Terms and Conditions

These Terms and Conditions ("Terms") of Ing. Markéta Pekárková, with its registered office at Pod Školou 165, Černčín, Czech Republic, Company ID No. 87991594, registered under File No. 371203 with the Municipal Office of Bučovice, e-mail: info@margessa.cz, telephone: +420 606 114 102 (hereinafter referred to as "we", "us", or the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations arising between you, as the Buyer, and us, as the Seller, in connection with or based on a purchase agreement (the "Agreement") concluded through our online store available at www.margessa.cz.

All information regarding the processing of your personal data is available in our Privacy Policy.

These Terms form an integral part of the Agreement. The Agreement and these Terms are drawn up in the Czech language. We reserve the right to amend or supplement these Terms at any time. Such amendments shall not affect the rights and obligations arising during the validity of previous versions of these Terms.

As our business is conducted primarily online, the Agreement is concluded by means of distance communication without the simultaneous physical presence of the Buyer and the Seller. The Agreement is therefore concluded remotely through the online interface of our website (the "Online Store Interface").

Should any provision of these Terms conflict with an individual agreement concluded during your purchase through our online store, the individual agreement shall prevail.

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I. Definitions

1. Price – the purchase price payable for the Goods.
2. Delivery Charge – the amount payable for the delivery of the Goods, including packaging costs.
3. Total Price – the sum of the Price and the Delivery Charge.
4. VAT – Value Added Tax applicable under the relevant legal regulations.
5. Invoice – the tax document issued in accordance with the applicable VAT legislation for the Total Price.
6. Order – your binding proposal to conclude an Agreement with us for the purchase of the Goods.
7. User Account – an account created using the information you provide, enabling you to store your personal details, view your order history, and access concluded Agreements.
8. Buyer – you, the person purchasing Goods through our online store.
9. Goods – all products offered for sale through our online store.

 

II. General Provisions

1. Goods may only be purchased through the online store available on our website.
2. When purchasing Goods, you are required to provide complete, accurate, and truthful information. We will therefore consider all information you provide during the ordering process to be accurate and correct.

All content published on www.margessa.cz, including texts, photographs, designs, product names, and other materials, is protected by copyright and other applicable intellectual property laws. Any copying, reproduction, distribution, publication, or other use of the website content without our prior written consent is strictly prohibited.

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III. Conclusion of the Agreement

1. The purchase agreement may be concluded only in the Czech language.
2. The Agreement is concluded remotely through our online store. You are responsible for any costs incurred in using means of distance communication. These costs do not exceed the standard charges for internet access or other communication services, and we do not charge any additional fees beyond the Total Price of your order. By submitting an Order, you agree to the use of distance communication for concluding the Agreement.
3. To conclude the Agreement, you must create an Order through the online store. The Order must include the following information:

a) Information about the Goods you wish to purchase (you add the selected Goods to your shopping cart by clicking the "Add to Cart" button).

b) Information regarding the Price, Delivery Charge, payment method, and preferred delivery method. These details are entered during the checkout process. The Price, Delivery Charge, and Total Price are calculated automatically based on the selected Goods and delivery method.

c) Your identification and contact details required for delivery of the Goods, in particular your first name, last name, delivery address, telephone number, and e-mail address.

d) If the Agreement concerns the regular or recurring supply of Goods, information regarding the duration of such deliveries.

4. Before submitting your Order, you may review and modify all entered information. By clicking the "Order with Obligation to Pay" button, you submit your Order. Before doing so, you must confirm that you have read and accepted these Terms and Conditions by selecting the appropriate checkbox. Without this confirmation, the Order cannot be submitted. Once the Order is submitted, all entered information is transmitted directly to us.
5. We will confirm receipt of your Order as soon as reasonably possible by sending a confirmation e-mail to the address provided in your Order. The confirmation will include a summary of your Order together with these Terms and Conditions. The Agreement is concluded when we send you the Order confirmation. The version of these Terms and Conditions effective on the date of your Order forms an integral part of the Agreement.
6. In certain circumstances, we may be unable to accept your Order. This may occur, for example, if the Goods are out of stock or if the quantity ordered exceeds the maximum quantity available for purchase. Where applicable, information regarding quantity limits will always be displayed in the online store. If we are unable to accept your Order, we will contact you and provide an amended offer. The Agreement will be concluded only when you accept the amended offer.
7. If an obviously incorrect Price is displayed in the online store or in your Order due to a technical or administrative error, we are not obliged to supply the Goods at that incorrect Price, even if the Order has already been confirmed. In such cases, we will contact you without undue delay and provide a corrected offer. The Agreement will be concluded once you accept the corrected offer. If you do not accept our corrected offer within three (3) days of its delivery, we reserve the right to withdraw from the Agreement. An obvious pricing error includes, for example, a price significantly different from the usual market price or a price containing a typographical error.
8. Upon conclusion of the Agreement, you undertake to pay the Total Price of your Order.
9. If you have created a User Account, you may place Orders through your account. Even in this case, you are responsible for verifying that all pre-filled information is complete, accurate, and up to date. The ordering process is otherwise identical to that of customers without a User Account, with the advantage that your personal information does not need to be entered repeatedly.
10. In certain cases, we may offer discounts on selected Goods. To redeem a discount, you must enter the relevant discount code or information in the designated field during the checkout process. If the discount is valid, it will be applied to your Order automatically.
    
    

    IV. User Account

    1. By registering through our online store, you may create and access your User Account.
    2. When creating a User Account, you are required to provide complete, accurate, and truthful information. You are also responsible for keeping this information up to date should any changes occur.
    3. Access to your User Account is protected by your username and password. You are responsible for maintaining the confidentiality of your login credentials and must not disclose them to any third party. We shall not be liable for any misuse of your User Account resulting from unauthorized use of your login credentials.
    4. Your User Account is personal and may not be transferred to or used by any third party.
    5. We reserve the right to suspend or delete your User Account, particularly if it has remained inactive for more than 12 months or if you breach your obligations under the Agreement.
    6. The User Account may not be available continuously, particularly due to necessary maintenance of our hardware or software systems.

    Each user is responsible for protecting their login credentials and password. We shall not be liable for any loss or damage resulting from unauthorized access to a User Account where such access has occurred due to the user's failure to adequately protect their login details.

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    V. Pricing, Payment Terms and Retention of Title

    1. The Price of the Goods is always displayed in the online store, in your Order, and in the Agreement. In the event of any discrepancy between the Price displayed in the online store and the Price stated in the Order, the Price stated in the Order shall prevail and shall also be the Price specified in the Agreement. The Order also includes the Delivery Charge and, where applicable, information regarding free delivery.
    2. The Total Price includes VAT (where applicable) and all statutory fees required by law.
    3. Payment of the Total Price is due after the Agreement has been concluded and before the Goods are delivered. You may choose one of the following payment methods:

    a) Bank Transfer

    Payment instructions will be provided in the Order confirmation. Payment by bank transfer is due within 3 days.

    b) Online Card Payment

    Payments are processed securely through the Shoptet Pay payment gateway and are subject to the terms and conditions of the payment provider, available at https://www.shoptetpay.com/. Online card payments are due within 3 days.

    c) Cash Payment upon Personal Collection

    Cash payment is available only when collecting the Goods in person at our premises. In such cases, payment is due upon collection.

    4. An electronic invoice will be issued after the Total Price has been paid and will be sent to your e-mail address.
    5. Ownership of the Goods passes to you only after the Total Price has been paid in full and the Goods have been delivered or collected. In the case of payment by bank transfer, payment is deemed completed when the funds are credited to our bank account. For all other payment methods, payment is deemed completed at the moment the transaction is successfully processed.

    If you fail to pay the purchase price on time, you shall be liable to pay statutory default interest in accordance with applicable law. We also reserve the right to recover any reasonable costs incurred in connection with the collection of outstanding debts.

VI. Delivery of Goods and Transfer of Risk

1. The Goods will be delivered according to your chosen delivery method. You may select from the following options:

a) Personal collection at our premises by prior appointment at:

Pod Školou 165, Černčín, 685 01 Bučovice, Czech Republic

b) Collection from Zásilkovna collection points.

c) Collection from PPL collection points within the Czech Republic and Slovakia.

d) Delivery to your address by PPL within the Czech Republic and Slovakia.

2. Delivery is currently available within the Czech Republic and Slovakia.
3. Delivery times depend on the availability of the Goods and the selected delivery and payment methods. The estimated delivery time will be specified in the Order Confirmation. Delivery times displayed in the online store are indicative only and may differ from the actual delivery time. If you choose personal collection, we will notify you by e-mail as soon as your Goods are ready for collection.
4. Upon receiving the Goods from the carrier, you are required to inspect the packaging for any visible damage. If you discover any damage, you must notify both the carrier and us without undue delay. If the packaging shows signs of unauthorized opening or tampering, you are not obliged to accept the shipment.
5. If you fail to accept delivery of the Goods, except in the circumstances described in Article VI.4 of these Terms, such failure shall not constitute a breach of our obligation to deliver the Goods. Likewise, failure to accept the Goods shall not be deemed a withdrawal from the Agreement. In such a case, however, we reserve the right to withdraw from the Agreement due to your material breach of its terms. Any withdrawal shall become effective on the date it is delivered to you. Withdrawal from the Agreement shall not affect our right to reimbursement of delivery costs or any claim for damages where applicable.
6. If the Goods must be delivered repeatedly or by a different method due to reasons attributable to you, you shall reimburse us for all additional costs incurred as a result of such repeated or alternative delivery. Payment instructions for these additional costs will be sent to the e-mail address provided in the Agreement and shall be payable within 14 days from the date of the e-mail.
7. The risk of loss of or damage to the Goods passes to you upon receipt of the Goods. If you fail to accept delivery, except in the circumstances described in Article VI.4, the risk passes to you at the moment when you had the opportunity to accept the Goods but failed to do so for reasons attributable to you. From that moment onward, you bear all risks associated with the loss, destruction, damage, or deterioration of the Goods.
8. If the Goods are not marked as "In Stock" and only an estimated availability is provided, we will inform you without undue delay in the event of:

a) an unexpected interruption in production, together with a revised estimated availability date or information that the Goods can no longer be supplied;

b) delays in delivery from our supplier, together with a revised estimated delivery date.

9. If we are unable to deliver the Goods within 30 days after the estimated delivery date stated in the Order Confirmation, for any reason whatsoever, both you and we shall have the right to withdraw from the Agreement.

The risk of loss or damage to the Goods passes to the Buyer upon receipt of the Goods. We shall not be liable for any loss of or damage to the Goods occurring after they have been accepted by the Buyer.

 

VIII. Limitation of Liability

1. We shall not be liable for any damage resulting from the improper use of our products by the customer, including, but not limited to, damage to persons or property caused by the incorrect use of perfumes, diffusers, fragrance oils, or other aromatic products.
2. Minor variations in the colour of the bottle, the volume of the product, or the fragrance compared to photographs or product descriptions are considered a natural characteristic of handmade and natural products and do not constitute grounds for a complaint or claim.
3. We accept no responsibility for allergic reactions or individual health issues arising from the use of our fragrances. We recommend testing a small amount of the product before regular use.
4. We shall not be liable for delays in delivery caused by the carrier, force majeure, or any other circumstances beyond our reasonable control, nor for any damage resulting from such delays.

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IX. Withdrawal from the Agreement

1. The Agreement may be terminated by withdrawal only in the cases expressly provided for in these Terms or by applicable law.
2. Our perfumes are original artistic creations and, in many cases, products made to order. For this reason, withdrawal from the Agreement or the return of Goods is not possible, except where the Goods are defective or damaged upon delivery. We therefore recommend ordering fragrance samples before purchasing a full-size product.
3. If you are entitled to withdraw from the Agreement, the purchase price will be refunded within 14 days from the effective date of withdrawal to the bank account from which the payment was received or to another account specified by you. The refund will not be processed before the Goods have been returned to us or you have provided proof that they have been shipped back. Please return the Goods clean and, whenever possible, in their original packaging.

To make the return process easier, you may use our online PPL Return Form.

4. If you withdraw from the Agreement in accordance with these Terms, you must return the Goods within 14 days of withdrawal and bear the cost of returning them. You are entitled to reimbursement of the delivery costs only up to the amount corresponding to the least expensive delivery method offered by us. If the withdrawal is due to our breach of the Agreement, we will also reimburse the reasonable costs of returning the Goods, again only up to the amount corresponding to the least expensive delivery method offered.
5. You are responsible for any reduction in the value of the Goods resulting from handling them in a manner other than that necessary to establish their nature, characteristics, and functionality. Any compensation due for such reduction in value will be invoiced after the Goods have been returned and shall be payable within 14 days. If we have not yet refunded the purchase price, we may offset such compensation against the amount to be refunded.
6. We reserve the right to withdraw from the Agreement at any time before dispatch of the Goods if objective circumstances prevent us from fulfilling the Order, particularly due to reasons attributable to third parties or the nature of the Goods, including the situations described in Article VI.9. We may also withdraw from the Agreement if it becomes evident that intentionally incorrect information has been provided in the Order. Where the Buyer is acting in the course of business, we reserve the right to withdraw from the Agreement at any time without stating a reason.

X. Consumer Dispute Resolution

1. We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Czech Civil Code.
2. Consumer complaints may be submitted by e-mail to:

info@margessa.cz

We will inform you of the outcome of your complaint by e-mail.

3. For the out-of-court settlement of consumer disputes arising from the Agreement, the competent authority is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID: 00020869.

The European Online Dispute Resolution (ODR) platform is available at:

https://ec.europa.eu/consumers/odr

and may be used for resolving disputes arising from online purchase agreements between consumers and traders.

4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, is the designated contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes. Further information is available at:

https://www.evropskyspotrebitel.cz

 

 

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