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Terms and Conditions and Privacy policy

Terms and Conditions and Privacy policy

GENERAL TERMS AND CONDITIONS

Company:

Monkey Mum s.r.o.
IČ: 07597851, DIČ: CZ07597851

Registered office: V Nových domcích 401/2, Prague 10, 102 00
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 303804
Email: info@monkeymum.com
Telephone number: +420 725 441 733
for the sale of goods through an online store located at: www.monkeymum.com
Operating address:
V Nových domcích 401/2, Prague 10, 102 00


INTRODUCTORY PROVISIONS

1.1. These business conditions (hereinafter referred to as "business conditions") of the company Monkey Mum s.r.o., V Nových domcích 401/2, Prague 10, with its registered office in V Nových domcích 401/2, Prague 10, 102 00, identification number: 07597851, registered in the of the Register kept by the Municipal Court in Prague, Section C, Insert 303804 (hereinafter referred to as the “Seller”) shall be regulated in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. “) Mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the“ purchase agreement ”) concluded between the seller and another natural person (hereinafter referred to as the“ buyer ”) through the seller's online store. The online store is operated by the seller on a website located at the internet address www.monkeymum.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including business conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid 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 web interface of the store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises from the delivery of the 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 means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:


in cash on delivery at the place specified by the buyer in the order;
cashless transfer to the seller's account No. 2301896647/2010, kept with Fio banka (hereinafter referred to as the "seller's account");
cashless via the GoPay payment system,
cashless payment card;

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

4.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program packaging.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. ) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract together with the goods

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds for the ordered goods received from the buyer within thirty (30) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller does not reimburse the buyer for transport or any other additional costs (eg cash on delivery fee or payments, etc.). The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given gift.

TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. 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 over the goods upon delivery.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.

RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially 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 consumer protection, as amended).

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5. The rights arising from defective performance are exercised by the buyer at the seller's address where the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.3. Consumer complaints are handled by the seller via the e-mail order@monkeymum.com. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a 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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

8.6. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals 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 referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating this Agreement and for the purposes of fulfilling the Seller's public law obligations.

SENDING BUSINESS MESSAGES AND STORING COOKIES

10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

10.3 We determine your satisfaction with the purchase through e-mail questionnaires within the Customer Verified program in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified Customer program on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail questionnaire. In case of your objection, we will not send you the questionnaire further.

DELIVERY

11.1. It can be delivered to the buyer to the buyer's email address.

11.2. A notification whose receipt was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

12.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.

12.5. Seller's contact details: delivery address V Nových domcích 401/2, Prague 10, 102 00, e-mail address info@monkeymum.com, telephone +420725530534.

In Prague, on 1.1.2021

PROTECTION OF PERSONAL DATA E-SHOP WWW.MONKEYMUM.COM

Company:

Monkey Mum s.r.o.
IČ: 07597851, DIČ: CZ07597851

Registered office: V Nových domcích 401/2, Prague 10, 102 00
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 303804
Email: info@monkeymum.com
Telephone number: +420 725 530 534
for the sale of goods through an online store located at: www.monkeymum.com
Operating address:
V Nových domcích 401/2, Prague 10, 102 00

(hereinafter referred to as the "seller" or "administrator") processes within the meaning of a regulation of the European Parliament
and of the Council (2016) No 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC / General Regulation
on the protection of personal data / (hereinafter referred to as the “Regulation”), the following personal data:

  • name surname
  • e-mail adress
  • telephone number
  • address

The above personal data must be processed for the processing of orders and further performance of the contract, if a purchase contract is concluded between you and the seller. Such processing of personal data is permitted by Article 6 (1) (a). b) Regulation - processing is necessary to fulfill the contract. The seller also processes this data for the purpose of registering the contract and possible future application and defending the rights and obligations of the parties. Retention and processing of personal data is for the above purpose for a period of 10 years from the implementation of the last part of the performance under the contract, unless another legal regulation requires the retention of contractual documentation for a longer period. Such processing is possible on the basis of Article 6 (1) (a). c) and f) Regulation - processing is necessary to fulfill the legal obligation and for the purposes of the legitimate interests of the controller.

News and other business communications may be sent to the buyer at the e-mail address or telephone number; this procedure is permitted by Section 7, Paragraph 3 of Act No. 480/2004 Coll., On Information Society Services, unless the buyer rejects it. These communications can be unsubscribed at any time, for example by sending an e-mail or clicking on a link in a commercial communication.
The processing of personal data is performed by Lucia Janauer, the personal data controller.
Personal data for this administrator is also processed by a third party, processors:
Carriers, web broker, etc.
Personal data will not be transferred to third countries outside the EU.

The administrator does not have a person called a commissioner. The administrator can be contacted at info@monkeymum.com.

Personal data administrator, as the operator of the website www.monkeymum.com (hereinafter the website www.monkeymum.cz, www.monkeymum.eu
and www.opicimama.cz), uses cookies on these websites, which are used here for the purpose of:

  • measuring website traffic and generating statistics regarding website traffic and behavior;
  • basic functionality of the website.

The collection of cookies for the purposes mentioned above may be considered the processing of personal data. Such processing is possible on the basis of a legal reason - the legitimate interest of the controller, and is allowed by Article 6 (1) (a). f) Regulation.

The website can also be used in a mode that does not allow the collection of data on the behavior of website visitors - this mode can either be set within the browser settings, or it is possible to raise an objection to such collection based on the administrator's legitimate interest under Article 21 of the Regulation. at the bottom of the website. Your objection will be evaluated immediately. Cookies necessary for the functionality of the website will be kept only for the time necessary for the functioning of the website.

If the visitor objects to the processing of technical cookies necessary for the operation of the website, the full functionality and compatibility of the website cannot be guaranteed in such a case.

Cookies, which are collected in order to measure website traffic and generate statistics regarding website traffic and behavior on the website, are assessed in the form of a group and in an anonymous form, which does not allow the identification of an individual. The collected cookies are processed by other processors:

Provided by Google Analytics, operated by Google Inc., at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

Please note that under the Regulation you have the right to:

  • cancel the sending of commercial messages at any time,
  • raise an objection to processing based on the legitimate interest of the controller,
  • request information from us about your personal data,
  • request access to this data from us and have it updated or corrected, or request processing restrictions,
  • request the deletion of this personal data from us, we will delete it, if it does not conflict with applicable law or the legitimate interests
  • of the administrator,
  • on the portability of data in the case of automated processing on the basis of consent or for the performance of a contract,
  • request a copy of the personal data processed,
  • effective judicial protection if you believe that your rights under the Regulation have been infringed as a result of the processing of
  • your personal data in breach of this Regulation,
  • file a complaint with the Office for Personal Data Protection.

In Prague, on 1.1.2021