Terms and Conditions

Ashariya brand with registered office at V.P.Čkalova 387/7, Prague 6, 16000, identification number: 21333211, (hereinafter referred to as the "seller") for the sale of goods through the online store located at www.ashariya.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") regulate, in accordance with the provisions of § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person – consumer (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.ashariya.cz (hereinafter referred to as the "online store").

1.2. The terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within their business activity or independent profession.

1.3. Provisions deviating from the terms and conditions can be agreed upon in the purchase contract. Deviating agreements 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 contract. The purchase contract and the terms and conditions are drafted in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.

2. USER ACCOUNT 

2.1. Based on the buyer's registration made on the online store, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the online store allows, the buyer can also place orders without registration directly from the online store.

2.2. When registering on the online store and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer must update the data in their user account whenever it changes. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller. The seller is not responsible for any misuse of the customer account by third parties. 

2.3. Access to the user account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access their user account.

2.4. The buyer is not authorized to allow third parties to use the user account.

2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than two years, or if the buyer breaches their obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.

3. CONCLUDING THE PURCHASE CONTRACT

3.1. All product presentations placed on the online store are for informational purposes only, and the seller is not obliged to conclude a purchase contract regarding these goods. The provision of § 1732 paragraph 2 of the Civil Code does not apply.

3.2. The online store contains information about the goods, including the prices of individual items. The prices of the goods are final. The prices remain valid as long as they are displayed in the online store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3. The online store also contains information about the costs associated with packaging and delivery of goods. The information about packaging and delivery costs displayed on the online store applies only when goods are delivered within the territory of the Czech Republic and Slovakia.

3.4. The buyer places an order for goods through the online store, where they fill in, in particular, information about:

3.4.1. the ordered goods (the buyer "adds" the ordered goods to the online shopping cart of the online store),

3.4.2. the method of payment for the purchase price of the goods, information about the requested delivery method of the ordered goods,

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to review and modify the information entered in the order, including the possibility to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "order and pay" button. The information provided in the order is considered correct by the seller.

3.6. Sending the order is considered an act by the buyer that unmistakably identifies the ordered goods, purchase price, buyer's identity, payment method, and constitutes a binding proposal for a purchase contract for the contracting parties. The validity of the order requires filling in all mandatory fields in the order form, reviewing these terms and conditions on the online store, and the buyer's confirmation that they have read these terms and conditions.

3.7. The seller shall promptly confirm receipt of the order to the buyer by email, sent to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").

3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (for example, in writing or by phone).

3.9 Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the buyer's email address. This confirmation is automatic and is not considered a contract conclusion. Attached to the order acceptance confirmation are these terms and conditions. 

3.10. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which the seller sends to the buyer by email, to the buyer's email address.

3.11. If the seller cannot fulfill any of the requirements stated in the order, the seller will send the buyer a modified offer to the buyer's email address indicating possible order variants and will request the buyer's opinion.

3.12. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded only upon the buyer's acceptance via email.

3.13. In the event of an obvious technical error on the part of the seller in stating the price of the goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer has received an automatic confirmation of order acceptance according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new proposal for the purchase contract, and the purchase contract is concluded upon the buyer's confirmation of acceptance sent to the seller's email address.

3.14. The buyer agrees to the use of remote communication means when concluding the purchase contract. Costs incurred by the buyer for using remote communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the basic rate.

3.15 All orders received by the seller are binding. The buyer may cancel the order until the buyer receives the seller's acceptance of the order. The buyer may cancel the order by phone at the phone number or email of the seller stated in these terms and conditions.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract by the following methods:

• in advance to the seller by cashless transfer to the seller's account no. 235880989/0600 at Moneta Moneybank a.s. maintained by Moneta Moneybank a.s. (hereinafter referred to as the "seller's account");
• via the online payment gateway;
• via the electronic payment systems Google Pay and Apple Pay;
• in cash upon receipt of the shipment;

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or any similar payment from the buyer.

4.4. The purchase price is payable within 7 days of concluding the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6 In the case of payment via an online payment gateway and through Google Pay and Apple Pay services, the buyer follows the instructions of the respective electronic payment provider.

4.7. The seller is not a value-added tax payer. The seller will issue an invoice to the buyer after payment of the price of the goods and will send it electronically to the buyer's email address upon the buyer's request.

5. AVAILABILITY OF GOODS

5.1. The seller ships goods according to availability within 2-7 days from the day the payment is credited to the account.

5.2. Information about availability is provided with the goods in the online store, or it is possible to contact the seller directly at info@ashariya.cz

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1. The buyer acknowledges that according to the provision of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract:

6.1.1. for the delivery of goods that have been customized according to the buyer's wishes or for their person

6.1.2. for the delivery of goods in sealed packaging, which for health protection or hygiene reasons is not suitable for return after the consumer has broken the seal,

6.2. Unless it is a case specified in Article 6.1, the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods by the buyer, and if the purchase contract concerns several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The buyer shall send or deliver the goods to the seller at the address: Ukrajinská 359, Teplice, 41501. The goods must be returned to the seller undamaged and unused and, if possible, in the original packaging. In such a case, the buyer bears all risks associated with any damage to the goods or the choice of the method of transport. The buyer is responsible for any reduction in the value of the goods resulting from handling the goods in a way other than necessary to familiarize themselves with the nature and properties of the goods. The consumer should return the goods complete, i.e., including all delivered accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received. 

6.3. The buyer may send the withdrawal from the purchase contract electronically to the email address info@ashariya.cz or in writing to the address Ukrajinská 359, Teplice, 41501. The provisions of Article 12 of these terms and conditions apply to the delivery of the withdrawal from the contract. The entrepreneur will confirm receipt to the consumer without undue delay in text form.

6.4. In the event of withdrawal from the purchase contract according to Article 6.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.

6.5. In the event of withdrawal from the contract according to Article 6.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, using the same method by which the seller received the payment from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another way, if the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

6.6. The seller is entitled to unilaterally offset any claim for damages to the goods against the buyer's claim for a refund of the purchase price.

6.7. Until the goods are accepted by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will refund the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

6.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift becomes ineffective and the buyer is obliged to return the provided gift to the seller along with the goods.

7. TRANSPORT AND DELIVERY OF GOODS

7.1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

7.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

7.3. If, due to reasons on the buyer's side, the goods need to be delivered repeatedly or in a different manner than stated in the order, the buyer is obliged to cover the costs associated with repeated delivery or the costs related to the alternative delivery method.

7.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. If the packaging is found to be damaged in a way that indicates unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer's rights regarding liability for defects in the goods and other rights arising from generally binding legal regulations.

7.5. If the buyer does not send the correct payment with the order or if for any reason their payment is rejected, the seller is not obliged to send the goods to the buyer until the buyer remedies the situation.

7.6. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so contrary to the purchase contract. 

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection).

8.2. The seller is responsible to the buyer that the goods sold comply with the purchase contract, especially that the goods have no defects upon receipt. In particular, the seller guarantees to the buyer that at the time the buyer took over the goods:

8.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have such properties as described by the seller or manufacturer or as the buyer expected considering the nature of the goods and based on advertising carried out by them,

8.2.2. the goods are suitable for the purpose for which the seller states they are intended or for which goods of this kind are usually used,

8.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,

8.2.4. the goods in quantity, quality, and other characteristics, including durability, correspond to the usual properties of items of the same kind that the buyer can reasonably expect,

The seller also guarantees the buyer that, in addition to the agreed properties, 

8.2.5. the goods are suitable for the purpose for which items of this kind are usually used, 

8.2.6 the goods in quantity, quality, and other characteristics, including durability, correspond to the usual properties of items of the same kind that the buyer can reasonably expect, taking into account public statements made by the seller or another person in the same contractual chain, especially advertising or labeling, 

8.2.7. the goods are delivered with accessories, including packaging, and other instructions for use that the buyer can reasonably expect, and 

8.2.8. the goods correspond in quality or workmanship to the sample or model that the seller provided to the buyer before concluding the contract.

8.3. The provisions set out in Article 8.2 of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods for defects corresponding to the degree of use or wear the goods had at the time of receipt by the buyer, or if this results from the nature of the goods.

8.4. The buyer is not entitled to rights from defective performance if they caused the defect themselves.

8.5. Wear and tear caused by normal use of the goods is not considered a defect.

8.6. If the goods have a defect, the buyer may request its removal by delivering new goods without defects. The seller may refuse to remove the defect if it is impossible or unreasonably costly considering the significance of the defect and the value the goods would have without the defect.

8.7. The buyer may request a reasonable discount on the purchase price or withdraw from the contract if:

8.7.1. The seller refused to remove the defect or did not remove it in accordance with Section 2170 paragraphs 1 and 2 of the Civil Code,

8.7.2. The defect recurs,

8.7.3. The defect constitutes a fundamental breach of the purchase contract, or

8.7.4. It is evident from the seller's statement or circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the buyer.

The buyer cannot withdraw from the purchase contract if the defect in the goods is insignificant. If the buyer withdraws from the purchase contract, the seller will refund the purchase price after receiving the goods or after the buyer proves that the goods have been sent.

8.8. The buyer exercises rights from defective performance with the seller via email communication at info@ashariya.cz. The moment the complaint is considered made is when the seller receives the complained goods from the buyer.

The seller is obliged to handle the complaint, including removing the defect, and inform the buyer within 30 days from the date the complaint was made, unless a longer period is agreed with the buyer. After this period expires without resolution, the buyer is entitled to withdraw from the contract or request a reasonable discount on the purchase price.

8.9. When making a complaint, the buyer is required to identify the defect or describe how the defect manifests and how they want the complaint to be handled. The address for returning the complained goods is: Ukrajinská 359, Teplice, 41501. The seller is also obliged to accept complaints at any of its outlets where complaint acceptance is possible considering the range of products sold and possibly also at its registered office. 

8.10. When making a complaint, the seller shall issue the buyer a confirmation stating the date the buyer made the complaint, the content of the complaint, the method of complaint resolution requested, and the buyer's contact details for providing information about the complaint handling.  

8.11. The seller is obliged to handle the complaint, including removing the defect, and inform the buyer within 30 days from the date the complaint was made, unless a longer period is agreed with the buyer. After this period expires without resolution, the buyer is entitled to withdraw from the contract or request a reasonable discount on the purchase price.  

8.12. The seller is also obliged to provide the buyer with confirmation of the date and method of handling the complaint, including confirmation of the repair performed, the duration of the complaint process, or a written justification for rejecting the complaint.

9. VOUCHERS

9.1. These terms and conditions also apply accordingly to the purchase of gift vouchers that entitle the buyer or a third party designated by them to select goods in the online store up to the value stated on the voucher (hereinafter referred to as "voucher"). If any conditions for purchasing vouchers are regulated differently in this article, those provisions take precedence.

9.2 The voucher can be used in the online store and in the seller’s partner stores listed on the online store. Upon presenting the voucher, goods worth the amount stated on the voucher will be provided to the voucher holder. If the goods provided based on the voucher exceed the voucher’s stated value, the person redeeming the voucher must pay the difference.

9.3 The voucher can be redeemed multiple times until its full value is used. The buyer cannot withdraw from the contract if the voucher has already been redeemed once and goods have been provided based on the voucher.

9.4 The voucher is transferable and can be used by a person other than the purchaser.

9.5 The voucher is valid for 12 months from the date of issue (i.e., from the date it is delivered to the buyer’s email inbox, sent to the buyer’s address specified in the order, or collected in person). After the voucher expires, it can no longer be used for goods. The voucher’s validity cannot be extended. The voucher price is non-refundable after expiration.

9.6 The voucher includes a unique code, the value of the goods that can be provided to the voucher holder upon presentation of the voucher, the issue date, and the voucher’s validity information.

10. OUT-OF-COURT DISPUTE RESOLUTION

10.1 The Czech Trade Inspection Authority, located at Gorazdova 1969/24, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

10.2. The European Consumer Centre Czech Republic, located at Gorazdova 1969/24, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according 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 (the Online Dispute Resolution Regulation).

10.3. The seller is authorized to sell goods based on a trade license. Trade supervision is carried out within its scope by the relevant trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

11. PERSONAL DATA PROTECTION

11.1. Detailed information about personal data protection can be found at https://ashariya.cz/pages/GDPR

12. DELIVERY

12.1. Notifications concerning the relationship between the seller and the buyer, especially regarding withdrawal from the purchase contract, must be delivered by registered mail or electronically to the email address info@ashariya.cz, unless otherwise specified in the purchase contract. Notifications are delivered to the relevant contact address of the other party and are considered delivered and effective upon their delivery by mail, except for withdrawal notifications made by the buyer, where withdrawal is effective if the buyer sends the notification within the withdrawal period.

12.2. A notification is considered delivered even if the recipient refused to accept it, if it was not picked up within the storage period, or if it was returned as undeliverable.

12.3. The contracting parties may mutually deliver routine correspondence via email, to the email address provided in the buyer's user account or given by the buyer in the order, or to the address listed on the online store.

13. FINAL PROVISIONS

13.1. All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

13.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provisions shall be replaced by provisions whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.

13.3. The purchase contract including the terms and conditions is archived by the seller in electronic form.

13.4. The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

13.5. The seller is not responsible for errors caused by third-party interference with the online store or by its use contrary to its intended purpose. The buyer must not use methods that could negatively affect the operation of the online store and must not perform any activity that could allow themselves or third parties to unlawfully interfere with or use the software or other components of the online store, or use the online store or its parts or software in a way that contradicts its intended purpose.

13.6. Seller's contact details/delivery information:

Address: V.P.Čkalova 387/7, Prague 6, 16000 

email address: info@ashariya.cz

phone: +420776674541

These terms and conditions take effect on 1.8.2025 

Link to the table of Czech hallmark stamps here.