Terms and conditions

Online store operator

Registered name: Nonchalant s.r.o.

Street and building number: Kukelska 922/8

City and postal code: Prague 9, 198 00

Country: Czech Republic

Company ID No.: 298 97 599

VAT ID: 

Responsible person and contact

Lukas Prokop

lukas.prokop@nonchalant.cz

+420 777 178 819

Warehouse address (returns)

Blanicka 922/25

120 00 Prague 2

Czech Republic

  • Introductory provisions and identification of the Seller

    1. These Terms and Conditions govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), the mutual rights and obligations arising in connection with a contract of sale, a contract for the supply of digital content or a digital service, and other contracts concluded through the online store at www.nonchalant.cz (the "online store").
    2. The seller and operator of the online store is Nonchalant s.r.o., with its registered office at Kukelska 922/8, Hloubetin, 198 00 Prague 9, Company ID No. 298 97 599, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 454140 (the "Seller").
    3. Contact details of the Seller:
  • correspondence address and address for returning goods and making complaints: Blanicka 922/25, 120 00 Prague 2, Czech Republic;
  • email: lukas.prokop@nonchalant.cz;
  • telephone: +420 777 178 819.
  1. As of the effective date of these Terms and Conditions, the Seller is registered for value added tax.
  2. Arrangements deviating from these Terms and Conditions may be agreed in the contract. Any such contractual arrangements shall prevail. The version effective when the order is submitted becomes part of the concluded contract.

  • Buyer, Consumer and Business Customer

      1. The Buyer is a natural person or legal entity that concludes a contract with the Seller through the online store.
      2. A Consumer is a natural person who, outside the scope of their business activity or independent professional practice, concludes a contract with the Seller or otherwise deals with the Seller. Provisions of these Terms and Conditions identified as consumer provisions apply only to Consumers.
      3. A Buyer who provides a Company ID number in the order or whose conduct otherwise clearly indicates that the contract is being concluded in connection with their business activity shall be treated as a Business Customer for that contract unless proven otherwise.

  • User account

      1. Depending on the functionality of the online store, the Buyer may shop with or without registration. Information provided during registration and ordering must be truthful and up to date.
      2. The Buyer must protect the login details for their account and notify the Seller without undue delay of any suspected misuse. The Seller is not liable for misuse caused by the Buyer breaching this obligation, unless mandatory law provides otherwise.
      3. The Seller may reasonably restrict or cancel an account, in particular in the event of proven misuse, a serious breach of contract or long-term inactivity. This shall not extinguish the Buyer's rights under existing contracts without a lawful reason.

  • Product information and conclusion of the contract

      1. Information about goods, digital content, services, prices, availability and delivery costs is provided with the relevant offer and during the ordering process. Photographs are illustrative only to the extent arising from the nature of the goods or expressly stated. For used goods, photographs and the description of condition form part of the information about their characteristics.
      2. The Buyer places selected items in the cart, selects payment and delivery methods, and may review and correct the information entered before submitting the order. The order is submitted by clicking a button labelled "Order entailing an obligation to pay" or another unambiguous wording indicating the obligation to pay.
      3. By submitting the order, the Buyer makes a binding offer to conclude a contract. The Seller shall confirm receipt of the order without undue delay by email. An automated confirmation of receipt does not constitute acceptance unless it expressly states otherwise. The contract is concluded when a separate acceptance of the order or a notice that the order has been dispatched is delivered to the Buyer.
      4. The Seller may reject an order, in particular if the goods are unavailable, there is an obvious technical pricing error, there is a reasonable suspicion of fraud or misuse of the online store, or the Buyer has previously materially breached their obligations. The Seller shall inform the Buyer of the rejection and refund any payment received without undue delay.
      5. The contract may be concluded in Czech or English according to the language version of the online store used by the Buyer. The Seller archives its content electronically and sends the Buyer confirmation of the contract, including these Terms and Conditions, on a durable medium, usually by email. The archived contract is not publicly accessible. If the Czech and English versions of these Terms and Conditions differ, the Czech version shall prevail to the extent permitted by applicable mandatory law.
      6. The Buyer agrees to the use of means of distance communication. The Buyer bears their own internet connection and telephone costs. The Seller does not use a premium-rate telephone line to contact customers.

  • Price and payment terms

      1. Prices are final and include VAT and all other taxes and charges that the Seller is required to include. Delivery costs and any other optional services are displayed before the order is submitted.
      2. Where a discount is announced for a product, the Seller also states the lowest price at which the product was offered and sold during the 30 days preceding the discount, unless the law provides otherwise for the particular case.
      3. The Buyer may pay using the methods currently offered during checkout, in particular by payment card, a supported electronic wallet, bank transfer or upon personal collection where available for the order. The specific method, currency, due date and any costs are shown in the cart.
      4. For cashless payments, the price is paid when credited to the Seller's account or when payment is confirmed by the payment service provider. The Seller may make dispatch of the goods conditional on full payment.
      5. The Seller shall issue an accounting document to the Buyer and send it electronically to the email address specified in the order or make it available in the user account.

  • Delivery of goods and transfer of risk

      1. Delivery methods and territories, carriers, collection points, personal collection and delivery prices are governed by the offer displayed during checkout. The Seller shall deliver the goods within the period stated for the goods or confirmed in the order. If no period has been agreed, delivery shall take place without undue delay and no later than 30 days after conclusion of the contract.
      2. If delivery must be repeated or performed by a different method for reasons attributable to the Buyer, the Seller may require reimbursement of the reasonable costs actually incurred.
      3. For a Consumer, the risk of damage to the goods passes when the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the goods. If the Consumer selects a carrier not offered by the Seller, the risk passes when the goods are handed over to that carrier.
      4. The Buyer is advised to inspect the condition of the parcel upon receipt and record any visible damage with the carrier. Failure to inspect the parcel or immediately notify the carrier of damage does not in itself deprive a Consumer of statutory rights against the Seller.
      5. Title to the goods passes to the Buyer upon receipt and full payment of the purchase price, whichever occurs later, unless mandatory law provides otherwise.

  • Consumer withdrawal from a distance contract

      1. A Consumer may withdraw from a distance contract without giving any reason within 14 days. For a contract of sale, the period begins on the day the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the goods. Where several items are delivered separately, the period begins upon receipt of the last item; for goods consisting of several parts or partial deliveries, upon receipt of the last part or delivery; and for regular delivery over an agreed period, upon receipt of the first delivery. For digital content or a service, the period begins upon conclusion of the contract unless the law provides otherwise.
      2. To meet the deadline, it is sufficient for the Consumer to send the Seller an unequivocal statement of withdrawal before the deadline expires. The Consumer may use the model withdrawal form provided by the Seller, send an email to lukas.prokop@nonchalant.cz, or send a written notice to Blanicka 922/25, 120 00 Prague 2, Czech Republic.
      3. The Consumer shall send or hand over the goods to the Seller without undue delay and no later than 14 days after withdrawal. The Consumer bears the direct cost of returning the goods unless the Seller has agreed to bear it or failed to inform the Consumer of this obligation in advance.
      4. The Seller shall refund all payments received from the Consumer, including the cost of the least expensive standard delivery method offered, without undue delay and no later than 14 days after withdrawal. The same means of payment shall be used unless the parties agree otherwise at no additional cost to the Consumer. The Seller need not make the refund before receiving the goods or before the Consumer proves that the goods have been sent, whichever occurs first.
      5. The Consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. Clothing and footwear may be tried on in the same manner as in a physical shop. Wearing, soiling, damaging, removing a security seal that prevents ordinary wear, or failing to return supplied accessories may result in proportionate compensation for the actual diminished value. Removing an ordinary tag does not automatically extinguish the right of withdrawal.
      6. The 14-day right of withdrawal does not apply in the cases set out in Section 1837 of the Civil Code, in particular to goods made or modified to the Consumer's specifications, goods in sealed packaging that the Consumer has removed and that cannot be returned for hygiene reasons, digital content not supplied on a tangible medium under the conditions prescribed by law, and fully performed services where the statutory conditions for loss of the right of withdrawal have been met.
      7. If a Consumer expressly requests that a paid service begin before the withdrawal period expires and then withdraws before the service has been fully performed, the Consumer shall pay a proportionate part of the price corresponding to the performance already provided, provided the statutory conditions are met. For a completed service, the right of withdrawal expires only if the Consumer expressly consented in advance to commencement of performance and was informed that the right would expire upon full performance.

  • Custom alterations and services

      1. If the Buyer orders tailoring or another alteration to goods according to their requirements, the scope of the alteration, price and expected completion period shall be stated in the order or confirmed individually.
      2. Once an individualised alteration has been carried out, the goods may be treated as goods modified to the Consumer's specifications, for which the statutory 14-day right of withdrawal does not apply. This exception does not affect rights arising from defective performance of the alteration or from defects in the goods themselves.
      3. If performance of a service is to begin before the withdrawal period expires, the Seller shall obtain the Consumer's express request and provide the statutory information. Acceptance of these Terms and Conditions alone does not replace that express request.

  • Rights arising from defective performance and complaints

      1. Rights and obligations arising from defective performance are governed in particular by Sections 1914 to 1925, Sections 2099 to 2117 and, for Consumers, Sections 2158 to 2174b of the Civil Code, and by Act No. 634/1992 Coll., on Consumer Protection.
      2. The Seller is liable to the Consumer for the goods being free from defects upon receipt, in particular that they correspond to the agreed description, type, quantity, quality, functionality and other agreed characteristics; are suitable for the agreed and usual purpose; are supplied with the agreed accessories and instructions; and have the usual characteristics that the Consumer may reasonably expect in view of the nature of the goods and public statements made by the Seller or another person in the same contractual chain.
      3. The Consumer may assert a defect that becomes apparent within two years after receipt. If a defect becomes apparent within one year after receipt, the goods are presumed to have been defective upon receipt unless the nature of the goods or the defect precludes this.
      4. For used goods, the Seller and the Consumer agree to shorten the period referred to in the preceding paragraph to 12 months. The shortened period must also be stated on the proof of purchase. Wear and tear corresponding to prior use, or a specific deficiency of which the Consumer was separately informed before purchase and to which the Consumer expressly agreed, is not a defect.
      5. The Seller distinguishes in particular between new goods, used or pre-owned goods, and deadstock. The label "curated" describes the method of selecting the offer and is not a separate legal category. What matters is whether the specific item is new or used and how its condition is described for the product.
      6. If the goods are defective, the Consumer may choose to have the defect remedied by repair or by delivery of replacement goods free from defects, unless the chosen method is impossible or disproportionately costly compared with the other method. For a unique used item, replacement with an identical item may not be possible. The Seller shall remedy the defect within a reasonable time, without significant inconvenience to the Consumer and at the Seller's expense.
      7. The Consumer may request a reasonable price reduction or withdraw from the contract, in particular where the Seller has refused to remedy the defect or failed to remedy it properly, the defect recurs, the defect constitutes a material breach of contract, or it is evident that the defect will not be remedied within a reasonable time or without significant inconvenience. The Consumer may not withdraw from the contract for an insignificant defect.
      8. A complaint may be made by email to lukas.prokop@nonchalant.cz, in writing or in person by prior arrangement at Blanicka 922/25, 120 00 Prague 2, Czech Republic, or by another method specified by the Seller for the goods in question. The Buyer shall describe the defect, state the remedy sought, and allow the Seller to inspect the goods where necessary for assessment.
      9. A complaint is made when the Buyer notifies the Seller of the defect and states the right being exercised. If assessment or remedy requires the goods to be handed over and the Buyer fails to provide the necessary cooperation despite a request, the period during which the Seller is required to resolve the complaint does not run while the Buyer is in delay.
      10. When a Consumer makes a complaint, the Seller shall issue written confirmation stating the date, the content of the complaint, the requested method of resolution and contact details. After resolution, the Seller shall issue confirmation of the date and manner of resolution or written reasons for rejection.
      11. The Seller shall decide on a complaint immediately and, in complex cases, within three working days; this period does not include a reasonable time required for expert assessment. A Consumer complaint, including remedy of the defect, must be resolved and the Consumer informed without undue delay and no later than 30 days after it was made, unless the parties agree on a longer period.
      12. If a complaint is justified, the Buyer is entitled to reimbursement of reasonably incurred costs associated with asserting the right. Rights arising from defective performance are not affected by any voluntary guarantee of quality provided by the manufacturer or the Seller.

  • Gift vouchers

      1. A gift voucher entitles its holder to obtain goods or services for the value and on the conditions stated on the voucher or in the relevant offer. A voucher is not a means of payment or electronic money and cannot be exchanged for cash unless a refund is required by law.
      2. The validity period and method of redemption are stated on the voucher or in the product description. If no validity period is stated, it is three years from issue. The Buyer is responsible for protecting the unique code against misuse. The Seller shall replace a lost or misused voucher only if its owner and the unused value can be verified.
      3. For a digitally delivered voucher, the Consumer's right of withdrawal is governed by Article VII. If the voucher has been used in full or in part before withdrawal, any refund shall be assessed according to the nature of the performance provided and mandatory law.

  • Nonchalant Circle programme

      1. Nonchalant Circle (the "Programme") is a voluntary programme that allows a customer, for selected goods purchased from the Seller, to apply for repurchase in exchange for credit or for the Seller to arrange a subsequent sale. The Programme applies only to goods expressly marked as included in the Programme at the time of purchase.
      2. Acceptance of goods into the Programme is not guaranteed. The Seller may reject an application, in particular due to condition, cleanliness, completeness, hygiene suitability, seasonality, current saleability or storage capacity. Goods must be free from disproportionate damage and in a condition suitable for resale.
      3. An application is submitted using the form on the online store or by email to circle@nonchalant.cz and includes, in particular, the original order number, identification of the goods, current photographs, a description of their condition and the preferred option. A preliminary assessment based on photographs is not final acceptance; acceptance occurs only after physical inspection and the Seller's written confirmation of the specific terms.
      4. For immediate repurchase, the customer may apply no earlier than 12 months and no later than 36 months after receipt of the goods. Once approved, the Seller may offer credit of up to 30% of the original or reference retail price. The exact amount is determined according to condition, wear, brand, material, seasonality and current saleability. The repurchase contract is concluded when the customer accepts the offer in writing, at which point title passes to the Seller.
      5. Credit issued for a repurchase is valid for 12 months from issue, may be used only for purchases from the Seller, and cannot be paid out in cash. The method of redemption and treatment of any unused balance must be communicated to the customer before acceptance of the repurchase offer.
      6. Where the Seller arranges a subsequent sale, the Seller acts towards the new buyer in its own name and for the customer's account. Title to the goods remains with the customer until sale to the new buyer unless individually agreed otherwise. Before listing the goods, the Seller and the customer shall confirm in writing at least the initial or minimum sale price, permitted discount range, listing period, selected settlement method and any costs. The Seller shall not reduce the price outside the confirmed range without the customer's consent.
      7. Following a successful sale, the customer is entitled, at their option, to 45% of the actual sale price paid to their bank account or 55% of that price as credit. The remainder constitutes the Seller's remuneration and reimbursement of costs for assessment, presentation, sale, payment fees, administration, storage, returns and liability towards the new buyer.
      8. The sale is completed when the new buyer takes possession of the goods, the withdrawal period expires and the goods are not returned. The Seller shall pay the share or issue the credit within 14 days after completion of the sale. If the new buyer returns the goods, they may be relisted after inspection within the previously approved pricing terms.
      9. The Seller is liable to the customer for loss of or damage to goods taken into its possession in accordance with the law and may not exclude liability in advance for wilful misconduct or gross negligence. The risk of ordinary deterioration corresponding to the nature of the goods and the agreed method of presentation shall be assessed by the parties according to the circumstances.
      10. The customer bears the cost of delivering the goods for assessment and returning goods that are not accepted or sold, unless agreed otherwise. If the listing ends without a sale, the Seller shall invite the customer to collect the goods or inform the customer of the cost of return shipment, and shall return the goods without undue delay after payment of the agreed costs.
      11. The framework rules in this Article do not replace individual confirmation of the terms of a specific repurchase or subsequent sale. In the event of a conflict, the individual written agreement shall prevail, but it may not restrict the customer's mandatory rights.

  • Personal data protection

      1. The Seller provides information on the processing of personal data for orders, user accounts, Nonchalant Circle, marketing and compliance with legal obligations in a separate document entitled "Personal Data Processing Policy" available on the online store.
      2. The Seller sends commercial communications only in accordance with applicable law. A subscriber may opt out at any time using the link in the email or by contacting the Seller.

  • Alternative dispute resolution for consumer disputes

      1. If a dispute arising from a contract of sale or a contract for services between the Seller and a Consumer cannot be resolved directly, the Consumer may submit a proposal for alternative dispute resolution to the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, email adr@coi.gov.cz, website https://coi.gov.cz/informace-o-adr/.
      2. The proposal may be submitted no later than one year from the date on which the Consumer first asserted the relevant right with the Seller. In a cross-border dispute, the Consumer may also seek assistance from the European Consumer Centre Czech Republic. The European ODR platform is no longer in operation and these Terms and Conditions do not refer to it.

  • Final provisions

    1. Legal relations are governed by Czech law. For a Consumer habitually resident in another country, this choice does not affect mandatory rights granted by the law of that country where applicable under the relevant conflict-of-laws rules.
    2. If any provision is invalid or ineffective, the remaining provisions remain unaffected. The applicable statutory rule closest to the purpose of the affected provision shall apply instead, without restricting the Consumer's mandatory rights.
    3. The Seller may amend these Terms and Conditions for future contracts. Contracts already concluded remain governed by the version effective at the time of conclusion. Changes to ongoing services or programmes shall be notified within a reasonable period in advance where required by law or by the nature of the change.
    4. These Terms and Conditions take effect on the date from which the Seller is registered for value added tax pursuant to the decision of the tax authority.

%s ...
%s
%image %title %code %s
%s