We are Unorthodox Travel, a subsidiary of Travel Design (hereinafter the Company), with its registered office at Washingtonova 1624/5, Nové Město, 110 00 Prague 1, Czech Republic, with identification number 05091713, entered in the Commercial Register for the sale of goods though an online store located https://unorthodoxtravel.co.uk.
1. Introductory Provisions
1.1. These business conditions (hereinafter referred to as “business conditions”) of the business company Travel Design as, with its registered office at Washingtonova 1624/5, Nové Město, 110 00 Prague 1, Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert 21588 (hereinafter referred to as the “Seller”) regulates, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arising in connection or purchase contracts (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address https://unorthodoxtravel.co.uk (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity.
1.3. Provisions deviating from the business conditions are agreed in the purchase contract. Any changes in provisions in the purchase contract take precedence over these terms and conditions.
1.4. 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.
2. User Account
2.1. The buyer can order goods without registration directly from the web interface of the store.
2.2. When ordering goods, the buyer is obliged to state all data correctly and truthfully. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
3. Concluding the Purchase Agreement
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.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. 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 possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. 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:
- the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store)
- the method of payment, the purchase price of the goods, and the method of delivery
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The data listed in the order is deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the e-mail address specified by the buyer in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.5. Depending on the nature of the order (quantity of goods, 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).
3.6. The contractual relationship between the seller and the buyer arises from the order confirmation (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously breached the purchase agreement (including business conditions).
3.8. The buyer agrees to the use of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use 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.
4. Price of Goods, Transport & Payment Terms
4.1. To pay for 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:
- payment card online
- cashless transfer to the seller’s account
4.2. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with any bank fees. 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.
4.3. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.4. If requested, 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 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.
5. Returns & Refunds
5.1. The Buyer acknowledges that it is not possible to withdraw from a purchase contract for goods in a sealed package which the consumer has removed from the packaging.
5.2. If it is not a case referred to in Article 5.1 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 within fourteen (14) days from the receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address.
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 cancelled. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract 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 its nature by regular mail.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from 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 he sent the goods to the entrepreneur.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, and if the buyer withdraws from the purchase contract, the buyer is obliged to return given a gift.
6. Transportation & Delivery
6.1. The method of delivery of goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted on the basis of the buyer’s request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged 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. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or, 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 damaged packaging indicating unauthorised entry to the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all the conditions and requirements and that any subsequent claims regarding breach of the packaging of the consignment cannot be taken into account.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the delivery conditions of the seller.
7. Rights from
7.2. The seller is responsible to report any defects to the buyer upon receipt. Without such report, the seller agrees that the goods are free of defects upon receipt. In particular,
7.2.1. the goods are as advertised
7.2.2. the goods are fit for the purpose stated by the seller
7.2.3. the goods correspond in quality or design to the contracted 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 set out in 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.
7.4. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8. Other Rights & 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. The buyer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.
8.3. The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.
8.4. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
9. Protection of Personal Data
9.1. The buyer agrees to the processing of the following personal data in order to complete the purchase agreement: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as “personal data”).
9.2. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller, also for the purpose of sending information and business messages to the buyer.
9.3. The buyer acknowledges that he is obliged to state his personal data (when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data.
9.4. The seller may authorize a third party to process the buyer’s personal data as a processor, for example, a secure payment gateway. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.5. Personal data will be processed securely indefinitely.
9.6. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data. The Buyer declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Seller by a written notice delivered to the address of the Seller.
9.7. In the event that the buyer believes that the seller or processor (Article 9.6) performs the processing of his personal data, which is contrary to these terms or contrary to data protection law, the buyer may ask the seller for an explanation. If the seller is required to remedy the situation it may be a matter of blocking, correcting, supplementing or disposing of personal data. If the buyer’s request is found to be justified according to the previous sentence, the seller or processor shall immediately remove the data. If the seller does not comply with the request, the buyer has the right to contact the Office for Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Data Protection directly with his complaint.
9.8. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
9.9. 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.
10. Sending Commercial Messages & 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.
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 contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person, or by registered mail through the postal service provider (at the option of the sender).
11.2 Delivery of the goods is considered complete upon:
- Receipt of email correspondence on the server
- Receipt of the physical goods at the address provided
12. Final Provisions
If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
12.2. The seller is entitled to sell goods on the basis of a trade license and the seller’s activity is not subject to any other permit. Trade licensing is performed within the scope of its competence by the relevant trade licensing office.
12.3. 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. Changes and additions to the purchase contract or business conditions require a written form.
12.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.