ENGThe provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are written in the Czech language. We may unilaterally modify or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms.
As you are probably aware, we primarily communicate remotely. Therefore, for our Agreement, the means of distance communication have been used, allowing us to reach an agreement without our simultaneous physical presence, and the Agreement is thus concluded remotely in the environment of the E-shop through the interface of the website ("E-shop web interface").
If any part of the Terms contradicts what we have agreed upon in the process of your purchase on our E-shop, that specific agreement will take precedence over the Terms.
1. SOME DEFINITIONS
1.1. The Price is the financial amount you will pay for the Goods.
1.2. The Delivery Price is the financial amount you will pay for the delivery of the Goods, including the packaging cost.
1.3. The Total Price is the sum of the Price and the Delivery Price.
1.4. VAT is the value-added tax according to applicable legal regulations.
1.5. The Invoice is the tax document issued in accordance with the Value Added Tax Act for the Total Price.
1.6. The Order is your binding proposal to conclude a Purchase Agreement for the purchase of Goods with us.
1.7. The User Account is an account created based on the information provided by you, which allows you to store entered data and keep a history of ordered Goods and concluded Agreements.
1.8. You are the person purchasing on our E-shop, referred to as the buyer by legal regulations.
1.9. The Goods refer to everything that can be purchased on the E-shop.
2.1. The purchase of Goods is possible only through the web interface of the E-shop.
2.2. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you have provided in the Order will be considered accurate and truthful.
2.3. Our E-shop also provides access to product reviews conducted by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders. In our internal system, each review is associated with an order ID, allowing us to verify and demonstrate that the review comes from a real consumer.
- Conclusion of the contract
3.1. The contract with us can only be concluded in the Czech, English, and German languages.
3.2. The contract is concluded remotely through the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ from the basic rate you pay for using these means (particularly for internet access). Therefore, you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.
3.3. To conclude the contract, you need to create an Order on the E-shop. The following information must be provided in this proposal:
a) Information about the purchased Goods (you designate the Goods you are interested in purchasing on the E-shop by clicking the "Add to cart" button);
b) Information about the Price, Shipping Price, payment method for the Total Price, and the desired method of delivery of the Goods. These details will be entered within the Order creation process in the user interface of the E-shop. The information regarding the Price, Shipping Price, and Total Price will be automatically generated based on the selected Goods, method of delivery, and payment;
c) Your identification and contact information necessary for us to deliver the Goods, including your name, surname, delivery address, telephone number, and email address.
3.4. During the process of creating the Order, you can modify and verify the provided information until the Order is completed. By pressing the "Order with payment obligation" button, you complete the Order. However, before pressing the button, you must confirm your awareness of and agreement with these Terms; otherwise, it will not be possible to complete the Order. The checkbox serves as confirmation and agreement. After pressing the "Order with payment obligation" button, all filled-in information will be sent directly to us.
3.5. We will confirm your Order as soon as possible after it is received, by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms effective on the day of the Order, as attached to the confirmation email, constitute an integral part of the contract. The contract between us and you is concluded upon confirmation of the Order.
3.6. There may be cases where we cannot confirm your Order. This applies especially to situations where the Goods are not available or when you order a larger quantity of Goods than we can provide. However, we will always inform you in advance about the maximum quantity of Goods allowed within the E-shop, so it should not come as a surprise to you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude a contract in a modified form compared to the Order. In such a case, the contract is concluded when you confirm our offer.
3.7. If an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods at that Price, even if you have received an Order confirmation and, therefore, the contract has been concluded
3.8. When the Contract is concluded, you are obliged to pay the Total Price.
5. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
5.1. The price is always stated within the E-shop, in the Order proposal, and, of course, in the Contract. In the event of a discrepancy between the price indicated for the Goods within the E-shop and the price stated in the Order proposal, the price stated in the Order proposal shall apply, which will always be the same as the price in the Contract. The Order proposal also includes the Delivery Price or the conditions under which the delivery is free of charge.
5.2. The Total Price is stated inclusive of VAT and all fees required by law.
5.3. We will request payment of the Total Price from you after the conclusion of the Contract and prior to the delivery of the Goods. You can make payment of the Total Price by the following methods:
a) Bank transfer. We will provide you with payment instructions within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 3 days.
b) Online card payment. In this case, the payment is processed through the PayPal payment gateway, and the payment is subject to the terms and conditions of this payment gateway, which are available at https://www.paypal.com. In the case of online card payment, the Total Price is due within 3 days.
5.4. An invoice will be issued in electronic form after the Total Price has been settled and will be sent to your email address. The invoice will also be physically attached to the Goods.
5.5. Ownership of the Goods will transfer to you only after you have paid the Total Price and received the Goods. In the case of payment by bank transfer, the Total Price is considered paid upon receipt in Our account, and in other cases, it is considered paid at the moment of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
6.1. The Goods will be delivered to you within a maximum of 30 days according to your chosen method, and you can choose from the following options:
a) Delivery through shipping companies such as Česká pošta, PPL CZ, DHL, Zásilkovna;
6.2. The Goods can be delivered worldwide.
6.3. The delivery time of the Goods depends on its availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation. The time stated in these Terms is only approximate and may vary from the actual delivery time.
6.4. Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging and immediately notify the carrier and us of any defects. If there is any damage to the packaging that indicates unauthorized handling or tampering with the shipment, you are not obligated to accept the Goods from the carrier.
6.5. In the event that you fail to fulfill your obligation to accept the Goods, except as stated in clause 6.4 of the Terms, it does not constitute a breach of our obligation to deliver the Goods to you. Furthermore, your refusal to accept the Goods does not constitute a termination of the Contract between us. However, in such a case, we have the right to terminate the Contract due to your material breach of the Contract or store the Goods, for which we are entitled to receive compensation from you at the usual rate. If we decide to terminate the Contract, the termination is effective on the day we notify you of such termination. Termination of the Contract does not affect your obligation to pay the Delivery Price or your right to claim compensation for any damages incurred.
6.6. If, due to reasons on your part, the Goods are delivered repeatedly or in a different manner than agreed upon in the Contract, it is your obligation to reimburse us for the costs associated with such repeated delivery. We will provide you with the payment details for these costs to your email address stated in the Contract, and they are due within 14 days from the date of the email delivery.
6.7. The risk of damage to the Goods transfers to you at the moment of receipt. In the event that you do not accept the Goods, except as stated in clause 6.4 of the Terms, the risk of damage to the Goods transfers to you at the moment when you had the opportunity to accept them but failed to do so due to reasons on your part. The transfer of the risk of damage to the Goods means that from that moment onwards, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
6.8. If the Goods are not listed as in stock in the E-shop and an approximate availability time is provided, we will always inform you in the following cases:
a) Extraordinary production outage of the Goods, in which case we will provide you with a new estimated availability time or information that the Goods cannot be delivered;
b) Delay in the delivery of the Goods from our supplier, in which case we will provide you with a new estimated delivery time.
7. RIGHTS REGARDING DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms, the Goods are free from defects, in particular, 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 you require them and to which we agree;
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
d) are suitable for the purpose for which Goods of this kind are usually used;
e) in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, taking into account public statements made by us or any other person in the same contractual chain, in particular advertising or labeling;
f) are supplied with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
g) correspond in quality or performance to a sample or model that was provided to you before the conclusion of the contract.
7.2. Rights and obligations regarding rights arising from defective performance are governed by relevant mandatory legal regulations (in particular provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. In the event that the Goods have a defect, especially if any of the conditions under Article 7.1 are not met, you can notify us of such a defect and exercise your rights arising from defective performance (i.e., make a warranty claim) by sending an email or letter to our addresses stated in our identification details or personally to the address Na farském 1305. You can also use the sample form provided by us for making a warranty claim, which is attached as Annex No. 1 to the Terms. When exercising the rights arising from defective performance, you must choose how you want the defect to be remedied, and you cannot subsequently change this choice without our consent. We will process your warranty claim in accordance with the right to defective performance that you have asserted.
7.4. If the Goods have a defect, you have the following rights:
a) to have the defect rectified by the delivery of new Goods without defects or by supplying the missing part of the Goods; or
b) to have the defect rectified by the repair of the Goods,
unless the chosen method of rectification is impossible or would be disproportionately costly compared to the other method, taking into account in particular the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be rectified without significant inconvenience to you by the other method.
7.5. We are entitled to refuse to rectify the defect if it is impossible or would be disproportionately costly, especially considering the significance of the defect and the value that the Goods would have without the defect.
7.6. Furthermore, you have the right to:
a) a reasonable price reduction; or
b) withdrawal from the contract,
if:
a) we refuse to rectify the defect or fail to rectify it in accordance with legal regulations;
b) the defect recurs,
c) the defect constitutes a material breach of the contract; or
d) it is apparent from our statement or circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to you.
7.7. The right to withdraw from the contract does not apply if the defect in the Goods is insignificant.
7.8. If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
7.9. Normal wear and tear of the Goods caused by their ordinary use or wear corresponding to the extent of their previous use is not considered a defect in the Goods.
7.10. When submitting a warranty claim, we will issue a written confirmation to you, which will include:
a) the date when you submitted the claim; b) the content of the claim; c) the method of handling the claim that you request; d) your contact details for the purpose of providing information about the handling of the claim.
7.11. If we do not agree on a longer period, we will rectify the defects and provide you with information about the handling of the claim to the specified contact details within 30 days of receiving the claim. If this period elapses without a resolution, you may withdraw from the contract or request a reasonable discount.
7.12. We will inform you by email about the handling of the claim and provide you with confirmation of the date and method of resolution. If the claim is valid, you are entitled to reimbursement of reasonably incurred costs. You are required to provide evidence of these costs, such as receipts or price confirmations for transportation. If the defect is rectified by delivering new Goods, it is your obligation to return the original Goods to us, but we will cover the costs of return shipping.
7.13. If you are a business entity, it is your obligation to notify and point out the defect without undue delay after you could have detected it, but no later than three days from the receipt of the Goods.
7.14. If you are a consumer, you have the right to exercise rights arising from defective performance for defects that occur in consumer Goods within a period of 24 months from the receipt of the Goods.
8. Termination of the contract
8.1. The termination of the contract, i.e., the termination of the contractual relationship between us and you from its inception, may occur for reasons and in the manner stated in this article or in other provisions of the Terms where the possibility of termination is expressly mentioned.
8.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the contract without stating a reason within 14 days from the conclusion of the contract or, in the case of the purchase of goods, within fourteen days from its receipt, in accordance with Section 1829 of the Civil Code. If we have concluded a contract for the delivery of several pieces of Goods or the delivery of several parts of Goods, this period begins to run from the date of delivery of the last piece or part of the Goods, and in the case of a contract based on which we will regularly and repeatedly deliver the Goods to you, it begins to run from the date of delivery of the first delivery.
8.3. You can withdraw from the contract by any demonstrable means (in particular by sending an email or letter to our addresses stated in our identification details). You can also use the sample form provided by us, which is attached as Annex No. 2 to the Terms, to withdraw from the contract.
8.4. However, even as a consumer, you cannot withdraw from the contract in cases where the subject matter of the contract is performance specified in Section 1837 of the Civil Code.
8.5. The deadline for withdrawal according to Article 8.2 of the Terms is considered to be met if you send us a notification of withdrawal during this period.
8.6. In the event of withdrawal from the contract according to Article 8.2 of the Terms, you are obliged to return the Goods within 14 days of withdrawal and bear the costs associated with the return of the Goods to us. However, you are entitled to have us reimburse you for the cost of shipping, but only up to the amount corresponding to the cheapest offered method of delivering the Goods that we offered for the delivery. In the event of withdrawal due to our breach of the concluded contract, we also cover the costs associated with the return of the Goods to us, but again only up to the amount of the shipping cost corresponding to the cheapest offered method of delivering the Goods that we offered during the delivery.
8.7. In the event of withdrawal from the contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for the withdrawal from the contract. However, the amount will not be refunded until we receive the Goods or you prove that they have been sent back to us. Please return the Goods clean, if possible, including the original packaging.
8.8. In the event of withdrawal from the contract according to Article 8.2 of the Terms, you are liable for any diminished value of the Goods resulting from handling the Goods in a manner other than necessary to familiarize yourself with the nature, characteristics, and functioning of the Goods, i.e., the way you would handle the Goods in a brick-and-mortar store. If we have not yet refunded the Price, we are entitled to set off the claim for costs against your claim for a refund of the Price.
8.9. We are entitled to withdraw from the contract at any time before delivering the Goods if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons related to the nature of the Goods), even before the period specified in Article 6.1 of the Terms has elapsed. We may also withdraw from the contract if it is evident that you intentionally provided incorrect information in the Order. If you purchase goods within the scope of your business activities as a business entity, we are entitled to withdraw from the contract at any time, even without stating a reason.
9. Dispute Resolution with Consumers
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1)(e) of the Civil Code.
9.2. We handle consumer complaints through the email address . We will send information regarding the handling of complaints to the buyer's email address.
9.3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the consumer, who is a buyer, arising from a purchase contract concluded electronically.
9.4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)
10. Final Provisions
10.1. If Our legal relationship with You contains an international element (i.e., for example, if We will be sending goods outside the territory of the Czech Republic), the relationship shall always be governed by Czech law. However, if You are consumers, Your rights arising from legal regulations shall not be affected by this provision.
10.2. We will deliver all written correspondence to You by electronic mail. Our email address is provided in Our identification details. We will deliver correspondence to Your email address specified in the Contract, in the User Account, or through which You have contacted us.
10.3. The Contract can only be amended based on Our written agreement. However, We are entitled to change and amend these Terms; however, such changes shall not affect already concluded Contracts, but only Contracts concluded after the effectiveness of such changes.
10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, supplier failures, etc.), We shall not be liable for any damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for a period longer than 10 days, We and You have the right to withdraw from the Contract.
10.5. The annexes to the Terms include a sample complaint form and a sample withdrawal form.
10.6. The Contract, including the Terms, is archived in electronic form by Us, but is not accessible to You. However, You will always receive these Terms and the Order confirmation with a summary of the Order by email, and thus You will always have access to the Contract even without Our cooperation. We recommend saving the Order confirmation and the Terms.
10.7. These Terms shall become effective on 4.6.2023.