TERMS AND CONDITIONS

TERMS AND CONDITIONS

for the sale of goods and services through an online store located at www.amarilis.com

Franchisee: Jerome Buildings a.s.

with its registered office at Štěpánská 18, Prague 1, 110 00

IR: 27204944
Steuernummer: CZ27204944

Trade license dated 9 December 2011 was issued by the municipality of Český Brod.

File no. OŽÚ / 1801/2011 / S / 4

INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of the Operator:, identification number: 27204944 The Trade Certificate dated 9 December 2011 was issued by the Český Brod Municipal Office under ref. OŽÚ / 1801/2011 / S / 4. (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another Buyer (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Seller operates the Seller on the website located at www.amarilis.com (hereinafter referred to as the “Website”) through the Website Interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.

1.3. 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 Czech. The purchase contract can be concluded in Czech.

1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.

2. User account

2.1. Based on the buyer’s registration on the website, the buyer can access his user interface. From its user interface the buyer can order goods (hereinafter referred to as “user account”). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.

2.2. When registering on the website and ordering 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 goods are considered correct by the seller.

2.3. Access to the user account is secured by a user name 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 has not used his user account for more than 1 year or if the buyer breaches his obligations under the purchase contract (including terms and conditions).

2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.

3. Conclusion of the purchase contract

3.1. All presentation of the goods placed in the web interface of the shop is of informative character 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.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods and services include VAT and all related fees. Prices of goods and services 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 conclude a purchase contract under individually negotiated conditions.

3.3. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:

3.3.1.ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),

3.3.2.the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and

3.3.3.information on the costs associated with the delivery of the goods (collectively referred to as the “Order”).

3.4. Before 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 ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the “Finish” button. The data listed in the order they are deemed correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s E-mail Address”).

3.5. The seller is always entitled depending on the nature of orders

(quantity of goods, purchase price, estimated shipping costs) ask the buyer for additional confirmation of the order (for example in writing or by telephone).

3.6. The contractual relationship between the Seller and the Buyer arises upon 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.

3.7. 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 Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, which costs do not differ from the standard rate

4. Price of goods and payment terms

4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:

in cash at the seller’s premises at Štěpánská 18, 110 00, Prague 1, subject to the legal restrictions on cash payments

cashless in advance on the basis of a confirmed order by transfer to the Seller’s CZK 2100677034/2010, IBAN CZ5220100000002100677034 SWIFT FIOBCZPP, maintained by Fio banka a.s. (“Seller’s Account”); the Seller may issue an advance invoice at the Buyer’s request.

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

4.3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable immediately upon confirmation of the transaction by card.

4.4. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.

4.5. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.7. The seller is a payer of value added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s email address.

5. Withdrawal from the purchase contract

5.1. The Buyer acknowledges that the goods are purchased in EU countries and comply with the legislative standards and hygiene regulations valid in the Czech Republic.

5.2. The buyer acknowledges that the distortion of color shades may be caused by computer processing.

5.3. In accordance with Section 1829 (1) of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller’s premises or the Seller’s email address www.amarilis.com

5.4. In the event of withdrawal pursuant to Article 5.6 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement 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 upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the entrepreneur.

5.5. 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.

5.6. Until the buyer accepts the goods, the seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.

6. Transport and delivery of goods

6.1. 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 associated with this mode of transport.

6.2. According to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order and the buyer is obliged to take over the goods upon delivery.

6.3. In the event that due to 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 associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.

6.4. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the case of finding por

the buyer does not have to take delivery of the package from the carrier.

6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.

6.6. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.

6.7. Rights from defective performance shall be exercised by the Buyer at the Seller’s address, where acceptance of the complaint is possible with respect to the assortment of goods sold, possibly also at the registered office or place of business. The moment of claiming is considered the moment when the seller received the goods from the buyer.

6.8. The buyer acknowledges that when purchasing a voucher with the service it is necessary to confirm the date of withdrawal on both sides.

7. Liability for defects

7.1. The seller is not responsible for defects caused by normal wear of the goods.

In case of repeated and obviously speculative complaints, the seller reserves the right not to serve the customer any more. The Buyer is obliged to file a claim with the Seller without undue delay.

7.2. The deadline for handling the complaint runs from the delivery of goods to the seller. The Seller is obliged to decide on the complaint within three working days at the latest and to notify the Buyer of its decision by e-mail.

7.3. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.

8. Sending business messages and storing cookies

8.1. The Buyer agrees to receive information related to the Seller’s goods, services or business to the Buyer’s email address and further agrees to receive commercial communications from the Seller to the Buyer’s email address.

8.2. The buyer agrees to the storing of 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 at any time withdraw the consent under the previous sentence.

9. Delivery

9.1. The Buyer can be delivered to the e-mail address specified in his user account or specified by the Buyer in the order

10.Final provisions

10.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.

10.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning 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. Changes and amendments to the purchase contract or the terms and conditions require written form.

10.3. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.

10.4. Seller’s contact details: Štěpánská 18, Praha 1, 110 00, marketing@jerome.cz, +420 728 966 998.

In Prague on September 12, 2019