TERMS AND CONDITIONS

of the commercial company MBW s.r.o.,

with the registered office in Vltavská 1286, 373 41 Hluboká nad Vltavou
identification number: 28082303
registered in the Commercial Register kept by the Regional Court in České Budějovice paragraph C, insertion 16196 for sale of goods through an on-line shop placed at the internet address http://www.mbw.cz

  1. INTRODUCTORY PROVISIONS
    1. These Terms and Conditions (hereinafter referred to as „Terms and Conditions“) of the commercial company MBW s.r.o., with the registered office in Vltavská 1286, 373 41 Hluboká nad Vltavou, identification number: 28082303, registered in the Commercial Register kept by the Regional Court in České Budějovice, paragraph C, insertion 16196 (hereinafter referred to  as „the seller“) regulate in accordance with the provision of section 1751 paragraph 1 of the Law No. 89/2012 Sb., of the Civil Code (hereinafter referred to as „Civil Code“) mutual rights and obligations of contractual parties arising in relation to the Contract of Sale or based thereon (hereinafter referred to as „Contract of Sale“) made between the seller and another individual (hereinafter referred to as „the buyer“) through an internet shop of the seller. The internet shop of the seller is operated on a web page placed at the internet address http://www.mbw.cz (hereinafter referred to as „web page“), and through the interface of the web page (hereinafter referred to as „web interface of the shop“).
    2. The Terms and Conditions are not applied for cases when a person intending to buy goods from the seller is a legal entity ordering the goods within the business activity or within the independent practising of occupation.
    3. Provisions derogating from the Terms and Conditions can be negotiated in the Contract of Sale. The derogating provisions in the Contract of Sale take precedence of the provisions in the Terms and Conditions.
    4. The provisions of the Terms and Conditions are an essential part of the Contract of Sale. The Contract of Sale and the Terms and Conditions are drawn up in the Czech language. The Contract of Sale shall be made in the Czech language.
    5. The seller can change or add the text of the Terms and Conditions. This provision shall not affect the rights and obligations which have arisen during the period when the previous text of the Terms and Conditions has been applied.

  2. USER ACCOUNT
    1. Based on the registration of the buyer made on the web page, the buyer can enter the user interface. From this user interface, the buyer can carry out the ordering of goods (hereinafter referred to as „user account“). In case that the web interface makes it possible, the buyer can carry out the ordering of goods also directly from the web interface of the shop without the registration.
    2. The buyer is obliged to provide all data properly and truthfully. The buyer is obliged to update the data mentioned on the user account after any changes thereof. The data mentioned by the buyer on the user account and at the order of the goods are considered by the seller to be the right ones.
    3. The access to the user account is secured by a user name and a password. The buyer is obliged to maintain the confidentiality concerning the information necessary for the access onto the user account.
    4. The buyer is not entitled to permit to third persons to use the user account.
    5. The buyer takes note of the fact that the user account does not have to be accessible uninterruptedly and this is above all regarding the necessary maintenance of the hardware and software equipment of the seller, and as the case may be, necessary maintenance of the hardware and software equipment of third persons.

  3. MAKING OF THE CONTRACT OF SALE
    1. All presentations of goods placed at the web interface of the shop have an informative value and the seller is not obliged to make the Contract of Sale for these goods. The provision of section 1732 paragraph 2 of the Civil Code is not applied.
    2. The web interface of the shop contains information about goods, including the prices for each item. The prices for goods are including the VAT and all related fees. The prices for goods remain valid as long as they are presented at the web interface of the shop. This provision does not restrict the option of the seller to make a Contract of Sale under individually agreed conditions.
    3. The web interface of the shop contains also information about costs relating to packaging and delivery of goods. The information about costs relating to packaging and delivery of goods mentioned at the web interface of the shop is valid only in cases when the goods are delivered in the territory of the Czech Republic.
    4. To order the goods, the buyer fills in an order form at the web interface of the shop. The order form contains above all the information about:
      1. the ordered goods (the buyer „puts“the goods into an electronic shopping cart at the web interface of the shop),
      2. the way how to pay the purchase price for goods, information about preferred way of delivery of the ordered goods and
      3. the information about costs relating to the delivery of goods (hereinafter referred to as „ the order“).
    5. Before sending the order to the seller, the buyer has the possibility to check and change the data written in the order and also the possibility to find out and correct mistakes which might have arisen during writing the data into the order. The buyer sends the order to the seller with clicking on the taste “Finish the Order”. The data stated in the order are considered by the seller to be the right ones. After delivering the order, the seller confirms immediately  this delivery to the buyer at the address of the electronic mail of the buyer stated at the user interface or in the order (hereinafter referred to as „electronic address of the buyer “).
    6. The seller is always entitled to ask the buyer for additional confirmation of the order (in a written way or per telephone), regarding the type of the order (quantity of goods, value of the purchase price, estimated shipping costs).
    7. The contractual relation between the seller and the buyer arises with the delivery of the order acceptation (acceptation) that shall be sent by the seller to the buyer through the electronic mail, at the address of the electronic mail of the buyer.
    8. The buyer agrees to use the distance communication means when making the Contract of Sale. The costs arising to the buyer due to using the distance communication means when making the Contract of Sale (costs for internet access, costs for phone calls) shall be paid by the buyer; these costs however do not differ from a usual tariff.

  4. PRICE FOR GOODS AND PAYMENT CONDITIONS
    1. The price for goods and potential other costs relating to the delivery of the goods according to the Contract of Sale can be paid by the buyer to the seller in the following ways:
      • In cash, in the registered office of the seller at the address Vltavská 1286, 373 41 Hluboká nad Vltavou;
      • in cash on delivery at the place described by the buyer in the order;
      • cashless payment on seller´s account No. 43-2077510227/0100 (hereinafter referred only as „seller´s account “);
      • cashless payment through the payment system PayPal, GPwebpay;
      • cashless payment with a payment card;
    2. The buyer is obliged to pay to the seller also the costs relating to packaging and delivery of goods in the agreed amount. Unless explicitly otherwise stated, the purchase price means also the costs relating to the delivery of goods.

      Through Česká pošta (Czech Post Office):
      The goods will be dispatched at the latest on the next day after receiving the order. The customer will receive the goods within 3 working days.  If Česká pošta fails to reach the customer, the goods will be stored at the next post office for 7 days. Česká pošta provides the delivery of consignments in the whole territory of the Czech Republic, packaging and postal costs amount to CZK 110, - and CZK 30, - for a consignment within the Czech Republic.  Should the price of the order exceed CZK 2.000, - the postal costs in the Czech Republic will be met by MBW s.r.o..  If it is not possible to deliver the goods in the given period of time the customer will be informed about it in time.  

      Through the shipping company PPL:
      The goods will be dispatched at latest on the next day after receiving the order. The customer will receive the goods within 3 working days. The packaging and postal costs amount to CZK 90,- and CZK 30,- for the consignment in the Czech Republic. The packaging and postal costs amount to 9,- EUR and 1,- EUR for the consignment in Slovakia. Should the price of the order exceed CZK 2.000,- the postal costs in the Czech Republic will be met by MBW s.r.o.. If it is not possible to deliver the goods in the given period of time the customer will be informed about it in time.
       
    3. The seller does not require any advance payment or any other similar payment. The provision of Art  3.6. of the Terms and Condition concerning the obligation to pay the purchase price in advance is not affected by the aforesaid.
    4. The purchase price is due in the moment of overtaking the goods in case of the cash payment or the cash on delivery. The purchase price is due within fourteen (14) days since the Contract of Sale has been made in case of the cashless payment. In case of the cashless payment the obligation of the buyer to pay the purchase price is fulfilled at the moment when the whole purchase price is credited on seller´s account.
    5. In case of the cashless payment the buyer is obliged to pay the purchase price for goods and state the variable symbol of the payment.
    6. The seller is obliged especially in case when the buyer does not confirm the order properly (Art. 3.6) to require the payment of the whole purchase prices still before the goods are dispatched to the buyer. The stipulation  of section 2119 paragraph 1 of the Civil Code shall not be applied.
    7. Potential price reductions provided by the seller to the buyer cannot be applied together.
    8. Should it be common in the trade communication or should it be given by the generally binding legal rules, the seller will issue a tax document – an invoice regarding the payments carried out upon the Contract of Sale. The seller is liable to value added tax. The tax document - the invoice will be issued by the seller to the buyer after the price for goods is paid and it will be sent through the electronic mail at the electronic address of the buyer.

  5. WITHDRAWAL FROM THE CONTRACT OF SALE
    1. The buyer acknowledges the fact that pursuant to the stipulation of section 1837 of the Civil Code, it is not possible among others to withdraw from the Contract of Sale for the delivery of goods which have been adapted according to buyer´s wishes or for his/her person, from the Contract of Sale for the delivery of perishable products as well as goods which have been irrecoverably mixed together with other goods, from the Contract of Sale for the delivery of goods in closed packaging, which the consumer has removed from the packaging or which cannot be returned for hygienic reasons and from the Contract of Sale for the delivery of audio or visual records or computer programs if the original packaging thereof has been broken.
    2. Should none of the cases mentioned in Art. 5,1. or any other case in which it is not possible of withdraw from the Contract of Sale be applied, the buyer has the right to withdraw from the Contract of Sale in accordance with stipulations of section 1829 paragraph 1 of the Civil Code, within fourteen (14) days since the takeover of goods and in case when the subject of the Contract of Sale consists of several kinds of goods or delivery of several parts, the period starts to run as of the day when the takeover of the last delivery of goods was carried out. The withdrawal from the Contract of Sale must be delivered to the seller within the period mentioned in the aforesaid sentence. The buyer can send the withdrawal from the Contract of Sale among others to the address of the business premises of the seller or to the address of the electronic mail of the seller.
    3. In case of withdrawal from the Contract of Sale pursuant to Art. 5.2. of the Terms and Conditions, the Contract of Sale is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days since the withdrawal from the Contract of Sale. Should the buyer withdraw from the Contract of Sale, the costs relating to the return of goods to the seller should be paid by the buyer and this is also in case that the goods cannot be returned through a usual mail way because of the special kind thereof.  
    4. In case of withdrawal from the Contract of Sale pursuant to Art. 5.2. of the Terms and Conditions the seller shall return the financial means received from the buyer within fourteen (14) days since the withdrawal from the Contract of Sale by the buyer and in the same way as the seller has received the financial means from the buyer. The seller is also entitled to return the means provided by the buyer already at returning the goods by the buyer or in any other way if the buyer agrees therewith and no additional costs arise to the buyer due to this. Should the buyer withdraw from the Contract of Sale the seller is not obliged to return to the buyer the received financial means before the buyer returns the goods or proves that the goods have been dispatched to the seller.
    5. The seller is entitled to count the claim for damage incurred on the goods unilaterally against the claim of the buyer for return of the purchase price.
    6. The seller is entitled to withdraw from the Contract of Sale any time until the buyer takes over the goods. In such a case the seller returns the purchase price to the buyer without undue delay, cashless on the account stated by the buyer.
    7. Should a present be provided together with the goods, a Contract of Donation shall be made between the seller and the buyer with an cancellation clause that in case of the withdrawal from the Contract of Sale by the buyer the Contract of Donation ceases to have effect and the buyer is obliged to return also the provided present together with the goods to the seller.

  6. SHIPPING AND DELIVERY OF GOODS
    1. In case that the way of shipping is agreed upon a special requirement of the buyer, the buyer bears the risks and potential additional costs relating to this way of shipping.
    2. Should the seller be obliged pursuant to the Contract of Sale to deliver goods to the place stated by the buyer in the order, the buyer is obliged to overtake the goods at delivery.
    3. In case that it is necessary to deliver the goods repeatedly or any other way than it has been stated on the order for the reasons on the buyer´s side, the buyer is obliged to pay the costs relating to repeated delivery of goods or the costs relating to other way of delivery.
    4. When overtaking the goods from the shipping company, the buyer is obliged to check the integrity of the packaging of goods and to inform the shipping company immediately in case of any damage. The buyer is not obliged to overtake the delivery from the shipping company if he/she finds a broken packaging showing that somebody has intruded into the consignment illegally.
    5. Other rights and obligations of parties concerning the shipping of goods can be regulated by special delivery conditions of the seller if the seller issues them.

  7. RIGHTS OF DEFECTIVE PERFORMANCE
    1. The rights and obligations of the contractual parties regarding the rights of defective performance are regulated by the appropriate general binding rules (especially with provisions of section 1914 to 1925, section 2099 to 2117 and  section 2161 to 2174 of the Civil Code).
    2. The seller is responsible to the buyer for ensuring that at the moment when the buyer overtakes the goods:
      1. the goods are of such qualities which have been agreed by parties and if such an agreement does not exist,  the goods are of such qualities which the seller or producer have described or the buyer has expected regarding the kind of goods and based upon an advertisement presented by the seller or producer,
      2. the goods are suitable for the purposes for which the seller states them or for which the goods of this kind are usually used,
      3. the goods correspond with the agreed sample or model concerning the quality or designs if the quality or designs have been given according to an agreed sample or model,
      4. the goods are delivered in the appropriate quantity, size and weight an
      5. the goods meet the requirements of the legal rules.
    3. The  provisions mentioned in Art. 7.2 of the Terms and Conditions are not applied for goods sold for a lower price because of a defect for which the lower price has been agreed, for deterioration of goods caused by a usual usage, in case of used goods for a defect corresponding with the way of usage or deterioration that the goods have already had when the buyer has overtaken them if it is resulting from the kind of goods.
    4. Should a defect appear within six months after the takeover, it is considered that the goods were defective already at the takeover.
    5. The buyer exercises his rights of defective performance at the seller, at the address of his business premises where the acceptation of a claim is possible regarding the assortment of the sold goods or also in the registered office or at the place of business. The moment of exercising the claim is the moment when the seller has received the claimed goods.
    6. Other rights and obligations relating to  the responsibility of the seller for defects may be regulated by the Claim Rules of the seller.

  8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTUAL PARTIES 
    1. The buyer acquires ownership of the goods with the payment of the whole purchase price for goods.
    2. The seller is not bound in relation to the buyer with any Codes of Conduct within the intention of the provision of section 1826, paragraph 1, (e) of the Civil Code.
    3. The seller establishes out-of-court complaint procedures for consumers through the electronic address info@m-b-w.cz. The seller sends the information about the complaint procedure to the buyer at the electronic address of the buyer.
    4. The seller is entitled to sale goods upon a company´s licence to trade. The business control is performed by the relevant Licensing Office within the limits of the competence thereof. The supervision over the issue of the personal data protection is performed by the Authority for Protection of Personal Data. The Czech Trade Inspection performs among others the supervision over the observance of the Law No. 634/1992 Sb., on the consumer protection as amended, to a limited extend.
    5. The buyer overtakes the danger of changing circumstances within the intention of section 1765 paragraph 2 of the Civil Code.

  9. PROTECTION OF PERSONAL DATA
    1. The protection of buyer’s personal data who is an individual is provided by the Law No. 101/2000 Sb., on the protection of personal data as amended.
    2. The buyer agrees with processing of the following personal data: name and surname, permanent address, identification number, tax number, address of the electronic mail and telephone number (hereinafter together referred as „personal data“).
    3. The buyer agrees with the processing of the personal data by the seller to implement the rights and obligations following from the Contract of Sale and for purposes of managing the user account. If the buyer fails to choose another option, he/she agrees with the processing of the personal data by the seller also for the purposes of sending information and commercial communications to the buyer. The agreement with the processing of the personal data in the whole scope of this article is not a condition which should prevent from making the Contract of Sale.
    4. The buyer acknowledges that he/she is obliged to provide all personal data (at registration, on the user account, at the order made from the web interface of the shop) properly and truthfully and that he/she is obliged to inform the seller about any change of personal data without undue delay.
    5. The seller can appoint a third person as a processor to process the personal data of the buyer. The seller shall not provide the personal data of the buyer to third persons without his/her previous consent, besides persons shipping the goods.
    6. The personal data will be processed for an indefinite period. The personal data will be processed in electronic form automatically or in printed form non-automatically.
    7. The buyer confirms that the provided personal data are accurate and that he/she has been informed about the fact that the personal data have been provided voluntarily.
    8. Should the buyer believe that the seller or the processor (Art. 9.5.) carry out the processing of personal data in breach of the protection of the private and personal life of the buyer or in breach of the law, especially if the personal data are inaccurate regarding the purpose of processing thereof, he/she can:
      1. ask the seller or processor for explanation,
      2. require that the seller or processor remove the state incurred this way.
    9. Should the buyer ask for the information about processing of personal data the seller is obliged to inform him about that. The seller has the right to require for providing the information pursuant to the aforesaid sentence an appropriate payment not exceeding the costs necessary for providing the information.

  10. COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES
    1. The buyer agrees to get information relating to goods, services or business of the seller at the electronic address of the buyer and further he/she agrees to get the commercial communications from the seller to the electronic address of the buyer.
    2. The buyer agrees that so-called cookies will be stored in his/her computer. In case that it is possible to carry out the purchase on a web page and fulfil the obligations of the seller from the Contract of Sale without storing of the so-called cookies in the buyer´s computer, the buyer can withdraw the  approval pursuant to the aforesaid sentence any time.

  11. DELIVERY
    1. The deliveries can be performed at the address of the electronic mail of the buyer mentioned on the user account or mentioned by the buyer in the order.

  12. FINAL PROVISIONS
    1. Should the relation based on the Contract of Sale contain an international (foreign) element, the parties agree that the relation is regulated by the Czech law. The consumer rights following from the generally binding legal rules are not affected with the aforesaid.
    2. If there is or becomes a provision of the Terms and Conditions invalid or ineffective, the invalid provision is to be substituted with an effective provision so that it comes as close as possible to the initial purpose of the invalid provision. The effectiveness of other provisions is not affected with invalidity or ineffectiveness of one provision. Changes and amendments to the Contract of Sale require the written form.   
    3. The Contract of Sale, including the Terms and Conditions, is stored by the seller in electronic form and is not publicly accessible.
    4. The attachment to the Terms and Conditions is a template form for withdrawal from the Contract of Sale.
    5. Contact data of the seller:
      • delivery address MBW s.r.o., Vltavská 1286, 373 41 Hluboká nad Vltavou,
      • address of the electronic mail info@m-b-w.cz, telephone +420 385 731 708, +420 724 874 359.
    6. The Terms and Conditions have been valid and effective since 01.01.2014.


The exchange of purchased goods for another size is possible. In this case, the customer shall send the goods back at our address together with the purchase document and enclosed letter in which he/she describes which size should be exchanged. The shipping costs in case of exchange should be paid by the customer. 

For hygienic reasons, only goods properly cleaned will be accepted for the claim proceedings or service after guarantee!

We provide guarantee as well as after guarantee service of our products.