Terms and Conditions
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Business Terms and Conditions. 2.1 INTRODUCTORY PROVISIONS
2.1 These business terms and conditions are valid for shopping at the www.stars-magazines.com online store. The terms and conditions are in accordance with §1751 paragraph 1 of the Civil Code 89/2012 and they define the mutual rights and obligations of the contracting parties arising from or based upon a purchase agreement concluded between the Seller and a natural person via the internet shop www.stars-magazines.com of the Seller. The internet shop www.stars-magazines.com is run by BDEC s.r.o., located at Lounovice 50, CZ-25162 Lounovice, tax ID: CZ28906187.
2.2 These terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller, is a legal person or another person ordering the goods within his business activity or profession.
2.3 The business relationship between the Seller and the Buyer who is not the end consumer are adjusted upon individually agreed conditions. It means that the Seller is entitled unilaterally to refuse to enter into the contract with the Buyer. The Seller informs the Buyer about this fact in writing by sending a message to his e-mail address specified in the order.
2.2. CONCLUDING THE PURCHASE AGREEMENT
2.2.1 All the presentation published on the web interface of the www.stars-magazines.com shop is of an informative nature and the Seller is not obliged to conclude a purchase agreement regarding these goods.
2.2.2 The order placed by the Buyer via the internet shop www.stars-magazines.com, via email or via a telephone call is a binding offer of the Buyer to conclude a purchase agreement with the Seller. The Seller, upon receipt of the order, immediately confirms the Buyer´s acceptance of this order by sending an e-mail to the Buyer's e-mail address specified in the order. However, by this confirmation the Seller does not accept to conclude a purchase agreement with the Buyer.
2.2.3 The Buyer has the right to cancel the order, i.e. to withdraw from the offer to conclude a purchase agreement without any penalty until the moment the goods are dispatched. The Buyer is obliged to inform the Seller about the cancellation of the order via e-mail or telephone.
2.2.4 The contractual relationship originates by the Seller´s acceptance of the Buyer´s offer to conclude a purchase agreement. The acceptance means that the Sellers dispatches goods to the Buyer or that the Seller explicitly confirms acceptance of the offer via e-mail.
2.2.5 The prices for the goods and services (e.g. postage) specified on the web interface are in CZK including the relevant VAT in compliance with the legislation in force.
2.2.6 The Buyer agrees to the use of distance communication when concluding the purchase agreement. The costs incurred to the Buyer when using the means of distance communication in connection with concluding of the purchase agreement (the cost of internet access, telephone costs) are paid by the Buyer.
2.2.7 The purchase agreement is concluded in the English language. The Seller must store it in order to perform the obligation. The purchase agreement is not accessible to third parties.
2.3. PAYMENT TERMS
2.3.1 The price of the goods and any costs associated with delivery of the goods under the purchase agreement can be paid by the Buyer to the Seller in the following ways:
2.3.2 Along with the goods the Seller sends an invoice - a tax document - to the Buyer.
2.4. TRANSPORT AND DELIVERY OF THE GOODS
2.4.1 The Buyer bears the costs associated with postage and packing of the goods, unless otherwise stated.
2.4.2 If the Seller must under the conditions of the purchase agreement deliver the goods at the place designated in the order by the Buyer, the Buyer is obliged to accept the goods on delivery. When receiving 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 case the package is damaged, which would indicate an unauthorized intrusion into the package, the Buyer may refuse to accept the package from the carrier.
2.5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
2.5.1 The Buyer is entitled in accordance with §1829 paragraph 1 of the Civil Code to withdraw from the purchase agreement without giving any reasons within fourteen (14) days from receipt of the goods. Withdrawal from the agreement must be delivered to the Seller within this period via e-mail to the Seller´s e-mail address or in writing to the business address of the Seller.
2.5.2 In case of a withdrawal, the purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days after the Buyer´s withdrawal from the agreement. If the Buyer withdraws from the agreement, he bears the costs associated with the return of the goods (e.g. transport).
2.5.3 In case of a withdrawal from the agreement the Seller returns the purchase price to the Buyer within fourteen (14) days after receipt of the withdrawal from the Buyer. The Seller returns the money to the Buyer by the same payment method that the Buyer used, unless the Buyer and the Seller agree on another method that does not create additional costs to the Buyer. The Seller is not obliged to refund the purchase price to the Buyer before receipt of the returned goods or before the Buyer proves sending the goods to the Seller.
2.5.4 The Buyer is entitled in accordance with §1832 of the Civil Code to reclaim the funds associated with delivery of the goods (postage) when purchasing the goods (but not when returning them). However, this claim refers only to the amount of the cheapest delivery method offered by the Seller (even when the Buyer selected a more expensive method of delivery). Personal pickup is not considered as such a method of delivery.
2.5.5 The Buyer acknowledges that in accordance with § 1837 of the Civil Code, among other things, he cannot withdraw from the agreement.
2.5.6 The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to the incurred damage reimbursement from the Buyer. The Seller may unilaterally set off a claim against the Buyer´s right to a refund of the purchase price.
2.5.7 If the Buyer is along with the goods given a gift, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that in case of a withdrawal from the purchase agreement, the deed of the gift is voided and the Buyer is required to return the provided gift to the Seller along with the goods.
2.5.8 Pending receipt of the goods by the Buyer, the Seller may at any time withdraw from the agreement. In this case, the Seller informs the Buyer about this fact via e-mail specified in the order and the Sellers returns the purchase price to the Buyer without any delay.
2.6. RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE
2.6.1 The Seller is responsible to the Buyer that the goods on delivery have no defects and that at the time of receipt:
2.6.2 The provisions described in 6.1 of these terms and conditions do not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear caused by usual use of the goods, to used goods with a defect corresponding to the wear and tear of the goods at the moment of takeover by the Buyer, or if a defect occurs due to the nature of the goods.
2.6.3 The Buyer is entitled to exercise the rights arising from defective performance in case the goods are defective at the moment of takeover by the Buyer. If a defect arises within six (6) months from the date of receipt of the item, the goods are deemed defective at the time of takeover.
2.6.4 If the defective performance presents a breach of the agreement, the Buyer has the right:
to demand delivery of a new item without defect or delivery of the missing parts
2.6.5 The Buyer informs the Seller about the right he selects at the time when he announces the defect, or without undue delay, after the announcement of the defect. The Buyer cannot change his choice without the Seller’s consent.
2.6.6 The moment of filing a claim is considered to be the moment when the Seller receives the returned goods from the Buyer.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
9. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following email address: bdecsro@stars-magazines.com
10. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
11. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
12. Consent
By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
These terms and conditions enter into force on June 1, 2015.