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Term of Use

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Term of Use

Payment Policy

DEFINITIONS

„Civil Code“ means the Act No. 89/2012 Coll., the civil code, as amended;

„Data protection legislation“ means the following legislation to the extent that it is applicable at the relevant time: (a) national legislation implementing Directive 95/46/EC on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Directive 2002/58/EC on privacy and electronic communications; (b) the GDPR; and (c) any other national legislation relating to the protection of personal data (in particular the Act No. 110/2019 Coll., on the processing of personal data, as amended);

„GDPR“ means 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 (General Data Protection Regulation);

„Order“ has the meaning set forth in Article 4.4 of the TCs;

„Parties“ means the Buyer and the Seller as contracting parties;

„Buyer“ has the meaning set forth in Article 2.1 of the TCs;

„Purchase contract“ has the meaning set forth in Article 2.1 of the TCs;

„Buyer’s email“ has the meaning set forth in Article 4.5 of the TCs;

„Seller“ means the company QLINE Fashion s.r.o., ID No.: 212 49 202, with its registered seat at Praha 5 – Stodůlky, Na Výrovně 3040/3, ZIP CODE 155 00, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 398919;

„TCs“ means these General Terms and Conditions, regulating the mutual rights and obligations of the Seller and the Buyer under the Purchase Contract and other relations related to the Purchase Contract;

„User account“ has the meaning set forth in Article 3.1 of the TCs;

„Web interface“ has the meaning set forth in Article 2.1 of the TCs;

„Website“ means the website (URL) https://byqline.com and/or other webpages operated and determined by the Operator and their respective mutations, namely mobile phone mutation.

INITIAL PROVISIONS

These TCs of the Seller regulate, in accordance with the provisions of § 1751 of the Civil Code, the mutual rights and obligations of the Parties arising in connection with or on the basis of the Purchase contract concluded between the Seller and another natural person (the “Buyer”) through the Seller’s online store located on the Website (the “Purchase contract”) and other related relationships. The e-shop is operated by the Seller on the Website, through a Web interface (the “Web interface”).

Provisions deviating from these TCs may be agreed upon in the Purchase agreement and/or in the offer provided in the Web interface.

The provisions of the TCs are an integral part of the Purchase agreement. Any deviating provisions of the Purchase agreement and/or provisions in the Web interface shall prevail over the provisions of the TCs. The Purchase agreement and the TCs may be concluded in Czech or English and is archived by the Seller and is not accessible to the Buyer.

The TCs do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who intends to purchase goods and make an order within the scope of their business activities.

The Seller may unilaterally amend or update the wording of the TCs. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the TCs. The Seller shall inform the Buyer about the change of the TCs on the Website or in another appropriate manner so that the Buyer can get acquainted with the current version of the TCs without undue difficulties. The updated version of the TCs shall become effective upon its publication on the Website or on the date specified therein.

SETTING UP AND USING THE USER ACCOUNT

Upon Buyer’s registration on the Website, the Buyer may be set up with a user account and may access the Buyer’s user interface, through which the Buyer may order goods (the “User account”). If the Web interface allows it, the Buyer may also order goods without creating a User account directly from the Web interface.

During the registration and setting up of a User account on the Website and when ordering goods, the Buyer is obliged to correctly and truthfully provide all the information required of him through the Web interface. The Buyer is obliged to update the information provided in the User account upon any change thereof. The information provided by the Buyer in the User account and when ordering goods shall be deemed correct by the Seller. In the event that the Buyer fails to provide complete and/or truthful information when setting up a User account and/or ordering goods on the Web interface, the Buyer shall be liable for any damage caused to the Seller and/or any third party as a result.

The User account will be created at the moment of confirmation of registration by the Seller, or (if required by the Seller) confirmation of registration by the Buyer, which will be sent by the Seller to the email address provided by him.

Access to the User account is secured by the username and password chosen by the Buyer during registration. The Buyer is obliged to maintain the confidentiality of the information necessary to access his User account and to ensure that no third party has access to this information. The Buyer is not entitled to allow any third party to use the User account.

The Seller may cancel and delete the User account without giving any reason, especially if the Buyer does not use his User account for more than 3 months, or if the Buyer violates his obligations under the Purchase agreement (including the TCs) or any legal regulations.

The Buyer acknowledges that the User account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties. The Buyer may not have more than one (1) User account within the Website.

ENTERING INTO THE PURCHASE CONTRACT

All presentation and offer of goods placed on the Web interface is only of informative nature 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.

The Web interface shall contain information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot, by their nature, be returned by normal postal means. The prices of the goods include value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the Web interface. The prices of the goods are/are not adjusted to the Buyer’s person based on automated decision-making. This provision does not limit the Seller’s ability to conclude the Purchase agreement on individually agreed terms.

The Web interface also contains information on the costs associated with the packaging and delivery of the goods, and the method and time of delivery. The information on the costs associated with the packaging and delivery of the goods provided in the Web interface is valid only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free delivery of the goods, the Buyer’s right to free delivery of the goods is subject to payment of the minimum total purchase price of the goods to be delivered in the amount specified in the Web interface. In the event of partial withdrawal from the Purchase contract by the Buyer and the total purchase price of the goods for which there was no withdrawal from the Purchase contract by the Buyer does not reach the minimum amount required for the right to free transport of the goods under the previous sentence, the Buyer’s right to free transport of the goods shall cease and the Buyer shall be obliged to pay the Seller for the transport of the goods.

To order goods, the Buyer fills in the form in the Web interface, in which the Seller fills in the required data. The order form contains in particular information about:

  • the ordered goods (the ordered goods are “added” by the Buyer into the electronic shopping cart of the Web interface), in particular the type of goods, their quantity or size;
  • the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods;
  • information on the costs associated with the delivery of the goods;
  • any other data required by the Seller

(the „Order“).

Before confirming and sending the Order to the Seller, the Buyer shall be allowed to check and change the input data entered by the Buyer with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer confirms and sends the Order to the Seller by clicking on the button “[…]”. The data provided in the Order is considered correct by the Seller. The Seller shall promptly confirm the acceptance of the Order to the Buyer via the email provided by the Buyer in the Order and/or the email provided in the User account (hereinafter referred to as the “Buyer’s email”).

The Seller is always entitled, depending on the nature

of the Order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).

The contractual relationship between the Seller and the Buyer is established by delivery of the Order acceptance, which is sent by the Seller to the Buyer to the Buyer’s email.

The Buyer agrees to the use of remote means of communication when concluding the Purchase agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

The Buyer represents and warrants to the Seller that:

  • they have full legal capacity, in particular with regard to their age, or are represented by a legal representative;
  • if they are under 18 years of age, they will not order through the Web interface such goods and/or services for which a minimum age of 18 years is a prerequisite for use;
  • all information provided to the Seller is true, complete, accurate and correct,
  • they have thoroughly familiarized themselves with these TCs and other documents before using the Web interface, in particular […] that they fully understand and agree to these documents and conditions.

The Buyer acknowledges that the Seller is not obligated to conclude the Purchase contract, in particular with persons who have previously materially breached the Purchase contract (including the TCs) or […].nebo […]

PURCHASE PRICE AND PAYMENT CONDITIONS

The Buyer may pay the price of the goods (purchase price) and any other costs under the Purchase contract to the Seller in the following ways:

  • cashless by credit or debit card through a secure payment gateway Stripe provided by […];
  • cashless by the Apple Pay services through a secure payment gateway […], provided by […];
  • cashless by the Google Pay services through a secure payment gateway […], provided by […];
  • cashless through another payment system;;
  • by wire transfer to the Seller’s account no. […] maintained by the company […], a.s.;
  • in cash or by credit or debit card when collecting the goods in person from the authorized carrier and/or at the dispatch office;

all under the terms and conditions set out in these TCs and/or the terms and conditions of the relevant payment service provider.

The Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the account according to the Purchase contract or according to these TCs.

The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article […] of the TCs regarding the obligation to pay the purchase price in advance.

In the case of payment in cash, on delivery or in the parcel shop, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 2 days of the conclusion of the Purchase agreement.

The Buyer is obliged to mark the cashless wire transfer payment of the purchase price with the variable symbol of payment, which is notified to the Buyer together with the acceptance of the Order to the Email specified by the Buyer. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s bank account.

The Seller is entitled, in particular (but not exclusively) in the event that the Buyer fails to confirm the order (Article […]), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

Any discounts on the purchase price provided by the Seller to the Buyer cannot be combined with each other.

If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer regarding payments made under the Purchase agreement. The Seller is a payer of value added tax. The tax document (invoice) shall be issued by the Supplier to the Customer after payment of the purchase price and sent in electronic form to the Buyer’s electronic address.

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

The Seller is not responsible for lost, stolen or misused goods.

WITHDRAWAL FROM THE PURCHASE CONTRACT

In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, i.e:

  • from the date on which the Buyer or a third party designated by the Buyer other than the carrier takes over the goods;
  • the last piece of ordered goods, if the Buyer orders more than one piece of goods within one Order, which are delivered separately;
  • the last item or part of a delivery of goods consisting of several items or parts; or
  • the first delivery of the goods if the Purchase contract provides for regular delivery of the goods over an agreed period of time.

Withdrawal from the Purchase contract must be delivered to the Seller to the address of the Seller’s registered office or to the Seller’s e-mail address. The Buyer is entitled to use the attached sample form for withdrawal from the Purchase contract.

In the event of withdrawal from the Purchase contract pursuant to Article 6.1 of the TCs, the Purchase Contract shall be cancelled from the beginning. The Buyer shall send or hand over the goods back to the Seller without undue delay, no later than within fourteen (14) days of withdrawal from the Purchase contract, unless the Seller has offered to collect the goods himself. The time limit under the previous sentence is maintained if the Buyer sends the goods before its expiry. If the Buyer withdraws from the Purchase contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

In the event of withdrawal from the Purchase Contract pursuant to Article 6.1 of the TCs, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase contract, the Seller shall not be obliged to return the funds received to the Buyer before the Seller receives the goods or before the Buyer proves to the Seller that he has sent the goods back, whichever is earlier.

The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer’s claim for reimbursement of the purchase price of the goods.

In cases where the Buyer has the right to withdraw from the Purchase contract in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase contract at any time until the Buyer takes over the goods. In this case, the Seller shall refund the purchase price of the goods to the Buyer without undue delay, in cash to the account designated by the Buyer.

If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase contract for delivery cannot be withdrawn from, among other things if:

  • goods manufactured to the Buyer’s requirements or adapted to their personal needs;
  • perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery;
  • goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been broken by the Buyer; and
  • an audio or visual recording or computer program in sealed packaging if the Buyer has broken it.

DELIVERY OF THE GOODS

If the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

If the Seller is obliged under the Purchase contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods.

In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than 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 a different method of delivery.

Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify