Ingridsgear s.r.o.
Valid as of May 2013
Seller (operator of the e-shop):Ingridsgear s.r.o.
CIN: 292 90 333
Údolní 410/60, Brno, Postal Code 60200

1. Seller’s performanceThe seller sells to the buyer fashion accessories – textile hair covers and other textile goods (hereinafter as goods). These business terms and conditions apply to the purchase of goods via the www.ingridsgear.com e-shop which is operated by the Ingridsgear s.r.o. company.

2. Sale of goodsAll orders are binding. The seller shall handle the binding orders received from customers and ensure the delivery of the requested goods to the address provided in the customer’s order. The seller reserves the right to reject an order, if the respective customer has previously failed to receive the goods on multiple occasions, if the customer keeps returning the goods without giving the reason for doing so or if the customer otherwise fails to meet other conditions necessary for the completion of business transactions. However, the seller is not responsible for the availability of all products on display.

3. Written formIf, in the course of conclusion of a contract, the seller is represented by an authorised representative who is not the company’s statutory representative, this representative is not entitled to enter into collateral oral agreements, nor can he/she cancel these written provisions. Special agreements entered into with the aforementioned representative shall only be considered binding if they are explicitly referred to in the contract. All provisions in conflict with this provision shall be void. Unless otherwise confirmed, the buyer shall always be thought to be represented, and have contracts signed, by its authorised representative.

4. Withdrawal from contract by buyer-consumerPursuant to the provisions of Section 53 Para 7 of the Civil Code, the buyer-consumer is entitled to withdraw from a purchase contract within 14 days from the acceptance of goods. In such case the consumer shall contact the seller in writing and state the decision to withdraw from the contract and provide the number of the order, date of purchase and bank account to which the money is to be refunded. Should the buyer decide to withdraw from the contract, the following conditions need to be fulfilled: a) the returned goods are undamaged, fully functional and complete, including the original packaging, unused and perfect, b) the returned goods have not been remodelled or adjusted in any way, compared with the state in which they were accepted by the buyer from the seller.
Save for cases in which contract withdrawal is explicitly agreed, the buyer-consumer cannot withdraw (pursuant to the provisions of Section 53 Para 8 of the Civil Code) from the following contracts:

• a) contracts on the provision of services, if the performance was commenced prior to the expiry of a 14-day period from the acceptance of the performance,
• b) contracts on the delivery of goods and services whose price depends on financial market fluctuations which cannot be affected by the contractor,
• c) contracts on the delivery of goods manufactured or adjusted on the buyer–consumer’s request or for directly for them, as well as perishables and goods subject to tear and wear and obsolescence.

Should the buyer-consumer decide to withdraw from the contract during the respective period, we recommend (in order to make the process as fast as possible) that the goods be delivered to the address of the seller, along with a cover letter and, if applicable, explanation of the withdrawal (the latter is not mandatory), plus the number of the purchase note and bank account number. Alternatively, the buyer-consumer may choose to receive the refund in cash or as store credit.
Once the aforementioned conditions have all been fulfilled, the buyer-consumer shall be entitled to the refund of the amount paid for the goods being returned. The amount shall be refunded to the buyer-consumer within 30 days from the date of contract withdrawal.

5. Complaints by buyer – businesspersonComplaints can be lodged with regard to defects for which the seller is responsible. Colours deviations not exceeding 10 % (+/-) shall be deemed acceptable, unless the buyer has sent to the seller in writing their written complaint within seven days from the delivery of a sample, press-proof or proof sheet sent by the seller. Complaints with respect to product defects must be asserted in writing. No claims related to the liability for defects may be asserted prior to the delivery of the written complaint to the seller. Should the buyer’s complaint be found to be legitimate, the buyer is obliged to allow the seller to:
repair the defective products or produce replacement products in lieu of the defective goods, and replace the same, at the seller’s cost, provided it is possible (considering the nature of the goods), practicable and cost-efficient. The seller is obliged to remedy the defects during an adequate grace period. The quantity of the goods is agreed pursuant to the provisions of Section 421 Para 1 of the Commercial Code and the seller is entitled to define an exact quantity to be produced and delivered, due to production-related circumstances. The difference between the quantity requested pursuant to the contract and the quantity actually produced and delivered may not exceed 10 % (+/-) of the quantity requested in the contract. Deviations from the agreed-upon quantity which do not exceed the aforementioned value shall constitute proper performance of the contract. The buyer is obliged to accept and pay for the goods actually manufactured, if the goods are found to comply with the conditions of the contract. The total price of the works shall be determined upon the basis of the quantity of the goods actually delivered.

6. Complaints by buyer – consumerThe seller is liable towards the buyer for defects which constitute violations of the purchase contracts and which are discovered after the takeover of the goods during the warranty period (warranty).
Said warranty does not apply to general tear and wear and defects caused by improper maintenance, forces of nature, unprofessional handling, unsuitable storage conditions, wilful damage, as well as defects brought to the buyer’s attention in the written purchase contract.
If a discount has been given, the seller shall not be liable for the defect which was acknowledged as the reason for the discount.
The seller reserves the right to make slight technical changes to the goods sold.
The warranty period on consumer products is 24 months. The period shall commence on the date of takeover of the goods by the buyer.
All complaints must be asserted in writing and sent via a registered letter to the official registered seat of the seller.
The buyer has the following rights within the framework of the seller’s liability for the goods sold:

• a) in the event of repairable defects: the buyer has the right to request that the repairable defect be repaired free of charge, in due time and properly. The seller shall be obliged to comply without an undue delay. If not excessive due to the nature of the defect, the buyer may request replacement of the goods (or any part thereof, if the goods are partially defective). When the aforementioned replacement is not practicable, the buyer may request an adequate discount on the price of the goods or withdraw from the contract entirely,
• b) in the event of irreparable defects, when the defect renders impossible the proper use of the goods as if they were perfect, the buyer has the right to request that the goods be replaced or to withdraw from the contract entirely. The buyer shall have the same right in the event of reparable defects which occur repeatedly, in spite of repairs, making the proper use of the goods impossible,
• c) in the event of other irreparable defects, when the buyer does not request replacement, the buyer has the right to an adequate discount on the price for the goods or they may withdraw from the contract entirely,
• d) the rights related to the liability for the defects of products under warranty shall expire upon the expiry of the warranty period.

Should the buyer discover discrepancy with regard to the delivered quantity and the data on the delivery note or invoice or with regard to the damage of the goods during transport or evident damage or defects, the buyer shall be obliged to inform the seller immediately and send their written (by post, fax or e-mail) complaint within three business days from the takeover of the goods. The seller does not acknowledge complaints received later.
Common provisions regarding the complaint procedure
The seller shall not be responsible for defects caused, inter alia, by transportation of the goods arranged by the buyer or by the failure to follow the maintenance, washing or cleaning instructions, as well as by insufficient care, excessive use or use under inappropriate circumstances.

7. Term of deliveryThe term of delivery for goods in stock shall be five days. The provisions of the previous sentence do not apply if, upon the acknowledgement of the order, the goods in question are not available in stock in the Czech Republic. In this case the goods shall be dispatched to the buyer as soon as practicable, in any event within one month from the date of acknowledgement of the buyer’s order.
Term of delivery of goods manufactured on request
Regular term of delivery of goods manufactured specifically for the buyer, pursuant to the provisions of clause 2.1, shall be four weeks. This term of delivery shall at all times commence upon the delivery to the seller of the complete documentation and other models or paperwork. This regular term of delivery can be prolonged or shortened on a case by case basis, but only upon a written agreement of the parties. Goods can be manufactured on request if the buyer provides perfect documentation, proofs or other paperwork which are produced as follows: first, the seller shall provide the patterns to the buyer for proofing (sample), the buyer shall check them within two weeks and return the materials to the seller along with written requests for changes or amendments, if any. The seller shall incorporate the requested adjustments into the patterns and send them again to the buyer within a reasonable period of time. Once the buyer has delivered to the seller their written notice containing the final approval of the patterns and proofs, the term of delivery shall commence.
The term of delivery shall be deemed kept if the goods are handed over to the buyer or the first haulier during this term, or if the seller informs the buyer in writing that the goods are ready to be picked up or sent. Partial deliveries are acceptable. The term of delivery shall be prolonged without a separate written agreement by an adequate period of time in the case circumstances occur which exclude the seller’s liability, i.e. events beyond the seller’s control due to which the seller is unable to perform properly and in due time, if it cannot be assumed that the seller should have expected and avoided the circumstances or the effects thereof (“force majeure”). These events include, without limitation, natural disasters, forces of nature or acts by people, e.g. strikes at a subcontractor’s plant, unrest, military actions, terrorist attacks, regulatory measures or other measures by the government, state institutions or authorities, embargoes, blockades or other regulations of import and export, accidents at sea or events similar to those described above.

8. Transfer of risks of damage to propertyThe risk of damage to the goods shall pass to the buyer upon the takeover of the goods by the buyer or the first haulier, even in the case of partial deliveries or in the case of simultaneous performance of other works, even in the case of transportation whose costs are borne by the seller. The buyer is obliged to accept the delivered goods even when minor defects are evident which do not render impossible the use of the goods. This obligation does not affect the right to lodge complaints with regard to the defects found.

9. Reservation of titleThe seller shall retain all rights in the goods until the full repayment of the purchase price pursuant to the contract. The seller shall have the right to request that the buyer return the delivered goods if the buyer acts in violation of the contract, which includes, but is not limited to, being in default with the payment of the purchase price. The buyer shall be obliged to return the unpaid goods to the seller within 30 days from the date of delivery of the notice to do so. In the event of any dispute regarding the actual date of delivery, the notice shall be deemed to have been delivered within three days from the date of posting. If the buyer is proved to have failed to do so, the buyer shall be obliged to pay to the seller a special, agreedupon contractual penalty corresponding to two times the price for the goods delivered, unless otherwise agreed between the contracting parties in writing. The seller shall reduce, or waive altogether, this contractual penalty if the buyer arranges a transaction between the seller and another buyer, especially an end-customer of the original buyer (especially advertising campaign clients etc.). The assertion of the reservation of title, takeover of unpaid goods by the seller and the assertion of the retention right do not constitute contract withdrawal. The buyer may not pledge the goods nor can they surrender them for mortgage purposes or otherwise. Should the delivered, but unpaid goods be pledged, seized or otherwise limited, the buyer must immediately inform the seller in writing.

10. MaturityUnless otherwise agreed, the seller shall issue an invoice (tax document) to the buyer within fifteen days from the date of handover of the goods to the buyer or first haulier. The price for the goods shall be due within thirty days from the date of issue of the seller’s invoice (tax document), unless otherwise agreed. Should the buyer be in default with the payment of the purchase price for the goods, or any part thereof (in which case the decisive date is the day on which the seller’s account is credited with the amount), the buyer shall be obliged to pay to the seller a contractual penalty corresponding to 0.5 % of the price of the goods for each day of the default. The seller is entitled to request an advance payment up to the full amount of the purchase price anytime.

11. Place of performanceUnless otherwise agreed, the place of performance shall be Brno.

12. Limitation of liabilityThe goods are fashion accessories. They shall not be used as, or in lieu of, mandatory PPE. All photos are illustrative and have no recommendatory purposes. The seller’s liability for damages to property and health caused by the use of the goods is excluded.

13. Governing law and jurisdictionIt is agreed that the relationship between the seller and the buyer shall be governed by the Czech legislation. The contracting parties have agreed that the relationship between the seller and buyer (regardless of whether they are businesspersons and regardless of the purpose for which the goods are sold/bought) shall be governed by the provisions of Section 409 et seq. of the Commercial Code. Any and all disputes arising from this relationship, or in relation to it, shall be resolved before the court of the applicable jurisdiction, i.e. the Municipal Court in Brno, if the financial satisfaction requested by the plaintiff does not exceed CZK 100,000 (accessions are not taken into consideration), or the District Court in Brno, if the financial satisfaction requested by the plaintiff exceeds CZK 100,000 (accessions are not taken into consideration), or other court of applicable jurisdiction pursuant to the relevant Czech legal regulations.
Matters and relations not addressed in these terms and conditions shall be governed as follows:

• a) relations between the seller and buyer-businessperson shall be governed by act number 513/1991 Coll., the Commercial Code, as amended and by the contract between the seller and buyer-businessperson. In the event of any conflict between the provisions of the terms and conditions and an individual contract, the provisions of the contract shall prevail.
• b) relations between the seller and buyer-consumer shall be governed by act number 40/1964 Coll., the Civil Code, as amended and act number 634/1992 Coll., on consumer protection, as amended.

14. Severability clauseShould any of these provisions be partly or entirely invalid, the contracting parties undertake to replace it with a new, valid provision which will be as similar as possible as the original provision in terms of its economic and legal purpose. The remaining provisions shall remain unaffected.
These general business terms and conditions constitute an integral part of the respective purchase contract.