General terms and conditions

Delger.cz


You are currently reading the general terms and conditions (" Terms ") company, ID: 22628339, with its registered office at Opuková 562, 252 67, Tuchoměřice, registered in the trade register kept by the Černošice Municipal Office (" we ").

What is the purpose of the E-shop? Through the website www.delger.cz, we operate an e-shop with clothing and our other products (" E-shop "), where you, as the buyer (" you "), can order our goods, as the seller. Through the E-shop, we therefore conclude a purchase contract (" Agreement ").

What will I learn in the Terms and Conditions? These Terms and Conditions govern our mutual relations when purchasing from our E-shop. We recommend that you read the Terms and Conditions in full. The most important thing you should definitely know is:

·             We value our customers and always strive to achieve a solution that will satisfy both you and us.

·             The Contract is concluded at the moment of sending the Confirmation of Acceptance of the Order.

·             If you are not satisfied with the goods, you may (if you are a consumer) withdraw from the Contract within 30 days of receiving them. You do not have to tell us the reason for the return, but we will be happy to hear it so that we can improve our services. If you wish to exercise your right to withdraw from the Contract, please fill out THIS online form. You can also withdraw from the Contract within 30 days by any other clear statement to us. Further information on withdrawal can be found below in Article 4 of the Terms.

·             We do everything we can to ensure that complaints are dealt with fairly and as quickly as possible. Details on complaints can be found below in Article 5 of the Terms and Conditions.

·             When you receive your package from the carrier, it's best to check the packaging for damage. It doesn't happen often, but it's always a good idea to be safe.

·             Your personal data is safe with us. You can learn more about how we process it here .

Do you have any questions? If necessary, please contact us. You can use the following information:

https://delger.cz/

address:   Opuková 562, Tuchoměřice

e-mail:    info@delger.cz

phone: (+420) 774 605 305

1.           How to order our goods and how to conclude a Contract with us?

1.1.       Selecting goods. You can add goods from the E-shop to your cart by clicking on the shopping cart icon.

1.2.       Ordering goods.  The goods can be ordered via a form on the E-shop, which mainly contains information about the nature of the goods, the price and its payment method , and shipping costs (" Order"). " ). Before submitting the Order, you can freely check and change any data. Submit the Order by clicking on the "ORDER and PAY" button. We consider the data provided in the Order to be correct. It is necessary that you fill in all your data before submitting the Order and confirm that you have read these Terms and Conditions, agree with them and undertake to comply with them.

1.3.       Order Confirmation. After receiving the Order, we will confirm its receipt by e-mail (“ Confirmation ”) and together with the Confirmation we will send you these Terms in pdf format. The Contract is concluded at the moment of sending the Confirmation of receipt of the Order . In the event of an unusual nature of the Order (for example, when ordering an unusually large number of items of clothing), we are entitled to ask you for additional confirmation of the Order, in which case the Contract between us is concluded at the moment of receiving your confirmation.

 

1.4.       Data in the Order. You are obliged to provide true and complete information in the Order; in the event of incomplete or false information, we are not liable for any damage caused by this. You are responsible for updating all your data and, in the event of any change, you are obliged to notify us of such a change if it may still affect the Contract. If you do not notify us of the changes and, for example, an unauthorized person takes over, you unfortunately bear all risks associated with this , including the obligation to pay the Price incl. delivery costs.

1.5.       Costs of long-distance communication. You are responsible for any costs you incur in connection with long-distance communication, such as the cost of an internet connection. These costs are no different from the basic rate of your operator or internet connection provider.

2.           How can you pay for the goods?

2.1.       Price and VAT. We are not VAT payers. Therefore, VAT is not added to the price of goods listed on the E-shop and it is the final price including all other taxes and fees (" Price "). If we become VAT payers in the course of our activities, the price listed on the E-shop will always be inclusive of VAT.

2.2.       Payment method. You can pay the price and any costs associated with delivery from God in the following ways:

and)           online payment card;

b)           using the Google Pay or Apple Pay payment method.

2.3.       The moment of payment. We consider the price to be paid when the relevant amount is credited to our account or when we receive confirmation of the transaction. We will ship the goods immediately thereafter, unless otherwise agreed.

2.4.       Invoice . For each payment, we will issue you an invoice (tax document), which always meets the requirements of legal regulations. We will send it to you to the email address you provided in the Order.

2.5.       Error in Price . If there is an obvious error in the stated Price (e.g. from God, which we sell in the E-shop for less than 10% of the usual price), we are not obliged to deliver from God with such an obviously erroneously stated Price . If a Contract has already been concluded between us with such an erroneous Price, we are entitled to withdraw from the Contract. We will of course inform you of the error without undue delay and will send you an amended offer by e-mail. This is considered a new draft Contract, and in such a case the Contract is concluded only upon your confirmation that you agree with the new Price.

2.6.       Ownership by right. The goods remain our property until the Price is paid in full and you are not entitled to dispose of them in any way, transfer them to third parties or encumber them with the rights of third parties.

3.           How and when will we deliver the goods to you and how will you receive them?

3.1.       Delivery methods. We offer the following delivery methods :

and)           to the address you entered via the carrier Zásilkovna, PPL, DPD, Czech Post;

b)           to your chosen delivery point of the carrier Zásilkovna; PPL, DPD ;

C)           another, individually agreed delivery method.

3.2.       Delivery time . If you are a consumer and we do not agree otherwise, we will deliver the goods to you no later than 30 days from the conclusion of the Contract, otherwise you may withdraw from the Contract.

3.3.       If the item is out of stock. We reserve the right to withdraw from the Contract due to out of stock, unavailability of the item or if the manufacturer, importer or supplier of the item has discontinued production or import of the item. In such a case, we will inform you immediately by e-mail and within 14 days we will refund all funds, including delivery costs, that we have received from you under this Contract, in the same manner or in a manner that we agree upon.

3.4.       Shipping costs . The price of shipping costs is stated in the Order and is paid by you, unless we agree otherwise.

3.5.       Obligation to take over from God. You undertake to take over from God properly. In the event that you do not take over from God, we are entitled to demand compensation from you for the damage incurred, including additional costs that we incur as a result.  The moment you fail to take over the property, the risk of damage to the property passes to you at the moment you should have taken it over and did not .

3.6.       Inspection upon receipt. When receiving the shipment, we recommend that you check its condition. If the shipment is damaged or has other obvious defects, you can refuse to accept the shipment or draw up a report on the delivery of the shipment with reservations with the carrier. Please inform us of the damage found and, if possible, document the damage. If you are a business, you are obliged to check the shipment within 3 working days.

3.7.       Delivery in the event of unforeseen events. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are entitled to extend the delivery date due to force majeure by the duration of the force majeure, and we are not liable to you for any damage incurred due to late delivery due to force majeure.

3.8.       Change of transport methods. In the event of overloading of the carriers' capacities or inappropriate selection of the type of transport that does not correspond to the characteristics of the shipment, we are entitled to change the method of transport at our best discretion, or use our own transport. We will inform you of this change by e-mail.

4.           When can you, as a consumer, withdraw from the Contract without reason?

4.1.       Withdrawal from the Contract. This article of the Terms and Conditions applies only to consumers. As a consumer, you have the right to withdraw from a Contract concluded via the Internet , telephone or e-mail, usually within 14 days of receipt of the goods. We extend this period to 30 days from receipt of the goods. If we send you the goods in several shipments, the period is calculated from the receipt of the last shipment .

4.2.       Exceptions. Please note that you do not have the right to withdraw from the Contract under this clause of the Terms and Conditions in the event of:

and)           when the goods have been customized according to your wishes or for your person;

b)           if the goods have been irreversibly mixed with other goods after delivery;

C)            if the goods are in sealed packaging, which you have removed from this packaging and cannot be returned for hygiene reasons or for health protection reasons.

4.3.       How you can withdraw. If you want to withdraw from the Agreement, you can use THIS online form. You can also withdraw from the Agreement under this article of the Terms by any unambiguous statement to us.

4.4.       Inspection by God. You may try the goods (except for the exceptions listed above), but only to familiarize yourself with their nature, properties and functionality in a manner similar to how you would try them in a store. Do not remove the tags from the clothes, do not wash them. If you try on or use the goods more than in accordance with this paragraph and by handling them you reduce their value in any way, we may refund you the amount less our costs to restore the goods to their original condition. And if the goods can no longer be restored to their original condition, we may refund you the amount less the amount by which the value of the goods has decreased.

4.5.       Consequences of withdrawal according to this article of the Terms . In case of withdrawal from the Contract, the Contract is cancelled from the beginning. This means that you return the goods to us and we will refund the paid Price including the lowest postage that we offer. You must send the goods to us within 14 days of withdrawal from the Contract. You will pay the costs of sending the goods back to us. The goods, including any gifts, must be sent or personally delivered to our address . Please do not send the goods to us on delivery.

4.6.       Refund of the Price. In the event of withdrawal from the Contract, we will refund the Price to you in the same way as we originally accepted it from you. However, we may also agree on a different refund of the Price. We will refund the Price to you within 14 days from the moment you withdrew from the Contract. However, we may withhold payment until we receive the returned goods or until you prove to us that you have sent the goods (for example, by confirmation from the carrier).

4.7.       Gifts. If we sent you any other free performance - a gift - together with the goods, you must also return this free performance in the event of withdrawal from the Contract .

5.           What if the goods are defective?

Complaints rules

5.1.       What we are responsible for. We are responsible to you for the fact that the goods are free from defects upon receipt. In particular, we are responsible for the fact that the goods are :

and)           corresponds to the agreed description, type and quantity as well as quality, functionality and other agreed properties;

b)           it is suitable for the purpose for which you request it and to which we have agreed;

C)            It is supplied with the agreed accessories and instructions for use, if necessary.

5.2.       What are we further responsible for ? We are further responsible for the fact that, in addition to the agreed properties:

and)           the goods are suitable for the purpose for which goods of this type are usually used;

b)           the goods, in terms of quantity, quality and other characteristics, including durability, functionality and safety, correspond to the usual characteristics of things of the same type that you can reasonably expect. This reasonable expectation is also assessed with regard to how we or third parties advertise and claim about the goods;

C)            the goods are delivered with accessories, including packaging and other instructions for use that you can reasonably expect (such as information on clothing maintenance);

d)           the goods correspond in quality or design to the sample or template that we provided to you before concluding the Contract.

We are not liable for the last four points if we specifically warned you before concluding the Contract that a certain property differs from God's, and you expressly agreed to this when concluding the Contract.

5.3.       Defective goods . If you purchased a product that was defective and was discounted due to its defect, we are not responsible for this defect, which made the product cheaper. However, we are responsible for other defects on such a product .

5.4.       Period for filing a complaint. If you are a consumer, you can file a complaint within two years of receipt of the goods. If the defect becomes apparent within one year of receipt, the goods are deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which you cannot use the item if you have rightfully complained about the defect (for example, for the period during which we have the goods with us and are assessing the legitimacy of the complaint). Different rules apply to buyers who are entrepreneurs, as defined below.

5.5.       When you do not have the right to complain. You do not have rights from defective performance if you caused the defect yourself (e.g. you tore a sweater). A defect in the goods is not normal wear and tear from normal use or a defect caused by you mishandling the goods (e.g. you did not follow the instructions on the label when washing the clothes).

How to exercise rights arising from defective performance ?

5.6.       Method of complaint. You can make a complaint, for example, by e-mail or letter.

5.7.       What the claim must contain. The form or cover letter for your claim must contain the following:

and)           your contact details,

b)           description of the defect (e.g. the sweater is steaming),

C)            request for a method of handling the complaint (e.g. I request that my sweater be repaired)

d)            proof of purchase of goods (preferably by attaching a proof of purchase).

5.8.       Sending from God. Send the goods that you believe are defective to us , together with the form or cover letter, to the above address. The goods should be packed in suitable packaging during transport to prevent damage , they must be clean and complete so that we can properly assess the complaint. Otherwise, we are not obliged to deal with the complaint and from God we will send it back at your expense.

5.9.       What you can request. If the goods have a defect, you can request its removal. At your option, you can request:

and)           delivery of a new item without defects; or

b)           repair the thing,

However, if the method of removing the defect chosen by you is impossible for us or is disproportionately expensive compared to the other method, we may refuse to remove the defect, especially with regard to the significance of the defect and the value that the goods would have without the defect.

5.10.    Discount and withdrawal from the Contract. In these cases, you may request a reasonable discount on the Price or withdraw from the Contract:

and)           if we refused to remove the defect or failed to remove it within a reasonable time after being notified of it in a way that would not cause you significant inconvenience;

b)           when the defect appears repeatedly, meaning three times or more;

C)            if the defect is a material breach of the Contract (a material breach is one that we knew or should have known about, and you would not have entered into the Contract if you had known about it in advance).

d)           when it is obvious from our statement or the circumstances that we will not remedy the defect within a reasonable time or without significant inconvenience to you.

However, you cannot withdraw from the Contract unless the defect in the goods is significant.

5.11.  Complaints and Price. If you are a consumer, you do not have to pay us the outstanding Price or part thereof until we have fulfilled our obligations arising from the defective performance.

5.12.    Complaints and entrepreneurs. If you have concluded the Contract as an entrepreneur (not as a consumer), and the delivered goods have defects, you are obliged to notify us within 3 working days of receiving them . You are also obliged to attach photographs proving the defect to this notification. You are then obliged to send the goods back to us within another 5 working days (unless we agree on another way to resolve the complaint).

How to handle a complaint?

5.13.    Confirmation of receipt of the complaint. When you make a complaint, we will issue you with an electronic confirmation stating the date you made the complaint, its content, the method of handling the complaint you request, and your contact details so that we can inform you about the handling of the complaint.

5.14.    Deadline for handling complaints. If you are a consumer, we will handle your complaint (including removing the defect) within 30 days of your submission and inform you about it. We can also agree on a longer deadline. If we do not meet the 30-day deadline, you can withdraw from the Contract or request a reasonable discount. If you are a business, we will handle your complaint as soon as possible, but we do not have a fixed deadline for this.

5.15.    Confirmation of claim settlement . After settling the claim, we will issue you with an electronic confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or a written confirmation of the claim rejection.

5.16.    Reimbursement of the costs of a complaint . If you are a consumer, you have the right to reimbursement of the costs reasonably incurred in making a complaint (the lowest possible). You must request reimbursement of the costs no later than one month from the end of the period for notifying a defect, otherwise they may not be granted to you. As an entrepreneur, you do not have this right.

6.           What other rights and obligations do we have for each other?

6.1.       Complaints. We handle your complaints via the contact email address. We will send you information about the handling of your complaint to your email address.

6.2.       The Czech Trade Inspection Authority is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract, with its registered office at Gorazdova 1969/24, 120 00, Prague 2, Company ID: 000 20 869, internet address: www.adr.coi.cz . The resolution will only be initiated at your request, if it is not possible to resolve the dispute directly with us. You can submit a proposal no later than 1 year from the date on which you first exercised your right with us.

6.3.       European Dispute Resolution Platform. European Dispute Resolution Platform. When resolving disputes under the Contract, it is possible to use the online platform located at the Internet address http://ec.europa.eu/consumers/odr .

6.4.       Authorizations and authorities. We are authorized to sell goods based on a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

6.5.       We communicate by email. We can deliver all written correspondence via electronic mail.

7.           Final provisions

7.1.       Relationship of the Terms and Conditions and the Contract. These Terms apply to Contracts concluded between us and you through the E-shop . These Terms and Conditions are an integral part of the Contract. In the event of a conflict between the Terms and Conditions and the Contract, the provisions contained in the Contract shall prevail.

7.2.       Language and Governing Law. These Terms and Conditions are in the Czech language and the Contract between us is also concluded in the Czech language. The Contract and the Terms and Conditions are governed by Czech law. This includes, in particular, Act No. 89/2012, Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection (if you are a consumer). If the relationship established by the Contract (including the Terms and Conditions) contains a foreign (international) element, then we have agreed that the relationship is governed by Czech law. This does not affect the rights you have as a consumer under applicable legal regulations.

7.3.       Amendments and supplements to the Terms. We may amend and supplement these Terms and their wording, and you can always find their current wording on the E-shop. If we have concluded a Contract with you during the period of validity of the previous terms, these changes only apply to new purchases .

7.4.       Archiving the Contract. We will send you confirmation of the conclusion of the Contract by e-mail. We archive the Contract itself, including these Terms and Conditions, in electronic form and it is not publicly available. If you need it, write to us and we will be happy to send it to you.

7.5.       Interventions in the E-shop. We bear no responsibility for errors resulting from interventions by third parties in the E-shop or as a result of its use contrary to its intended purpose.

7.6.       Force Majeure. In the event of force majeure, we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure lasts for more than 10 days, we are entitled to withdraw from the Contract.

These Terms and Conditions are valid from 10. 5. 2025

Terms and conditions valid until 10. 5. 2025 can be found here here