Terms and Conditions
Company Colaz Group s.r.o. ID: 19943768, registered office at Sadov 37, Sadov 362 61, registered in the Commercial Register kept by the Regional Court in Plzeň, Section C, File 44520, represented by Filip Kolaci, Managing Director,
for the sale of goods via the online store located at the address https://www.colazio.com or through our application.
1.1 E-shop operator:
Colaz Group s.r.o.
Address: Sadov 37, Sadov 362 61
ID: 19943768 VAT: CZ19943768
registered in the Commercial Register, kept by the Regional Court in Plzeň, Section C, File 44520 (hereinafter referred to as "seller" or "we")
Phone: +420 606 887 846
Email: info@colazio.com
1.2 Complaints and returns of goods
Address of our warehouse: Colaz Group s.r.o., Sadov 37, Sadov 362 61
Phone: +420 606 887 846
Email: returns@colazio.com
Return of goods via the Zásilkovna branch, with our code 968 892 92. The package label will be printed for you directly at the Zásilkovna branch.
SCOPE OF VALIDITY AND APPLICABILITY OF GENERAL TERMS AND CONDITIONS
2.1 Choice of law. These general terms and conditions ("GTC") of the seller regulate, in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "purchase contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as "customer" or "you") through our online store at the address https://www.colazio.com.
2.2 International element. In the event of the existence of an international element, we agree that the legal relationship between us shall be governed by the law of the Czech Republic, in particular the Civil Code. By this choice of law in accordance with Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (hereinafter referred to as "Rome I"), however, the customer shall not be deprived of the protection afforded to him by the provisions of the legal order of the country of his habitual residence pursuant to Article 6 para. 2 of Rome I.
2.3 E-shop. The online store is operated by us on the website located at https://www.colazio.com (hereinafter referred to as the "website") or through our application.
2.4 Who is considered a consumer. A consumer is considered to be any natural person who, outside the scope of his or her business activities or outside the scope of independent performance of his or her profession, enters into a purchase contract with us or otherwise legally acts with the seller (hereinafter referred to as "consumer").
2.5 Who is considered an entrepreneur. An entrepreneur is considered to be any natural person or legal entity (e.g., a commercial company, cooperative, institution) who carries out economic activities independently on his or her own account and responsibility on the basis of a trade license or otherwise performs gainful activity with the intention of carrying out this activity systematically for profit (hereinafter referred to as "business activity"). Within the scope of his or her business activity, this person concludes a purchase contract with the seller or otherwise legally acts with the seller (hereinafter referred to as "entrepreneur"). We follow the principle that for a customer who provides his or her ID number (IČO), possibly also VAT number (DIČ), the provisions of these GTC relating to entrepreneurs apply.
2.6 Familiarization with and consent to the GTC. By submitting an order (the "Order" button), you confirm that you have familiarized yourself with the GTC, including the information provided to customers before concluding a purchase contract under these GTC, and expressly agree to them in their valid and effective wording at the time of this confirmation.
INFORMATION TO CUSTOMERS BEFORE CONCLUDING A PURCHASE CONTRACT
3.1. Seller's authorization and supervisory authorities. The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out by the relevant trade licensing office within its scope of competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision within the defined scope over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
3.2. Illustrative character of product photographs. All photographs and product displays on the website are for illustrative purposes only.
3.3. Goods, price, expenses. The goods offered by us on the website and a description of its main characteristics are available for the respective goods. The prices of goods are stated including VAT and statutory fees. The amount of fees for transport and the price for special packaging are not included. We do not charge any additional costs for telecommunication means (e.g., if you call us on our telephone number, you will only pay your usual telephone call rate).
3.4 Payment and shipping options. The specific conditions of payment methods and shipping options are described in more detail during the ordering process and also in sections 7 and 9 of these GTC. We will deliver the goods to you via a carrier chosen from the options offered by us, or you can choose personal collection from the options offered.
3.5. Binding nature of the order. By submitting an order by pressing the "Order" button in our online store, the customer creates a binding order, which obliges the customer to pay. The customer has the opportunity to check and correct or change his order before submitting it, as described in more detail in section 6 of these GTC.
3.6. Customer's rights from defective performance. The customer's rights from defective performance, or from warranty, and the conditions for their enforcement are described in section 11 of these GTC or in our complaint procedure.
COMMUNICATION TO CONSUMERS BEFORE CONCLUDING A SALES AGREEMENT
4.1. Right of withdrawal from the sales agreement. The consumer customer has the right to withdraw from the sales agreement without stating reasons (unless otherwise stated) within a period of 14 days, which begins to run at the latest:
4.1.1. In the case of a sales agreement for the supply of goods from the date of receipt of the goods; or
4.1.2. In the case of a sales agreement for the supply of multiple items, from the date of receipt of the last delivery of goods; or
4.1.3. In the case of a sales agreement for regular delivery of goods, from the date of receipt of the first delivery of goods; provided that the consumer has the right to withdraw from the sales agreement even before the time specified in Articles 4.1.1 to 4.1.3 by informing us of their intention to withdraw from the sales agreement by completing and sending the withdrawal form (ideally together with the returned goods) or by notification to our email returns@colazio.com.
4.2. When it is not possible to withdraw from the sales agreement. The customer is not entitled to withdraw from the following agreements:
4.2.1. For the supply of goods that have been customized or created to the customer's specifications or for their person;
4.2.2. For the supply of goods whose price depends on fluctuations in financial markets beyond our control, which may occur during the withdrawal period from the sales agreement;
4.2.3. For the supply of perishable goods and goods that have been irreversibly mixed with other goods after delivery
4.2.4. For the supply of goods in sealed packaging that the customer has removed from the packaging, and for hygienic reasons, it is not possible to return it, which also applies to sound or image recordings and computer programs, if the customer has breached their original packaging;
4.2.5. For transportation, for a specific term or during a specific period
4.2.6. For the provision of digital content if it has not been supplied on a tangible medium and has been supplied with your prior express consent before the withdrawal period from the sales agreement expires.
4.3. Obligations of the consumer when withdrawing from the sales agreement. If the consumer withdraws from the sales agreement, they are obliged to return the goods acquired under the sales agreement from which they have withdrawn, no later than 14 days from the moment of withdrawal from the sales agreement. The customer is obliged to return the goods complete, i.e., including all delivered accessories, all documentation, clean, undamaged, unwashed, and if possible, in the original packaging, in the condition and value in which they received it. Please note that if you remove labels and tags attached to the goods, the value of the goods may be reduced.
4.4. Return of goods through Zásilkovna branch. You can return the goods to us through a Zásilkovna branch, with the code 968 892 92. The package label will be printed for you directly at the Zásilkovna branch. In the case of this method of returning goods when withdrawing from the sales agreement, the transportation costs are covered by us.
4.5. Return of goods at our premises. You can send or deliver the goods in person to the address: Colaz Group s.r.o., Sadov 37, Sadov 362 61. If you decide to use this method of returning goods when withdrawing from the sales agreement, then you pay the return costs yourself.
4.6. Reduction in the value of goods. In the event of withdrawal from the sales agreement, you are responsible for any reduction in the value of the returned or returned goods resulting from handling the goods in a way other than is necessary to familiarize yourself with the nature and properties of the goods. If damaged or incomplete goods are returned to us, we will offset our claim for damages against the purchase price you wish to return. We will always assess the specific case to determine the extent of the damage, devaluation of the goods, and determine the corresponding reduced value. We will inform you of these steps at the email address or by phone provided.
4.7. Refund of the purchase price. In the event of withdrawal from the sales agreement within the withdrawal period, we are obliged to refund all money to the customer, including the costs of transporting the goods in the amount corresponding to the cheapest type of transport offered by us, to the bank account specified by you, no later than 14 days from the withdrawal from the sales agreement. Please note that we are entitled to refund your money only when we receive the returned goods from you.
4.8. Complaints. We handle out-of-court settlement of customer complaints through the email returns@colazio.com and the telephone number +420 606 887 846.
4.9. Out-of-court dispute resolution. The out-of-court resolution of consumer disputes arising from the sales agreement is the responsibility of the Czech Trade Inspection, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: https://adr.coi.cz/en. The platform for online dispute resolution is available at the website http://ec.europa.eu/consumers/odr for resolving disputes between the seller and the customer from the sales agreement.
4.10. European Consumer Center Czech Republic. The European Consumer Center Czech Republic, headquartered at Štěpánská 567/15, 120 00 Prague 2, website: https://evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution).
4.11. False or incomplete reviews. We reserve the right not to publish customer reviews that are false, contain inappropriate expressions, or are unrelated to the purchased goods.
4.12. Instructions regarding digital content. We advise consumers that if we sell digital content, we do not provide updates to the purchased digital content.
USER ACCOUNT AND OTHER CONDITIONS FOR ACCEPTANCE OF ORDERS
5.1. Registration. Based on customer registration using email and a chosen secure password, carried out on the store's website, the customer can access their user interface. The user confirms that they agree to these general terms and conditions and have familiarized themselves with the privacy policy.
5.2. User account functions. From their user interface ("My Account"), the customer can place orders, view the history and details of their orders, view valid discount coupons, keep track of credit notes, and monitor the status of order processing, etc. (hereinafter "user account“).
5.3. Obligation to provide truthful and correct information. When registering on the website and when ordering goods, the customer is obliged to provide all information correctly and truthfully. The customer is obliged to update the information provided in the user account in the event of any changes. The information provided by the customer in the user account and when ordering goods is considered correct by the seller.
5.4. Access to the user account. The customer has access to their user account through a combination of their email and password. The customer is obliged to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the seller is not responsible for any breach of this obligation by third parties.
5.5. Closing a user account. The customer can request the closure of their user account at any time by sending a request to the seller by email. The closure of the user account is effective upon receipt of the request by the seller.
5.6. Customer's rights arising from the seller's liability for defects. The rights and obligations of the contracting parties regarding the rights arising from the seller's liability for defects, including the seller's liability for the quality of goods and other legal obligations, are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).
PROCESSING OF PERSONAL DATA
6.1. Protection of personal data. The seller is the administrator of personal data in accordance with 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) (hereinafter referred to as the „GDPR").
6.2. Providing personal data. The customer provides personal data voluntarily. The customer provides their personal data to the seller for the purpose of fulfilling the rights and obligations arising from the purchase agreement (order), and the seller processes this personal data for the purpose of fulfilling the purchase agreement (order).
6.3. Consent to the processing of personal data. By entering into a purchase agreement (order) or by registering on the website, the customer gives consent to the processing of their personal data.
6.4. Processing of personal data. The seller processes the personal data of the customer in order to deliver goods to the customer, fulfill other rights and obligations arising from the purchase agreement (order), and ensure the operation of the user account and the website.
6.5. Duration of personal data processing. The seller processes personal data for the duration of the purchase agreement (order) and for the period necessary to exercise the rights and obligations arising from the purchase agreement (order), but no later than the expiry of the limitation periods for the rights and obligations arising from the purchase agreement (order) and for the period necessary to exercise the rights and obligations arising from generally binding legal regulations. The seller processes the personal data of the customer until the consent to the processing of personal data is withdrawn by the customer, for a maximum of 5 years from the withdrawal of consent.
6.6. Deletion of personal data. The seller undertakes to delete personal data upon a request from the customer sent to the email address of the seller.
6.7. Personal data processing by third parties. Personal data of the customer may be processed by third parties who provide services to the seller (transport services, payment services, etc.). Personal data is provided to third parties for the purpose of fulfilling the purchase agreement (order).
7. GOODS PRICE AND PAYMENT METHOD
7.1. Price. All prices of goods are stated in Czech Crowns (CZK) and include VAT.
7.2. Payment method. You can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement as follows:
A. by bank transfer,
B. by online payment card,
C. in cash or by payment card upon personal pickup,
D. Cash on delivery.
7.3. Sales records. Our obligation to issue a receipt to the customer and record the received revenue with the tax administrator online is currently suspended. From 1 January 2023, it will be abolished.
7.4. Deposit on the price of goods. We may request a deposit or similar payment from the customer.
7.5. Discounts from the price of goods. Any discounts on the price of goods provided by us to customers cannot be combined.
7.6. Unrealistic price of goods. In the case of displaying an unrealistic price, e.g., a value of 0 CZK (in words: zero Czech crowns) or displaying a highly non-market price, where a non-market price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact by email.
7.7. Invoice form. We agree that invoices will be sent electronically to the customer's email address provided in the order.
8. RESERVATION OF OWNERSHIP
8.1. Full payment of the purchase price. We reserve the right of ownership to the goods with the customer until the full payment of the purchase price according to the relevant purchase agreement.
8.2. Reservation against business customers. For business customers, we reserve ownership of the goods until all claims against you are paid. The customer is obliged to handle the goods with a reservation of ownership with due care and insure it at their own expense adequately, in case of damage, to the value of new goods.
9. DELIVERY OF GOODS, DAMAGES CAUSED TO THE SELLER, AND DAMAGES CAUSED DURING THE TRANSPORTATION OF GOODS
9.1. Transport, personal pickup. The goods are sent to the customer either by a carrier of their choice selected from the options offered during the order or by personal pickup from the options offered by us.
9.2. Delivery time. The customer can find the delivery time in the "Delivery and Payment" section. Sometimes, goods marked as "in stock" may sell out in a short period. If the situation arises that the goods are sold out and we are unable to deliver the goods you ordered within the specified time, we will contact you to agree on the next steps. However, we strive to prepare and deliver the order to the customer as soon as possible.
9.3. Goods acceptance. In the case of goods transportation to the consumer, the goods are transferred to the customer at the moment when the carrier hands over the goods to the customer at the place of delivery (usually the first door/gate at the location designated by the customer). At the moment of acceptance of the goods by the customer, the risk of damage and accidental deterioration of the purchased goods passes to the customer. If the customer was to accept the goods from the carrier, the risk of accidental destruction and accidental deterioration in the quality of the purchased goods passes to the customer at the moment when they are allowed to dispose of the goods, but not earlier than the agreed delivery time. In the case of personal pickup by the customer, the goods are considered delivered at the moment of acceptance by the customer or another person designated by the customer.
9.4. Costs of special transportation. In the event that the mode of transportation is agreed based on a special request of the customer, the customer bears the risk and any additional costs associated with this mode of transportation.
9.5. Repeated delivery and associated costs. If, due to reasons on the customer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods or the delivery by a different method.
9.6. Damage that may arise to the seller from non-acceptance of the goods. If the consumer customer does not accept the goods upon delivery by the carrier, the goods are subsequently returned to the Seller. If the consumer customer does not withdraw from the purchase agreement within 14 days from the unsuccessful delivery of the goods, the Seller is entitled to request from the customer the costs charged by the carrier for returning the goods to the Seller. This cost represents damage to the Seller resulting from a breach of the customer's legal obligations pursuant to § 2913 para. 1 of the Civil Code. The Seller is also entitled to charge a storage fee for the goods in the amount of 100 CZK (in words: one hundred Czech crowns) and is further entitled to withdraw from the purchase agreement.
9.7. Non-acceptance of goods by entrepreneurs. If the business customer does not accept the goods upon delivery by the carrier, the goods are subsequently returned to us as the Seller. We are entitled to request from the business customer the costs charged by the carrier for returning the goods to our address. This cost represents damage to the Seller resulting from a breach of the legal obligations of the business customer pursuant to § 2913 para. 1 of the Civil Code. The Seller is also entitled to charge a storage fee for the goods in the amount of 100 CZK (in words: one hundred Czech crowns) and is further entitled to withdraw from the purchase agreement.
9.8. Offset of claims. We are entitled to unilaterally offset the claim for storage costs of the goods and the claim for compensation for damage resulting from the breach of the customer's legal obligations under this part of the Terms and Conditions in accordance with § 2913 of the Civil Code against the customer's claim for refund of the purchase price.
9.9. Customer's obligations upon acceptance of the goods. The customer is obliged to check the goods upon acceptance and ensure their characteristics (especially whether the customer received the correct type of goods, whether the goods have the agreed quality, whether the goods contain everything in their packaging as they should according to the instructions). In case of visible damage to the shipment by the carrier, the customer is obliged not to accept such shipment from the carrier at all. We are not responsible for damages caused by the carrier, or for late delivery of the goods, regardless of the reason for the delay.
9.10. Rights from defects. The rights of customers in case of exercising the right from defects are governed by our complaint procedure and by the relevant legal regulations of Czech law, especially the Civil Code.
10. WITHDRAWAL FROM THE PURCHASE AGREEMENT
10.1. Consumer's right to withdraw from the purchase agreement within 14 days of receiving the goods. The consumer's right to withdraw from the purchase agreement is governed by Part 4 of these Terms and Conditions.
10.2. Right to withdraw only for consumers. Business customers have the right to withdraw from the purchase agreement in accordance with the relevant legal regulations. A business customer does not have the right to withdraw from the purchase agreement without stating a reason within 14 days of receiving the goods; this right applies only to consumers. Provided that the business customer returns the goods to us and it is not a matter of exercising the right from defects according to the Civil Code
, we are entitled to charge the costs of storing this goods under points 9.7. and 9.8. of these Terms and Conditions, and we will also request the business customer to take back this goods.
10.3. Procedure in case of stock depletion. We are entitled to withdraw from the purchase agreement due to stock depletion or unavailability of the ordered goods. Furthermore, we may withdraw from the purchase agreement, especially if the customer has not paid the purchase price properly and on time or has refused to accept the goods.
10.4. Gift. If a gift is provided to the customer together with the goods, a gift agreement is concluded between us and the customer with the condition that if the customer or we withdraw from the purchase agreement, the gift agreement regarding such gift becomes ineffective, and the customer is obliged to return the provided gift along with the goods.
11. RIGHTS FROM DEFECTIVE PERFORMANCE
11.1. Reference to the Civil Code. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant mandatory legal regulations (in particular § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code).
11.2. Reference to the complaint procedure. Further rights and obligations of the parties related to our liability for defects in the goods are regulated in our complaint procedure.
12. PROTECTION OF PERSONAL DATA
12.1. Principles of personal data processing. The protection of personal data of our customers is very important to us. Rules for handling personal data and rules for sending commercial communications are regulated in our privacy policy.
12.2. Commercial communications. We send commercial communications with offers of related goods or services to customers, to the customer's email address (commercial communications for customers). The email address is personal data and is processed in accordance with 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) for the purpose of sending commercial communications based on our legitimate interest in promoting our similar products and services. The customer can unsubscribe from receiving commercial communications at any time.
12.3. Cookies. We use so-called cookies, which may be stored on the end device (either with consent or to protect our legitimate interests). The customer can set preferences directly on our website, where they will find more information about the use of cookies.
13. FINAL PROVISIONS, INCLUDING APPLICABLE LAW AND JURISDICTION
13.1. Commitment to respect consumer rights. In the event of unintentional discrepancies between the provisions of these Terms and Conditions and legal regulations for consumer protection, these provisions take precedence, and the Seller undertakes to comply with them accordingly.
13.2. Invalid or ineffective provisions of the Terms and Conditions. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning comes closest to the invalid provision shall take its place. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
13.3. Exclusion of the Vienna Convention. The parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (also known as the Vienna Convention) in accordance with Article 6 of this Convention.
13.4. Disputes and jurisdiction. The parties further agree that in resolving any disputes arising from a sales contract involving an international element, the courts of the Czech Republic, designated according to our registered office, shall always have jurisdiction. This does not affect the rights of customers under special legal regulations. The contractual language is Czech.
13.5. Archiving of the purchase contract. The purchase contract in the wording of the Terms and Conditions is archived by us in electronic form and is not accessible to third parties.
13.6. If different conditions for concluding the purchase contract are agreed upon. The provisions of the Terms and Conditions are an integral part of the purchase contract. Provisions deviating from the Terms and Conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
13.7. Necessity of accepting the Terms and Conditions to conclude the purchase contract. Acceptance of these Terms and Conditions is voluntary but necessary for placing an order by the customer.
13.8. Validity of the Terms and Conditions. These Terms and Conditions are valid from 20 April 2024 and supersede the validity of previous terms and conditions.