TERMS AND CONDITIONS

of the business company Ortho Front s.r.o.
with the registered office at Bystrcká 612/15, 624 00 Brno, Czech Republic,
company number: 03929876
registered in the Commercial Register maintained at the Regional Court in Brno, section C, insert 87445
for the sale of goods through an online shop located at the website 

www.evitabeachwear.com

1. INTRODUCTORY PROVISIONS
   1. In accordance with Section 1751 (1) of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), these Terms and Conditions (hereinafter referred to as the „Terms and Conditions“)  of the business company Ortho Front s.r.o., with the registered office at Bystrcká 612/15, company number: 03929876, registered in the Commercial Register maintained at the Regional Court in Brno, section C, insert 87445 (hereinafter referred to as the „Seller“) regulate the mutual rights and obligations of the Contracting Parties arisen in relation to or based on a Purchase Contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the internet shop of the Seller. The internet shop is operated by the Seller on the website located at the internet address www.evitabeachwear.com (hereinafter referred to as the “Website”) using the website interface (hereinafter referred to as the “Website Interface”).
   2. The Terms and Conditions shall not apply to cases where a person who intends to buy the goods from the Seller is a legal entity or a person ordering the goods acts within its business activity or within its self-employment.
   3. Provisions derogating from the Terms and Conditions may be stipulated in the Purchase Contract. Derogated provisions in the Purchase Contract shall prevail over the provisions in the Terms and Conditions.
   4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are written in the Czech language. The Purchase Contract may be concluded in the Czech language.
   5. The provisions of the Terms and Conditions may be modified or amended by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective term of the previous version of the Terms and Conditions.
      
      
2. USER ACCOUNT
   1. Based on the registration of a Buyer on the website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the Website Interface allows it, the Buyer may also order goods without registration directly from the Website Interface.
   2. When registering on the Website and ordering the goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering the goods are considered as correct by the Seller.
   3. Access to the User Account is secured by a user name and password. The Buyer is obliged to keep confidential regarding the information necessary to access his/her User Account.
   4. The Buyer is not entitled to enable use of the User Account to third persons.
   5. The Seller may cancel the User Account, in particular, if the Buyer has not used his/her User Account for more than 5 (five) years or if the Buyer breaches his/her obligations under the Purchase Contract (including the Terms and Conditions).
   6. The Buyer acknowledges that the User Account may not be available continuously, in particular with respect to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of the hardware and software of a third party.
      
      
3. CONCLUSION OF THE PURCHASE CONTRACT
   1. Any presentation of the goods placed in the Web Interface is 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.
   2. The Web Interface contains information regarding the goods, including the prices of the individual goods and the costs of returning the goods, if these goods cannot by their nature be returned by the normal postal route. The prices of the goods include VAT and all the related fees. The prices of the goods remain valid as long as they are displayed in the Web Interface. This provision does not limit the Seller’s possibility to conclude a Purchase Contract under any individually stipulated conditions.
   3. he Web Interface also contains information regarding the costs related to packaging and delivery. Information on the costs related to packaging and delivery of goods specified in the Web Interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.
   4. To order the goods, the Buyer shall fill in the order form in the Web Interface. The order form shall contain information, in particular, on:
      1. the ordered goods (the ordered goods shall be “inserted” by the Buyer into the electronic shopping cart in the Website Interface),
      2. the manner of payment of the Purchase Price of the goods, information on the required method of delivery of the ordered goods, and
      3. information on the costs related to the delivery of the goods (hereinafter collectively referred to as the “Order“).
   5. Prior to sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, also with regard to the Buyer’s possibility to detect and correct errors arising when entering data into the Order. The Buyer shall send the Order to the Seller by clicking on the “buy” button. The Seller considers the data entered in the Order as correct. The Seller shall confirm the receipt of the Order to the Buyer immediately after receiving the Order by email to the Buyer’s email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
   6. Depending on the nature of the Order (quantity of goods, the amount of Purchase Price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
   7. The contractual relationship between the Seller and the Buyer is formed upon service of the acceptance of the Order which is sent by the Seller to the Buyer by email to the Buyer’s Email Address.
   8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Contract (Internet connection costs, telephone call costs) shall be borne by the Buyer, such costs shall not differ from the standard rate.
      
      
4. PRICE OF THE GOODS AND PAYMENT CONDITIONS
   1. The Buyer may pay the price of the goods and any costs related to the delivery of the goods under the Purchase Contract to the Seller in the following ways:
      
      in cash on delivery at the place specified by the Buyer in the Order;
      by transfer through the Go pay payment system;
      by bank transfer to the Seller’s bank account maintained with Fio banka a.s., bank account numbers for payments in the currency:
      
      CZK: 39298764/2010, IBAN: CZ54 2010 0000 0000 3929 8764
      EUR: 39298772/2010, IBAN: CZ32 2010 0000 0000 3929 8772
      USD: 39298780/2010, IBAN: CZ10 2010 0000 0000 3929 8780
      
      (hereinafter referred to as the „Seller’s account“);
      
      
   2. Along with the Purchase Price, the Buyer is obliged to pay to the Seller also the costs related to packaging and delivery of goods in the stipulated amount. Unless expressly stated otherwise, the Purchase Price also includes the costs related to the delivery of the goods.
   3. The Seller does not require the Buyer to pay a deposit or any other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the Purchase Price in advance.
   4. In case of payment in cash or payment in cash on delivery, the Purchase Price is payable upon receipt of the goods. In case of payment by credit transfer, the Purchase Price is payable within 3 (three)days as of the conclusion of the Purchase Contract.
   5. In case of payment by credit transfer, the Buyer is obliged to pay the Purchase Price of the goods together with the variable symbol of the payment. In case of payment by credit transfer, the Buyer’s obligation to pay the Purchase Price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
   6. The Seller is entitled, in particular, if the Buyer fails to additionally confirm the Order (Article 3.6), to request the payment of the entire Purchase Price prior to sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
   7. Any discounts on the price of the goods provided by the Seller to the Buyer may not be combined together.
   8. If it is common within the business relations or if so prescribed by the generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the Purchase Contract. The Seller IS a VAT payer. The tax document – the invoice shall be issued by the Seller to the Buyer upon the payment of the price of the goods and sent in electronic form to the Buyer’s Email Address.
      
      
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
   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 which were customized or personalized, from a Purchase Contract for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply, from a Purchase Contract for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, and from a Purchase Contract for the supply of audio or video recordings or computer software whose original seal was unsealed after supply.
   2. Unless it is 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, pursuant to Section 1829 (1) of the Civil Code, the Buyer is entitled to withdraw from a Purchase Contract within fourteen (14) days as of receipt of the goods, and if the subject-matter of the Purchase Contract concerns several kinds of goods or the supply of several parts, this time limit runs as of the date on which the last supply of goods is taken over. Withdrawal from the Purchase Contract shall be sent to the Seller within the time limit specified in the previous sentence. For the withdrawal from the Purchase Contract, the Buyer may use a template form provided by the Seller, which is attached to the Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer, inter alia, to the address of Seller’s business premises or the Seller’s email address: info@evitabeachwear.com.
   3. In case of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract becomes null and void as of the beginning. The goods shall be returned to the Seller by the Buyer within fourteen (14) days as of the service of the withdrawal from the Purchase Contract to the Seller. Where the Buyer withdraws from the Purchase Contract, the Buyer bears the costs of returning the goods to the Seller, even if the goods can not be returned by its nature by a normal postal route.
   4. In case of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days as of the withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon returning the goods by the Buyer or otherwise, if the Buyer consents thereto and no additional costs incur thereby by the Buyer. 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 the goods were sent to the Seller.
   5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refund of the Purchase Price.
   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 also entitled to withdraw from the Purchase Contract at any time until the moment the Buyer takes over the goods. In such a case, the Seller shall return the Purchase Price to the Buyer without undue delay, by credit transfer to the account designated by the Buyer.
   7. If a gift is provided to the Buyer along with the goods, the contract of donation between the Seller and the Buyer is concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract, the contract of donation regarding the gift ceases to be effective and the Buyer is obliged, along with the goods, to return to the Seller also the provided gift.
      
      
6. TRANSPORT AND DELIVERY OF THE GOODS
   1. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs related to this mode of transport.
   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.
   3. In the event that due to the reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the Order, the Buyer is obliged to pay the costs related to the repeated delivery of goods, or costs related to the other delivery method.
   4. Upon takeover 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 to notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the Buyer is not obliged to take over the shipment from the carrier. This shall not affect the Buyer’s rights arising from the liability for defects of the goods and other Buyer’s rights resulting from the generally binding legal regulations.
   5. Other rights and obligations of the Parties regarding the transport of the goods may be governed by special delivery conditions of the Seller, if issued by the Seller.
      
      
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
   1. The rights and obligations of the Contracting Parties regarding the rights arising from the defective performance shall be governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Section 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by the Act no. 634/1992, on Consumer Protection, as amended).
   2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes over the goods:
      1. the goods have the properties stipulated by the Parties and in the absence of such a stipulation, such properties which the Seller or producer described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer,
      2. the goods are suitable to be used for the purpose stated by the Seller or to which the goods of such kind is usually used,
      3. the quality or design of the goods corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
      4. the goods have the appropriate quantity, measurement or weight, and
      5. the goods meet the requirements laid down by legal regulations.
   3. In case there is a defect within six months from the takeover, the goods are presumed to have already been defective upon takeover.
   4. The Seller has obligations arising from a defective performance at least to the extent to which the producer’s obligations arising from a defective performance exist. The Buyer is otherwise entitled to assert his/her right arising from a defect which occurs in consumer goods within twenty four (24) months from the takeover. If the period for which the goods may be used is specified on the sold goods, the packaging thereof, the instruction manual attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. By a quality guarantee, the Seller undertakes that the goods are fit for use for the usual purpose for a certain period, or that it will retain the usual properties. If the Buyer lawfully claims the defect of the goods towards the Seller, the time limit for asserting the right from a defective performance or the guarantee period is suspended for the time during which the Buyer cannot use the defective goods.
   5. The provisions of Article 7.4 of the Terms and Conditions shall not apply for goods sold for a lower price for which the lower price was stipulated, to the wear and tear of the goods caused by their normal use, to a defect of used goods corresponding to the extent of use of the goods or its wear and tear upon takeover by the Buyer, or if it follows from the nature of the goods. A Buyer shall not have the right arising from the defective performance if, before the takeover of the goods, he/she was aware that the goods had a defect, or if it was caused by the Buyer him/herself.
   6. The rights arising from defects are asserted against the Seller. However, if the confirmation issued to the Seller regarding the extent of rights arising from defects (under Section 2166 of the Civil Code) designates another person to carry out repairs who is located at the place of the Seller or another place closer to the Buyer, the Buyer shall assert his/her right of repair against the person designated to carry out repairs. Except in cases where another person according to the previous sentence is designated to carry out the repair, the Seller is obliged to accept the complaint at any business premises where the complaint is possible to accept with respect to the range of products or services provided, or even at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation of when the Buyer asserted the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller for the repair.
   7. The Buyer may specifically claim the rights arising from the liability for defects of goods by telephone: +420 315 315 697 or by email at: info@evitabeachwear.com.
   8. The Buyer shall notify the Seller of the right he/she has chosen upon the notification of the defect, or without undue delay thereafter. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect which proves to be irreparable.
   9. If the goods lack the properties specified in Article 2.7 of the Terms and Conditions, the Buyer may also require the supply of new goods without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the goods, the Buyer may only request a replacement of that component part; if it is impossible, he/she may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously. Even where a defect is removable, the Buyer is entitled to have new goods supplied or a component part replaced if he/she cannot use the goods properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the contract. If the Buyer fails to withdraw from the contract or assert his/her right to have the new defect-free goods supplied, its component part replaced or the goods repaired, he/she may require a reasonable price reduction. The Buyer also has the right to a reasonable price reduction where the Seller cannot supply to him/her new defect-free goods, replace a component part of the goods or repair it, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
   10. A person having the right under Section 1923 of the Civil Code is also entitled to reimbursement of the costs reasonably incurred in asserting this right. However, if he/she fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if the Seller invokes late assertion of the right to compensation.
   11. Other 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
   1. The Buyer acquires ownership of the goods by paying the full Purchase Price of the goods.
   2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
   3. Consumer complaints are handled by the Seller via the email address: info@evitabeachwear.com. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s Email Address.
   4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company number: 000 20 869, website address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform at: https://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
   5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website 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 consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Regulation).
   6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Sb., on Consumer Protection, as amended.
   7. The Buyer hereby assumes the risk of a change in circumstances under Section 1765 (2) of the Civil Code.
      
      
9. PERSONAL DATA PROTECTION
   1. The information obligation towards 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”) relating to the processing of Buyer’s personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Contract and for the fulfillment of the Seller’s public obligations shall be fulfilled by the Seller by means of a separate document.
      
      
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES
    1. In accordance with Section 7 (2) of Act no. 480/2004 Sb., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, the Buyer consents to sending of commercial communications by the Seller to the email address or to the telephone number of the Buyer. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of Buyer’s personal data for the purpose of sending commercial communications by means of a separate document. THERE MUST BE A CONSENT OF THE BUYER – SEPARATE DOCUMENT
    2. The Buyer consents to store the 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 Contract without storing the so-called cookies on the Buyer’s computer, the Buyer may at any time withdraw the consent under the previous sentence.
       
       
11. SERVICE
    1. The service to the Buyer may be executed to the electronic address of the Buyer.
       
       
12. FINAL PROVISIONS
    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 referred to in the preceding sentence shall not deprive the Buyer who is the consumer of the protection afforded by the provisions of the law which cannot be contractually derogated from and which would otherwise apply in case of absence of choice of law pursuant to Article 6 (1) of the 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).
    2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision the meaning of which is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
    4. Contact details of the Seller:
       
       – address for service: Ortho Front s.r.o., Na Veselou 965, 26601 Beroun
       – electronic email address: info@evitabeachwear.com
       – telephone: +420 315 315 697.

These Terms and Conditions are effective as of 1. 3. 2020.

In Brno on 1. 3. 2020.