Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
of the company
Shopen Group s.r.o.
registered office: Purkyňova 3050/99a, 612 00 Brno, Czech Republic
company ID No.: 293 65 252
registered in the Commercial Register kept by the Regional Court in Brno, Section C, File 75661
for the sale of goods through the online shop available at www.bagalio.eu
1 INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions (hereinafter the “T&Cs”) of Shopen Group s.r.o. (hereinafter the “Seller”) are drafted in accordance with Regulation (EU) 2019/770 on digital content & services, Directive 2011/83/EU on consumer rights and other applicable EU legislation. They govern the mutual rights and obligations arising from the distance sales contract (hereinafter the “Contract”) concluded between the Seller and a natural person acting as consumer (hereinafter the “Buyer”) via the Seller’s online shop at www.bagalio.eu (hereinafter the “Website”) through its user interface (hereinafter the “Store Interface”).
1.2 These T&Cs do not apply where the person purchasing goods acts within the scope of business, trade or profession. In that case the rules of commercial law of the relevant Member State apply.
1.3 Provisions that derogate from the T&Cs may be agreed in the Contract; such provisions prevail over the wording of the T&Cs.
1.4 The T&Cs form an integral part of the Contract. The Contract and the T&Cs are executed in English and are intended for use throughout the EU Single Market.
1.5 The Seller may amend the T&Cs; rights and obligations created under earlier versions remain unaffected.
2 USER ACCOUNT
2.1 Upon registration on the Website the Buyer gains access to a personal interface (the “User Account”), through which orders can be placed. Ordering without registration via the Store Interface is also possible.
2.2 The Buyer must provide accurate and complete data during registration and ordering and update them whenever they change. The Seller treats the data as correct.
2.3 Access to the User Account is protected by a username and password; the Buyer must keep these credentials confidential.
2.4 The Buyer shall not allow third parties to use the User Account.
2.5 The Seller may deactivate a User Account, in particular if it has been inactive for more than two years or if the Buyer breaches the Contract.
2.6 The Buyer acknowledges that the User Account may be temporarily unavailable due to necessary maintenance of hardware or software.
3 CONCLUSION OF THE SALES CONTRACT
3.1 Product listings in the Store Interface are invitations to treat; the Seller is not obliged to conclude a Contract for those products.
3.2 The Store Interface displays information about the goods, including prices in EUR inclusive of VAT and any return costs where applicable. Prices remain valid while displayed.
3.3 The Store Interface also specifies packing and shipping charges applicable within the EU.
3.4 To place an order the Buyer completes an electronic form containing:
a) a description of the selected goods;
b) chosen payment and delivery method;
c) the applicable delivery costs (collectively the “Order”).
3.5 Prior to submission the Buyer can review and correct the Order. The Order is submitted by clicking “PLACE ORDER”; the Seller immediately confirms receipt by e‑mail.
3.6 Depending on the Order (value, quantity, delivery costs) the Seller may request additional confirmation (e.g. by e‑mail or phone).
3.7 The Contract is concluded once the Buyer receives the Seller’s e‑mail expressly accepting the Order.
3.8 The Buyer agrees to the use of distance‑communication means. Any costs incurred (internet, telephone) are borne by the Buyer.
3.9 The Buyer may cancel an Order without stating reasons by e‑mailing [email protected] before dispatch.
4 PRICE AND PAYMENT
4.1 The Buyer may pay the purchase price and delivery costs:
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Cash on delivery (where available);
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Bank transfer to the Seller’s account (Wise Europe SA);
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Online payment gateway (GOPAY);
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Credit / debit card online.
4.2 Unless otherwise stated, the purchase price includes delivery charges.
4.3 No advance payment is required unless Article 4.6 applies.
4.4 For cash‑on‑delivery, payment is due upon receipt; for non‑cash payments within 14 days after Contract conclusion.
4.5 For bank transfers the Buyer must state the payment reference; the obligation is fulfilled when funds are credited to the Seller’s account.
4.6 If the Buyer fails to confirm the Order (Article 3.6) the Seller may require full pre‑payment.
4.7 Discounts are not cumulative.
4.8 The Seller issues an invoice (VAT compliant) and sends it electronically after payment.
4.9 The ePlatba+ service allows instant online banking transfers.
4.10 Goods are dispatched after payment confirmation. Transactions are processed by GOPAY.
4.11 Sensitive banking data are protected by bank gateways and are not accessible to third parties.
4.12 By concluding the Contract the Buyer consents to processing of contact data for payment execution.
4.13 Recurring card payments:
a) At first purchase the Buyer enters card data via secure 3‑D Secure; card data are stored by the bank.
b) Future payments by the registered Buyer are processed automatically without redirecting to the payment page.
5 RIGHT OF WITHDRAWAL
5.1 The Buyer acknowledges that, in line with Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to: goods made to the Buyer’s specifications; perishable goods; sealed goods unsealed after delivery for health‑protection or hygiene reasons; or sealed audio‑/video‑recordings or software once unsealed.
5.2 For other goods the Buyer may withdraw within 14 days of delivery (or of the last part of a split delivery) without giving any reason, by sending a clear statement to the Seller’s postal address or [email protected] within the deadline.
5.3 Withdrawal terminates the Contract ex tunc. The Buyer must return the goods within 14 days; return costs are borne by the Buyer up to the cost of the least‑expensive standard delivery method offered.
5.4 The Seller refunds all payments received using the same means of payment within 14 days of receiving the withdrawal notice, but not before the goods are returned or the Buyer proves dispatch.
5.5 The Seller may deduct compensation for diminished value of the goods resulting from handling other than necessary to establish their nature, characteristics and functioning.
5.6 The Seller may also withdraw from the Contract at any time before delivery, refunding the full price.
5.7 If a gift was provided with the goods, the gift agreement is conditional upon the non‑withdrawal; if the Buyer withdraws, the gift must be returned.
5.8 The Seller voluntarily extends the return period to 30 days, provided the goods are unused, undamaged and in original packaging with all labels; returns should be sent to Křenova 409/52, 602 00 Brno, CZ.
5.9 A model withdrawal form is available on the Website.
6 DELIVERY OF GOODS
6.1 If a special delivery method is chosen at the Buyer’s request, the Buyer bears the risk and any extra costs.
6.2 The Buyer must take delivery at the agreed place.
6.3 If re‑delivery or an alternative delivery method is required due to the Buyer, the Buyer bears the related costs.
6.4 Upon receipt the Buyer must check the package integrity and immediately notify the carrier of any damage; in case of serious damage the Buyer may refuse the shipment.
6.5 Further delivery terms may be set out in the Seller’s separate Shipping Policy.
7 PRODUCT EXCHANGE
7.1 The Buyer may request an exchange if the goods are unused, undamaged and in original packaging with labels.
7.2 Exchanges can be made in person at Bagalio, Křenova 409/52, Brno, or by sending the goods (registered parcel) to the same address, enclosing a copy of the invoice, a cover letter specifying the desired item and the IBAN for any price difference.
7.3 Price differences are settled by bank transfer or cash on collection as agreed.
7.4 All exchange costs are borne by the Buyer.
8 LIABILITY FOR DEFECTS (WARRANTY)
8.1 The parties’ rights and obligations regarding conformity of goods are governed by Directive (EU) 2019/771 on the sale of goods and the national transposition laws.
8.2 The Seller guarantees that upon delivery the goods:
a) are as described and possess the agreed qualities;
b) are fit for their normal purpose;
c) match any sample or model;
d) are of the agreed quantity and weight;
e) comply with applicable EU and national law.
8.3 Any lack of conformity appearing within 12 months of delivery is presumed to have existed at delivery unless proved otherwise.
8.4 The Buyer may exercise rights for lack of conformity within 24 months (or longer where commercial warranty applies).
8.5 The warranty does not cover defects for which a price reduction was agreed, ordinary wear, or defects caused by the Buyer.
8.6 Claims are asserted against the Seller unless a closer authorised service centre is indicated. The Seller issues written confirmation of receipt and outcome of every claim.
8.7 Claims may be submitted at Bagalio, Křenova 409/52, 602 00 Brno (CZ) or [email protected].
8.8 When reporting a defect the Buyer states the chosen remedy; the choice cannot be changed without the Seller’s consent.
8.9 For non‑conforming goods the Buyer may demand repair, replacement, proportional price reduction or rescission, pursuant to Directive 2019/771.
8.10 Further details are provided in the Seller’s Warranty Policy.
9 ADDITIONAL RIGHTS AND OBLIGATIONS
9.1 Title passes to the Buyer upon full payment.
9.2 The Seller is not bound by any codes of conduct within the meaning of Article 25(1)(a) of Directive 2005/29/EC.
9.3 Complaints are handled via [email protected]; the Seller replies in writing.
9.4 For alternative dispute resolution (ADR) the Buyer may use the EU ODR platform at https://ec.europa.eu/consumers/odr. National ADR entities designated under Directive 2013/11/EU are competent.
9.5 The European Consumer Centre (ECC) in each Member State serves as the contact point under Regulation (EU) 524/2013.
9.6 The Seller operates under a valid trade licence; supervision is exercised by competent national authorities (e.g. consumer protection, data‑protection authority).
9.7 The Buyer accepts the risk of a change of circumstances within the meaning of Article 6:111 PECL.
10 PERSONAL DATA PROTECTION
10.1 Information pursuant to Article 13 of the GDPR on processing the Buyer’s personal data for Contract performance and statutory obligations is provided in the Seller’s Privacy Policy.
11 MARKETING & COOKIES
11.1 The Buyer consents to receive product/service information and marketing e‑mails; details are set out in the Privacy Policy.
11.2 The Buyer consents to the storage of cookies; consent may be withdrawn if the purchase can be completed without cookies.
12 NOTICES
12.1 Communication between the parties takes place via the Buyer’s stated e‑mail address unless agreed otherwise.
13 FINAL PROVISIONS
13.1 If the Contract involves an international element, the parties agree on the law of the Member State in which the Buyer resides; mandatory consumer rights under the law of the Buyer’s Member State remain unaffected.
13.2 Should any provision of these T&Cs be or become invalid or unenforceable, the remaining provisions shall remain valid. The invalid provision shall be replaced by one that best approximates its economic purpose.
13.3 The Contract and the T&Cs are archived electronically by the Seller and are not publicly accessible.
13.4 Seller contact details: Bagalio, Křenova 409/52, 602 00 Brno, Czech Republic; e‑mail [email protected].
Brno, 2 January 2025
