Terms and Conditions

1. INTRODUCTORY PROVISIONS

1.1 These terms and conditions (hereinafter referred to as the ‘Terms and Conditions’) of the commercial company XXXX, with its registered office at XXXX, company registration number: XXXX, registered in the Commercial Register maintained by the Regional Court in XXXX, Section C XXXX, (hereinafter referred to as the ‘Seller’) govern, in accordance with the provisions of 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 “Sales Contract”) concluded between the Seller and another natural person or legal entity (hereinafter referred to as the “Buyer”) via the Seller’s online shop. The online shop is operated by the seller on a website located at the internet address XXXX ( hereinafter referred to as the “website”), via the website’s interface (hereinafter referred to as the “online shop interface”).

1.2 Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Any such deviating provisions in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.

1.3 The provisions of these Terms and Conditions form an integral part of the sales contract. The sales contract and these Terms and Conditions are drawn up in the Czech language. The sales contract may be concluded in the Czech language.

1.4 The Seller may amend or supplement the text of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2.USERACCOUNT

2.1 Following the Buyer’s registration on the website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter referred to as the “user account”). The buyer may also place orders for goods without registering, directly via the shop’s web interface.

2.2 When registering on the website and when ordering goods, the buyer is obliged to provide all details correctly and truthfully. The buyer is obliged to update the details provided in the user account in the event of any changes, at the latest before making a purchase. The information provided by the buyer in their user account and when ordering goods is deemed by the seller to be correct.

2.3 Access to the user account is secured by a username and password or via external login services such as Google or Facebook. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4 The Seller may cancel a user account at any time at its discretion should the Buyer breach their obligations under the sales contract (including these Terms and Conditions), or where the Seller deems it appropriate or necessary.

2.5 The Buyer acknowledges that the user account may not be available at all times, particularly in view of necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1 All presentations of goods displayed on the shop’s website are for information purposes only, and the seller is under no obligation to conclude a contract of sale in respect of such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2 The prices of the goods are quoted inclusive of all related charges. The seller is/is not a VAT payer. The prices of the goods remain valid for as long as they are displayed on the online shop. This provision does not restrict the seller’s ability to conclude a sales contract on individually agreed terms.

3.3 The online shop also contains information on the costs associated with the packaging and delivery of goods to all countries to which we deliver.

3.4 To order goods, the buyer shall complete the order form on the online shop’s website. The order form contains, in particular, information regarding:

• 4.1 the goods being ordered (the buyer ‘adds’ the goods being ordered to the electronic shopping basket on the online shop’s website),
• 4.2 the method of payment of the purchase price of the goods, details of the requested method of delivery of the goods ordered, and
• 4.3 information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘order’).

3.5 Before submitting the order to the seller, the buyer is able to check and amend the details they have entered into the order, including the ability to identify and correct any errors made whilst entering data into the order. The buyer submits the order to the seller by clicking on the ‘Submit Order’ button. The details specified in the order are deemed correct by the seller. Immediately upon receipt of the order, the Seller shall confirm this receipt to the Buyer by email, to the email address provided by the Buyer in their user account or in the order (hereinafter referred to as the ‘Buyer’s email address’).

3.6 Depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7 The contractual relationship between the Seller and the Buyer comes into effect upon delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by email to the email address provided by the Buyer in the order.

3.8 The buyer agrees to the use of means of distance communication when concluding the sales contract. Any costs incurred by the buyer when using means of distance communication in connection with the conclusion of the sales contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs shall not differ from the standard rate.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1 The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the sales contract in the following ways:

• 1.1 by bank transfer to the seller’s account held with XXXX (hereinafter referred to as the ‘seller’s account’), If you are paying by bank transfer, please ensure you pay the purchase price and include the correct payment reference, which is your order number. If you do not enter this payment reference, we may be unable to link the payment of the purchase price to the sales contract, and the goods will not be dispatched to you on time;
• 1.2 by card payment;

4.2 In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.

4.3 The seller may require the buyer to pay a deposit if the buyer orders a quantity of products greater than usual or for an amount exceeding 10,000 Czech koruna. This is without prejudice to the provision of Clause 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In the case of a non-cash payment by bank transfer, the purchase price is payable within 7 days of the conclusion of the sales contract.

4.5 The buyer is obliged to pay the purchase price of the goods, quoting the payment reference number. The buyer’s obligation to pay the purchase price is fulfilled upon the relevant amount being credited to the seller’s account.

4.6 The seller and the buyer have agreed that the full purchase price must be paid before the goods are dispatched to the buyer.

4.7 Any discounts on the price of the goods granted by the seller to the buyer may not be combined.

4.8 The seller shall issue an invoice to the buyer in respect of payments made under the sales contract. The seller shall issue the invoice to the buyer upon payment of the price of the goods and shall send it in electronic form to the buyer’s email address.

4.9 Under the Act on the Recording of Sales, the seller is obliged to issue a receipt to the buyer. The seller is also obliged to record the received sales with the tax authority online; in the event of a technical failure, this must be done within 48 hours at the latest.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 A buyer who is a consumer – that is, a person entering into a contract outside the scope of their business or similar gainful activity – has the right to withdraw from the contract within 14 days of delivery of the goods; where the purchase contract covers several types of goods or the delivery of several parts, this period shall run from the date of receipt of the delivery. This clause of the terms and conditions applies only to consumers. However, in certain cases, a consumer buyer does not have the right to withdraw from the contract under this clause. In particular, the buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, amongst other things, to withdraw from a sales contract for the supply of goods that have been modified in accordance with the buyer’s wishes or for the buyer’s specific use.

5.2 Withdrawal from the contract must be made within 14 days of delivery of the goods. To withdraw from the contract of sale, the buyer may use the model form provided by the seller, which forms an annex to these terms and conditions. The buyer may send notice of withdrawal from the sales contract, amongst other things, to the address of the seller’s business premises or to the seller’s email address XXXX. The buyer may also withdraw from the contract by any other sufficiently clear means addressed to the seller.

5.3 In the event of withdrawal from the sales contract, the contract is cancelled with effect from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal notice being given to the seller. If the buyer withdraws from the contract of sale, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by standard post due to their nature.

5.4 In the event of withdrawal from the contract, the seller shall refund the funds received from the buyer, including the costs of transporting the goods which the buyer paid for the delivery of the goods from the seller to the buyer, within fourteen (14) days of the buyer’s withdrawal from the contract, by electronic transfer to the buyer’s bank account. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the funds received to the buyer until the buyer has returned the goods to the seller or provided proof that the goods have been dispatched to the seller. The seller shall refund only the lowest possible delivery costs that it offers.

5.5 In cases where the buyer has the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, up until the buyer takes delivery of the goods. In such a case, the seller shall refund the purchase price to the buyer, including delivery and packaging costs, without undue delay, by bank transfer to the account specified by the buyer or to the account from which the funds were received. The seller shall send notice of withdrawal from the contract to the buyer’s email address.

5.7 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded subject to the condition subsequent that, should the buyer withdraw from the contract of sale, the gift agreement relating to such a gift shall cease to have effect and the buyer shall be obliged to return the gift provided to the seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1 Where the seller is obliged under the contract of sale to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.

6.2 Should it be necessary, for reasons attributable to the buyer, to deliver the goods repeatedly or by a method other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method. In such a case, the buyer is obliged to pay these costs no later than 14 days after receiving a request from the seller, to the account specified in the request.

6.3 Upon collection of the goods from the carrier, the seller requests that the buyer check that the packaging is intact and, in the event of any defects, report this to the carrier without delay. If the packaging is found to be damaged in a way that indicates unauthorised access to the consignment, the buyer is not obliged to accept the consignment from the carrier.

6.4 The buyer accepts that the goods are only manufactured as a finished product upon the buyer’s placing of an order. The delivery time for the goods is stated in the product description and is approximate. The delivery time may be extended in the event of unforeseen circumstances or a shortage of components required for the manufacture of the goods on the part of the seller or the seller’s suppliers; the seller shall always inform the buyer of this, and if the Buyer is not interested in a delayed delivery, they may withdraw from the contract.

6.5 The Seller may split the order and deliver the ordered goods in separate consignments. In such a case, the Seller undertakes to bear the costs associated with repeated delivery, unless otherwise stated in relation to the goods.

6.6 The Seller may delay the delivery of the goods in the event of ‘force majeure’ (e.g. natural disasters, death, war, an alien invasion, accidents, cyber-attacks or illness, etc.). In the event of force majeure, the Seller shall not be liable for any damage caused as a result of or in connection with such events, and if the force majeure situation persists for more than 10 days, the Seller is entitled to withdraw from the sales contract.

6.8 The Seller reserves the right to withdraw from the sales contract if the goods ordered are out of stock and are not restocked within 30 days of the conclusion of the sales contract. This delivery period does not apply to goods for which a longer delivery period is expressly stated on this online shop’s website.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1 The Seller warrants to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants to the Buyer that, at the time the Buyer took delivery of the goods:

• 11 the goods possess the characteristics agreed between the parties, and in the absence of such an agreement, possess the characteristics described by the seller or the manufacturer, or which the buyer would reasonably expect given the nature of the goods and on the basis of the seller’s advertising,
• 1.2 the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
• 1.3 the goods correspond in quality or workmanship to the agreed sample or model, where the quality or workmanship was determined on the basis of an agreed sample or model;
• 1.4 the goods are of the appropriate quantity, measure or weight; and
• 1.5 the goods comply with the requirements of statutory regulations.

7.2 Where the buyer is a consumer, we are liable for defects arising after the goods have been taken over during a 24-month warranty period, unless another period is specified.

7.3 The provisions set out in clause 7.1 of these terms and conditions shall not apply to goods sold at a reduced price in respect of the defect for which the reduced price was agreed, to wear and tear of the goods caused by their normal use; in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the buyer; or where this arises from the nature of the goods.

7.4 The buyer shall exercise their rights arising from defective performance with the seller at the address of the seller’s business premises.

7.5 The buyer shall send any goods which, in the buyer’s opinion, are defective, together with a complaints form, to the seller’s address as stated. Please note that, for technical reasons, we cannot accept goods subject to a complaint on a cash-on-delivery basis.

7.6 The form or covering letter accompanying the complaint must contain the following details:

• 6.1 the buyer’s contact details, a description of the defect and a request regarding how the complaint should be resolved;
• 6.2 proof of purchase (preferably by enclosing the proof of purchase).

7.7 The goods should be packed in suitable packaging during transport to prevent damage; they must be clean and complete. Otherwise, the seller is under no obligation to deal with the complaint and will return the goods to the buyer at the buyer’s expense.

7.8 If the buyer is a consumer, upon lodging a complaint they will receive written confirmation by email – a complaint report – which serves as a document for the settlement of the complaint. The complaint report sets out information on when the complaint was lodged, its contents, and the method of resolution requested by the buyer.

7.9 Where the buyer is a consumer and a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. Otherwise, the buyer is entitled to exercise their rights arising from a defect that occurs in consumer goods within twenty-four months of receipt.

7.10 If the period during which the goods may be used is stated on the goods sold, on their packaging, in the instructions accompanying the goods or in an advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply if the buyer is a consumer. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a specified period or that they will retain their usual characteristics.

7.11 If the buyer has validly complained about a defect in the goods, the time limit for exercising rights arising from defective performance and the guarantee period shall not run for the period during which the buyer cannot use the defective goods.

7.12 The guarantee and claims arising from liability for defects do not apply to:

• 12.1 wear and tear of the goods resulting from their normal use;
• 12.2 second-hand goods where the defect corresponds to the degree of wear and tear;
• 12.3 defects of which the buyer was aware, or which the buyer caused themselves, e.g. if they have torn a part of a garment.

7.13 During the warranty period, the buyer may lodge a complaint and, at their discretion, request, in the case of a defect constituting a material breach of contract (regardless of whether the defect is remediable or irremediable):

• 13.1 rectification of the defect by the supply of a new, defect-free item or the supply of the missing item;
• 13.2 rectification of the defect by repair, free of charge;
• 13.3 a reasonable reduction in the purchase price; or
• 13.4 a refund of the purchase price following withdrawal from the contract.

7.14 A breach of contract is deemed material if the party in breach knew, or ought to have known, at the time the contract was concluded that the other party would not have entered into the contract had it foreseen such a breach.

7.15 In the case of a defect constituting a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.

7.16 If a remediable defect recurs after repair (usually the third complaint regarding the same defect or the fourth regarding different defects) or if the goods have a greater number of defects (as a rule, at least three defects at the same time), the buyer is entitled to request a reduction in the purchase price, a replacement of the goods, or to withdraw from the contract.

7.17 Rights arising from liability for defects in the goods are to be exercised against the seller.

7.18 When making a complaint, the buyer is obliged to inform the seller which remedy they have chosen. A change of choice without the seller’s consent is only possible if the buyer requested the repair of a defect which proves to be irreparable. If the buyer fails to exercise their right arising from a material breach of contract in good time, they shall have the same rights as in the case of a non-material breach of contract.

7.19 If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, demand a full refund of the purchase price.

7.20 If the seller proves that the buyer was aware of the defect in the goods prior to taking delivery or caused the defect themselves, the seller is not obliged to comply with the buyer’s claim.

7.21 An obstacle caused by force majeure shall not be considered a defect in performance.

7.22 If the buyer is a consumer, the seller shall decide on the buyer’s complaint immediately, or within three working days at the latest in more complex cases, or shall inform the buyer that an expert assessment is required to reach a decision. The seller shall also inform the buyer of the need for an expert assessment within this timeframe.

7.23 Where the buyer is a consumer, the seller shall settle the complaint, including the rectification of the defect, without undue delay, and no later than 30 days from the date the complaint was lodged, unless a longer period is agreed in writing with the buyer. Once this period has elapsed, the buyer shall have the same rights as if this constituted a material breach of contract. The seller shall send the buyer, by electronic means, confirmation of the date and method of settling the complaint, confirmation that the repair has been carried out and of the duration of the complaint process, or, where applicable, a statement of reasons for rejecting the complaint. The warranty period is extended by the period from the submission of the complaint until its resolution or until the time when the buyer was obliged to collect the goods.

7.24 If the buyer is a business, the seller shall decide on the complaint, or determine whether an expert assessment is required for the decision, as soon as possible. Within a reasonable period, the seller shall assess your complaint and send you written confirmation of the date and method of resolving the complaint, confirmation that the repair has been carried out and of the duration of the complaint process, or, where applicable, the reasons for rejecting the complaint.

7.25 As a consumer, you are entitled to reimbursement of reasonable costs incurred in making a complaint; these costs are understood to be the lowest possible. You must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising your rights arising from defective performance; otherwise, you may not be entitled to such reimbursement. As a business, you do not have this right. Further rights and obligations of the parties relating to the seller’s liability for defects may be governed by the seller’s complaints procedure.

8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1 The buyer acquires ownership of the goods upon payment of the full purchase price.

8.2 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 If the buyer is a consumer, they are entitled to out-of-court resolution of consumer disputes under the Consumer Protection Act. To this end, you may contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,web: adr.coi.cz). The process will only be initiated at the consumer’s request, should the dispute not be resolved directly with the seller. The consumer may submit a request no later than one year from the date on which they first exercised their right with the seller. It is also possible to initiate out-of-court dispute resolution online via the ODR platform available here: ec.europa.eu/consumers/odr/.

8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, amongst other things and within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5 The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. DELIVERY

9.1 Deliveries to the Buyer may be made to the Buyer’s email address.

10.FINAL PROVISIONS

10.1 Where the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended. This shall not affect the consumer’s rights arising from generally binding legal regulations.

10.2 If any provision of these terms and conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions.

10.3 The contract of sale, including these Terms and Conditions, is archived by the Seller in electronic form.

10.4 A model form for withdrawing from the contract of sale forms an annex to these terms and conditions.

10.5 The Seller’s contact details: postal addressXXXX, email address XXXX, telephone number XXXX.

10.6 The Seller shall not be liable for errors arising as a result of third-party interference with the online shop’s interface or as a result of its use contrary to its intended purpose.

10.7 The seller may amend or supplement these terms and conditions; the buyer may always find the current version on the shop’s website. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

At XXXX on XXXX