trading company
Cavalier Made to Measure s.r.o.
Registered seat: Selská 612, Liberec XII – Staré Pavlovice, 460 01 Liberec
Company ID: 03707351
entered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 35022
for the sale of goods to consumers through an online store located at the Internet address www.cavalier.cz.
1.1. These business conditions (hereinafter referred to as "business conditions") of the business company Cavalier Made to Measure sro, Selská 612, Liberec XII-Staré Pavlovice, 460 01 Liberec, identification number: 03707351,
entered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 35022
(hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's internet application . The internet application is operated by the seller at the internet address https: // www.cavalier.cz/, via a web interface (hereinafter referred to as the "web interface of the store"). The buyer can operate the internet application via the seller's web interface himself or in cooperation with a sales consultant.
1.2. The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the purchase via the web application on the seller's website located at https:// www.cavalier.cz/ (hereinafter referred to as the "website") when concluding so-called consumer contracts and their obligations arising in accordance with the provisions of § 1810 of Act no. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code"). The business conditions do not apply to cases where a person who intends to purchase goods from the seller acts in the course of his business - these business cases are subject to the general law of the purchase contract.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. 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.
2.1. The buyer can order goods via the web interface of the application intended for purchase. The web application of the store allows the buyer to order goods also independently or in the presence of a fashion consultant.
2.2. When ordering goods through the seller's web application, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the seller's application in the event of any change. The data provided by the buyer in the web application of the store when ordering goods by the buyer are considered correct by the seller.
2.3. Through the web application, the buyer can close the deal by purchasing fashion goods himself without the participation of a fashion consultant. If a fashion consultant in a cavalier store does so without a professional orientation of his body measurements, the seller does not guarantee the correctness of the size of the delivered goods.
2.4. The buyer acknowledges that the web interface of the ordering application may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3.1. The web interface of the Cavalier store application contains a list of goods offered by the seller for sale. After selecting and entering the product in the web application, the buyer finds out the price of the ordered goods as well as data on the properties of the goods, method of use, maintenance and dangers arising from improper use or maintenance, if such facts are not obvious or generally known. The prices of the offered goods are listed including value added tax and all related fees. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store application. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.2. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer 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 buyer is obliged to get acquainted with all business conditions, principles of personal data protection, complaint procedure and protocol, and only after getting acquainted with the above documents will the buyer confirm the order by sending it to the seller by clicking on the "complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer - he will verify the SMS in the order with a message from his mobile phone number.
3.3. The contractual relationship between the seller and the buyer arises from the confirmation of the order-verification confirming an SMS message to the buyer in the internet application of the seller. After receiving the order, the seller will send the relevant contractual documents electronically to the buyer's e-mail.
3.4. The Buyer acknowledges that the Seller is entitled to withdraw from the Purchase Agreement if it receives an order from a Buyer who has materially breached any of its obligations in any of its previous obligations with the Seller.
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways: - in cash at the place specified by the buyer in the order,
- cashless bank transfer or payment card through a secured payment gateway accepted by the seller,
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount, according to the order. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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. Until then, the goods are the property of the seller.
4.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined or added together.
4.6. The seller provides the buyer with a so-called cashback (bonuses) based on our loyalty program Cavalier Club. And for customers who don't have anything from us yet, we provide a discount on the first shirt, pants and jacket. 500, 1000 and 1500. This is conditioned by the selection of a certain category and a limited selection of configurable elements. In this case, the discount and bonus can be combined.
4.7. If this is customary in business relations or if so stipulated by generally binding legal regulations, 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. If the customer pays a deposit of 50% and pays the rest of the purchase price upon receipt of the goods, then the seller issues a tax document to the buyer with payment of the deposit and then a second time with a surcharge invoice.
4.8. Prices are determined according to the choice of goods and its adjustment to the buyer. The seller warns that the prices of goods do not have to copy the prices in the retail network.
5.1. The buyer acknowledges that according to the provisions of § 1837 of Act no. 89/2012 Coll., Civil Code, may not withdraw from the purchase contract in the cases listed here, especially in the case of delivery of goods that have been modified according to the wishes of the buyer, or for his person, and in the case of delivery of perishable goods, as well as also goods which have been irretrievably mixed with other goods after delivery, deliveries of goods in sealed packaging which the buyer has removed from the packaging and cannot be returned for hygienic reasons, deliveries of audio or video recordings or computer program if he has broken their original packaging, or deliveries of newspapers, periodicals or magazines.
5.2. If it is not a case referred to in Art. 5.1., Or in 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 with the provisions of § 1829, paragraph 1 of the Civil Code, within fourteen (14) calendar days of receipt of the goods. The deadline for withdrawal from the purchase contract is considered to be maintained if the buyer sends a notice to the seller during its withdrawal that it withdraws from the contract. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's registered office or to the seller's e-mail address (see Article 11.3.), On the form which is sent to the buyer together with the goods.
5.3. If the buyer withdraws from the purchase contract, he shall send or hand over to the seller, without undue delay, no later than within 14 days of the withdrawal from the contract, the goods he received from him, including all its parts and accessories.
5.4. Within fifteen (15) working days from the return of the goods by the buyer according to Art. 5.3. the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged or worn.
5.5. In case of withdrawal from the contract according to Art. 5.2. the seller returns all funds to the buyer, with the proviso that in terms of delivery costs, the seller returns these costs to the buyer only in the amount corresponding to the cheapest delivery costs offered by the seller, without undue delay, no later than 14 days after withdrawal from the contract. provided that the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to him.
In case of withdrawal of the buyer from the contract, according to Art. 5.2., The buyer bears the costs associated with the return of goods, if these goods can not be returned due to their nature by regular mail.
The seller returns the funds to the buyer in the same way as he received them from the buyer, but most often, cashless to the account designated by the buyer.
5.6. Exchange of goods for another size is not possible, if it is a shoe that is configured by the buyer in the seller's application, the goods cannot be exchanged for another since its receipt. Complaints are handled by a sales representative at the appropriate cavalier store.
5.7. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller has a claim against the buyer for a reduction in the value of the goods. The seller is entitled to unilaterally set off the receivable for impairment of the goods against the buyer's right to a refund of the purchase price.
5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the consumer withdraws from the purchase contract, even partially, the gift contract for such a gift loses its effect and the buyer is obliged together with return the provided gift to the seller.
5.9. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
6.1. Delivery of goods takes place exclusively at Cavalier store branches. The buyer can choose at which branch of the Cavalier store he will take over the goods. The handover of the goods takes place exclusively with the participation of a professional employee of the seller.
6.2. The buyer must test the goods under the supervision of a professional and by accepting it agrees that the goods are in the required quality and condition.
6.3. Other rights and obligations of the parties upon delivery of the goods may be regulated by the special delivery conditions of the seller, if issued by the seller.
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (especially the provisions of § 2158 et seq. Of the Civil Code).
7.2. In the event that the thing has defects when taken over by the buyer, in the sense of the provisions of § 2161 paragraph 1 of the Civil Code, the seller is responsible for this, under the conditions set out in the complaint procedure, which is part of these terms and conditions.
The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt, except in cases of defects for which a lower price was agreed for the goods, as well as a defect consisting in the wear of the goods. normal use, a defect in the goods used consisting in the corresponding degree of use or wear and tear of the goods at the time of their acceptance by the buyer and, if this follows from the nature of the goods.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
7.3. The buyer does not have the right from defective performance if he changes body measurements (widths, lengths, waist circumference, chest, arms and thighs), which do not correspond to the measured values when focusing and processing the order of goods, agreed by the buyer in the ordering system. of the seller at the time of concluding the purchase contract.
7.4. The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller's branches in the cavalier store in agreement with the fashion consultant representing the seller.
8.1. The buyer acquires ownership of the purchased goods by taking it over. Upon receipt of the goods, the risk of damage to the goods also passes to the buyer.
8.2. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) 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. All photos displayed in the online store are for illustrative purposes only. The color of photos and images may be slightly distorted, especially depending on the color settings of the user's monitor.
8.3. The buyer has the right to out-of-court settlement of consumer disputes. For out-of-court settlement of disputes, the buyer turns to the Czech Trade Inspection Authority (www.coi.cz).
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act no. 101/2000 Coll., On the protection of personal data, as amended and Regulation (EU) 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 (hereinafter: "GDPR") . The controller of personal data according to Art. 4 point 7 of Regulation (EU) 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 (hereinafter: "GDPR") is Cavalier Made to Measure sro IČ 03707351 with its registered office at Selská 612 , Liberec XII-Staré Pavlovice, 460 01 Liberec (hereinafter referred to as the "Administrator").
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, age and gender (hereinafter collectively referred to as "personal data").
9.3. 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, for the purposes of maintaining a user account and for the purpose of sending information and commercial communications to the buyer.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.
9.5. The seller may authorize a third party to process the buyer's personal data as a processor. 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.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
a) ask the seller or processor for an explanation,
b) require the seller or processor to remedy the situation thus created. In particular, it may involve blocking, correcting, supplementing or disposing of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Personal Data Protection directly with his complaint.
9.9. 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. The seller informs the buyer about the processing of personal data and their processing on its website, where this information is provided for clients. (possible link)
9.10. 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.
10.1. 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). It is delivered to the Buyer to the e-mail address specified by the Buyer in the seller's store application.
This complaint procedure regulates the complaint of goods purchased by the consumer in the seller's online store www.cavalier.cz and was prepared in accordance with Act no. 89/2012 Coll., Civil Code as amended and Act and Act no. 634/1992 Coll., On consumer protection, as amended.
11.1. Buyer's right to claim defective goods
If a defect occurs in the purchased goods, the buyer has the right to complain about this defect, namely to the seller, which is Cavalier Made to Measure sro, IČ: 03707351, at the branches of the cavalier store, whose addresses are listed on the seller's website. The buyer must file a complaint without undue delay after he has been able to find it out in good time and with sufficient care. The buyer submits the claimed goods to the complaint, properly cleaned so that its acceptance by the seller from the buyer is not hindered by the general principles of hygiene, together with proof of purchase from the seller. It is advisable to send the goods in a suitable transport package, because the seller is not liable for any mechanical damage before receiving the goods. In particular, goods sold at a lower price cannot be claimed for a defect for which a lower price was agreed and for wear and tear of the goods caused by their normal use. The seller ensures the proper handling of complaints. Complaints, including the elimination of defects must be settled: • without undue delay, no later than 30 days from the date of the complaint, with the date of the complaint being the day the seller receives the claimed goods and a duly completed complaint form • possibly in a longer period, which the seller agrees with the buyer in writing.
11.2. Product defect
A defect of the goods cannot be considered a change of goods caused during the warranty period due to improper use, incorrect intervention, if the buyer caused the defect himself, or caused by an external event not caused by the seller, especially if the cause of the defect: inappropriate combination of worn materials that damage the goods - "coloring" mechanical damage to the goods - cutting, tearing, "local" brushing any intervention in the goods damage to the goods by chemicals by non-compliance with the care symbols on the internal label of the goods (see link to Treatment of goods).
11.3. Deadline for making a complaint
The buyer is entitled to exercise the right to a defect that occurs in the goods within 24 months of receipt from the seller. The period for exercising the rights from defects in the goods, or the warranty period, is stated in the description of each product. The purchase of goods is evidenced by the buyer proof of purchase from the seller, which also serves as a warranty card. The warranty period is not to be confused with the service life of the goods, ie the time during which the goods can withstand, due to their properties, given purpose and differences in the intensity of their use. If the defective goods are exchanged for new ones, the deadline for making a complaint runs again.
11.4. Protocol on the complaint of goods
The seller will accept the goods for complaint together with a duly completed complaint report, which is available for download. Goods that will be delivered to the seller without a duly completed complaint report will be returned to the sender, as goods for which the reason for sending it to the seller is not clear.
11.5. Assessment of the complaint
The seller decides on the complaint without undue delay. Any time necessary for a professional assessment of the defect is not included in the time of handling the complaint. The decision on whether the defect is remediable or irremediable belongs only to the seller, the manufacturer considers the disputed complaints. - remediable defects - are those whose removal does not affect the appearance of the goods, its function and quality, and whose repair can be carried out within the time limit set for the settlement of the complaint; - irremediable defects - are those that prevent the goods from being used properly, or they cannot be completely removed. After the decision on the complaint, the seller will issue a confirmation (complaint form) to the buyer by e-mail as to when he lodged the complaint, what is the content of the complaint, what method of handling the complaint the buyer requires, and further confirmation of the date and method of handling the complaint, including confirmation of the possible repair and its duration, or justification for the rejection of the complaint. After the complaint is settled, depending on the nature of the claimed defect, either the repaired goods are returned, or new goods are sent, or its part, if the defect concerns only part of the goods, or a reasonable discount is provided from the purchase price or claimed goods. In the case of a justified complaint, the buyer has the right to reimbursement of postage in the amount of the necessary costs for safe delivery (it is necessary to provide proof of this transport).
11.6. Solutions complaint
a) Remediable defects
- are usually removed free of charge by repair;
- if this can be considered reasonable due to the nature of the defect and if the goods have not yet been used, the buyer may request the delivery of new goods without defects; if it is not possible to deliver new goods without defects, the buyer has the right to withdraw from the purchase contract;
- if the buyer does not request the repair of the goods, the delivery of new goods without defects, nor does he withdraw from the purchase contract, he may request a reasonable discount.
b) Irreparable defects
- delivery of new goods without defects may be required;
- it is possible to withdraw from the purchase contract;
- if the buyer does not request the delivery of new goods without defects, nor does he withdraw from the purchase contract, he may demand a reasonable discount.
c) Remediable defect
- repetitive defects on the goods even after the previous two repairs or at least three concurrent defects;
- delivery of new goods without defects may be required;
- it is possible to withdraw from the purchase contract;
- if the buyer does not request the delivery of new goods without defects, nor does he withdraw from the purchase contract, he may demand a reasonable discount.
d) Return of the claimed goods to the buyer in case of rejection of the complaint
If any defects in the goods relate only to a part of the goods, the buyer may request the replacement of only that part. In the event of withdrawal from the contract, this legal action applies only to the goods to which the defect or exchange relates. In the event of withdrawal from the purchase contract, the seller returns to the buyer all funds, including the costs incurred by the buyer for the delivery of goods, but only in the amount corresponding to the cheapest method of delivery of goods offered by the seller.
11.7. Other
Gifts that are provided completely free of charge cannot be subject to any rights arising from defective performance.
A consignment for which the reason for its sending to the seller is not obvious will be returned to the sender if the data necessary for its return is stated on the consignment.
These Complaints Rules apply only to consumer contracts and obligations arising from them in accordance with the provisions of Section 1810 of the Civil Code. For non- consumer contracts, the general legal regulation applies when exercising the rights arising from defective performance.
The Complaints Procedure is available to the buyer before the purchase of goods. Other rights of the buyer, which are related to the purchase of the item, are not affected.
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement 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 under generally binding legislation.
12.2. 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 agreement or business conditions require a written form.
12.3. Contact details of the seller:
Postal address:
Cavalier Made to Measure s.r.o. nám. Malé
292/5, Liberec 460 01
e-mail address:
info@cavalier.cz
phone number:
+420 777 298 824
The Cavalier team.
