General terms and conditions
Delger.cz
You are currently reading the General Terms and Conditions (“Terms”) of Ing. Mandukhai Hejkalová, Company ID: 22628339, with its registered office at Opuková 562, 252 67, Tuchoměřice, registered in the Trade Register maintained by the Municipal Office of Černošice (“we”).
What is the purpose of the E-shop? We operate an online store for clothing and our other products (“E-shop”) via the website www.delger.cz, where you, as the buyer (“you”), can order our goods as the seller. Therefore, we enter into a purchase agreement (“Agreement”) through the E-shop.
What will I find out in the Terms? These Terms govern our mutual relations when shopping on our E-shop. We recommend that you read the Terms in their entirety. The most important things you should definitely know are:
· We value our customers and always strive to reach a solution that satisfies both you and us.
· The Agreement is concluded at the moment of sending the Order Acceptance Confirmation.
· If you are not satisfied with the goods, you may (if you are a consumer) withdraw from the Agreement within 14 days of its delivery. You do not have to give us a reason for the return, but we would appreciate it so we can improve our services. If you wish to exercise your right to withdraw from the Agreement, please fill out THIS online form. You may also withdraw from the Agreement within 14 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 to ensure that complaints are handled fairly and as quickly as possible. Details regarding complaints can be found below in Article 5 of the Terms.
· When receiving the package from the carrier, it is better to check whether the packaging is damaged. It doesn't happen often, but better safe than sorry.
· Your personal data is safe with us. You can find out more about how we process it here.
Do you have a question? If necessary, please contact us. You can use the following details:
address: Opuková 562, Tuchoměřice
e-mail: infor@delger.cz
phone: (+420) 774 605 305
1. How to order our goods and how to conclude an Agreement with us?
1.1. Selection of goods. You can add goods from the E-shop to your cart by clicking on the shopping cart icon.
1.2. Ordering goods. Goods can be ordered using the 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. You submit the Order by clicking the "ORDER and PAY" button. We consider the information provided in the Order to be correct. It is essential that you fill in all your details before submitting the Order and confirm that you have read, agree to, and undertake to be bound by these Terms.
1.3. Order Confirmation. Upon receipt of the Order, we will confirm its acceptance by e-mail (“Confirmation”) and send you these Terms in PDF format along with the Confirmation. The Agreement is concluded at the moment of sending the Order Acceptance Confirmation. In case of an unusual nature of the Order (e.g., ordering an unusually large quantity of clothing items), we are entitled to ask you for additional confirmation of the Order; in such a case, the Agreement between us is concluded at the moment of receipt of this confirmation from you.
1.4. Information in the Order. You are obliged to provide truthful and complete information in the Order; in case of providing incomplete or false information, we are not liable for any damage caused thereby. You are responsible for updating all your data, and in case of any change, you are obliged to notify us of such change if it can still affect the Agreement. If you do not notify us of changes, and the goods are thus taken over by, for example, an unauthorized person, you bear unfortunately all associated risks, including the obligation to pay the Price including delivery costs.
1.5. Remote communication costs. You bear the costs incurred in connection with remote communication, such as internet connection costs. These costs do not differ in any way from the basic rate of the operator or internet service 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 the goods listed in the E-shop and it is the final price including all other taxes and fees ("Price"). If we become VAT payers during our operation, the price of the goods including VAT will always be listed on the E-shop.
2.2. Payment method. You can pay the price and any costs associated with the delivery of the goods in the following ways:
a) online by payment card;
b) using Google Pay or Apple Pay payment method.
2.3. Time of payment. We consider the price paid at the moment the corresponding amount is credited to our account or upon receipt of a transaction confirmation. We will ship the goods immediately thereafter, unless agreed otherwise.
2.4. Invoice. For each payment, we will issue you an invoice (tax document) that always complies with legal requirements. We will send it 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., goods sold on the E-shop for less than 10% of the usual price), we are not obliged to deliver the goods with such an obviously incorrect Price. If a Contract with such an incorrect Price has already been concluded between us, we are entitled to withdraw from the Contract. We will, of course, inform you of the error without undue delay and send you a revised offer by email. This shall be considered a new proposal for the Contract, and the Contract shall only be concluded upon your confirmation that you agree to the new Price.
2.6. Ownership of goods. The goods remain our property until full payment of the Price, and you are not authorized to dispose of them in any way, transfer them to third parties, or encumber them with third-party rights.
3. How and when will we deliver the goods and how will you pick them up?
3.1. Delivery methods. We offer the following delivery methods for goods:
a) to your specified address via Zásilkovna, PPL, Česká Pošta carriers;
b) to your chosen pick-up point of Zásilkovna; PPL carrier;
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 within 30 days of concluding the Contract at the latest, otherwise, you may withdraw from the Contract.
3.3. If the goods are not in stock. We reserve the right to withdraw from the Contract due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. In such a case, we will inform you immediately by email and refund all monetary funds, including delivery costs, that we have received from you under this Contract, within 14 days, in the same manner, or in a manner agreed upon by us.
3.4. Shipping cost. The cost of shipping is stated in the Order and is paid by you, unless otherwise agreed.
3.5. Obligation to accept goods. You undertake to duly accept the goods. In the event that you do not accept the goods, we are entitled to claim compensation for the damage incurred, including any additional costs incurred thereby. The moment you do not accept the goods, the risk of damage to the goods passes to you at the moment you were supposed to accept them and did not.
3.6. Inspection of goods upon receipt. Upon receipt of the shipment, we recommend checking its condition. If the shipment is damaged or has another obvious defect, you may refuse to accept the shipment or draw up a delivery report with the carrier with reservations. Please inform us of any damage found and, if possible, document the damage. If you are entrepreneurs, you are obliged to inspect the shipment within 3 working days.
3.7. Delivery in unforeseen events. In the event of force majeure or unforeseen events (natural disaster, pandemic, operational disruptions, supplier failures, etc.), we are entitled to extend the delivery period for the goods by the duration of the force majeure, and we are not liable for any damage incurred due to late delivery of the goods.
3.8. Change of transport method. In the event of carrier capacity overload or inappropriate selection of transport method not corresponding to the characteristics of the consignment, we are entitled, at our sole discretion, to change the transport method or to 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 giving a reason?
4.1. Withdrawal from the Contract. This article of the Terms applies only to consumers. As a consumer, you have the right to withdraw from a Contract concluded via the Internet, phone, or e-mail usually within 14 days of receiving the goods. If we send you the goods in several shipments, the period starts 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 article of the Terms in the following cases:
a) where the goods have been modified according to your wishes or for your person;
b) if it concerns goods that were irreversibly mixed with other goods after delivery;
c) if it concerns goods in a sealed package that you have removed from this package and cannot be returned for hygienic reasons or health protection reasons.
4.3. How you can withdraw. If you wish to withdraw from the Contract, you can use THIS online form. You can also withdraw from the Contract under this article of the Terms by any clear statement to us.
4.4. Examination of goods. You may try on the goods (except for the exceptions listed above), but only to familiarise yourself with their nature, characteristics, and functionality, similar to how you would try them on in a store. Do not remove tags from clothing or wash it. If you try on or use the goods more than according to this paragraph and somehow reduce their value by handling them, we may refund you an amount reduced by 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 an amount reduced by the amount by which the value of the goods has decreased.
4.5. Consequences of withdrawal under 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 you the paid Price including the lowest postage we offer. You must send the goods back to us within 14 days of withdrawing from the Contract. You bear 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 cash on delivery.
4.6. Refund of the Price. In case of withdrawal from the Contract, we will refund the Price to you in the same way we originally received it from you. However, we can also agree on a different method of refunding the Price. We will refund the Price to you within 14 days from the moment you withdrew from the Contract. However, we may delay payment until we receive the returned goods back or until you prove to us that you have sent the goods (e.g., by confirmation from the carrier).
4.7. Gifts. If we sent you any additional free performance – a gift – along with the goods, you must also return this free performance in case of withdrawal from the Contract.
5. What if the goods are defective?
Complaint rules
5.1. What we are responsible for. We are responsible to you for ensuring that the goods are free of defects upon receipt. In particular, we are responsible for ensuring that the goods:
a) correspond to the agreed description, type, quantity, quality, functionality, and other agreed properties;
b) are suitable for the purpose for which you require them and with which we have agreed;
c) are delivered with the agreed accessories and instructions for use, if necessary.
5.2. What else we are responsible for. We are also responsible for ensuring that, in addition to the agreed properties:
a) the goods are suitable for the purpose for which goods of this type are usually used;
b) the quantity, quality, and other properties of the goods, including durability, functionality, and safety, correspond to the usual properties of items of the same kind that you can reasonably expect. This reasonable expectation is also assessed with regard to how we or third parties promote the goods and what they declare about them;
c) the goods are supplied with accessories, including packaging and other instructions for use that you can reasonably expect (e.g., clothing care information);
d) the quality or design of the goods corresponds to the sample or model we provided to you before concluding the Contract.
We are not responsible for the last four points mentioned if we specifically informed you before concluding the Contract that certain characteristics of the goods differ, and you explicitly agreed to this when concluding the Contract.
5.3. Defective goods. If you purchased goods that were defective and were discounted due to this defect, we are not responsible for that specific defect that made the goods cheaper. However, we are responsible for other defects in such goods.
5.4. Claim period. If you are a consumer, you can claim the goods within two years of receiving them. If a defect appears within one year of receipt, it is presumed that the goods were defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the time during which you cannot use the item, in cases where you have legitimately claimed a defect (for example, for the time during which we have the goods and are assessing the legitimacy of the claim). Different rules, outlined below, apply to buyers who are entrepreneurs.
5.5. When you do not have the right to claim. You do not have rights from defective performance if you caused the defect yourself (e.g., tearing a sweater). Normal wear and tear from ordinary use or a defect caused by improper handling of the goods (for example, not following washing instructions on the label when washing clothes) is not considered a defect.
How to exercise rights from defective performance?
5.6. Method of claim. You can submit a claim, for example, via email or by letter.
5.7. What a claim must contain. The form or cover letter for your claim must contain the following information:
a) your contact details,
b) a description of the defect (e.g., the sweater is unraveling),
c) a request for the method of resolving the claim (e.g., I request the sweater to be repaired)
d) proof of purchase of the goods (preferably by attaching a proof of purchase).
5.8. Sending the goods. You should send the goods that you believe are defective, along with the form or cover letter, to the address provided above. The goods should be packaged appropriately for transport to prevent damage, must be clean and complete so that we can properly assess the claim. Otherwise, we are not obliged to deal with the claim and will send the goods back at your expense.
5.9. What you can demand. If the goods have a defect, you can demand its removal. At your discretion, you may demand:
a) delivery of a new item without defects; or
b) repair of the item,
However, if the method of defect removal chosen by you is impossible for us or disproportionately costly compared to the other, we may refuse to remove the defect, especially considering the significance of the defect and the value the goods would have without the defect.
5.10. Discount and withdrawal from the Contract. In these cases, you may demand a reasonable discount from the Price or withdraw from the Contract:
a) if we refused to remove the defect or did not remove it within a reasonable time after its claim, so as not to cause you significant difficulties;
b) if the defect recurs, meaning three or more times;
c) if the defect is a fundamental breach of the Contract (a fundamental breach is one about which we knew or should have known that you would not have concluded the Contract if you had known about it in advance).
d) when it is evident from our statement or circumstances that we will not remove the defect within a reasonable time or without significant difficulties for you.
However, you cannot withdraw from the Contract if the defect of the goods is not substantial.
5.11. Claim and Price. If you are a consumer, it applies that until we fulfill our obligations arising from defective performance, you do not have to pay us the unpaid Price or part of it.
5.12. Claims and entrepreneurs. In the event that you 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 must also attach photographs documenting 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 a different method of resolving the claim).
How to file a complaint?
5.13. Confirmation of receipt of the complaint. When you file a complaint, we will issue you an electronic confirmation stating the date you filed the complaint, its content, the method of resolution you request, and your contact details so that we can inform you about the resolution of the complaint.
5.14. Time limit for handling complaints. If you are a consumer, we will handle your complaint (including remedying the defect) within 30 days of filing it and inform you thereof. We can agree on a longer period together. If we do not meet the 30-day deadline, you may withdraw from the Contract or demand a reasonable discount. If you are an entrepreneur, we will handle your complaint as soon as possible, but we do not have a fixed deadline for this.
5.15. Complaint resolution confirmation. After resolving the complaint, we will issue you an electronic confirmation of the date and method of resolution, including confirmation of the repair performed and its duration, or a written confirmation of the rejection of the complaint.
5.16. Reimbursement of complaint costs. If you are a consumer, you have the right to reimbursement of reasonably incurred costs for filing a complaint (the lowest possible). You must request reimbursement of costs no later than one month after the end of the deadline for notifying the defect, otherwise they may not be granted. As an entrepreneur, you do not have this right.
6. What other rights and obligations do we have towards each other?
6.1. Complaints. We handle your complaints via the contact email address. We will send you information about the resolution of your complaint to your email address.
6.2. Czech Trade Inspection Authority (CTIA). The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00, Prague 2, Company ID: 000 20 869, internet address: www.adr.coi.cz. is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The settlement process will only be initiated at your request, and only if we are unable to resolve the dispute directly with you. You can submit a proposal no later than 1 year from the date you first exercised your right with us.
6.3. European Dispute Resolution Platform. The European Dispute Resolution Platform can be used for resolving disputes arising from the Contract, available at http://ec.europa.eu/consumers/odr.
6.4. Authorization and authorities. We are authorized to sell goods based on a trade license. Trade license inspections are carried out by the relevant trade license authority within its jurisdiction. The Office for Personal Data Protection supervises personal data protection. The Czech Trade Inspection Authority, within its defined scope, supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
6.5. We communicate via email. All written correspondence can be delivered to us via email.
7. Final provisions
7.1. Relationship between Terms and Contract. These Terms apply to Contracts concluded between us and you via the E-shop. These Terms are an integral part of the Contract. In case of discrepancy between the Terms and the Contract, the provisions contained in the Contract shall prevail.
7.2. Language and governing law. These Terms are in Czech, and the Contract between us is also concluded in Czech. The Contract and the Terms 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) contains a foreign (international) element, then we have agreed that the relationship is governed by Czech law. This does not affect your rights as a consumer under applicable legal regulations.
7.3. Amendment and Supplementation of Terms. We may amend and supplement these Terms and their wording; their current wording will always be available on the E-shop. If we have concluded a Contract during the validity of previous terms, these changes apply to you only in the case of a new purchase.
7.4. Archiving of the Contract. We will send you confirmation of the conclusion of the Contract by email. The Contract itself, including these Terms, is archived electronically and is not publicly accessible. If you need it, please contact us and we will gladly send it to you.
7.5. Interference with the E-shop. We bear no responsibility for errors arising from third-party interference with the E-shop or from its use in a manner contrary to its intended purpose.
7.6. Force majeure. In the event of force majeure, we are not liable for damages caused as a result of or in connection with force majeure events, and if the force majeure situation persists for more than 10 days, we are entitled to withdraw from the Contract.
These Terms are effective from May 10, 2025
Terms and Conditions effective until May 10, 2025 can be found here