Terms of service

Introductory Provisions

1. The online store “zagh” located on http://www.myzagh.com and http://www.myzagh.cz, is operated by Z-Moda, s.r.o., ID No. (IČ): 03632890, Tax ID No. (DIČ): CZ03632890,  place of business at: Lazarská 11/6, 120 00 Prague 2, Czech republic, bank details: UniCredit Bank Czech Republic and Slovakia a.s., CZK account No. 2110738283/2700. IBAN: CZ5227000000002110738283, SWIFT (BIC): BACX CZ PP, EUR account No. 2112312745/2700, IBAN: CZ5327000000002112312745, SWIFT (BIC): BACX CZ PP, (hereinafter ‘seller’ or ‘Operator’).

 

General Terms and Conditions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are drawn up in accordance with the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"), Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the "Consumer Protection Act") and other generally binding legal regulations.
2. In accordance with the provisions of § 1751, paragraph 1 of the Civil Code, the terms and conditions regulate the basic rights and obligations of the seller and buyers - consumers within the meaning of the Consumer Protection Act when concluding purchase contracts through the ZAGH online store (hereinafter referred to as "purchase contracts"). In other cases, the general regulations set out in the Civil Code apply.
3. These Terms and Conditions form an integral part of the purchase agreement, concluded between the Operator and the Buyer, and govern mutual rights and obligations of the contractual parties arising from the purchase agreement. The terms and conditions are visibly posted on http://www.myzagh.cz and http://www.myzagh.com, where the buyer can familiarize himself with them before placing a binding order. By placing an order the Buyer confirms their consent with the Terms and Conditions in their entirety.
4. Special arrangements made with the consent of both contracting parties directly in the purchase contract or elsewhere take precedence over the wording of the terms and conditions.
5. The seller is entitled to unilaterally change or supplement the terms and conditions, with the effect of their publication, unless a different date is specified in such change or supplement. The rights and obligations of the contracting parties arising before the effectivity of such a change or addition are governed by the existing regulation contained in the terms and conditions.

 

Product list and price

1. The offer of goods means the goods selected by the seller and offered through their online store located on http://www.myzagh.cz and http://www.myzagh.com.
2. The offer of goods is not considered a binding proposal by the Seller to deliver the goods in the sense of § 1732 paragraph 2 of the Civil Code; the offer of goods is only of an informative nature, a non-binding invitation to Buyers to submit binding orders.
3. The Seller reserves the right to reject the Buyer's proposal to conclude a purchase contract regarding the goods offered on http://www.myzagh.cz and http://www.myzagh.com. In such a case, the Buyer does not have any right to compensation for damages from the Seller.
4. The offered goods and services (e.g. transport) are always listed with the appropriate price (in CZK, or a local currency) and include Czech VAT.
5. Prices are subject to change. The price of the goods is always valid at the time of placing the order.

 

Order

1. The Buyer's order is considered legally binding between the contracting parties. This binding order is created by the Buyer, or his representative on the Seller’s website.
2. The Buyer is obliged to provide correct and truthful information when ordering goods. The Buyer is responsible for their correctness and truthfulness.
3. When creating an order using the form on the Seller’s website, the Buyer first selects the goods that he/she is interested in purchasing. The Buyer then selects the desired size, quantity and clicks the “Add to cart” button. 
4. At checkout, the Buyer confirms their contact details, delivery address, delivery method and method of payment for the goods.
5. By confirming the order, the Buyer submits a binding proposal to conclude a purchase contract for the goods selected by him.
6. Any confirmation of acceptance of the order, which is issued immediately after sending the order, does not in itself represent acceptance of the proposal to conclude a purchase contract by the Seller.

 

Concluding a purchase agreement

1. The Buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (i.e. internet connection costs, phone call costs) are covered by the Buyer himself.
2. The purchase contract between the Seller and the Buyer is created by the notification of acceptance of the order, which is sent by the Seller to the Buyer via e-mail.
3. The acceptance of the Order generally includes a summary of the Order, including the goods, their price and delivery method.

 

Payment methods

1. The Operator offers the following payment methods: 
1. By card using the GoPay payment system of GOPAY s.r.o. located at www.myzagh.com. The operator of the GoPay payment system is an electronic money institution pursuant to Act No. 284/2009 Coll. on the payment system.
2. Via PayPal of PayPal (Europe) S.à r.l. et Cie, S.C.A., Société en Commandite par Actions. When selecting payment by PayPal, the Buyer will be redirected, upon submitting the Order, to the server of a third party to log into his/her PayPal account. After verifying validity of and sufficient balance on the PayPal account, the order will be confirmed and the purchase price will be deducted to the Buyer’s PayPal account.
3. Through Shopify payments, which accepts Visa, Mastercard, Maestro, American Express, UnionPay, Shop Pay, Google Pay and Apple Pay. Shopify Payments is facilitated by Shopify International Limited, 2nd Floor, 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

 

Rights and obligations arising from concluding the purchase agreement

1. The Operator is obligated to deliver to the Buyer the ordered goods for the agreed price.
2. The Buyer is obligated to accept the goods and pay the purchase price.
3. The seller informs the buyer about the shipment of the goods to the e-mail address entered by the buyer when creating the order.
4. In the event of breaching the conditions of the purchase agreement or Terms and Conditions by the Buyer, the Operator reserves the right to withdraw from the purchase agreement. In this case the Buyer is obligated to pay to the Operator all costs related to his/her order, in particular shipping costs if he/she does not accept the goods.
5. Complaints are handled by the seller through the following email: info@myzagh.com. The seller shall send the information about complaint resolution to the Buyer’s address.

 

Withdrawal from the purchase agreement by the Buyer:

1. The Buyer is entitled, according to to § 1829 et seq. Civil Code, to withdraw from the purchase agreement within 14 days of acceptance of the goods without stating the reason.

2. In the event of withdrawal from the agreement, the goods must be returned to the Seller within fourteen (14) days since the Buyer withdraws from the agreement. The Buyer is entitled to receive the refund of shipping costs only in the lowest offered amount.

3. To withdraw from the purchase agreement, the Buyer shall contact the seller in writing and state he is withdrawing from the agreement, while including the order number, date of purchase and banking details for refund. In the event of withdrawal from the agreement, the purchase agreement becomes void.

Contact address for written correspondence:
Z-Moda s.r.o.
Lazarská 11/6
120 00 Prague
Czech republic

This notification of withdrawal can also be sent via e-mail to: info@myzagh.com

4. In the event the Buyer rightfully withdraws from the purchase agreement, the Operator is obligated, with no unnecessary delay and within 14 days of the withdrawal, to return the paid amount in the same manner as it was accepted. If for some reason, a refund in the same manner is not possible, the paid amount will be returned via bank transfer.

5. In the event the Buyer withdraws from the purchase agreement, the Operator is not obligated to issue a refund to the Buyer before the Buyer hands over the goods to the Operator. The seller is entitled to factor in compensation for damaged goods unilaterally against the Buyer’s claim for the purchase price refund.

6. In the event the Buyer withdraws from the purchase agreement unrightfully and will return the goods to the Operator, the goods shall not be accepted, or the goods shall be dispatched back to the Buyer at the Buyer’s expense.

7. The Buyer acknowledges that according to § 1837 of the Civil Code he/she cannot withdraw from the purchase agreement in the cases stipulated herein, in particular in the event of the delivery of goods that was adjusted based on the Buyer’s requirements or for him/her, or if the goods were used and therefore cannot be returned for hygienic reasons.

Claims:

1. For any claims, kindly contact us at info@myzagh.com.
2. Claims are governed by the Consumer Protection Act and we always try to find a solution to make you happy.

 

Exchanges and returns:

1. For exchanges  and returns, kindly contact us at info@myzagh.com. We always try to find a solution to make you happy.
2. In the Czech republic we process returns via Zasilkovna branches for free.
   In Slovakia, we process returns using Packeta branches for free.
3. Kindly repack the package, mark it with your name and order number and take it to a Zasilkovna/Packeta branch. There, using our identifier for returns: 92541370, the store staff will generate a return label and send the package back to us.

 

Final provisions

1. Communication languages between the Operator and Buyer and the language of the purchase agreement are Czech or English. 
2. Concluded purchase agreements are archived by the Operator electronically and are not available to any other parties.
3. In the event some of the provisions of these Terms and Conditions become invalid or ineffective for any reason, this fact does not cause invalidity or ineffectiveness of the remaining provisions of the Terms and Conditions or purchase agreement.
4. Terms and Conditions may be changed or amended by the Operator. The amended Terms and Conditions are valid on the day when they are published. Rights and obligations of the Operator and Buyer arisen prior to the new Terms and Conditions coming into effect are not affected by the change.
5. In the event the relationship arising from the purchase agreement includes an international (foreign) element, the contractual parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from the generally binding legislation.

 

Prague, 08.05.2023

Z-Moda s.r.o.