Terms and conditions
issued in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., Civil Code
Natural person doing business under the Trade Licensing Act: Vladimír Basel
ID: 09357106
with registered office at Vratimovská 372/57, 718 00, Ostrava - Kunčičky
(hereinafter referred to as the " Seller ")
Contact details:
Email: info@vladimirbasel.com
Phone: +420 737 360 589
Address: Vratimovská 372/57, 718 00, Ostrava - Kunčičky
Recommended return address:
Vratimovská 372/57, 718 00, Ostrava - Kunčičky
1. Definition of terms
1.1. In addition to the terms defined elsewhere, for the purposes of these Terms and Conditions the following terms shall have the following meanings:
| Term | Definition |
|---|---|
| Price before discount | In the case of discounted Goods or Goods on sale, this is the Price at which the Seller offered and sold this type of Goods (i) during the 30 days prior to the provision of the discount, (ii) from the moment the Seller started offering and providing the Goods until the moment the discount was provided, if the Goods have been on sale for less than 30 days, or (iii) during the 30 days prior to the first provision of the discount, if the Seller increases the discount on the Price gradually. |
| Price | The price for the Goods that the Buyer undertakes to pay to the Seller under the Contract. |
| Invoice | Accounting or tax document in any form containing the requirements according to generally binding regulations. |
| Coronavirus | COVID-19 disease or other viral or similar disease and related preventive official measures. |
| Buyer | A natural or legal person who has concluded a Contract with the Seller. If it follows from the meaning of the provisions of the OP, the Buyer also means only a person who has a User Account or has visited the Website. |
| Order | The Buyer's order, which is a proposal to conclude a Contract. |
| OP | These terms and conditions. |
| OZ | Act No. 89/2012 Coll. Civil Code, as amended on the effective date of the OP. |
| Bargain | A contract under which the Seller undertakes to sell the Goods to the Buyer and the Buyer undertakes to pay the Seller the Price and take delivery of the Goods. |
| Contracting parties | Seller and Buyer. |
| Damage | Property damage (actual damage or lost profit) and non-pecuniary damage, including loss of contractual opportunity. |
| User account | The Buyer's user account on the Website, through which the Buyer can (i) conclude the Contract, (ii) manage their data, (iii) monitor the history of Orders. |
| Defect | Defect according to generally binding regulations, in particular according to Sections 1914 to 1922, 1924, 1925 of the Civil Code, also Sections 2099 to 2105, 2108 to 2117 and, if the Buyer is a consumer, also Sections 2158 to 2174b of the Civil Code. |
| Websites | The Seller's e-shop and website are available at www.vladimirbasel.com . |
| Customer review | A review published on the Website by a third party who (i) has used the Seller's services, (ii) has experience with the Seller, or (iii) has ordered Goods from the Seller. |
| Goods | Goods that are the subject of the Contract, in particular clothing. |
1.2. Unless otherwise stated in the OP, words used in them with a capital letter have the meaning given above. Headings in the OP are inserted for convenience only and do not affect the interpretation of the OP. References to provisions and annexes in the OP without reference to another document are references to provisions and annexes of these OP. Unless the meaning and context indicate otherwise, words in the singular include their plural and vice versa. Words are interpreted regardless of their gender.
1.3. The GTC shall apply to the relationship between the Seller and the Buyer regardless of whether the Buyer is a consumer or not. This shall not apply if it follows from the given provision or its context that it applies only to the Buyer, who is or is not a consumer or entrepreneur. A consumer always means a consumer within the meaning of Section 419 of the Civil Code and an entrepreneur always means an entrepreneur within the meaning of Section 420 of the Civil Code.
2. INTRODUCTORY PROVISIONS
2.1. The OP regulates the mutual rights and obligations of the Contracting Parties arising in connection with or based on the Contract, the rights and obligations of the Contracting Parties when using the Website and other related legal relationships.
2.2. The Buyer declares to the Seller that he is fully capable of legal capacity, or with regard to his age, he is authorized to conclude the Contract. If the Buyer is a legal entity within the meaning of Section 20 of the Civil Code, the ordering person declares that he is authorized to act on behalf of the Buyer within the scope of the Contract.
2.3. Provisions deviating from the OP may be agreed in the Contract. In the event of a conflict between the terms and conditions contained in the actual text of the Contract, the OP or any annex to the Contract, the provisions in the following order (from highest to lowest) shall prevail: 1. Contract, 2. any other annex to the Contract and 3. OP.
2.4. The provisions of the OP are an integral part of the Contract. The Contract and the OP are drawn up in the Czech language. The Contract may be concluded in the Czech language.
3. CONCLUSION OF THE CONTRACT
3.1. The Offer of Goods and Prices remain valid for the period they are displayed on the Website. This provision does not limit the Seller's ability to conclude a Contract under individually negotiated conditions.
3.2. All offers of Goods placed on the Website are non-binding and the Seller is not obliged to conclude a Contract regarding these Goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
3.2. To order the Goods, the Buyer shall complete the Order Form on the Website. The Order Form shall contain, in particular, information about:
- identification and address data of the Buyer (name, surname, phone number, e-mail address, delivery address, or ID number, etc.);
- Goods;
- the method of payment of the Price;
- the method of transportation and delivery of the Goods;
- costs associated with the delivery of the Goods.
3.4. The Buyer sends the Order to the Seller by clicking on the button "Pay now" , "Order binding for payment" or another button with similar wording. The Buyer hereby acknowledges that by clicking on such a button he undertakes to pay the Price. Before sending the Order, the Buyer is obliged to check the Order, in case of an error he can correct it by returning to the relevant step of the Order, where he selects the correct option instead of the incorrect one.
3.5. The data specified in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller will confirm receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the User Account or in the Order.
3.6. The contractual relationship between the Seller and the Buyer arises upon the Seller's acceptance of the Order, which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.
3.7. As part of the Order, the Buyer is also invited to create a User Account, which may help facilitate any future purchase of Goods from the Seller. Creating a User Account is not mandatory.
4. PRICE AND PAYMENT TERMS
The Seller offers the following methods of payment of the Price:
- payment gateway;
- bank transfer;
- cash on delivery;
- cash upon personal pickup;
Depending on the selected payment method, the Buyer's rights and obligations may also be governed by the terms and conditions or a document regulating the processing of personal data of the payment gateway or payment intermediary.
4.2. The Buyer is obliged to adhere to the payment instructions of the Seller and third parties to whom the Seller has referred him for the purpose of payment of the Price, e.g. a payment gateway.
4.3. All Prices are listed on the Website with VAT. Together with the Price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the Goods. Unless expressly stated otherwise, the Price shall also be understood as the costs associated with packaging and delivery of the Goods.
4.4. If a payment method has been chosen whose nature allows it (payment gateway, payment by transfer, etc.), the Seller is entitled to delay the handover of the Goods to the Buyer (i) until it receives the Price, or (ii) until it is confirmed by the payment gateway or payment intermediary that the Price has been successfully paid. This also applies to the handover of the Goods to the first carrier during transport to the Buyer.
4.5. Any discounts on the Price provided by the Seller to the Buyer cannot be combined with each other, unless otherwise stated. The Seller always provides a discount subject to the Buyer's breach of the Contract or the Terms and Conditions. If the Buyer breaches the Contract or the Terms and Conditions, the Buyer is obliged to pay the Seller an amount corresponding to the provided discount within 5 (five) days of the delivery of the Seller's request.
4.6. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue an Invoice to the Buyer regarding payments made under the Contract. The Seller shall issue the Invoice to the Buyer after payment of the Price and send it in electronic form to the Buyer's e-mail address specified by him in the Order or in his User Account. The Contracting Parties, within the meaning of Section 26, paragraph 3 of Act No. 235/2004 Coll., on Value Added Tax, agree to the use of the Invoice in electronic form.
4.7. Prices remain valid for the period they are displayed on the Website. In the event of an obvious technical error in the indication of the Price, the Seller does not have the actual will to conclude the Contract under such conditions. In the event that it appears that the Contract was concluded with an obviously incorrect Price, the Seller undertakes to notify the Buyer of this fact without undue delay after discovering the error. In this case, the Contract was not concluded due to the Seller's lack of will. If the Seller and the Buyer do not reach an agreement on the method of resolving the invalidity of the Contract, the Seller shall return the Price to the Buyer.
4.8. In the event of a delay by the Buyer, who is an entrepreneur, in fulfilling the obligation to pay the Seller any monetary claim, in particular the Price, the Buyer shall be obliged to pay the Seller a contractual penalty in the amount of 0.2% of the amount owed for each commenced day of delay. The contractual penalty is payable within 7 days of the delivery of the Seller's notice to the Buyer; payment of the contractual penalty shall not affect the right to compensation for damage. If the Seller withdraws from the Contract, its right to the contractual penalty incurred until the effective date of withdrawal from the Contract shall not be affected.
4.9. For the avoidance of doubt and for all other cases in the OP, the Contracting Parties stipulate that payment of the Price is the moment when the Price is transferred to the Seller or credited to his bank account.
4.10. In the event of the Buyer's delay in paying the Price for more than 10 (ten) days, the Seller is entitled to withdraw from the Contract.
4.11. If the Seller displays on the Website that the Goods are on sale or on sale, the Seller also displays information about the Price before the discount. If the Seller does not display information about the Price before the discount directly and if a crossed-out or otherwise defaced Price is displayed together with the Price information, this is the Price before the discount. If information about a percentage discount is displayed, this percentage discount is calculated from the Price before the discount.
5. DELIVERY OF GOODS
5.1. The Seller usually ships goods that are in stock within 3-5 days of concluding the Contract. The Seller ships goods that are not in stock as soon as possible with the exercise of normal care. Unless the Seller specifies a longer period when confirming the Order or unless the Contracting Parties agree otherwise, the Seller undertakes to:
- in the case of Goods that are in stock, deliver them no later than 30 days from the conclusion of the Contract; and
- in the case of Goods that are not in stock, and if the Buyer is appropriately informed about this (e.g. through the relevant graphic or control element on the Website), deliver it within 60 days from the conclusion of the Contract.
5.2. If the Seller is in default with the delivery of the Goods, the Buyer may withdraw from the Contract if the Seller fails to fulfil its obligation to deliver the Goods even within an additional reasonable period of time granted by the Buyer. The Buyer may withdraw from the Contract without an additional period of time only if the Seller has refused to perform or performance within a specified time is necessary in view of the circumstances at the time of conclusion of the Contract or the Buyer has informed the Seller before the conclusion of the Contract that delivery within a certain time is necessary. The right to withdraw from the Contract under this paragraph applies only to the Buyer who is a consumer.
5.3. The method of delivery of the Goods is determined by the Buyer in the Order, by selecting from the methods listed on the Website. In the event that the method of transport is agreed upon based on the Buyer's request, the Buyer bears the risk and any additional costs associated with this method of transport.
5.4. The specific delivery time of the Goods always depends on its availability and on the chosen method of transport and payment. The Seller cannot influence the delivery time of the Goods by external carriers. In case of problems regarding the delivery time, the Buyer may contact the Seller in order to resolve the situation with the carrier and the Seller undertakes to resolve the situation.
5.5. Liability for accidental destruction, damage or loss of the Goods passes to the Buyer at the moment of acceptance of the Goods or at the moment when the Buyer was obliged to accept the Goods but failed to do so in violation of the Contract.
5.6. Unreasonable rejection of the Goods (or shipment) by the Buyer does not constitute a failure by the Seller to deliver the Goods or a withdrawal from the Contract by the Buyer.
5.7. The Buyer acknowledges that (i) if he does not collect the sent Goods or (ii) if he refuses to accept them without reason, without properly withdrawing from the Contract (if he is entitled to do so), this is a breach of his obligation under the Contract. In such a case, the Buyer is obliged to compensate the Seller for the Damage incurred by the Buyer due to the Buyer's breach of the obligation. In this case, Damage means primarily transportation costs (transportation to the Buyer and return transportation to the Seller), storage and packaging costs. The amount of the storage fee is set by the Contracting Parties at XX CZK / piece of Goods per day . The total amount of the storage fee will thus be determined as the product of (i) the amount according to the previous sentence, (ii) the number of pieces of Goods to which the storage relates, and (iii) the number of days started for which the storage lasts. Further Damage will be calculated individually according to the given circumstances of the case. If the Seller also exercises the right to withdraw from the Contract, the claim for compensation for Damages under this point shall not be affected.
5.8. In the event of a delay by the Buyer, who is an entrepreneur, in fulfilling the obligation to take over the Goods, the Buyer shall be obliged to pay the Seller a contractual penalty in the amount of XX CZK for each commenced day of delay . The contractual penalty is payable within 7 days of delivery of the Seller's notice to the Buyer; payment of the contractual penalty shall not affect the right to compensation for damages. If the Seller withdraws from the Contract, its right to the contractual penalty incurred until the effective date of withdrawal from the Contract shall not be affected.
5.9. In the event that, for reasons on the Buyer's side, 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 Seller compensation for Damage consisting of the reasonably incurred costs associated with the repeated delivery and storage of the Goods, or costs associated with a different method of delivery.
5.10. When accepting the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in the event of any defects, immediately notify the carrier and enter this as a reservation in the delivery note. In the event of damage to the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier and is obliged to make reservations to the carrier in an appropriate manner that the packaging is damaged.
5.11. The Buyer is obliged to unpack and check the received Goods within 3 (three) working days from the date of receipt. In the event that the Goods are damaged under the packaging, the Buyer, who is not a consumer, must report this in writing as a Defect to the Seller no later than 3 (three) working days from the date of receipt to the email address specified on the Website. The Seller will not take into account any later complaints about damage to the Goods during transport from the Buyer, who is not a consumer.
6 special provisions for the buyer - consumer
6.1. If the Buyer is a consumer, the legal provisions relating to consumers shall apply to the Contract (in particular Sections 1810 to 1840 of the Civil Code, as well as Sections 2158 et seq. of the Civil Code, and the provisions of Act No. 634/1992 Coll., on Consumer Protection).
6.2. If the term "Buyer" is used in this article of the GTC, it means the Buyer who is a consumer.
6.3. The Seller is authorized to conduct business on the basis of a trade license. The Seller's activities are not subject to any other licensing. The trade license inspection is carried out within the scope of its competence by the relevant trade license office ( https://www.rzp.cz/ ).
6.4. The Seller is not bound by any codes of conduct in relation to the Buyer.
6.5. Compliance with consumer protection legislation is monitored by the Czech Trade Inspection Authority ( http://www.coi.cz/ ). The Czech Trade Inspection Authority is the subject of out-of-court settlement of consumer disputes arising from the Contract or these Terms and Conditions.
6.6. In the event that a consumer dispute arises between the Seller and the Buyer under the Contract that cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection, Central Inspectorate, ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz , website: https://www.coi.cz/informace-o-adr/ .
6.7. Any complaints are handled by the Seller via its contact e-mail address specified in the introduction to these Terms and Conditions. The Buyer may also contact the entities specified above in this article. Consumer rights are also defended by their interest groups and other entities for their protection, e.g. the Association of Czech Consumers, registered office (address: Tř. Karla IV. 430, 500 02 Hradec Králové, website: www.konzument.cz , email: spotrebitel@regio.cz , phone: +420 495 215 266).
6.8. To submit a complaint regarding the Contract and to find an alternative dispute resolution entity, you can also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/ .
6.9. The Seller hereby informs the Buyer that the Price is adjusted based on automated decision-making and the compilation of a consumer behavior profile. The Price is determined based on what Goods the Buyer viewed on the Website, or how many times he viewed them. The Price may also depend on the method of arrival at the Website, whether the Buyer comes from a price comparison site or not.
7 Withdrawal from the contract and termination of the contract
7.1. The Contracting Parties have the right to withdraw from the Contract if so provided by the Contract, the OP or the law.
7.2. If the Buyer is a consumer, he has the right to withdraw from the Contract, in accordance with the provisions of Section 1829 of the Civil Code, within 14 (fourteen) days from the date of receipt of the Goods. The withdrawal from the Contract must be sent to the Seller at least within the period specified in the previous sentence. This does not apply if any of the cases specified in Section 1837 of the Civil Code are involved.
7.3. To withdraw from the Contract, the Buyer may use the sample form provided by the Seller, the sample form can be found HERE .
7.4. The Buyer may send the withdrawal from the Contract, in particular, to the contact address, to any of the Seller's establishments, to the Seller's registered office or to the Seller's contact e-mail.
7.5. In the event of withdrawal from the Contract, the Contract shall be cancelled from the beginning. The Buyer undertakes to return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Contract.
7.6. Withdrawal from the Contract must contain the identification of the Buyer and the relevant Goods. To speed up the process, the Seller recommends that the Buyer submit a copy of the delivery note and Invoice, if issued, or another document proving the purchase of the Goods, as well as a written statement on withdrawal from the Contract and the chosen method of refunding the Price. The Buyer, who is an entrepreneur, is obliged to submit the above-mentioned documents.
7.7. The Seller shall return to the Buyer the funds (including delivery costs) received from the Buyer under the Contract. The Seller shall return the funds within 14 (fourteen) days of the Buyer's withdrawal from the Contract, in the same manner in which it received them from the Buyer or in the manner requested by the Buyer. However, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the Goods to it.
7.8. If the Buyer has chosen a method of delivery of the Goods other than the cheapest method offered by the Seller, the Seller shall refund the Buyer the costs of delivery of the Goods in the amount corresponding to the cheapest method of delivery offered. The Buyer, who is an entrepreneur, is not entitled to reimbursement of costs under this paragraph. .
7.9. If the Buyer, who is a consumer, withdraws from the Contract pursuant to Section 1829 of the Civil Code, he shall be liable to the Seller only for the reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary for the Buyer to become familiar with their nature, properties and functionality. The Seller is entitled to unilaterally offset the claim for compensation for the resulting Damage pursuant to the previous sentence against the Buyer's claim for a refund of the Price and the costs of delivery of the Goods.
7.10. When sending the Goods back to the Seller, the Buyer is obliged to pack them in suitable packaging so as to prevent damage or destruction. The costs associated with returning the Goods to the Seller are borne by the Buyer.
7.11. If a gift is provided together with the Goods, the relevant gift agreement is concluded with a termination condition that if either Contracting Party withdraws from the Agreement, the gift agreement ceases to be effective and the Buyer is obliged to return the gift provided together with the Goods.
7.12. The Seller has the right to withdraw from the Contract also in the following cases:
- due to a technical error, a clearly incorrect Price was displayed on the Website;
- The goods cannot be delivered under the original conditions for objective or subjective reasons; or
- performance becomes objectively impossible or unlawful.
7.13 If, in the event of partial withdrawal from the Contract, the Price of which gave rise to the Buyer's right to free shipping (according to the information provided on the Website at the time of the Order), the Price paid is reduced below the limit required for free shipping, the Seller is entitled to reduce the refunded amount by the shipping costs of the part of the Goods for which the Buyer did not withdraw.
8 RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINT)
8.1. The Buyer's rights from defective performance are governed by the relevant generally binding regulations (in particular, Sections 1914 to 1922, 1924, 1925 of the Civil Code, as well as Sections 2099 to 2105, 2108 to 2117 and, if the Buyer is a consumer, also Sections 2158 to 2174b of the Civil Code).
8.2. The Seller is responsible for ensuring that the Goods are free from Defects.
8.3. The Buyer, who is an entrepreneur, has rights from defective performance in the case of Defects that apply to him as an entrepreneur according to the definition of Defects (they are considered Defects also in relation to the entrepreneur according to the definition of Defect). In all other cases, in particular if it is a defect according to generally binding regulations, which is, however, excluded within the Defect, such Buyer hereby waives these rights from defective performance. The Buyer, who is an entrepreneur, has only such rights from Defect that are expressly granted to him as an entrepreneur in the OP, and hereby waives all other possible rights from defective performance.
8.4. The Buyer does not have rights arising from defective performance if the Defects were caused by:
- unprofessional interference with the Goods;
- use contrary to the usual purpose of the Goods;
- improper storage, normal wear and tear, or damage not caused by the Seller
- knew or should have known about the Defect before taking over the Goods;
- The Buyer caused the Defect himself, in particular by acting in violation of the Contract, these Terms and Conditions or the Seller's instructions regarding the Goods.
8.5. If the Defect becomes apparent within 12 (twelve) months of the handover or making available of the Goods, it is considered that the Goods were defective upon receipt. This does not apply if the Buyer is an entrepreneur.
8.6. The Buyer is entitled to claim a Defect that becomes apparent within 24 months of the handover or making the Goods available. The Buyer is obliged to exercise the rights arising from defective performance without undue delay after he discovered the Defect or should have discovered it with due care. If the Buyer is an entrepreneur and notifies the Defect later, he is not entitled to rights arising from defective performance.
8.7. For Goods that are used, and if the Seller informs about this appropriately on the Website, the Contracting Parties have agreed to shorten the period according to paragraph 8.7 to one year.
8.8. The Buyer shall exercise the rights arising from defective performance at the Seller's registered office, place of business or establishment with regard to the range of Goods sold. The Seller recommends that the Buyer inform the Seller in advance of the claimed complaint by telephone, e-mail or in writing. The Buyer shall send the defective Goods to the Seller, and the Seller recommends that the Goods be packaged in suitable packaging when sending so as to prevent damage or destruction. To facilitate and speed up the settlement of the complaint, it is appropriate to submit a proof of purchase of the Goods or an Invoice, if issued, or another document proving the purchase of the Goods, together with a completed complaint protocol, in which the Seller shall state a description of the Defect and a proposal for the method of resolving the complaint. The Buyer, who is an entrepreneur, is obliged to inform the Buyer of the complaint in advance by telephone or e-mail and provide the aforementioned documents, if received. The Seller recommends that the Buyer send the defective Goods to the address for returning the Goods specified in the introduction to the OP. The Buyer, who is an entrepreneur, is obliged to deliver the Goods to this address, unless the Contracting Parties agree otherwise.
8.9. The moment of exercising the right from defective performance is considered to be the moment when the Seller was notified by the Buyer of the occurrence of the Defect and the right from defective performance was exercised.
8.10. If the Goods are defective, the Buyer may claim:
- repair or delivery of new Goods, at its option, unless the chosen method of removing the Defect is (i) impossible or (ii) disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the Defect, the value that the Goods would have without the Defect, and whether the Defect can be removed in another way without significant difficulties for the Buyer. The Seller may refuse to remove the Defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the Defect and the value that the Goods would have without the Defect; If the Buyer is a consumer, the Seller shall remove the Defect within a reasonable time after it is pointed out in such a way as not to cause significant difficulties for the Buyer, taking into account the nature of the Goods and the purpose for which the Buyer purchased them; If the Buyer is a consumer, the Seller shall take over the Goods at its own expense to eliminate the Defect; if this requires dismantling the Goods, the assembly of which was carried out in accordance with the nature and purpose of the Goods before the Defect became apparent, the Seller shall dismantle the defective Goods and assemble the repaired or new Goods or shall cover the costs associated with this;
- completion of what is missing, if this is possible given the nature of the Goods;
8.11. Instead of the rights specified in paragraph 8.11, the Buyer may request a reasonable discount on the Price or withdraw from the Contract if:
- The Seller has not removed the Defect or it is obvious from the Seller's statement or from the circumstances that the Defect will not be removed in accordance with the OP;
- the Defect appears repeatedly or even after its removal; this does not apply if the Buyer is an entrepreneur; or
- a Defect is a material breach of the Contract.
8.12. The Seller shall issue a written confirmation to the Buyer regarding the exercise of the right to defective performance, which shall include (i) the date of the claim, (ii) the content of the claim, (iii) the method of settlement of the claim requested by the Buyer and (iv) the Buyer's contact details. The Seller is not obliged to issue such confirmation in the case of a Buyer who is an entrepreneur.
8.13. The complaint, including the removal of the Defect, will be handled without undue delay, no later than 30 (thirty) days from the date of the complaint. During this time, the Seller is also obliged to inform the Buyer, who is a consumer, about the result of the complaint. The Seller will issue a written confirmation to the Buyer about the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This does not apply if the Buyer is not a consumer.
8.14. If the Seller is in delay in settling the complaint and if the Buyer is a consumer, the Buyer has the right to (i) withdraw from the Contract or (ii) receive a reasonable discount on the Price.
8.15. The Buyer has the right to reimbursement of the costs reasonably incurred when making a claim for the Goods. However, the Buyer must exercise the right to reimbursement of these costs within 1 (one) month after the expiry of the period within which the rights arising from defective performance must be exercised. The Buyer, who is an entrepreneur, hereby waives the right to reimbursement of costs.
8.16. The Seller does not provide any guarantee for quality beyond the statutory warranty period.
9 user account
9.1. The creation of a User Account is carried out via the appropriate form on the Website. Registration is free of charge.
9.2. The Seller reserves the right to refuse fictitious, fraudulent or duplicate registrations of Buyers, as well as registrations that, at the Seller's discretion, violate the legal order of the Czech Republic, ethical rules and good morals, the Terms of Use or the legitimate interests of third parties or the Seller. The Seller is entitled to refuse or cancel the registration of a Buyer who does not meet these conditions at any time in the future.
9.3. When registering, the Buyer is obliged to provide all data correctly, truthfully and completely. The Buyer is obliged to update the data provided in the User Account in the event of any change. The Seller considers the data provided in the User Account to be correct, truthful and complete. By registering, the Buyer declares that he has read the Personal Data Processing Policy and the Information on Cookie Processing .
9.4. Access to the User Account is secured by a username (e-mail) and password, this does not apply if the User Account is linked to an account maintained by a third party (e.g. login via Facebook, etc.). The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account. The Buyer is not entitled to allow third parties to use the User Account.
9.5. The Buyer has the right to change the information in the User Account at any time or to cancel it completely (via the Website or by notifying the Seller). The Seller may cancel the User Account, in particular if the Buyer does not use it for more than 24 months or if the Buyer violates his contractual or legal obligations towards the Seller. The deletion of the User Account according to the previous sentence is free of charge.
10 CHANGE OF TERMS AND CONDITIONS
10.1. The Seller is entitled to unilaterally change these Terms and Conditions as well as all other annexes to the Contract to a reasonable extent. The Seller shall notify the Buyer in writing of changes to the Terms and Conditions, who should be affected by the change in rights and obligations. If the Buyer does not agree with the new wording of the Terms and Conditions, he has the right to refuse the change to the Terms and Conditions, in which case this shall be considered a termination of the rights and obligations of the Buyer and the Seller. The Contracting Parties agree that failure to deliver the Buyer's timely notice of termination pursuant to the previous sentence or failure to deliver the Buyer's timely consent to the change to the Terms and Conditions shall be an expression of the Buyer's consent to the change to the Terms and Conditions. Changes to the Terms and Conditions made in this way shall be effective upon the expiry of the 10th day from the date of delivery of the Seller's notification of the change to the Terms and Conditions to the Buyer.
10.2. The previous paragraph applies only to rights and obligations arising from the Terms and Conditions that are of a permanent nature (e.g. rights and obligations arising from the User Account). In the case of the purchase and sale of Goods, the Terms and Conditions as amended on the date of conclusion of the Contract shall apply and the rights and obligations arising from them shall not be affected by a later amendment to the Terms and Conditions.
11 COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEBSITE
11.1. The content of the Website (texts including OP, photographs, images, logos, software and other) is protected by the copyright of the Seller or the rights of other persons. The Buyer may not change, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the consent of authorized persons. In particular, it is prohibited to make available, free of charge or for a fee, photographs and texts placed on the Website.
11.2. If the Goods or a part thereof is protected by copyright or industrial property rights and if a license to use the Goods is necessary for their normal use, by selling the Goods the Seller grants the Buyer a non-exclusive license (sublicense) to the minimum extent necessary to enable the Buyer to use the Goods in a normal manner for their non-commercial and personal purposes.
11.3. Names and designations of products, services or economic entities may be registered trademarks of their respective owners or unregistered designations.
11.4. The Seller is not liable for errors resulting from third party interference with the Website or from its use contrary to its intended purpose. When using the Website, the Buyer may not use procedures that could disrupt the function of the system or place an unreasonable burden on the system.
11.5. If the Buyer commits an unlawful act while using the Website, the Seller reserves the right to restrict, suspend or terminate the Buyer's access to the Website without any compensation. In this case, the Buyer is further obliged to compensate the Seller for any damage caused by such act.
11.6. The Seller warns the Buyer that clicking on some links on the Website may result in leaving the Website and being redirected to websites of third parties.
11.7. Everyone is obliged to use the Website only for the specified purpose and in the usual manner, i.e. via a browser and user interface.
11.8. In order for the Buyer to use the Website to its full extent, the Buyer must use certain technologies or browser options, e.g. activate JavaScript or have necessary cookies enabled in the browser.
11.9. The Buyer acknowledges that the User Account or the Website may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
11.10. If the Buyer provides the Seller with any information regarding the Goods or the Seller, in particular if he decides to publish a review on the Website or if he fills out a satisfaction questionnaire, he hereby gives the Seller consent to publish all the information provided, including all visual or audiovisual footage, free of charge on the Website or on the Seller's profiles and social networks. By publishing or providing it, the Buyer declares that he has the copyright or other necessary rights to this information or is otherwise entitled to dispose of it in such a way that its publication on the Website or on the Seller's profiles and social networks does not violate the copyright or other rights of third parties.
11.11. The Buyer acknowledges that the Seller is entitled to remove the review or the content of the satisfaction questionnaire for justified reasons, or is not obliged to publish this data, including all visual or audiovisual footage. However, the Operator does not actively monitor the content stored by the Buyer, and therefore does not play an active role of such a nature that it could be stated that it knows or controls the content stored by the Buyer.
12 Seller's liability
12.1. The Seller's liability is governed by the provisions of the Contract. All rights of the Buyer that are not expressly granted in the Contract and the Terms and Conditions and that can be limited according to generally binding legal regulations, taking into account the mutual relationship between the Seller and the Buyer, in particular the Buyer's right to compensation for Damage, are excluded, regardless of their legal basis.
12.2. The exclusion and limitation of liability under this article of the GTC shall not apply in cases where there is a statutory obligation to compensate for Damage that cannot be contractually limited, in particular in the case of liability for Damage (i) caused to a person in his natural rights, (ii) intentionally or through gross negligence, or (iii) to a Buyer who is a consumer.
13 Force majeure and change of circumstances
13.1. The Seller shall not be in default or obliged to compensate for Damage caused to the Buyer by breach of its obligations arising from the Contract or the law, if the Seller was prevented from fulfilling this obligation by any of the obstacles excluding the obligation to compensate for Damage. An obstacle excluding the obligation to compensate for Damage caused by breach of the Contract or the law is considered to be an obstacle within the meaning of Section 2913, paragraph 2 of the Civil Code. The Contracting Parties expressly agree, beyond the scope of the law, that any obstacle related to the spread of the Coronavirus disease is also considered to be an obstacle excluding the obligation to compensate for Damage. The Contracting Parties intend to exclude the Seller's liability for delay and for Damage caused by breach of its obligations arising from the Contract or the law as a result of the Coronavirus, as they are unable to predict its further development and consequences for the Seller's ability to fulfill its obligations under the Contract or the law. The Buyer acknowledges this.
13.2. The Seller undertakes to notify the Buyer without undue delay of any obstacles that preclude the obligation to compensate for damage and that prevent the proper performance of obligations arising from the Contract or the law. The Contracting Parties undertake to exercise reasonable care to prevent and overcome obstacles that preclude the obligation to compensate for damage.
13.3. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
14 personal data protection
14.1. The Seller provides information about the processing of personal data of individuals in a separate document , the Principles of Personal Data Processing .
14.2. The Seller provides information about the processing of cookies in a separate document , Cookie Processing Principles .
14.3. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection ( https://www.uoou.cz/ ).
15 Governing Law and Dispute Resolution
15.1. These GTC, as well as the legal relationships established by the Contract, shall be governed by Czech law, excluding conflict of laws provisions. In no case shall the UN Convention on Contracts for the International Sale of Goods and the UN Convention on Limitation Periods for the International Sale of Goods apply. In addition to the above provisions in the GTC, the application of Sections 557, 558 (2), 1732 (2), 1740 (3), 1748 of the Civil Code shall be excluded. If the Buyer is an entrepreneur, the Contracting Parties hereby expressly exclude the application of Sections 1799 and 1800 of the Civil Code. This shall not affect the protection of the Buyer, who is a consumer, provided to him by the law of the state where he has his habitual residence.
15.2. If the Buyer is an entrepreneur, the Contracting Parties have agreed that all disputes arising from or in connection with the Contract, including disputes regarding its validity, interpretation, implementation or termination, will be resolved by the Municipal Court in Brno or the Regional Court in Brno, depending on the subject matter jurisdiction.
16 FINAL PROVISIONS
16.1. If any provision of the OP is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Contract or OP shall be in writing.
16.2. The Buyer agrees to the use of distance communication means when concluding the Contract. The Buyer shall bear the costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Contract (internet connection costs, telephone call costs), and these costs shall not differ from the basic rate.
16.3. The Buyer is not entitled to assign the rights and obligations under the Contract to a third party without the prior written consent of the Seller.
16.4. All rights and claims of the Seller against the Buyer arising from the Contract, from its breach or from unjust enrichment of the Buyer in the event of invalidity, nullity or cancellation of the Contract shall expire within 10 years from the date on which the right could have been exercised by the Seller for the first time.
16.5. All agreements of the Parties, emails, communications and other expressions of the will of the Parties contained outside the text of the OP or the Contract are irrelevant in relation to these OP or the Contract. The Parties hereby express their will not to take the aforementioned sources into account when interpreting their intention. The Parties hereby declare that as of the date of conclusion of the Contract, no practice has arisen between them that could be considered relevant. The Parties exclude the application of commercial customs for relations arising from or related to the Contract.
16.6. The Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
In Brno on March 17, 2025