Terms & Conditions

GENERAL TERMS AND CONDITIONS

These general terms and conditions (“Terms”) of

 

ZÁHOŘÍ TRADE s.r.o.,

with its registered office in Bystřice pod Hostýnem, Přerovská 38, ZIP 76861,

Company ID No. 26221756,

registered in the Commercial Register under file No. C 37735 maintained by the Regional Court in Brno,

e-mail info@nightpearl.eu, telephone number +420 573 379 670,

business address Holešovská 1714, 76861 Bystřice pod Hostýnem

("We" or "Seller")

 

regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "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.nightpearl.eu

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here /podminky-ochrany-osobnich-udaju/.

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are written in English. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

As you are aware, we primarily communicate remotely. Therefore, our Agreement also uses means of remote communication that allow us to reach an agreement without the physical presence of both parties, and the Agreement is thus concluded remotely in the E-shop environment via the website interface ("E-shop web interface").

If any part of the Terms and Conditions contradicts what we have mutually agreed upon during your purchase process on our E-shop, this specific agreement shall take precedence over the Terms and Conditions.

1. SOME DEFINITIONS

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

1.2. The Shipping Price is the financial amount you will pay for the delivery of the Goods, including the price for their packaging;

1.3. The Total Price is the sum of the Price and the Shipping Price;

1.4. VAT is value added tax in accordance with applicable law;

1.5. An Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

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

1.7. A User Account is an account created on the basis of the information you provide, which allows you to store the information you have entered and keep a history of the Goods you have ordered and the Contracts you have concluded;

1.8. You are a person shopping on Our E-shop, referred to in legal regulations as a buyer;

1.9. Goods are everything you can buy on the E-shop.

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. Goods can only be purchased via 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 have provided us with in the Order to be correct and true.

2.3. Our E-shop also provides access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, so that we can see the linked order ID for each review in our internal system, enabling us to verify and prove that the review comes from a real consumer.

3. CONCLUSION OF THE CONTRACT

3.1. The contract with us can only be concluded in the Czech language.

3.2. The contract is concluded remotely via the E-shop, and you bear the costs of using remote means of communication. However, these costs do not differ from the basic rate you pay for using these means (i.e., in particular for 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. All presentation of goods in the e-shop is for informational purposes only, it is not a proposal to conclude a contract, and we, as the seller, are not obliged to conclude a contract with you regarding the presented goods.

3.4. In order for us to conclude a Contract, you must create an Order in the E-shop. This proposal must include the following information:

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);

B. Information about the Price, Shipping Cost, method of payment, Total Price, and the desired method of delivery of the Goods; this information will be entered when creating the Order in the E-shop user environment, with information about the Price, Shipping Cost, and Total Price being entered automatically based on the Goods you have selected, the method of delivery, and the method of payment

C. Your identification and contact details used to deliver the Goods, in particular your first name, last name, delivery address, telephone number, and email address.

3.5. During the creation of the Order, you can change and check the data until its completion. After checking by pressing the "Order with obligation to pay" button, you complete the Order. However, before pressing the button, you must confirm that you have read and agree to these Terms and Conditions. 

3.5. During the creation of the Order, you can change and check the data until its completion. After checking by pressing the “Order with obligation to pay” button, you complete the Order. However, before pressing the button, you must confirm that you have read and agree to these Terms and Conditions, otherwise it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After clicking on the “Order with obligation to pay” button, all the information you have entered will be sent directly to us. Once the order has been sent, it is no longer possible to change the order or the information contained therein.

3.6. We will confirm your Order as soon as possible after it is delivered to us by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions in the form of an attachment to the email message. The Terms and Conditions in the version effective on the date of the Order, i.e., in the version attached as an attachment to the confirmation email message, form an integral part of the Contract.

3.7. If we can accept the delivery of the goods specified in the confirmation of your Order in full, the Purchase Agreement between us and you is concluded at the moment when this initial confirmation of order acceptance is delivered to your email address.

3.8. There may also be cases where we are unable to confirm your Order. This applies in particular to situations where the Goods are not available or where you order more items than we are able to supply. If there is any reason why we cannot confirm part of the Order, we will contact you at the contact telephone number provided in the Order and, based on mutual agreement, we will send you an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded when you confirm our offer. If we are unable to confirm even part of the Order, the Contract will not be concluded and the Order will be canceled by Us, of which you will be informed by telephone and by a message sent to the specified e-mail address. If you have already paid part or all of the purchase price, this amount will be transferred back to your bank account.

3.9. If the E-shop or the Order contains an obviously incorrect Price, we are not obliged to deliver the Goods to you at this 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 immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded when you confirm our offer. An obvious error in the Price is, for example, a situation where the Price does not correspond to the usual price at other retailers or where a digit is missing or superfluous.

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

3.11. If you have created a User Account by registering, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating an Order is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.

3.12. In some cases, we allow you to use a discount to purchase Goods. To receive the discount, you must fill in the details of this discount in the designated field when placing your Order. If you do so, the Goods will be provided to you at a discount.

3.13. In exceptional cases, you can place an Order through other means of remote communication, i.e., by telephone or e-mail. The contract is concluded after mutual confirmation of your request.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User Account.

4.2. When registering a User Account, it is your responsibility to provide all information correctly and truthfully and to update it in case of any changes.

4.3. Access to the User Account is secured by a username and password. You are obliged to keep this access information confidential and not to disclose it to anyone. We accept no responsibility in the event of misuse.

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

4.5. We may cancel your user account, especially if you have not used it for more than 5 years or if you violate your obligations under the Agreement.

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

4.7. If you decide to cancel your customer account for any reason, please contact us by email at info@nightpearl.eu or by phone at +420 573 379 670. 

5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

5.1. The price is always stated in 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 in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which shall always be identical to the price in the Contract. The Order proposal also states the Price for transport.

5.2. The total price is stated including VAT and all fees stipulated by law. The total price also includes the costs associated with the delivery of the Goods.
5.3. We will request payment of the Total Price after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:
By bank transfer to the seller's account no. IBAN: CZ65 0300 0000 0003 2840 4252
, SWIFT: CEKOCZPP (CSOB, a.s.). We will send you the payment details in the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 3 days.

A. Cashless payment by credit card or via Google Pay and Apple Pay payment gateways, whereby the payment is governed by the terms and conditions of the payment gateway, which are available at: https://www.globalpayments.cz/cs-cz/podpora/dulezite-dokumenty. In the case of online card payment, the Total Price is payable immediately.

B. Cash on delivery. In this case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.

C. Cash or credit card in case of personal collection at our premises at Holešovská 1714, 768 61 Bystřice pod Hostýnem. In this case, the Total Price is payable upon receipt of the Goods.

5.4. The invoice will be issued after payment of the Total Price and will be sent physically together with the Goods or electronically to your email address.

5.5. Ownership of the Goods is transferred to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account; in other cases, it is paid at the time of payment. The ownership right to Goods paid for through a loan provided by a third party is governed by the GTC of that company, which you received together with the loan agreement.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

6.1. The Goods will be delivered to you according to your choice, and you can choose from the following options:
Personal collection at our premises in Bystřice pod Hostýnem at Holešovská 1714;
Delivery via transport companies GLS, DPD, UPS;
For shipments that exceed the conditions and limits for acceptance for transport specified in point b) of this paragraph due to their nature, size, or weight, transport is automatically assigned during the ordering process.

6.2. Goods can be delivered worldwide in accordance with local laws.

6.3. The delivery time of the Goods always depends on their availability and the selected method of delivery and payment. The estimated delivery date is always stated on the E-shop next to the Goods. In the case of personal collection at the store, we will always inform you about the possibility of picking up the Goods by e-mail or by phone. If no delivery date is specified for the Goods or in the order confirmation, the Goods will be delivered to you without undue delay, but no later than 30 days from the date of conclusion of the purchase contract. If there are extraordinary circumstances that may cause a delay in the delivery of the Goods, you will be informed of these circumstances.

6.4. In the event that we offer you free shipping, the prerequisite for the right to free shipping is the payment of the minimum total purchase price of the Goods as specified in the e-shop's web interface. In the event of a partial withdrawal from the purchase contract between us and you, and the total purchase price of the goods for which the contract has not been withdrawn does not reach the minimum amount required for the right to free shipping according to the previous sentence, your right to free shipping expires and you are obliged to pay us for the shipping of the goods, unless we agree otherwise.

6.5. When ordering multiple items of any goods with different delivery times, the delivery time is governed by the longer delivery time.

6.6. After taking delivery of 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 immediately. In the event of damage to the packaging indicating unauthorized handling and access to the shipment, you are not obliged to take delivery of the Goods from the carrier.

6.7. If you fail to fulfill your obligation to accept the Goods, except in cases specified in Article 6 of the Terms and Conditions, this shall not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute a withdrawal from the Contract between us and you. However, in such a case, we shall be entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we shall be entitled to receive the usual remuneration from you. If we decide to withdraw from the Contract, the withdrawal shall be effective on the day on which we deliver the withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price or the claim for damages, if any.

6.8. If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send you the payment details for these costs to your email address specified in the Contract, and they are payable within 14 days of delivery of the email.

6.9. The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, except in cases under Article 6 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but did not do so for reasons on your part. The transfer of the risk of damage to the Goods means that from that moment on, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

6.10. If the Goods were not listed as in stock in the E-shop and an approximate availability time was given, we will always inform you in the event of:
an extraordinary production outage of the Goods, in which case we will always inform you of the new expected availability time or that it will not be possible to deliver the Goods;
delay in delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of transfer of the risk of damage to the Goods pursuant to Article 7 of the Terms and Conditions, the Goods are free of defects, in particular that the Goods:

A. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;

B. are suitable for the purpose for which you require them and with which we agree;

C. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;

D. are suitable for the purpose for which Goods of this type are normally used;

E. in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, it corresponds to the usual characteristics of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular advertising or labeling;

F. it is delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and

G. it corresponds to the quality or design of a sample or model that was provided to you before the conclusion of the contract.

7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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. In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 1 are not met, you may notify us of such a defect and exercise your rights arising from defective performance (i.e. complain about the Goods) by sending an email or letter to our addresses listed in our identification details, or in person at Holešovská 1714, Bystřice pod Hostýnem. You can also use the sample form provided by Us, which forms Annex 1 to the Terms and Conditions, to make a complaint. When exercising your rights arising from defective performance, you must choose how you want the defect to be resolved, and you cannot subsequently change this choice without Our consent. We will handle the complaint in accordance with the rights arising from defective performance that you have exercised.

7.4. If the Goods are defective, you have the following rights:

A. to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods; or

B. to have the defect removed by repairing the Goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulty for you.

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

7.6. You also have the right to:

A. a reasonable discount on the Price; or
B. withdraw from the Contract,

if:
A. we refuse to remove the defect or do not remove it in accordance with the law;
B. the defect recurs,
C. the defect constitutes a material breach of the Contract; or
D. it is clear from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

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

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

7.9. Wear and tear of the Goods caused by normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use, does not constitute a defect in the Goods.

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

A. the date on which you filed the complaint;
B. the content of the complaint;
C. how you want the complaint to be handled;
D. your contact details for the purpose of providing information about the settlement of the complaint.

7.11. Unless we agree on a longer period, we will remedy the defects within 30 days of receiving the complaint and provide you with information about the settlement of the complaint to the contact details provided. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.

7.12. We will inform you about the settlement of the complaint and issue you a confirmation of the date and method of settlement. If the complaint is justified, you are entitled to reimbursement of reasonable expenses. You are required to provide proof of these expenses, e.g., receipts or confirmations of shipping costs. If the defect has been remedied by the delivery of new Goods, you are obliged to return the original Goods to us, but we will cover the costs of this return.

7.13. If you are an entrepreneur, you are obliged to report and point out the defect without undue delay after you have discovered it, but no later than three days after taking delivery of the Goods.

7.14. If you are a consumer, you have the right to exercise your rights arising from defective performance in the case of a defect that occurs in consumer Goods within 24 months of receipt of the Goods. If the defect becomes apparent within 1 year of receipt, it is assumed that the item was defective at the time of receipt, unless the nature of the goods or the defect precludes this.

7.15. The seller or another person may also provide you with a quality guarantee beyond the scope of your statutory rights arising from defective performance. In such a case, you will be provided with a warranty card or the length of the warranty will be indicated in writing in another way, e.g. on the tax document.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article or in other provisions of the Terms and Conditions in which 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 activities, you have the right, in accordance with the provisions of Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or in the case of the purchase of goods, within fourteen days of their receipt. If we have concluded a Contract for several items of Goods or the delivery of several parts of Goods, this period shall commence 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 shall commence 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 email or letter to Our addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex 2 to the Terms and Conditions, to withdraw from the Contract.

8.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject matter of the Contract is performance specified in Section 1837 of the Civil Code, including, but not limited to,

A. goods manufactured according to the buyer's requirements or tailored to their personal needs,
B. goods that are subject to rapid deterioration or goods with a short shelf life, as well as goods that, due to their nature, have been irrevocably mixed with other goods after delivery,
C. goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the buyer has broken the seal, and

8.5. The withdrawal period under Article 2 of the Terms and Conditions shall be deemed to have been observed if you send us a notice of withdrawal from the Contract during that period.

8.6. In the event of withdrawal from the Contract under Article 2 of the Terms and Conditions, you are obliged to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to a refund of the shipping costs, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to our breach of the concluded Contract, we will also cover the costs associated with returning the Goods to us, but again only up to the amount of the shipping costs corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods.

8.8. In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, you are liable to us for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in the manner in which you would familiarize yourself with the Goods in a brick-and-mortar store. In the event of the return of Goods whose value has been reduced for the reasons stated in the previous sentence, we may claim compensation from you up to the amount of the damage or wear and tear, and the amount of this compensation may be deducted from the Price to be refunded to you.

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 (in particular reasons on the part of third parties or reasons related to the nature of the Goods). We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

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 email address info@nightpearl.eu. We will send information about the handling of the complaint to the buyer's email address.

9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

10. FINAL PROVISIONS

10.1. If Our and Your legal relationship contains an international element (i.e., for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are consumers, this agreement does not affect your rights under the law.

10.2. We will deliver all written correspondence to you by e-mail. Our e-mail address is listed in Our identification details. We will deliver correspondence to your e-mail address listed in the Contract, in Your User Account, or through which You contacted Us.

10.3. The Agreement may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms and Conditions, but such amendment shall not affect Agreements already concluded, but only Agreements that will be concluded after the effective date of such amendment. However, we will only inform you of the change if we are to deliver Goods to you regularly and repeatedly under the Agreement. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive a notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period in the event that you give notice of termination is 2 months.

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

10.5. A sample complaint form and a sample form for withdrawal from the Contract are attached to the Terms and Conditions.

10.6. The Contract, including the Terms and Conditions, is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract even without our cooperation. We recommend that you always save the Order confirmation and the Terms and Conditions.

10.7. These Terms and Conditions shall enter into force on July 25, 2025.