Terms and Conditions
TERMS AND CONDITIONS
of the company
ICEDREAM s.r.o.
with registered office at Za Řekou 91, Náchod, ZIP 547 01
Identification number: 02895374
Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section 33507, Insert C
for the sale of goods via the online store located at the Internet address www.icedream.cz
1. INTRODUCTORY PROVISIONS
These Terms and Conditions (hereinafter “Terms and Conditions”) of the company ICEDREAM s.r.o., with registered office in Náchod – Bražec, Za Řekou 91, ZIP 547 01, Identification number: 02895374, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section 33507, Insert C (hereinafter “Seller”), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter “Purchase Contract”) concluded between the Seller and another natural person (hereinafter “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at www.icedream.cz (hereinafter “Website”), through the Website interface (hereinafter “Store Interface”).
1.1 These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or is acting in the course of business or in the exercise of an independent profession when ordering the goods.
1.2 Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Contract. Such deviating agreements in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and these Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.4 The Seller may change or supplement the text of these Terms and Conditions. This provision does not affect rights and obligations that have arisen during the validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 Based on the Buyer’s registration on the Website, the Buyer may access his/her user interface. Through his/her user interface, the Buyer may place orders for goods (hereinafter “User Account”). In cases where the Store Interface permits, the Buyer may also place orders directly from the Store Interface without registering.
2.2 When registering on the Website and placing orders, the Buyer is obliged to provide correct and truthful information. The Buyer must update the information in his/her User Account in the event of any changes. The data provided by the Buyer in the User Account and when placing orders are considered correct by the Seller.
2.3 Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary for accessing his/her User Account.
2.4 The Buyer is not entitled to allow third parties to use his/her User Account.
2.5 The Seller may cancel the User Account, especially in the case where the Buyer does not use the User Account for longer than 12 months or if the Buyer breaches his/her obligations under the Purchase Contract (including these Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, particularly due to the necessary maintenance of the Seller’s hardware and software or, where applicable, the hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentations of goods placed in the Store Interface are for informational purposes only, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2 The Store Interface contains information about the goods, including the listing of the prices of individual goods and the costs for returning goods if such goods, by their nature, cannot be returned via the usual postal service. The prices of the goods are stated inclusive of VAT and all related fees. The prices remain valid for as long as they are displayed in the Store Interface. This provision does not limit the Seller’s possibility to conclude a Purchase Contract under individually agreed conditions.
3.3 The Store Interface also contains information about the costs associated with packaging and delivering the goods. The information regarding the packaging and delivery costs provided in the Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the Buyer fills in the order form in the Store Interface. The order form contains, in particular, information about:
3.4.1 the goods being ordered (the Buyer “places” the ordered goods in the electronic shopping cart of the Store Interface),
3.4.2 the method of payment for the purchase price of the goods, the details regarding the requested method of delivery of the ordered goods, and
3.4.3 information about the costs associated with the delivery of the goods
(together hereinafter “Order”).
3.5 Prior to sending the Order to the Seller, the Buyer is given the opportunity to check and change the data that he/she has entered into the Order, including the possibility to detect and correct errors made when entering the data. The Buyer sends the Order to the Seller by clicking the “Send Order” button. The data provided in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller confirms receipt to the Buyer by e-mail, to the e-mail address provided by the Buyer either in the User Account or in the Order (hereinafter “Buyer’s e-mail address”).
3.6 The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated transportation costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established upon the delivery of an acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address.
3.8 The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer for using remote communication means in connection with the conclusion of the Purchase Contract (e.g., internet connection costs, telephone call charges) shall be borne by the Buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller by the following methods:
- In cash at the Seller’s premises at ICEDREAM s.r.o., Za Řekou 91, Náchod, ZIP 547 01;
- In cash on delivery at the location specified by the Buyer in the Order;
- By bank transfer to the Seller’s account No. 2000581481/2010, held at Fio banka, Náchod (hereinafter “Seller’s Account”);
- By card payment;
4.2 Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the term “purchase price” shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require the Buyer to pay any advance or any similar payment. This does not affect the provision of Article 6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4 In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of a bank transfer, the purchase price is due within 14 days from the conclusion of the Purchase Contract.
4.5 In the case of a bank transfer, the Buyer is obliged to pay the purchase price along with the corresponding variable symbol for the payment. The Buyer’s obligation to pay the purchase price in the case of a bank transfer is deemed fulfilled at the moment the corresponding amount is credited to the Seller’s account.
4.6 The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (see Article 6), to request payment of the full purchase price even before dispatching the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7 Any discounts from the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.8 Where customary in trade or as provided by generally binding legal regulations, the Seller will issue a tax document – an invoice – for payments made by the Buyer under the Purchase Contract. The Seller is a VAT payer. The Seller will issue the tax document – invoice to the Buyer after payment of the purchase price and send it in electronic form to the Buyer’s e-mail address.
4.9 According to the Act on the Evidence of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to record the receipt online with the tax authority; in the event of a technical outage, then no later than 48 hours thereafter.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that pursuant to Section 1837 of the Civil Code it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods that have been tailored to the Buyer’s requirements or for his/her personal use; from a Purchase Contract for the supply of goods that are perishable; from a Purchase Contract for the supply of goods that, after delivery, have been irreversibly mixed with other goods; from a Purchase Contract for the supply of goods in sealed packaging, which the consumer has unsealed and which, for hygiene reasons, cannot be returned; and from a Purchase Contract for the supply of an audio or video recording or computer program if its original packaging has been broken.
5.2 Except for the cases referred to in Article 1 of these Terms and Conditions or any other cases where withdrawal from the Purchase Contract is not possible, the Buyer, in accordance with Section 1829(1) of the Civil Code, has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods. In the event that the subject of the Purchase Contract consists of several types of goods or several shipments, this period shall run from the day of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the preceding sentence. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among other methods, to the Seller’s premises or to the Seller’s e-mail address: icedream@icedream.cz.
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 2 of these Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the Seller’s receipt of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned via the usual postal service due to their nature.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 2 of these Terms and Conditions, the Seller will return the monetary funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal, using the same method by which the Seller received the payment. The Seller is also entitled to return any performance already provided by the Buyer when returning the goods or in another manner, if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
5.5 The Seller is entitled to set off any claim for damages incurred on the goods against the Buyer’s claim for the return of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is likewise entitled to withdraw from the Purchase Contract at any time up to the moment the goods are received by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer.
5.7 If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded subject to the condition that, in the event of the Buyer’s withdrawal from the Purchase Contract, the donation agreement concerning such a gift loses its effect, and the Buyer is obliged to return the provided gift along with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 In the event that the method of transportation is agreed upon based on a special request by the Buyer, the Buyer assumes the risk and any additional costs associated with this method of transportation.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.3 In the event that, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method other than that specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the alternative delivery method.
6.4 Upon receiving the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and to immediately notify the carrier of any damages. In the event that a damaged package indicating unauthorized interference with the shipment is discovered, the Buyer may refuse to accept the shipment from the carrier. This does not affect the Buyer’s rights regarding liability for defects in the goods or any other rights of the Buyer arising from generally binding legal regulations.
6.5 Further rights and obligations of the parties regarding the transportation of goods may be regulated by special delivery conditions issued by the Seller, if available.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on the Protection of Consumers, as amended).
7.2 The Seller warrants to the Buyer that the goods are free of defects upon receipt. In particular, the Seller warrants that at the time of receipt by the Buyer:
7.2.1 the goods have the properties agreed upon by the parties, or if no such agreement exists, the properties described by the Seller or manufacturer, or those that the Buyer reasonably expected based on the nature of the goods and the Seller’s advertising;
7.2.2 the goods are suitable for the purpose stated by the Seller or for the purpose for which such goods are ordinarily used;
7.2.3 the goods conform in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined by an agreed sample or model;
7.2.4 the quantity, measure, or weight of the goods is as specified; and
7.2.5 the goods comply with the requirements of legal regulations.
7.3 If a defect appears within six months from the date of receipt, it is presumed that the goods were defective at the time of receipt.
7.4 The Seller’s obligations arising from defective performance shall be at least to the same extent as the obligations of the manufacturer arising from defective performance. Otherwise, the Buyer is entitled to exercise the right arising from a defect which appears in consumer goods within twenty-four (24) months from receipt. If on the sold goods, their packaging, in the instruction manual attached to the goods, or in advertising another period during which the goods may be used is stated in accordance with other legal regulations, the provisions on the warranty for quality shall apply. By the warranty for quality, the Seller undertakes that the goods will remain suitable for their ordinary purpose for a certain period or retain their usual properties. If the Buyer rightly points out a defect to the Seller, neither the period for exercising rights arising from defective performance nor the warranty period shall run during the time the Buyer is unable to use the defective goods.
7.5 The provisions set out in Article 4 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by ordinary use of the goods, to second-hand goods where the defect corresponds to the degree of use or wear the goods had at the time of receipt, or where it is implied by the nature of the goods. The Buyer is not entitled to claim defective performance if, prior to receipt, he/she was aware that the goods had a defect or if the defect was caused by the Buyer.
7.6 Claims arising from the liability for defects in the goods shall be asserted against the Seller. However, if in the confirmation issued by the Seller regarding the scope of liability for defects (within the meaning of Section 2166 of the Civil Code) another person is designated for carrying out repairs who is located nearer to the Buyer than the Seller, the Buyer may exercise the right to repair with the person designated for repairs. Except in cases where a different person has been designated for repair pursuant to the preceding sentence, the Seller is obliged to accept the complaint at any of his business premises where complaints may be accepted, considering the range of products sold or services provided, or at the Seller’s registered office or place of business. The Seller shall provide the Buyer with a written confirmation stating when the Buyer exercised his/her right, what the complaint contains, and what method of complaint resolution the Buyer requests; and further a confirmation of the date and method of resolution of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to any other person designated by the Seller to carry out the repair.
7.7 The Buyer may specifically assert the rights arising from liability for defects in the goods personally at the address:
ICEDREAM s.r.o., Za Řekou 91, Náchod, ZIP 547 01,
by telephone at +420 722 901 291, or by e‑mail at icedream@icedream.cz.
7.8 The Buyer shall inform the Seller of the remedy he/she has chosen when notifying of a defect, or without undue delay after the notification of the defect. The Buyer may not change the chosen remedy without the Seller’s consent; this does not apply if the Buyer requested a repair of a defect that subsequently proves irreparable.
7.9 If the goods do not possess the characteristics specified in Article 2 of these Terms and Conditions, the Buyer may also request the delivery of new, non-defective goods, unless this is disproportionate given the nature of the defect; however, if the defect concerns only a component of the goods, the Buyer may only request the replacement of that component; if that is not possible, the Buyer may withdraw from the contract. If, however, due to the nature of the defect it would be disproportionate – especially if the defect can be removed without undue delay – the Buyer is entitled to have the defect removed free of charge. The right to the delivery of new goods or the replacement of a component shall also be available to the Buyer in the case of a removable defect if the goods cannot be properly used by the Buyer due to a repeated occurrence of the defect after repair or because of multiple defects. In such a case, the Buyer is also entitled to withdraw from the contract. If the Buyer neither withdraws from the contract nor asserts the right to the delivery of new goods free from defects, the replacement of the component, or the repair of the goods, he/she may claim an appropriate discount. The Buyer is entitled to an appropriate discount even in the event that the Seller cannot deliver new, non-defective goods, replace its component, or repair the goods, or if the Seller fails to remedy the defect within a reasonable time, or if remedying the defect would cause the Buyer significant difficulties.
7.10 Whoever is entitled to claim under Section 1923 of the Civil Code is also entitled to reimbursement of costs effectively incurred in asserting that right. However, if the right to reimbursement is not asserted within one month after the expiry of the period in which the defect should have been pointed out, the court will not grant the right if the Seller argues that the right to reimbursement was not asserted in a timely manner.
7.11 Further rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The Buyer acquires ownership of the goods upon payment of the full purchase price.
8.2 The Seller is not bound to the Buyer by any code of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The Seller handles the processing of consumer complaints via the e‑mail address icedream@icedream.cz. The Seller will send information regarding the resolution of the Buyer’s complaint to the Buyer’s e‑mail address.
8.4 For out-of-court resolution of consumer disputes arising from the Purchase Contract, the competent authority is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the Purchase Contract.
8.5 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the “ODR Regulation”).
8.6 The Seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out by the competent trade office within its jurisdiction. Oversight in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection, among other things, oversees compliance with Act No. 634/1992 Coll., on the Protection of Consumers, as amended.
8.7 The Buyer hereby assumes the risk of any change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1 The Seller discharges its duty to inform the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation, hereinafter “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of fulfilling the Purchase Contract, for negotiating the Purchase Contract, and for fulfilling the Seller’s public law obligations by means of a separate document.
10. SENDING OF COMMERCIAL COMMUNICATIONS AND THE STORAGE OF COOKIES
10.1 In accordance with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Some Acts (the “Information Society Services Act”), as amended, the Buyer agrees to receive commercial communications from the Seller at the Buyer’s e‑mail address or telephone number. The Seller discharges its duty to inform the Buyer under Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
10.2 The Buyer agrees to the storage of so‑called cookies on his/her computer. In the event that a purchase on the Website can be completed and the Seller can fulfill its obligations under the Purchase Contract without cookies being stored on the Buyer’s computer, the Buyer may withdraw his/her consent at any time in accordance with the preceding sentence.
11. SERVICE OF DOCUMENTS
11.1 Documents may be delivered to the Buyer’s e‑mail address.
12. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law in accordance with the preceding sentence does not deprive the Buyer, who is a consumer, of the protection provided by mandatory provisions of law from which contractual deviation is not permitted, and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of these Terms and Conditions is or becomes invalid or unenforceable, such invalid or unenforceable provision shall be replaced by a provision that most closely reflects the intent of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions.
12.3 The Purchase Contract including these Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12.4 An annex to these Terms and Conditions is the sample form for withdrawal from the Purchase Contract.
12.5 Seller’s contact details:
Delivery address: ICEDREAM s.r.o., Za Řekou 91, Náchod, ZIP 547 01;
E‑mail address: icedream@icedream.cz;
Telephone: +420 722 901 291.
In Náchod, on 1 April 2020
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