GENERAL COMMERCIAL TERMS AND CONDITIONS
of the trading company DREAMland, spol. s r.o.
with registered office at Duhová 1013, 293 06 Kosmonosy, ID No. 257 81 049. The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 69650
1. General Provisions
These General Commercial Terms and Conditions apply to purchases in the online shop of DREAMland, spol. s r.o. located at the website https://eshop.dreamland-plc.cz (hereinafter referred to as the “Online Shop”). These General Commercial Terms and Conditions define and specify in more detail the Seller’s and the Buyer’s rights and obligations arising from negotiation and conclusion of a purchase contract via the above Online Shop. All contractual relationships shall be entered into in accordance with the laws of the Czech Republic. If the Buyer is a consumer, the contractual relationships shall be governed both by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
These General Commercial Terms and Conditions form an integral part of an each individual purchase contract.
Both the General Commercial Terms and Conditions and the purchase contract are entered into in Czech. Buyers from countries other than the Czech Republic shall be provided a bilingual version of these General Commercial Terms and Conditions, whereas in case of any variances between the two versions hereof, the Czech version shall prevail. The Purchase Agreement, including these General Commercial Terms and Conditions, shall be stored in electronic form by the Seller and shall not be publicly accessible, even to the Buyer.
The prices of the goods are specified at the Seller’s website www.eshop.dreamland-plc.cz with each individual goods. The payment methods of the price of the goods and costs incurred in connection with the goods delivery are shown at the Seller’s website https://eshop.dreamland-plc.cz. The prices of the goods remain valid as long as they are displayed on the Online Shop web interface.
Seller´s mailing address: DREAMland, spol. s r.o., Duhová 1013, 293 06 Kosmonosy, email: email@example.com, telephone: +420 315 550 005.
Name and surname of person responsible for the Online Store operation: Felgr Michal, IT Department
2. Definition of Terms
- Consumer Contract shall mean any contract entered into between a consumer and an entrepreneur. For the purposes hereof, it shall mean namely a purchase contract.
- Entrepreneur shall mean a person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit is considered, with regard to this activity, to be an entrepreneur, as well as any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur is considered to be an entrepreneur.
- Seller shall mean for the purposes hereof the company DREAMland, spol. s r.o., who is an entrepreneur.
- A customer of the Online Shop is the Buyer. According to applicable legal regulations, there is a difference between a Buyer who is a consumer and a Buyer who is not a consumer.
- Buyer who is a consumer or hereafter referred to as a Consumer shall mean any individual who, outside his trade, business or profession, enters into a contract or has other dealings with an entrepreneur.
- Buyer who is not a consumer (hereafter referred to as “Buyer, not Consumer“), shall mean any other individual who is not a Consumer. A Consumer shall, therefore, namely mean an individual who when entering into, performing and negotiating about a contract acts within his trade, business or profession.
3. Conclusion of a Purchase Contract
All orders placed via the Online Shop www.eshop.dreamland-plc.cz shall be binding. By sending an order, the Buyer confirms that he has acquainted himself and agrees with these General Commercial Terms and Conditions in their wording valid and effective at the moment this order is sent. The Buyer shall be bound by these General Commercial Terms and Conditions as soon as a purchase contract is concluded. The Buyer has an opportunity to acquaint himself with these General Commercial Terms and Conditions prior to sending his binding order and shall receive a copy hereof as an enclosure to a confirmed order to a provided email address. The Buyer shall be duly and sufficiently notified about such facts prior to sending his order.
The individual steps leading to a contract conclusion are as follows. The Buyer chooses the goods in the Online Shop and adds the goods he is interested in in his basket. After he has completed the selection, the Buyer goes to the basket where he sees the selected goods and the total price of the order without transportation cost. Then he fills in his contact details and his mailing address, if different from that given in his contact details. In the next step the Buyer selects the mode of transportation and payment method. The last step is a summary of the order before its sending, in which material information about the purchase contract is provided, i.e. the list of purchased goods, total price to pay (i.e. the price of the goods and delivery costs), information about the Buyer and mailing address, if filled in. The order creation is completed by clicking on the “Confirm Order” button. All Buyer's orders shall be regarded as binding upon their sending to the Seller.
The sending of an order by the Buyer represents a proposal for concluding a contract. A purchase contract shall be concluded upon the delivery of the Seller’s binding consent with the Buyer’s proposal for concluding a contract to the Buyer (binding order confirmation by the Seller). Starting from this moment, mutual rights and obligations are established between the Buyer and the Seller. The current wording of the Seller's General General Commercial Terms and Conditions and the electronic version of the concluded purchase contract shall be attached to such order confirmation.
The Buyer should keep the confirming email (not delete it) for the entire period for claiming defective performance and warranty period, as the case may be, as it may serve as an evidence in case of disputes as to the content of the GCTC.
4. Basic Information about Buying and Prices of Goods
The Online Shop provides a list of goods offered by the Seller for sale, including a more detailed description of the goods. The state in which the goods are offered (new, renovated, used, repaired) is specified with each goods as well as the warranty period granted by the Seller for the respective goods. The prices of goods and services as shown in the Online Shop are final, i.e. including value added tax and all other taxes and fees, as the case may be. The Seller grants a 12-month warranty period for all new goods offered by the Seller for sale, unless specified otherwise with respective goods on the Seller’s website. For all other goods, the Seller grants a warranty as defined on the Seller’s website https://eshop.dreamland-plc.cz with each individual goods.
Special prices shall be valid while supplies last with the limited quantities specified, or within a defined period of time. The maximum quantity of goods that can be bought as a special offer is specified with each goods. Discounted prices, special offers and individual promotions cannot be combined or stacked.
Prices are non binding until the proposal for purchase contract is concluded.
Prior to sending an order to the Seller, the Buyer has an opportunity to check and change the data given in the order. The Seller considers the data given in the order and sent to the Seller as correct. The Seller may ask the Buyer for subsequent confirmation of his order and correctness of the Buyer’s data by an email sent to the Buyer after the purchase contract conclusion. If the Seller exercises this right, i.e. checking the Buyer’s data, the ordered goods will only be sent to the Buyer after such subsequent confirmation of his order and correctness of the Buyer's data.
A Buyer, who went through the Seller’s registration process, may check his order processing status on the Seller’s website by clicking on a link to be provided in the Seller's email confirming the receipt of the Buyer’s order and conclusion of the purchase contract.
Prior to placing an order, the Buyer has an opportunity to familiarise himself with the offer or price validity period.
Before sending an order to the Seller, the Buyer has also the possibility to communicate to the Seller his disagreement with the sending of the Seller's commercial communications and conducting other marketing or advertising activities aimed at the Buyer by checking an appropriate box.
No handling or packaging fees are charged to the Buyer in the Online Shop, however, the price of the goods needs to be increased by the shipping cost depending on the selected payment method and mode of transport, whereas such price already includes VAT at the statutory rate.
The Buyer agrees to the use of means of distance communication to conclude the purchase contract. The costs incurred by the Buyer on using the means of distance communication in connection with the conclusion of the purchase contract shall be covered by the Buyer. No special fee shall be charged for the use of the means of distance communication for purchase in the Seller’s Online Shop.
5. Payment Terms
The Buyer shall pay the Seller the agreed purchase price. Along with the purchase price, the Buyer is further obliged to compensate the Seller for any costs relating to shipping of the goods. Unless expressly specified otherwise, the “Purchase Price” shall include also costs incurred in connection with delivery of the goods.
The methods of payment of the price of the goods and costs incurred in connection with delivery of the goods under the purchase contract are displayed on the Seller’s website www.eshop.dreamland-plc.cz.
Upon crediting the Buyer’s payment, the Buyer will receive to his email address a written document (invoice) on purchasing the goods and receipt for purposes of registration of sales, if the Seller was obliged to issue such receipt.
According to the Act on Registration of Sales, the Seller is in certain cases obliged to issue to the Buyer a receipt upon registration of the sale. At the same time, the Seller shall in such case also register the sale received on-line with the tax administrator; in case of a technical failure, he shall do so no later than within 48 hours.
If the Seller is obliged to deliver the goods to a destination specified by the Buyer in an order, the Buyer shall be obliged to take delivery of the goods. If the Buyer fails to take delivery of the goods, the Seller may withdraw from the purchase contract.
The Buyer shall acquire title to the goods upon payment of the full Purchase Price of the goods and taking delivery of the goods.
6. Delivery of Ordered Goods
Ordered goods shall be delivered to the Buyer in a manner selected by the Buyer in the respective order. The delivery date is specified in the basket prior to the order confirmation by the Buyer.
As regards goods marked as "temporarily unavailable", the goods availability shall be provided by the Seller upon the Buyer’s inquiry sent to the email address firstname.lastname@example.org. In such case, a purchase contract shall be made upon mutual agreement (via email communication etc.) between the Seller and the Buyer.
The Buyer shall inspect the goods immediately upon their receipt. If the Buyer discovers mechanical damage to the shipment packaging, the Buyer shall inspect, in the carrier’s presence, the condition of the goods contained in the shipment and in case of damage to the goods, prepare a report on the packaging and goods damage and have this fact confirmed by the carrier. Based on such report, the Buyer shall be granted reasonable discount or new goods shall be delivered.
By the signing of a delivery note or confirmation on receipt of a shipment, the Buyer agrees to take over the goods and confirms that it arrived without mechanical damage.
7. Withdrawal from Contract - Applies only to Consumers
If a contract between the Seller and the Consumer is concluded through a means of distance communication (for the purposes hereof, it shall mean namely via Internet, email or telephone communication), the Consumer may pursuant to Section 1829 of the Civil Code, withdraw from the purchase contract without giving grounds within 14 days from the takeover of the goods, or from the date on which the last supply of goods are taken over if several kinds of goods or the supply of several parts or items have been ordered in one order. However, within the meaning of Section 1837 of the Civil Code, the Consumer may not withdraw from a contract:
- for the provision of services if they were performed with his prior express consent before the end of the time limit for withdrawal and the entrepreneur informed the Consumer before concluding the contract that he shall thereby lose the right of withdrawal;
- for the supply of goods or a service whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur and which may occur during the time limit for withdrawal;
- for the supply of alcoholic beverages which can only be supplied after thirty days and whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur;
- for the supply of goods which were customised or personalised;
- for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply;
- for repair or maintenance work carried out at the place designated by the Consumer at his request; however, this does not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts;
- for the supply of sealed goods which were unsealed after supply by the Consumer and which are not suitable for return due to hygiene reasons;
- for the supply of audio or video recordings or computer software whose original seal was unsealed after supply;
- for the supply of newspapers, periodicals or magazines;
- for accommodation, transport, catering or leisure activities where the entrepreneur provides the performances at a specific date;
- concluded at a public auction in accordance with the statute governing public auctions, or
for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the consumer before the time limit for withdrawal and the entrepreneur informed the Consumer before concluding the contract that he shall thereby lose his right of withdrawal.
We recommend to submit a notice of withdrawal from the purchase contract in writing. A notice of withdrawal must be provably sent to the Seller within 14 days from the date of:
- the goods takeover, or
- takeover of the last supply of goods if several kinds of goods or the supply of several parts or items have been ordered in one order.
A notice of withdrawal shall be sent to the Seller’s business premises address: Duhová 1013, 293 06 Kosmonosy, or to the Seller's email address email@example.com.
The Consumer shall send or deliver to the Seller in person without undue delay, however, no later than within 14 days from the date of the withdrawal from the purchase contract, the goods received from the Seller to the Seller’s business premises address: Duhová 1013, 293 06 Kosmonosy.
The Seller shall return to the Consumer all funds received from the Buyer under the purchase contract and in the same manner in which they were received within 14 days from the notice of withdrawal. The Seller may only return to the Consumer the funds received in a different manner if the Buyer agrees and if no other expenses are incurred by the Buyer in connection therewith. Should the Consumer withdraw from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the goods have already been sent to the Seller.
The Consumer is liable to an entrepreneur only for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary with regard to its nature and properties.
Due to the above ground, should the Consumer withdraw from the purchase contract, the Seller strictly recommends to the Consumer to return the goods undamaged, with no signs of wear or consumption and in original packaging.
The Consumer shall send or otherwise deliver the returned goods to the Seller's address. In case of withdrawal from the purchase contract by the Consumer, the Consumer shall bear the cost of return of the goods and cost associated with the return of the goods to the Seller even if the goods cannot, due to its nature, be returned using the standard mailing service. If the goods was used or partially worn, or partially consumed, the Seller shall calculate decrease in the value of the goods, which the Seller shall subsequently claim from the Consumer.
If the Consumer receives from the Seller together with the shipment of the ordered goods a free gift on the purchase of the goods and the Consumer subsequently withdraws from the purchase contract, the subject-matter of which was delivery of such goods, the Consumer shall return to the Seller also the gift together with such goods. If the Consumer fails to do so, he shall pay to the Seller the purchase price of such gift.
The Seller is entitled to unilaterally offset a claim for compensation for damages caused to the goods against the Buyer’s claim to a refund of the purchase price.
8. Liability for Defects - Applies only to Consumers
The Seller shall be liable to the Consumer that the sold goods have no defects upon its takeover. The Seller is particularly liable to the Buyer for ensuring that, at the moment of takeover by the Buyer,
- the goods have the properties agreed upon between the parties, and in the absence of such agreement, the properties, which the Seller or the manufacturer described or which the Consumer expected with regard to the nature of the goods, and based on advertising made by them,
- the goods are suitable for the purpose stated by the Seller, or for the purposes this type of goods are normally used for,
- the goods quality or design comply with a sample or model, providing that the quality or design was determined based on an agreed sample or model,
- the goods are of corresponding quantity, scope or weight and
- the goods meet the requirements of legal regulations.
The state in which the goods are offered (new, renovated, used, repaired) is specified with each goods, as well as the warranty - liability for defects - period granted by the Seller for the respective goods. If the Consumer asks, the Seller shall confirm in writing the scope and duration of the Seller's obligations in the event of defective performance. If it is necessary, the Seller shall explain in such confirmation, in an intelligible manner, the content, scope, conditions and duration of his liability and the manner in which the rights arising from his liability can be exercised. The Seller shall further specify in the confirmation that the Consumer’s other rights pertaining to the purchase of the goods shall not be affected. Unless prevented by nature of the goods, the confirmation on the rights from defective performance may be replaced by a receipt for the goods purchase containing the above particulars.
The Buyer may exercise rights from defects that occur with regard to the consumer goods within twenty-four months from the goods acceptance. As regards goods sold at a reduced price, the Consumer shall not have rights from defects that constitute the reason for the price reduction. The Consumer shall not have rights from defects occurring as a result of wear of the goods during the normal use of the goods. As regards used, renovated or repaired goods, the Seller shall not be liable for defects that correspond to the extent of use or wear occurring in the goods before the goods acceptance by the Consumer. The Consumer shall further not have rights from defects if it results from the nature of the goods.
Pursuant to Act No. 89/2012 Coll., the Civil Code, the Consumer shall no longer be entitled to 24-month warranty for the goods. The Seller, however, provides quality warranty for the goods, when expressly stated, the length of which is provided for the respective goods in the product catalogue. This period shall be extended by the duration of the complaint procedure. The warranty period shall commence upon the thing handover to the Consumer; if the thing was shipped as specified in the contract, the warranty period shall commence upon delivery of the thing to the place of destination. If the purchased thing is to be put commissioned by a person other than the Seller, the warranty period shall commence from the date when the thing is commissioned, if the Consumer ordered the commissioning no later than within three weeks from the takeover of the thing and provided assistance in the performance of the service properly and in due time.
The Consumer shall have the following rights arising from liability for defects or warranty:
- If the purchased goods is not delivered free of defects, the Consumer may request delivery of a new thing that is free of defects, providing that such requirement is not disproportionate to the nature of the defect, and providing that if only a part of the thing is defective, the Consumer may only request replacement of the defective part. If the delivery of a new thing, or its part, is impossible, the Consumer may withdraw from the contract. However, if this would be unreasonable in view of the nature of the defect, in particular, if the defect can be removed without undue delay, the Consumer shall be entitled to removal of the defect free of charge.
- The Consumer shall also be entitled to delivery of a new thing, or replacement of a part, even if the defect can be removed, if the the Consumer cannot properly use the thing due to repeated occurrence of defects after a repair or due to multiple defects. In such case, the Consumer shall also be entitled to withdraw from the contract.
- If the Consumer does not withdraw from the contract or does not exercise the right to receive a new thing free from defects, to have a part of the thing replaced or repaired, Consumer may claim a reasonable discount. The Consumer shall also be entitled to a reasonable discount if the Seller cannot deliver a new thing free from defects, replace a part of the thing or repair it, as well as if the Seller does not make the remedy within a reasonable time-limit or if the making of the remedy would cause considerable inconvenience to the Consumer.
9. Liability for Defects - Applies only to Entrepreneurs, i.e. to Buyers Who are Not Consumers
The Seller shall be liable to the Buyer for the sold thing complying with the purchase contract and namely for the thing being free from defects upon its takeover by the Buyer. Compliance with the purchase contract means that the sold thing displays quality and usable properties required by the contract, declared by the Seller, the manufacturer or their representative or expected on the basis of the promotion or usual for things of the kind, that the thing meets requirements of applicable legal regulations, and is supplied in the ordered quantity, extent or weight and usable for the purpose declared by the Seller or usual for the type of thing.
The state in which the goods are offered as well as the warranty period granted by the Seller for the respective goods is specified with each goods.
As regards things sold at a reduced price, the Buyer shall not have rights from defects that constitute the reason for the price reduction. The Buyer shall not have rights from defects occurring as a result of wear of the thing during the normal use of the thing. As regards used, renovated or repaired things, the Seller shall not be liable for defects that correspond to the extent of use or wear occurring in the thing before the thing takeover by the Buyer. The Buyer shall further not have rights from defects if it results from the nature of the thing.
If the thing does not conform to the purchase contract upon its takeover, the Buyer shall have the right to request from the Seller to bring the thing into a condition confirming to the purchase contract without undue delay, either by replacing or repairing the thing at the buyer's discretion. This shall not apply if the Buyer knew about the non-conformity before taking the thing over or if the non-conformity was caused by the Buyer.
The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s liability under warranty, as the case may be, shall be claimed by the Buyer in person or by correspondence with the Seller at the Seller's business premises address: DREAMland, spol. s r.o., Duhová 1013, 293 06 Kosmonosy, on the Seller’s website or in writing using the email address: firstname.lastname@example.org. The Buyer shall clearly identify the claimed goods, provide the order number, describe the defects in the goods and specify the required manner of the complaint settlement. The Buyer shall at the same time ship the claimed goods, packed in a manner so as to prevent damage during transport, to the Seller’s business premises address, whereas in order to speed up the complaint settlement, we recommend attaching a copy of the invoice or delivery note with the shipment.
The Seller or the Seller’s authorized employee shall confirm to the Consumer in writing as soon as possible after having received the Consumer's complaint the date when the Consumer asserted his right from defective performance with the Seller and shall send this confirmation to the Consumer’s email address specified by the Consumer in the order placed with the Seller. In this confirmation, the Seller shall inform the Consumer also about the manner of the complaint settlement and the expected time of repair, if applicable. The Seller or the Seller's authorized employee shall resolve a complaint within 3-5 days, or 14 days in complex cases. This period shall not include the amount of time that is reasonable based on the type of product or service necessary for professional evaluation of the defect. The Consumer's complaint, including removal of the defect, shall be settled without undue delay, however no later than 30 days from when the complaint was submitted, unless the Consumer and the Seller agree on a longer period.
The Seller shall notify the Consumer on resolving the claim to the Consumer’s email address specified by the Consumer in the order placed with the Seller - until such notice is issued, the complaint shall be deemed as unresolved. If the claim has not been settled within the 30-day time-limit for the claim resolution, the defect shall be deemed irremovable and the Consumer shall have the corresponding rights (replacement with new goods, purchase price reduction, or withdrawal from the purchase contract).
The Consumer is entitled to reimbursement of necessary expenses incurred in connection with asserting his rights from liability for defects. In the event of an apparently unjustified complaint (if the Consumer clearly displays bullying behaviour), the Consumer shall not be entitled to reimbursement of his costs incurred in connection with asserting his rights from liability for defects.
The Consumer shall send to the Seller via electronic mail a request for payment of the postal charges together with a copy of the proof of posting showing the price of postage and the Seller shall pay the postal charges to the Consumer upon such request.
In order to ensure correct functioning of the Seller’s website, it is sometimes necessary to place small data files, marked as cookies, on the Buyer’s device. Cookies are small text files which websites save on The Buyer’s computer or mobile device at the moment he starts using the particular website. The website thus remembers the preferences and transactions made by the Buyer on the website for a certain period of time and so there is no need to enter the data again. The Buyer is informed about the possibility of using cookies when he starts using the Seller's website. If it is possible to shop on the website and perform the Seller’s obligations arising out of the purchase contract without saving the so-called cookies in the Buyer’s computer, the Buyer may cancel his previously granted consent or ask the Seller to stop using the cookies vis-a-vis the Buyer.
12. Out-of Court Resolution of Complaints
The Seller shall arrange for out-of-court resolution of Consumers' complaints via the email address: email@example.com. The Seller shall send the information about resolution of the Consumer’s complaint to the Consumer’s email address.
The body performing control over observance of Consumers’ rights by the Seller in case of a purchase contract concluded through the Seller’s website is the Czech Trade Inspection Authority that performs the function of an arbitrator in out-of-court proceedings. If the Consumer is not satisfied with the outcome of the resolved complaint by the Seller, he may refer the case to the Czech Trade Inspection Authority at www.coi.cz, which will attempt at resolving the given dispute in cooperation with both parties.
The Consumer has the right to start the out-of-court settlement of a dispute via the ODR platform available at the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS/.
13. Personal Data Protection
According to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, the Seller processes personal data of the Buyers. More details about processing of the Buyer's personal data are provided on the Seller’s website in section “Information on Personal Data Processing“.
14. Legal Order, Local Jurisdiction
The rights and obligations arising from a contract concluded between the Seller and the Buyer shall be governed by Czech laws, namely Act No. 89/2012 Coll., the Civil Code. In case of any disputes between the Seller and the Buyer arising from a purchase or any other similar contract concluded based on these General Commercial Terms and Conditions, Czech courts shall have local jurisdiction over such disputes.
If a purchase or any other similar contract is concluded between the Seller and the Buyer who is not a Consumer, both the Seller and the Buyer who is not a Consumer agree, pursuant to the provisions of Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, that the court of first instance in Mladá Boleslav shall have local jurisdiction over any disputes arising from a purchase or any other similar contract.
15. Changes to the General Commercial Terms and Conditions
In case of a change to the General Commercial Terms and Conditions, the Seller shall specify the date of the change on the new GCTC and shall make available to the Buyer a link to the preceding valid GCTC in case that the Buyer places an order at a time when the old GCTC are replaced by the new GCTC.
These General Commercial Terms and Conditions come into force and effect on 1.1.2021.
The Buyer is bound by the wording of GCTC valid and effective at the time of the contract conclusion.