TERMS AND CONDITIONS
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”).
1 Definitions
1.1 In these Terms and Conditions:
1.1.1 “E-shop” means a computer program – an internet application, which is available on the Internet via the Internet address www.motherpower.world, the main functionality of which is the display, selection and ordering of Goods by the User;
1.1.2 “Purchase Agreement” means a purchase agreement within the meaning of Section 2079 et seq. of the Civil Code concluded between the Operator as the seller and the User as the buyer via the E-shop;
1.1.3 “Shopping Cart” means a part of the E-shop which is automatically generated by activating the relevant User functions in the User interface of the E-shop, by adding or removing Goods and/or changing the quantity of selected Goods, including but not limited to on the page of the selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended;
1.1.5 “Operator” means Movies From The Heart s.r.o., having its registered office at Školská 660/3, Nové Město, 110 00 Praha 1, CRN 23564334, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 33122;
1.1.6 “Consumer” means a User – a human being who, outside the scope of his or herbusiness activity or outside the scope of the independent exercise of his or her profession, concludes an Agreement with the Operator or otherwise negotiates with the Operator;
1.1.7 “User” means any legal entity or natural person who uses the E-shop;
1.1.8 “Goods” means an item offered by the Operator for sale to the User through the E-shop. The Operator offers both physical goods (for example, books) and intangible goods (for example, online programs). The provisions of these Terms and Conditions below shall therefore apply to the particular goods (physical or intangible) according to their nature.
2 Information for the Consumer prior to concluding the Contract
2.1 The Operator concludes Contracts with the User, the subject of which is the delivery of Goods.
2.2 Regarding the price of the Goods and transport costs and other fees, it holds that:
2.2.1 The prices of the provided Goods are indicated on the website both including and excluding VAT, including all fees stipulated by law.
2.2.2 In the event of withdrawal from the contract, if the Goods are in physical form, the Consumer bears the costs associated with returning the Goods, and in the case of a contract concluded via a means of distance communication, the costs of returning the Goods, if such Goods cannot be returned by ordinary postal means due to their nature.
2.3 The following applies to withdrawal from the contract:
2.3.1 Pursuant to the provisions of Section 1829 paragraph 1 of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of taking over the Goods. In the event that the subject matter of the Purchase Agreement is several types of Goods or the delivery of several parts, this period commences on the date of acceptance of the last delivery of the Goods. The notice of withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
2.3.2 The Consumer shall send the notice of withdrawal at his or her own expense to the Operator at the address Školská 660/3, Nové Město, 110 00 Praha 1.
2.3.3 The Consumer is obliged, without undue delay, no later than 14 days from the date the withdrawal from the Purchase Agreement occurred, to send the Goods back to the Operator or hand them over at the address of the Operator’s establishment or registered office. The period shall be deemed to have been observed if the Goods are sent to the Operator no later than the last day of the aforementioned period.
2.3.4 Pursuant to Section 1837 of the Civil Code, the Consumer may not withdraw from the contract:
a) for the provision of services, if they were performed with his or her prior express consent before the expiry of the withdrawal period and if the entrepreneur informed the consumer before concluding the contract that in such a case he or she has no right to withdraw from the contract,
b) for the delivery of goods or services, the price of which depends on fluctuations of the financial market independent of the entrepreneur’s will and which may occur during the withdrawal period,
c) for the delivery of alcoholic beverages, which can be delivered only after the lapse of thirty days and the price of which depends on the fluctuations of the financial market independent of the entrepreneur’s will,
d) for the delivery of goods that have been modified according to the consumer’s wishes or for his or her person,
e) for the delivery of goods that are subject to rapid deterioration, as well as goods which, after delivery, have been inseparably mixed with other goods,
f) for a repair or maintenance carried out at a place designated by the consumer at his or her request; however, this does not apply in the case of subsequent performance of repairs other than those requested or the delivery of spare parts other than those requested,
g) for the delivery of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it is not possible to return them,
h) for the delivery of an audio or video recording or a computer program, if the consumer has breached their original packaging,
i) for the delivery of newspapers, periodicals or magazines,
j) for accommodation, transport, catering or the use of leisure activities, if the entrepreneur provides such performance on a specified date,
k) concluded by public auction under the Act regulating public auctions, or
l) for the supply of digital content, if it was not delivered on a tangible medium and was delivered with the consumer’s prior express consent before the expiry of the withdrawal period and if the entrepreneur informed the consumer prior to concluding the contract that in such a case he or she has no right to withdraw from the contract.
2.3.5 If the Consumer withdraws from the Purchase Agreement, he or she is obliged to provide a written statement of his or her bank account number for the refund of the purchase price of the Goods, which may be reduced if there are statutory reasons to do so.
2.3.6 If the Consumer withdraws from the contract, the Operator shall return all financial means received from the Consumer under the contract, including delivery costs, without undue delay and no later than within fourteen days of the withdrawal from the contract, in the same manner. The Operator shall only return the financial means received to the Consumer by a different method if the Consumer agrees to it and if no further costs arise for the Consumer. The Operator is not obliged to return the financial means received from the Consumer before it receives the Goods back or before the Consumer proves that he or she has sent the Goods back, whichever occurs first.
2.3.7 If the Consumer withdraws from the Purchase Agreement regarding Goods that are returned to the Operator damaged and/or worn, especially if the original labels (i.e. tags, stickers, etc.) have been removed, the Consumer shall be obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.
2.3.8 The withdrawal form for the Purchase Agreement is attached as Appendix No. 1 to these Terms and Conditions.
2.4 The Consumer is liable to the Operator for any reduction in the value of the Goods as a result of handling such Goods in a manner other than that necessary to become familiar with the nature and properties of the Goods, including their functionality.
2.5 The Operator makes use of the option of out-of-court complaint resolution by consumers. In the event of a complaint, Consumers may contact, free of charge,the relevant staff member of the Operator at the email address your@motherpower.world. They may also submit a complaint to the supervisory authority or the state supervisory body. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions determined by the applicable legal regulations; its website is www.coi.cz.
3 Process of concluding the Contract
3.1 Through the E-shop, the Operator offers the User the purchase of Goods by stating the designation of the Goods, detailed information about the properties of the Goods, the price of the Goods including value added tax and all related fees, transport costs, and, where appropriate, the cost of returning the Goods if they cannot be returned by ordinary postal service due to their nature.
3.2 To order Goods, the User shall add the Goods to the Shopping Cart of the E-shop (on the page of the selected Goods) by completing the order form, which contains, in particular, the following information:
3.2.1 the Goods being ordered;
3.2.2 the method of payment of the purchase price;
3.2.3 the costs associated with delivery,
hereinafter also referred to as the "Order".
3.3 Before sending the Order, the User is entitled to review and modify its contents and the data entered.
3.4 The User undertakes to fill in truthful and complete data in the relevant text fields, in particular his or her email address, telephone number, identification details, and possibly the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by the User to be correct and complete and is not authorised to verify such data.3.5 The User sends the Order to the Operator by clicking on the button marked “continue to payment” or a button with a similar meaning.
3.6 The Operator shall immediately confirm receipt of the Order to the User by email to the address provided by the User in the Order.
3.7 The Operator is entitled to request additional confirmation of the Order from the User.
3.8 The Purchase Agreement between the Operator and the User is concluded upon delivery of the acceptance of the Order (the proposal for conclusion of the contract), which is sent to the User in accordance with paragraph 3.6 of these Terms and Conditions.
3.9 The User consents to the use of remote communication means when concluding a Purchase Agreement. Any costs incurred in connection with the conclusion of a Purchase Agreement shall be borne by the User himself or herself. The Operator is not entitled to any reimbursement.
3.10 All Goods presented within the user interface of the E-shop are for information purposes only, and the Operator is not obliged to conclude a Contract in relation to such Goods. The provisions of Section 1732 paragraph 2 of the Civil Code shall not apply.
4 Purchase Agreement
4.1 The following provisions shall come into effect upon the conclusion of the Purchase Agreement:
4.1.1 The User purchases from the Operator the Goods selected by the User within the user interface of the E-shop by placing them in the Shopping Cart,
in the quantity selected and/or set by the User for the given Goods in the user interface of the E-shop, and the User undertakes to pay the Operator the price stated for such Goods in the user interface of the E-shop.4.1.2 The Operator is entitled to withdraw from the Purchase Agreement until the moment the Goods are dispatched to the User, for any reason or without giving any reason. Withdrawal from the Purchase Agreement shall also be deemed to include a legal act by the Operator informing the User that the Goods ordered by the User cannot be delivered.
4.1.3 The method of packaging the Goods is determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
4.1.4 The User is obliged to pay the Operator the costs associated with delivery of the said Goods to the User, in the amount indicated with the given Order in the user interface of the Portal (if no costs are indicated, then packaging and shipping are free of charge).
4.1.5 The User has the right to choose from among the payment methods displayed to the User in the user interface of the E-shop for the payment of the purchase price for the Goods and, where applicable, other monetary performances to the Operator.
4.1.6 If any of the methods of payment contains information about the costs of making such payment, the User is obliged to bear the costs of making such payment, which are indicated for the particular payment in the user interface of the E-shop.
4.1.7 In the case of cashless payment by bank transfer, the User is obliged to include the variable symbol specified by the Operator.
4.1.8 In the case of cashless payment, the User’s obligation to pay the purchase price
is fulfilled at the moment the relevant amount is credited to the Operator’s bank account.4.1.9 The Operator is entitled to grant the User a discount on the price of the Goods. Discounts on the price of the Goods may be combined unless otherwise expressly stated.
4.1.10 The purchase price of the Goods does not include any payments, fees or other remuneration which the User must expend for services provided by third parties in connection with paying the purchase price for the Goods; such costs are borne solely by the User.
4.1.11 The Operator reserves the right of ownership to the Goods that are the subject matter of the Purchase Agreement until the full payment of the purchase price for the said Goods by the User.
4.1.12 The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. Any delivery periods specified in the user interface of the E-shop are for reference purposes only.
4.1.13 The Operator shall always send the User a tax document – an invoice in electronic form to the User’s email address provided in the given order within the User interface of the E-shop.
4.1.14 If the Operator provides the User with a gift together with the Goods, a donation contract between the User and the Operator shall be concluded with the resolutory condition that, in the event of the termination of the Purchase Agreement (e.g. withdrawal from the Purchase Agreement), the said donation contract shall also terminate without further action from the outset, along with the Purchase Agreement, and the User shall be obliged to return the provided gift to the Operator together with the Goods.
4.1.15 The Operator provides the User with a warranty for the Goods only if a warranty period
is specified for the given Goods in the user interface of the E-shop, for the duration of that warranty period, provided that such specified warranty applies only to the Consumer.4.1.16 The User is entitled to exercise the right to withdraw from the contract and the rights arising from defective performance against the Operator at its seat or establishment. The moment of filing a complaint is deemed to be the moment the Operator has received the Goods claimed from the User.
4.1.17 The risk of loss, damage and/or destruction of the Goods that are the subject matter of the Purchase Agreement shall pass to the User who is a Consumer at the moment the User takes possession of the Goods.
4.1.18 The risk of loss, damage and/or destruction of the Goods, which is the subject of the Contract, shall pass to the User who is not a Consumer at the moment the given Goods are accepted by the User.
5 Complaints Procedure
5.1 The Operator is liable to the User that the Goods are free of defects upon acceptance. In particular, the Operator is liable to the Consumer that the Goods
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
b) are suitable for the purpose for which the Consumer requires them and with which the Operator has agreed, and
c) are delivered with the agreed accessories and instructions for use, including instructions for assembly or installation.
5.2 The Operator is liable to the Consumer that, in addition to the agreed properties
a) the Goods are suitable for the purpose for which Goods of this kind are usually used, also with regard to the rights of third parties, Legal regulations, technical standards or codes of conduct of the given sector, unless there are no technical standards,
b) the Goods, in terms of quantity, quality and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same kind that the Consumer may reasonably expect, also with regard to public statements made by the Operator or another person in the same contractual chain, especially advertising or labeling, unless the Operator proves that it was not aware of it or that it was modified by at least a comparable method at the time of concluding the Contract, or that it could not have influenced the purchase decision,
c) the Goods are delivered with accessories, including packaging, assembly instructions and other instructions for use, which the Consumer may reasonably expect, and
d) the Goods correspond in quality or design to the sample or model that the Operator provided to the Consumer before concluding the Purchase Agreement.
5.3 Paragraph 5.2 does not apply if the Operator specifically informed the Consumer before concluding the Purchase Agreement that a certain property of the Goods differs and the Consumer expressly agreed to this when entering into the Purchase Agreement.
5.4 If a defect manifests itself within one year of Acceptance, it is presumed that the Goods were defective already at Acceptance, unless the nature of the Goods or the defect precludes this. This period does not run for the time during which the Consumer cannot use the Goods if the defect was legitimately complained about.
5.5 If the nature of the purchase allows it, the Consumer has the right to have the Goodsinspected in front of them or to have its functions demonstrated.
5.6 If the Defective performance constitutes a non-substantial breach of the Purchase Agreement, the User has the right to remedy of the defect, or to a reasonable Discount on the purchase price.
5.7 As long as the User has not exercised the right to a Discount on the purchase price or has not withdrawn from the Purchase Agreement, the Operator may deliver what is missing or remove the legal defect. The Operator may remove other defects at its discretion by repairing the Goods or delivering new Goods; the choice must not cause the User unreasonable costs.
5.8 If the Operator does not remove the defect of the item in time or refuses to remove the defect of the Goods, the User may request a Discount on the purchase price, or may withdraw from the Purchase Agreement. The User cannot change the chosen option without the Operator's consent.
5.9 If the Defective performance constitutes a fundamental breach of the Purchase Agreement, the User has the right
a) to remedy of the defect by delivering new Goods without defects or delivering the missing item,
b) to remedy of the defect by repairing the Goods,
c) to a reasonable Discount on the purchase price, or
d) to withdraw from the Purchase Agreement.
5.10 The User shall inform the Operator which right they have chosen at the time of reporting the defect, or without undue delay after reporting the defect. The User cannot change the chosen option without the Operator's consent; this does not apply if the User requested a Repair of the defect that proves to be irreparable. If the Operator does not remove the defects within a reasonable period or notifies the User that it will not remove them, the User may request instead of defect removal a reasonable Discount on the purchase price, or may withdraw from the Purchase Agreement.
5.11 If the User does not choose their right in time, they shall have the rights set out in paragraphs 5.6 to 5.8.
5.12 The Consumer may claim a defect that appears on the Goods within two years of Acceptance.
5.13 The court shall grant the right arising from a defect even if it was not claimed without undue delay after the Consumer could have discovered it with sufficient care.
5.14 If the Consumer has rightfully claimed a defect from the Operator, the period referred to in paragraph 5.12 does not run for the time during which the Consumer cannot use the Goods.
5.15 Except in cases where another person is designated to carry out the Repair, the Operator shall accept the Complaint at any of its premises where such Complaint can be accepted, or possibly at its registered office.
5.16 Upon the filing of a Complaint, the Operator shall issue the Consumer a Written confirmation stating the date the Consumer filed the Complaint, its content, the manner of Complaint resolution requested by the Consumer, and the Consumer's contact details for the purpose of providing information on the resolution of the Complaint. This obligation also applies to other persons designated to carry out the Repair.
5.17 The Complaint, including defect removal, must be resolved and the Consumer must be informed of it no later than 30 days from the date of filing the Complaint, unless the Consumer and the Operator agree on a longer period.
5.18 After the futile expiry of the period under paragraph 5.17, the Consumer may withdraw from the Purchase Agreement or request a reasonable Discount.
5.19 The Operator shall issue the Consumer a confirmation of the date and manner of Complaint resolution, including a confirmation of the Repair carried out, and the duration thereof, or a Written justification of the Complaint's rejection. This obligation also applies to other persons designated to carry out the Repair.
5.20 If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods free of defects, unless this is disproportionate regarding the nature of the defect, but if the defect relates only to a component of the Goods, the Consumer may only demand the replacement of such component; if this is not possible, the Consumer has the right to withdraw from the Purchase Agreement.
5.21 The Consumer also has the right to the delivery of new Goods or replacement of a component in the case of a removable defect if they cannot properly use the Goods due to the repeated occurrence of the defect after a Repair or due to a greater number of defects. In such case, the Consumer has the right to withdraw from the Purchase Agreement.
5.22 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to the delivery of new Goods free of defects or to the replacement of a component or to the Repair of the Goods, they may request a reasonable Discount. The Consumer is also entitled to a reasonable Discount if the Operator cannot deliver new Goods free of defects, replace its component or repair the Goods, as well as if the Operator fails to remedy the situation within a reasonable time or if remedying the situation would cause the Consumer significant difficulties.
5.23 The Consumer is not entitled to the Right arising from defective performance if, before Acceptance of the Goods, the Consumer knew that the Goods were defective or if the Consumer caused the defect themselves.
5.24 The Operator's Liability for defects in the Goods does not apply to wear and tear of the Goods caused by normal use, or in the case of Goods sold at a lower purchase price, to a defect for which the lower purchase price was agreed, or in the case of used Goods, to a defect corresponding to the degree of use or wear that the Goods had at the time of Acceptance by the Consumer, or if it follows from the nature of the Goods.
5.25 If a Warranty is provided for the Goods, the Consumer has the right to assert Liability for defects through the Warranty period.
5.26 At the Consumer's request, the Operator is obliged to provide the Consumer with a Warranty certificate. If the nature of the Goods allows, it is sufficient instead of the Warranty certificate to issue the Consumer a proof of purchase of the Goods containing the data that the Warranty certificate must contain. The Warranty certificate must include the name and surname, the name or business name, company ID, and the registered office of the Operator.
5.27 In the event that the Consumer exercises their right to defect removal of the Goods by a Repair for the Goods for which, for the purposes of warranty repairs, there is a designated entrepreneur different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer, the Consumer shall exercise the right to a warranty Repair with such entrepreneur.
5.28 The Complaint regarding the Goods, including the removal of defects of the given Goods, must be resolved without undue delay, no later than 30 days from the date of filing the Complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer has the same rights as if it were a fundamental breach of the Contract.
5.29 The running of the period for resolving the Complaint is suspended if the Operator has not received all the documents necessary to resolve the given Complaint, and it resumes once such documents have been provided.
5.30 After the proper resolution of the given Complaint, the Operator or an entity designated by it shall invite the Consumer to accept the repaired Goods.
6 Personal Data Protection
6.1 The Operator is obliged by law to protect and secure the provided personal data. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorised disclosure or use.
6.2 More detailed information on personal data protection can be found in the Privacy Policy here: www.motherpower.world/privacy-policy
7 Use of the E-shop
7.1 The Operator hereby grants the User a non-exclusive licence to use the E-shop in the manner foreseen by these Terms and Conditions.
7.2 The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
7.3 The Operator has the right to restrict or suspend the functionality of the E-shop or access to it for the time strictly necessary for maintenance or Repair of the E-shop or for another reason on the side of the Operator or a third party.
7.4 The User is obliged to comply with the valid and effective Legal regulations of the Czech Republic and Evropského společenství when using the E-shop. Any damage that would thus be caused to the Operator or third parties must be compensated for by the User in full.
8 Operator's Declaration
8.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against alterations.
8.2 Due to a technical error in the E-shop, the purchase price of the Goods displayed may grossly differ from the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the given Goods at the displayed purchase price, shall contact the User and inform them of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price. If they do not accept, the Purchase Agreement is cancelled ab initio.
8.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may appear misleading due to their conversion into the User's technical device display. Therefore, the User is always obliged to read the entire description of the given Goods and, in case of any doubts, contact the Operator.
9 Governing Law
9.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the Legal order of Czech Republic, in particular the Civil Code.
10 Effectiveness
10.1 These Terms and Conditions come into effect on 12th of December 2025.