TERMS AND CONDITIONS
of the commercial company HANAH MARIAH s.r.o.having its registered office at Vladislavova 1388/6, 110 00 Prague 1, Czech Republic
Identification No.: 25505033
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 229888
for the sale of goods via the online shop located at www.fabricsdeluxe.com
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of HANAH MARIAH s.r.o., having its registered office at Vladislavova 1388/6, 110 00 Prague 1, Czech Republic, Identification No. 25505033, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 229888 (hereinafter referred to as the "Seller") govern, in accordance with Section 1751(1) 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 on the basis of a contract of sale (hereinafter referred to as the "Contract of Sale") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller’s online shop. The online shop is operated by the Seller at www.fabricsdeluxe.com (hereinafter referred to as the "Website"), via the website interface (hereinafter referred to as the "Shop Interface").
1.2. Definitions:
- Consumer – a natural person who, when concluding and performing the contract, does not act within the scope of their business activity or other entrepreneurial activity, nor within the scope of independent performance of their profession.
- Buyer who is not a Consumer – a person who, when concluding and performing the contract, acts within the scope of their business activity or other entrepreneurial activity, or within the scope of independent performance of their profession.
1.3. The Terms and Conditions also govern the rights and obligations of the parties in connection with the use of the Seller’s Website at www.fabricsdeluxe.com and other related legal relationships. The Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller acts within the scope of their business activity when placing an order (is not a Consumer).
1.4. Provisions deviating from the Terms and Conditions may be agreed in the Contract of Sale. Deviating provisions of the Contract of Sale shall prevail over the provisions of the Terms and Conditions.
1.5. The Terms and Conditions form an integral part of the Contract of Sale. The Contract of Sale and the Terms and Conditions are drawn up in the Czech language. The Contract of Sale may be concluded in the Czech language.
1.6. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect 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 on the Website, the Buyer may access their user interface. From this interface, the Buyer may place orders (hereinafter referred to as the "User Account"). If the Shop Interface allows, the Buyer may also place orders without registration directly through the Shop Interface.
2.2. When registering on the Website and when placing an order, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data in the User Account in the event of any change. The data provided by the Buyer in the User Account and when placing an order are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the User Account and acknowledges that the Seller bears no responsibility for breach of this obligation by the Buyer.
2.4. The Buyer is not authorised to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer does not use the User Account for more than one (1) year or if the Buyer breaches their obligations arising from the Contract of Sale (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.
3. CONCLUSION OF THE CONTRACT OF SALE
3.1. All presentations of goods in the Shop Interface are for informational purposes only and the Seller is not obliged to conclude a Contract of Sale regarding such goods. Section 1732(2) of the Civil Code does not apply.
3.2. The Shop Interface contains information about the goods, including prices. Prices are stated inclusive of VAT. The designation of goods and their characteristics are stated for each item directly in the online shop. Delivery costs are stated separately in the Shop Interface and are borne by the Buyer.
3.3. The offer to sell goods and prices remain valid as long as they are displayed in the Shop Interface. This provision does not limit the Seller’s ability to conclude a Contract of Sale under individually agreed conditions.
3.4. To order goods, the Buyer fills in the order form in the Shop Interface. The order form contains in particular information about:
- the ordered goods (the Buyer “adds” the goods to the electronic shopping basket),
- the method of payment of the purchase price, information on the requested delivery method, and
- information on costs associated with delivery
(hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered, including correcting input errors. The Buyer sends the Order to the Seller by clicking the “Order” button. The data stated in the Order are considered correct. The Seller confirms receipt of the Order to the Buyer without undue delay by email to the Buyer’s email address stated in the user interface or in the Order (hereinafter referred to as the "Buyer’s Email Address").
3.6. The Seller is entitled, depending on the nature of the Order (quantity, amount, estimated transport costs), to request additional confirmation of the Order from the Buyer (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s Email Address.
3.8. The Buyer acknowledges that the Seller is not obliged to conclude a Contract of Sale, in particular with persons who have previously materially breached the Contract of Sale (including the Terms and Conditions).
3.9. The Buyer agrees to the use of distance communication means when concluding the Contract of Sale. Costs incurred by the Buyer when using distance communication means (internet connection, telephone calls) are borne by the Buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods, always stated inclusive of VAT, and any costs associated with delivery of the goods under the Contract of Sale may be paid by the Buyer to the Seller in the following ways:
- cashless payment by payment card: the Buyer is redirected to a secure payment gateway of the bank, where they enter the necessary payment details. If the payment is not verified within 3 hours, the payment instruction is cancelled and the goods are removed from the basket and returned to stock. This payment method is considered advance payment of the purchase price. Seller’s employees do not have access to the Buyer’s card details; these are processed exclusively by the bank;
- cashless payment via the PayPal service.
4.2. If a payment method offered by PayPal is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., having its registered office at 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). Applicable PayPal terms are available at: https://www.paypal.com/fr/webapps/mpp/ua/privacywax-full. If the Buyer selects a PayPal payment method during the online ordering process, the Seller accepts the Buyer’s offer at the moment the Buyer clicks the button completing the order.
4.3. The Buyer is obliged to pay the Seller, together with the purchase price, the costs associated with packaging and delivery of the goods (transport costs) in the agreed amount. Unless expressly stated otherwise, the purchase price also includes delivery costs.
4.4. The Seller does not require a deposit or any similar payment. This provision does not affect the Buyer’s obligation to pay the purchase price in advance in cases stipulated in these Terms and Conditions.
4.5. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
4.6. In the case of cashless payment by payment card or via PayPal, the purchase price is payable at the moment the order is sent.
4.7. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code does not apply.
4.8. Any discounts granted by the Seller to the Buyer cannot be combined.
4.9. The Seller issues a tax document for payments made under the Contract of Sale, which is sent to the Buyer electronically (to the email address provided when placing the order) together with the order confirmation. The Seller is a VAT payer.
5. RIGHT OF WITHDRAWAL / TERMINATION OF THE CONTRACT OF SALE
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Contract of Sale for the supply of goods that have been modified according to the Buyer’s wishes or for their person, goods that are subject to rapid deterioration, goods that have been irreversibly mixed with other goods after delivery, goods in sealed packaging which the consumer has opened and which cannot be returned for hygiene reasons, and for the supply of audio or video recordings or computer software if their original packaging has been damaged.
5.2. If this is not a case referred to in Article 5.1 or another case where withdrawal is excluded, the Buyer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Contract of Sale within fourteen (14) days of receipt of the goods; where the subject of the Contract of Sale consists of several types of goods or delivery in several parts, this period runs from receipt of the last delivery.
5.3. Withdrawal from the Contract of Sale must be sent to the Seller within the period stated in Article 5.2. To withdraw, the Buyer may use the standard form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal may be sent in particular to the Seller’s business address or to the Seller’s email address.
5.4. In the event of withdrawal under Article 5.2, the Contract of Sale is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal. In the event of withdrawal, the Buyer bears the costs of returning the goods, including where the goods cannot be returned by ordinary postal means due to their nature.
5.5. In the event of withdrawal under Article 5.2, the Seller shall refund the funds received from the Buyer within fourteen (14) days of withdrawal, in the same manner as used for payment, unless agreed otherwise and provided this does not incur additional costs for the Buyer. The Seller is also entitled to refund upon return of the goods or otherwise. The Seller is not obliged to refund before receiving the returned goods.
5.6. The Seller is entitled to unilaterally set off a claim for damage to the goods against the Buyer’s claim for refund of the purchase price.
5.7. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the Contract of Sale at any time. In such case, the Seller shall refund the purchase price without undue delay, in the same manner as used for payment, unless agreed otherwise.
5.8. If a gift is provided together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to a resolutory condition: in the event of withdrawal from the Contract of Sale by the Buyer, the gift agreement regarding such gift becomes void and the Buyer is obliged to return the gift together with the goods.
Withdrawal form available here: WITHDRAWAL FORM
5.9. For a Buyer who is not a Consumer, withdrawal from the Contract of Sale is not possible.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, under the Contract of Sale, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with such repeated deliveries or alternative delivery method.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, immediately notify the carrier. In the event of evident damage to the packaging indicating unauthorised interference with the shipment, the Buyer is not obliged to accept the shipment.
6.5. Other rights and obligations of the parties during transport may be governed by the Seller’s special delivery conditions, if issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by applicable legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants that at the time the Buyer received the goods:
- the goods have the agreed characteristics; in the absence of agreement, they have the characteristics described by the Seller or manufacturer or that the Buyer could reasonably expect given the nature of the goods and based on advertising,
- the goods are fit for the purpose stated by the Seller or for the usual purpose of goods of this type,
- the goods correspond in quality or design to the agreed sample or model, if quality or design was determined according to a sample or model,
- the goods are in appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
7.3. The provisions of Article 7.2 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, to second-hand goods with respect to defects corresponding to the degree of use or wear they had upon receipt by the Buyer, or where this results from the nature of the goods.
7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to assert rights arising from a defect in consumer goods within twenty-four (24) months of receipt.
7.5. The Buyer exercises rights arising from defective performance with the Seller at the address of its business premises where acceptance of a complaint is possible with regard to the assortment sold, or possibly also at the registered office or place of business. The moment of lodging the complaint is deemed to be the moment the Seller received the goods subject to complaint.
7.6. Other rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.
Form for lodging a complaint and exercising rights arising from defective performance: COMPLAINT FORM
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price.
8.2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Out-of-court settlement of consumer complaints is handled by the Seller via its email address. The Seller sends information on the handling of the Consumer’s complaint to the Buyer’s email address.
8.3.1. In the event of a consumer dispute between the Seller and the Buyer arising from the Contract of Sale which cannot be resolved amicably, the Buyer may submit a proposal for out-of-court dispute resolution to the competent authority, namely:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Štěpánská 15
120 00 Praha 2
Email: adr@coi.cz
Website: adr.coi.cz
The Buyer may also use the online dispute resolution (ODR) platform established by the European Commission, available at: https://ec.europa.eu/consumers/odr/
8.4. The Buyer acknowledges that software and other components forming the Shop Interface (including photographs of offered goods) are protected by copyright. The Buyer undertakes not to engage in any activity that would allow them or third parties to interfere with or unauthorisedly use the software or other components of the Shop Interface.
8.5. When using the Shop Interface, the Buyer is not authorised to use mechanisms, software or other procedures that could have a negative impact on the operation of the Shop Interface. The Shop Interface may only be used to an extent that does not infringe the rights of other customers of the Seller and is consistent with its purpose.
8.6. The Buyer acknowledges that the Seller is not liable for errors resulting from third-party interference with the Website or use of the Website contrary to its purpose.
8.7. The Seller is authorised to sell goods based on a trade licence. Supervision of business activity is carried out by the competent authority. Supervision of personal data protection is carried out by the data protection authority. The Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.8. The Buyer bears the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Protection of personal data of the Buyer who is a natural person is ensured in accordance with Regulation (EU) 2016/679 (GDPR) and applicable legal regulations.
9.2. The Buyer agrees to the processing of the following personal data: first name and surname, address, identification number and tax identification number (if applicable), email address, telephone number (hereinafter collectively referred to as "Personal Data").
9.3. The Buyer agrees to the processing of Personal Data by the Seller for the purpose of performance of rights and obligations arising from the Contract of Sale and for the purpose of managing the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of Personal Data by the Seller for the purpose of sending information and commercial communications. Consent to processing of Personal Data under this Article is not a condition preventing conclusion of the Contract of Sale.
9.4. The Buyer acknowledges that they are obliged to provide Personal Data correctly and truthfully (during registration, in the User Account, when placing an order) and are obliged to inform the Seller without undue delay of any changes to Personal Data.
9.5. The Seller may entrust processing of Personal Data to a third party acting as a processor. With the exception of carriers, Personal Data will not be transferred to third parties without the Buyer’s prior consent.
9.6. Personal Data will be processed for an indefinite period. Personal Data will be processed electronically in an automated manner or in paper form in a non-automated manner.
9.7. The Buyer confirms that the Personal Data provided are accurate and that they have been informed that providing Personal Data is voluntary.
9.8. In connection with the processing of personal data, the Buyer has in particular the right to:
- request access to their personal data,
- request rectification or erasure of personal data, or restriction of their processing,
- object to the processing of personal data,
- the right to data portability,
- lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection.
9.9. Personal data are processed both automatically and manually and are appropriately secured against misuse.
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
10.1. The Buyer agrees to receive information related to the Seller’s goods, services or business at the Buyer’s Email Address and also agrees to receive commercial communications from the Seller at the Buyer’s Email Address.
10.2. The Buyer agrees to the storage of cookies on their computer. If purchase on the Website and fulfilment of the Seller’s obligations under the Contract of Sale are possible without storing cookies, the Buyer may withdraw consent at any time.
10.3. Customer satisfaction is assessed using questionnaires sent by email as part of the “Trusted Shops” programme in which the Seller’s online shop participates. These questionnaires are sent after completion of a purchase unless the Buyer has refused their sending pursuant to Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services.
10.4. The processing of personal data for the purpose of sending questionnaires is carried out on the basis of the Seller’s legitimate interest, which consists in measuring customer satisfaction. For this purpose, information about the purchased goods and the Buyer’s email address may be transferred to the operator of the Trusted Shops.com platform. Personal data are not transferred to third parties for their own marketing purposes.
10.5. The Buyer may object at any time to the sending of email questionnaires by refusing further questionnaires via the link contained in the email with the questionnaire.
11. FINAL PROVISIONS
11.1. If the relationship established by the Contract of Sale contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect Consumer rights arising from mandatory legal provisions.
11.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. Invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The Contract of Sale, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Seller’s contact details:
HANAH MARIAH s.r.o., obchod PAR EXCELLENCE, Vladislavova 1388/6, 110 00 Prague 1, Czech Republic
e-mail: info@fabricsdeluxe.com, telephone: (whatsapp): +420 602 224 264
11.5. Language and legal clause
These Terms and Conditions are provided in the English language as a translation of the Terms and Conditions drawn up in the Czech language. Legal relations are governed by the law of the Czech Republic. In the event of discrepancies between language versions, the Czech version of the Terms and Conditions shall prevail.
11.6. These Terms and Conditions, including their integral parts, are valid and effective as of 13 January 2026 and replace the previous version of the Terms and Conditions, including their integral parts. They are available at the Seller’s registered office and business premises as well as electronically at www.fabricsdeluxe.com.
In Prague, on 13 January 2026
Hana Konečná
Managing Director