Terms and Conditions

These general terms and conditions (“Terms”) of Designo Magia s.r.o., with its registered office at Vsetínská 1056, 768 61 Bystřice pod Hostýnem, Company ID: 04368398, registered in the Commercial Register under File No. Section C, Insert 89553 maintained by the Regional Court in Brno, e-mail info@bigcarp.cz, telephone number +420 774 693 329, place of business Big Carp, Nádražní 450, 768 61 Bystřice pod Hostýnem (“We” or “Seller”) regulate in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase contract (“Contract”) concluded through the e-shop on the website www.bigcarp.cz.

All information on the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here: www.bigcarp.cz.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms.

As you certainly know, we communicate primarily remotely. Therefore, our Contract is also concluded using means of distance communication, which allow us to agree together without our and your simultaneous physical presence, and the Contract is thus concluded remotely within the environment of the e-shop, through the website interface (“e-shop web interface”).

If any part of the Terms conflicts with what we have jointly approved during the process of your purchase on our e-shop, that specific agreement shall take precedence over the Terms.

1.1.    Price is the monetary amount you will pay for the Goods;

1.2.    Delivery Price is the monetary amount you will pay for delivery of the Goods, including the cost of packaging;

1.3.    Total Price is the sum of the Price and the Delivery Price;

1.4.    VAT is value added tax under applicable legal regulations;

1.5.    Invoice is a tax document issued in accordance with the VAT Act for the Total Price;

1.6.    Order is your binding proposal to conclude a Contract with us for the purchase of the Goods;

1.7.    User Account is an account created on the basis of the data you provide, which allows the storage of entered data and the history of ordered Goods and concluded Contracts;

1.8.    You are the person purchasing on our e-shop, referred to by legal regulations as the buyer;

1.9.    Goods means everything you can purchase in the e-shop.

2.1.    The purchase of Goods is only possible through the e-shop web interface.

2.2.    When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us in the Order to be correct and truthful.

2.3.    In our e-shop, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking the review to a specific order, therefore in the internal system we can also see the linked order ID for each review, and thus we are able to verify and prove that the review comes from a real consumer.

3.1.    The Contract with us may only be concluded in the Czech language.

3.2.    The Contract is concluded remotely through the e-shop, while the costs of using means of distance communication are borne by you. However, these costs do not differ in any way from the basic rate you pay for using these means (in particular internet access), so you should not expect any additional costs charged by us beyond the Total Price. By sending the Order, you agree that we use means of distance communication.

3.3.    In order for us to conclude the Contract, it is necessary that you create an Order in the e-shop. This proposal must contain the following information:

1. a) Information about the Goods being purchased (in the e-shop you mark the Goods you are interested in purchasing with the “Add to Cart” button);
2. b) Information about the Price, Delivery Price, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered when creating the Order within the user environment of the e-shop, while information about the Price, Delivery Price and Total Price will be indicated automatically based on the Goods, delivery method and payment method chosen by you;
3. c) Your identification and contact details used so that we can deliver the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address.

3.4.    During the creation of the Order, you may change and check the data until the moment the Order is completed. After checking, you complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, you must confirm that you have familiarized yourself with and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to us.

3.5.    We will confirm your Order to you as soon as possible after it has been delivered to us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms effective on the date of the Order, i.e. as attached to the confirmation e-mail, form an integral part of the Contract. The Contract between us and you is concluded upon confirmation of the Order.

3.6.    There may also be cases where we cannot confirm the Order. These are mainly situations where the Goods are unavailable or cases where you order a larger number of units of the Goods than is allowed on our part. However, we will always provide you in advance within the e-shop with information about the maximum number of Goods, so this should not come as a surprise to you. If any reason occurs for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.

3.7.    If an obviously incorrect Price is stated within the e-shop or in the Order, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, we will contact you without undue delay and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded when you confirm our offer. An obvious pricing error is, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or in excess.

3.8.    If the Contract is concluded, you are obliged to pay the Total Price.

3.9.    If you have created a User Account (“Registration”), you may place the Order through it. Even in such a case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. The method of creating the Order is, however, identical to that of a buyer without a User Account, the advantage being that it is not necessary to repeatedly fill in your identification details.

3.10.   In some cases, we allow you to use a discount for the purchase of Goods. In order to apply the discount, you must enter the relevant discount details into the designated field within the Order proposal. If you do so, the Goods will be provided to you with the discount.

4.1.    Based on your registration in the e-shop, you may access your User Account.

4.2.    When registering a User Account, you are obliged to enter all requested information correctly and truthfully and to update it in the event of any change.

4.3.    Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not provide them to anyone. If they are misused, we bear no responsibility for this.

4.4.    The User Account is personal, and you are therefore not authorized to allow third parties to use it.

4.5.    We may cancel your User Account, especially if you do not use it for more than 36 months or if you breach your obligations under the Contract.

4.6.    The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.

5.1.    The Price is always stated within the e-shop, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the e-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, and it will always be identical to the price in the Contract. The Delivery Price, or the conditions under which delivery is free, are also stated within the Order proposal.

5.2.    The Total Price is stated including VAT and all fees prescribed by law.

5.3.    We will require payment of the Total Price from you after the conclusion of the Contract and before the Goods are handed over. You may pay the Total Price in the following ways:

1. a) By bank transfer. We will send you payment details in the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 7 days from the sending of the payment details by e-mail.
2. b) By online card payment. In such case, the payment is made through the Comgate payment gateway, and the payment is governed by the terms of this gateway, available at: www.comgate.cz. In the case of online card payment, the Total Price is due within 2 minutes after redirection to the payment gateway.
3. c) Cash on delivery. In such case, the payment will be made upon delivery of the Goods against handover of the Goods. In the case of payment by cash on delivery, the Total Price is due upon receipt of the Goods. The maximum cash on delivery amount is CZK 3,500. For orders over CZK 3,500, another method of payment will be automatically offered.
4. d) In cash upon personal collection. The Goods may be paid in cash when collected at our place of business. In the case of payment in cash upon personal collection, the Total Price is due upon receipt of the Goods.

5.4.    The Invoice will be issued in electronic form after payment of the Total Price and sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.

5.5.    Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid upon credit to our account; in other cases it is paid at the moment the payment is made.

6.1.    Goods in stock will be delivered to you no later than within 7 working days by the method of your choice, whereby you may choose from the following options:

1. a) Personal collection at our place of business Big Carp, Nádražní 450, 768 61 Bystřice pod Hostýnem;
2. b) Personal collection at pickup points of Balíkovna, GLS Parcel Shop, DPD Pickup;
3. c) Delivery through transport companies GLS, DPD;

6.2.    Goods can be delivered within the Czech Republic, the Slovak Republic and Poland.

6.3.    The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the place of business, we will always inform you by e-mail of the possibility of collecting the Goods.

6.4.    Upon receiving the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and us without delay. If there is damage to the packaging indicating unauthorized handling and access to the shipment, you are not obliged to take over the Goods from the carrier.

6.5.    If you breach your obligation to take over the Goods, except in cases under Article 6.4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to take over the Goods does not constitute withdrawal from the Contract between us and you. However, in such case, we are entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to remuneration from you in the amount of CZK 1,000. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver such withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Delivery Price or any claim for damages, if any arise.

6.6.    If, for reasons arising on your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send you payment details for these costs to your e-mail address specified in the Contract, and they are due within 14 days from delivery of the e-mail.

6.7.    The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in cases under Article 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your side the takeover did not occur. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with the loss, destruction, damage or any deterioration of the Goods.

6.8.    If the Goods were not stated as in stock in the e-shop and an indicative availability period was stated, we will always inform you in the event of:

1. a) an extraordinary production outage of the Goods, whereby we will always tell you the new expected availability time or information that it will not be possible to deliver the Goods;
2. b) delay in delivery of the Goods from our supplier, whereby we will always tell you the new expected delivery time.

7.1.    We guarantee that at the time the risk of damage to the Goods passes under Article 6.7 of the Terms, the Goods are free from defects, in particular that the Goods:

1. a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
2. b) are suitable for the purpose for which you require them and with which we agree;
3. c) are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
4. d) are suitable for the purpose for which goods of this kind are usually used;
5. e) by quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same kind which you may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially by advertising or labelling;
6. f) are delivered with accessories, including packaging, assembly instructions and other instructions for use, which you may reasonably expect; and
7. g) correspond in quality or design to the sample or model provided to you before the conclusion of the contract.

7.2.    The rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.3.    If the Goods have a defect, i.e. especially if any of the conditions under Article 7.1 is not met, you may notify us of such defect and exercise your rights arising from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to our addresses stated in our identification details, or personally at Big Carp, Nádražní 450, 768 61 Bystřice pod Hostýnem. For complaints, you may also use the sample form provided by us, which forms Annex No. 1 to the Terms. When exercising the right arising from defective performance, it is necessary to choose how you want the defect to be resolved, and you may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right arising from defective performance exercised by you.

7.4.    If the Goods have a defect, you have the following rights:

1. a) to removal of the defect by delivery of new defect-free Goods, or by delivery of the missing part of the Goods; or
2. b) to removal of the defect by repair of the Goods,

unless the chosen method of removing the defect is impossible or disproportionately costly in comparison with the other method, which shall be assessed especially with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without considerable difficulty for you.

7.5.    We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.

7.6.    You also have the right to:

1. a) a reasonable discount on the Price; or
2. b) withdraw from the Contract,

if:

1. a) we refuse to remove the defect or fail to remove it in accordance with legal regulations;
2. b) the defect occurs repeatedly,
3. c) the defect constitutes a material breach of the Contract; or
4. d) it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without considerable difficulty for you.

7.7.    The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.

7.8.    If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.

7.9.    A defect in the Goods is not wear and tear caused by normal use or, in the case of used Goods, wear and tear corresponding to the degree of their previous use.

7.10.   When making a complaint, we will issue you a written confirmation stating:

1. a) the date on which you made the complaint;
2. b) what the complaint contains;
3. c) what method of handling the complaint you request;
4. d) your contact details for the purpose of providing information on the handling of the complaint.

7.11.   Unless we agree on a longer period, within 30 days from receipt of the complaint we will remove the defects and provide you with information about the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.

7.12.   We will inform you of the handling of the complaint by e-mail and issue you confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. by receipts or confirmations of delivery charges. If the defect has been remedied by delivery of new Goods, you are obliged to return the original Goods to us, but we bear the costs of such return.

7.13.   If you are an entrepreneur, you are obliged to notify and claim the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.

7.14.   If you are a consumer, you have the right to exercise rights arising from defective performance in the event of a defect that appears in consumer Goods within 24 months of taking over the Goods.

8.1.    Withdrawal from the Contract, i.e. termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the ways stated in this Article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

8.2.    If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or, if it concerns the purchase of goods, within fourteen days from receipt thereof. If we have concluded a Contract the subject matter of which is several units of Goods or delivery of several parts of Goods, this period begins on the date of delivery of the last item or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins on the date of delivery of the first delivery.

8.3.    You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to our addresses listed in our identification details). For withdrawal, you may also use the sample form provided by us, which forms Annex No. 2 to the Terms.

8.4.    However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is performance listed in Section 1837 of the Civil Code.

8.5.    The withdrawal period under Article 8.2 of the Terms shall be deemed preserved if, within this period, you send us a notice that you are withdrawing from the Contract.

8.6.    If you withdraw from the Contract under Article 8.2 of the Terms, you are obliged to send the Goods back to us within 14 days from the withdrawal and you bear the costs associated with returning the goods to us. You are, on the other hand, entitled to us refunding the Delivery Price, but only in an amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. If you withdraw because we have breached the concluded Contract, we will also bear the costs associated with returning the goods to us, but again only up to the amount of the Delivery Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.

8.7.    In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the notice of withdrawal. However, the amount will not be returned before we receive the Goods or you prove to us that the Goods have been sent back to us. Please return the Goods to us clean and, if possible, including the original packaging.

8.8.    In the event of withdrawal from the Contract under Article 8.2 of the Terms, however, you are liable to us for any decrease in the value of the Goods resulting from handling the Goods in a manner other than necessary for you to familiarize yourself with the nature, properties and functionality of the Goods, i.e. in the manner in which you would familiarize yourself with the Goods in a brick-and-mortar shop. If we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the refund of the Price.

8.9.    We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period stated in Article 6.1 of the Terms. We may also withdraw from the Contract if it is obvious that you intentionally provided incorrect information in the Order. If you purchase goods within the scope of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving any reason.

9.1.    We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2.    We handle consumer complaints via the electronic address info@bigcarp.cz. Information on the handling of the complaint will be sent to the buyer's electronic address.

9.3.    The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer who is a consumer under a purchase contract concluded by electronic means.

9.4.    The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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 consumer ODR).

10.1.   If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this agreement.

10.2.   We will deliver all written correspondence to you by electronic mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.

10.3.   The Contract may only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms, but this change shall not affect already concluded Contracts, only Contracts that will be concluded after this change becomes effective. However, we will inform you of the change only if you have a User Account (so that you have this information in the event that you order new Goods; however, the change does not establish a right of termination, since we have not concluded a Contract that could be terminated), or if under the Contract we are to deliver Goods to you regularly and repeatedly. We will send information about the change to your e-mail address at least 14 days before the change becomes effective. If within 14 days from the sending of the information about the change we do not receive from you a notice terminating the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. In the event that you give notice, the notice period is 2 months.

10.4.   In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the state of force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Contract.

10.5.   Attached to the Terms is a sample complaint form and a sample withdrawal form.

10.6.   The Contract, including the Terms, is archived in electronic form by us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the summary of the Order by e-mail and will therefore always have access to the Contract even without our cooperation. We recommend always saving the Order confirmation and the Terms.

10.7.   These Terms become effective on 1 August 2023.

Addressee: Big Carp, Nádražní 450, 768 61 Bystřice pod Hostýnem.

Lodging a complaint

At the same time, I request the issuance of confirmation of the complaint, stating when I exercised this right, what the complaint contains, what method of handling the complaint I request, together with my contact details for the purpose of providing information on the handling of the complaint.

Addressee: Designo Magia s.r.o., Vsetínská 1056, 768 61 Bystřice pod Hostýnem.

I hereby declare that I withdraw from the Contract:

If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop of Designo Magia s.r.o., Vsetínská 1056, 768 61 Bystřice pod Hostýnem (“Company”) or by another means of distance communication, except for cases listed in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of conclusion of the contract, or, if it concerns the purchase of goods, within fourteen days from receipt thereof. In the case of a contract the subject matter of which is several items of goods or delivery of several parts of goods, this period begins on the date of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, on the date of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the address of the Company's place of business or electronically to the e-mail address stated on the sample form.

If a buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than within 14 days from withdrawal from the purchase contract, the goods that they received from it.

If a buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, no later than within 14 days from withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including delivery costs that it received from them under the purchase contract, in the same manner. If the buyer chose a delivery method other than the cheapest method of delivery of the goods offered by the Company, the Company shall return to the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest offered delivery method. The Company is not obliged to return the received funds to the buyer before it receives the goods back or before the buyer proves that they sent the goods to the Company.