Terms and conditions
INTERNET PORTAL OPERATOR
White bird spol. s.r.o.
Voskovcova 1075/57
152 00 Prague 5
IČO: 27570304
DIČ: CZ27570304
a company registered in the register kept by the Municipal Court in Prague, file no. C 115069
(hereinafter referred to as the “Seller”)
issues the terms and conditions for the sale of goods through the online store located at the internet address www.shisharium.com.
Contact details:
- Registered address: Voskovcova 1075/57, 152 00 Prague 5, Czech Republic
- Operation and stock: K Žižkovu 282/9, 190 00 Prague 9
- e-mail: info@shisharium.com
- telephone: + 420773939210
- www.shisharium.com
- social networks: Facebook (Shisharium.cz), Instagram (Shisharium.cz)
Address for complaints and returns of goods upon withdrawal from the purchase contract:
shisharium.com (White bird spol. s.r.o.)
K Žižkovu 282/9
190 00 Prague 9
Czech Republic
I. Basic provisions
- These terms and conditions (hereinafter referred to as the “terms and conditions”) of the seller are issued pursuant to the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
- These terms and conditions govern the mutual rights and obligations of the seller and the buyer. The buyer is a natural or legal person (hereinafter referred to as the “buyer”) who concludes a purchase contract (hereinafter referred to as the “purchase contract”) via a web interface located on the website available at the Internet address https://www.shisharium.com/ (hereinafter referred to as the “online store”). The buyer may be an entrepreneur or a non-entrepreneur.
- Where these terms and conditions state that a provision applies only to the buyer – consumer, this means a natural person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a purchase contract with the seller or otherwise deals with him (hereinafter referred to as the “buyer – consumer”).
- Provisions deviating from the terms and conditions may be agreed in the purchase contract. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in the English language.
- The seller may change or supplement the wording of these terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
II. Information about goods and prices
- Information about goods, including the prices of individual goods and their main characteristics, are listed for individual goods in the online store catalog. The prices of goods are always listed excluding value added tax and including value added tax and all related fees. The prices of goods remain valid for the period for which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually negotiated conditions.
- All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The online store also publishes information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the online store applies only to cases where the goods are delivered within the territory of the EU countries.
III. Ordering and concluding a purchase contract
- The online store prohibits the sale of products intended for smoking to persons under the age of 18. The sale of the goods specified in the previous paragraph is possible only to persons who have reached the age of 18 at the time of concluding the purchase contract.
- In order to limit the availability of products intended for smoking to persons under the age of 18, the seller sets the following conditions for the sale of these goods:
- Only persons over the age of 18 are authorized to purchase goods in the online store.
- By sending the order, the buyer confirms that he/she is over 18 years of age.
- The buyer agrees to the use of distance communication means when concluding the purchase contract. The buyer shall pay the costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls). These costs do not differ from the basic rate given by the relationship between the buyer and his provider of these services.
- When placing an order, the buyer selects the goods and the number of pieces of goods (the buyer places the ordered goods in the electronic shopping cart of the online store), the payment method (the method of payment for the purchase price of the goods and shipping) and the method of delivery of the goods.
- Before sending the order, the buyer is allowed to check and change the data entered in the order (the buyer can detect and correct errors made when placing the order). The buyer sends the order to the seller by clicking on the "ORDER with payment obligation" button. The data specified in the order are considered correct by the seller.
- The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.
- Sending the order undoubtedly identifies the ordered goods, the purchase price, the buyer's identity, the method of payment of the purchase price, and is a binding proposal for the contracting parties to conclude a purchase contract.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer specified in the customer account (hereinafter referred to as the "buyer's email address"). This confirmation is considered to be the conclusion of the purchase contract, i.e. the purchase contract is concluded at the moment when the buyer receives the acceptance of the binding order from the seller. The confirmation is attached to the current terms and conditions of the seller, including the form for withdrawal from the purchase contract.
- The buyer may cancel the order (cancel the proposal to conclude a purchase contract) until the buyer receives a notification of acceptance of the order from the seller.
- In the event that the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to the buyer's email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer delivered to the seller's email address specified in these terms and conditions.
- In the event that there is an obvious technical error on the seller's part when indicating the price of the goods in the online store or during the ordering process, the seller will inform the buyer of the error without undue delay and will send the buyer an amended offer to the buyer's email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer delivered to the seller's email address specified in these terms and conditions.
IV. Customer account
- The buyer, upon registration in the online store, gains access to his customer account (hereinafter referred to as the “customer account”). The buyer orders goods from his customer account. A customer account is necessary to purchase goods in the online store.
- When registering for a customer account and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the customer account in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by a password. The buyer is obligated to maintain confidentiality regarding the information necessary to access his customer account.
- The buyer is not authorized to allow third parties to use the customer account.
- The Seller may cancel the customer account, especially if the Buyer no longer uses his customer account, or if the Buyer breaches his obligations under the purchase contract (including these terms and conditions).
- The Buyer acknowledges that the customer account 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.
V. Payment terms and delivery of goods
- The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase contract in the following ways:
- by bank transfer to the Seller's bank account No. CZ5320100000002003048068, maintained at Fio banka a.s. (hereinafter referred to as the "seller's account"),
- cashless payment by card via the ComGate payment gateway.
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.
- In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract. The buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol.
- In the case of payment via the ComGate payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment provider.
- In the case of non-cash payment and payment via the ComGate payment gateway, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
- The seller does not request any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not an advance payment.
- The goods can be delivered to the buyer in the EU countries: to the address specified by the buyer in the order,
- The buyer chooses the delivery method in the order.
- The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
- The seller shall deliver the goods without undue delay, but no later than 30 days from the date of conclusion of the purchase contract. The goods are usually delivered to the carrier the next business day after the order is placed.
- If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than 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 a different method of delivery.
- When taking over 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. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
- The seller will issue the buyer a tax document - invoice after payment of the purchase price and send it to the buyer's email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to receive the goods, but did not do so in violation of the purchase contract.
- The buyer - consumer can file a complaint regarding the method of payment or the method and time of delivery of the goods via the e-mail address: info@shisharium.com
VI. Withdrawal from the purchase contract
- The buyer - consumer has the right, in accordance with Section 1829 of the Civil Code, to withdraw from the purchase contract within 14 days:
- from the date of receipt of the goods,
- from the date of receipt of the last piece of goods, if the buyer - consumer orders multiple pieces of goods within one order that are delivered separately,
- from the date of receipt of the last item or part of a delivery of goods consisting of several types of items or parts,
- from the date of receipt of the first delivery of goods, if the subject of the purchase contract is the regular delivery of goods for an agreed period.
- To comply with the withdrawal period from the purchase contract, the buyer - consumer must send the withdrawal from the purchase contract to the seller within the period specified in paragraph 1 of this article.
- The buyer - consumer acknowledges that, according to Section 1837 of the Civil Code, he cannot, among other things, withdraw from the purchase contract:
- of the provision of services, if they have been provided in full; in the case of performance for consideration, only if it began with the prior express consent of the buyer - consumer before the expiration of the period for withdrawal from the purchase contract and the seller, before concluding the purchase contract, informed the buyer - consumer that the right to withdraw from the contract expires by providing the performance,
- on the delivery of goods that were manufactured according to the requirements of the buyer - consumer or adapted to his personal needs,
- on the delivery of goods that are subject to rapid deterioration or goods with a short shelf life, as well as goods that were irretrievably mixed with other goods after delivery due to their nature,
- on the delivery of goods in sealed packaging that is not suitable for return due to health protection or hygiene reasons after the buyer - consumer has broken it (e.g. hygienic mouthpieces, some types of silicone hoses, open packaging of a tobacco product - broken stamp),
- The buyer - consumer may withdraw from the purchase contract by any unambiguous statement made to the seller. He may also use the sample form provided by the seller, which is an annex to these terms and conditions.
- The buyer – consumer may withdraw from the purchase contract in writing, in paper form or electronically, in person (orally at the premises) or by telephone – all contacts are listed above. The seller shall immediately send the buyer – consumer a confirmation of acceptance of the withdrawal from the purchase contract in text form. The provisions of Article XIII of these terms and conditions shall also apply to the delivery of the withdrawal from the purchase contract.
- By withdrawing from the purchase contract, the purchase contract shall be cancelled from the beginning.
- The buyer - consumer who has withdrawn from the purchase contract is obliged to return the goods to the seller without undue delay, no later than within 14 days of withdrawal from the purchase contract to the seller. In this case, the buyer - consumer bears the costs associated with returning the goods to the seller. If the goods cannot be returned by regular mail due to their nature, the costs associated with returning the goods amount to 10 EUR.
- If the buyer - consumer withdraws from the purchase contract, the seller shall return to the buyer - consumer all funds, including delivery costs, received from him, no later than within 14 days of withdrawal from the purchase contract by the buyer - consumer, in the same way as the seller received them from the buyer - consumer. However, the seller is not obliged to return the funds received to the buyer - consumer before the buyer - consumer hands over the goods to him or proves that he sent the goods to the seller. The seller will return the money received to the buyer - consumer in another way only if the buyer - consumer agrees to this and if this does not incur additional costs.
- If the buyer - consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller will return the costs of delivery of the goods to the buyer - consumer in the amount corresponding to the cheapest method of delivery offered.
- In the event of withdrawal from the purchase contract, the buyer - consumer will return the goods to the seller, including all accessories and documentation, in the condition and value in which he received them. The goods are undamaged if they do not show signs of excessive use (beyond the scope of use to familiarize himself with the nature, properties and functionality of the goods) and are not dirty or otherwise devalued; if possible, the buyer - consumer will also return the goods in their original packaging. If the returned goods were damaged or otherwise devalued as a result of the buyer's breach of the buyer's obligations, the seller is entitled to claim compensation for the decrease in the value of the goods against the buyer's claim for compensation for the decrease in the value of the goods. The seller is entitled to unilaterally offset the claim for compensation for the decrease in the value of the goods against the buyer's claim for a refund of the purchase price.
- For the avoidance of doubt, the seller expressly states that the rights under this Article VI., referred to in paragraphs 1 to 10., belong only to the buyer - consumer, without this having to be expressly stated in any provision.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift loses its effect and the buyer is obliged to return the gift provided to the seller together with the goods.
- The Seller is entitled to withdraw from the purchase contract:
- until the time of receipt of the goods by the Buyer – even without stating the reasons,
- in the event of an obvious error in the price of the goods within 14 days from the day following the date of conclusion of the purchase contract between the Buyer and the Seller,
- if the Buyer is in arrears with payment of the purchase price of the goods for more than 5 days,
- if the Buyer or a person authorized by him does not properly prove to the carrier or the Seller's authorized representative that he is a person over 18 years of age,
- due to stock shortages, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has suspended the production or import of the goods and due to other cases arising from a third party.
- The Seller shall immediately inform the Buyer of the withdrawal from the purchase contract via the Buyer's email address specified in the order. The Seller shall return to the Buyer all funds, including delivery costs, received from the Buyer, without undue delay, no later than 14 days after the Seller withdraws from the purchase contract. The Seller shall return these funds in cash to the account designated by the Buyer for this purpose or to the account from which the funds were transferred to pay the purchase price (if the Buyer does not notify the Seller of any within 5 days of withdrawal).
- If the Buyer, who is not a consumer, is in delay in taking over the goods for more than 3 working days after the expiry of the collection period, he is obliged to pay the Seller a contractual penalty of 10 EUR. The seller is entitled to unilaterally offset the claim for a contractual penalty against the buyer's claim for a refund of the purchase price - if the seller subsequently withdraws from the contract.
- If the buyer, who is a consumer, is in delay in taking over the goods for more than 3 working days after the expiry of the collection period, he is obliged to compensate the seller for the damage incurred in connection with the performance under the purchase contract (in particular, the costs incurred as a result of the failure to deliver the goods - transport, packaging, etc.). The buyer acknowledges that the usual costs of transport and packaging are approximately CZK 100. The seller is entitled to unilaterally offset the claim for compensation against the buyer's claim for a refund of the purchase price - if the seller subsequently withdraws from the contract.
VII. Rights from defective performance
- The provisions of this Article VII. apply only to the relationship between the seller and the buyer - consumer, even without being expressly stated. For other buyers, the general rules of liability for defects set out in the Civil Code apply.
- The seller is responsible to the buyer - consumer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer - consumer that at the time the buyer - consumer took over the goods:
- it corresponds to the agreed description, type and quantity, as well as the quality, functionality, compatibility, interoperability and other agreed properties,
- the goods are suitable for the purpose for which the buyer - consumer requires them and to which the seller has agreed,
- the goods are delivered with the agreed accessories and, if this results from the nature of the goods, also with instructions for use, including assembly or installation instructions.
- In addition to the agreed properties, the seller is responsible to the buyer - consumer that the goods:
- are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, if there are no technical standards,
- the quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same type that the buyer - consumer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or labeling. The seller is not bound by a public statement if he proves that he was not aware of it or that it was modified at least in a comparable way to the way it was made at the time of concluding the purchase contract, or that it could not have influenced the decision to purchase,
- is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer - consumer can reasonably expect, and
- corresponds to the quality or design of the sample or template that the seller provided to the buyer - consumer before concluding the purchase contract.
The seller is not liable under this paragraph if he specifically warned the buyer - consumer before concluding the purchase contract that some property of the goods differs, and the buyer - consumer expressly agreed to this when concluding the purchase contract.
- If a defect appears within 1 year of receipt of the goods by the buyer - consumer, it is assumed that the goods were defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the period during which the buyer - consumer cannot use the goods, if he has rightfully pointed out the defect.
- The buyer - consumer is entitled to exercise the right from a defect that occurs in the goods within 2 years from the receipt. When purchasing a used item, the parties may shorten the period according to the first sentence to 1 year. If the buyer - consumer has rightfully pointed out the defect to the seller, the period for pointing out the defect does not run for the period during which the buyer - consumer cannot use the goods.
- If the goods have a defect, the buyer - consumer may exercise the right to defective performance ("complaint") with the seller and demand:
- removal of the defect - at the buyer - consumer's choice by delivering a new item without a defect or by repairing the goods, under the following conditions
- The buyer - consumer cannot choose the method of removing the defect if the chosen method is impossible or unreasonably expensive compared to the other - in particular with regard to the significance of the defect and the value of the goods without a defect, and whether the defect can be removed in the second method without significant difficulties for the buyer - consumer.
- The seller may refuse to remove the defect if this is impossible or unreasonably expensive, in particular with regard to the significance of the defect and the value that the goods would have without a defect.
- The seller shall remove the defect within a reasonable time after it is pointed out so as not to cause significant difficulties for the buyer - consumer, taking into account the nature of the goods and the purpose for which the buyer - consumer purchased the goods.
- To eliminate the defect, the seller will take over the goods at his own expense.
- If the buyer - consumer does not take over the goods within a reasonable time after the seller has informed him of the possibility of taking over the goods after repair, the seller is entitled to a fee for storage.
- a reasonable discount on the purchase price or may withdraw from the purchase contract, in these cases:
- the seller has refused to eliminate the defect or has not eliminated it in accordance with the previous points,
- the defect appears repeatedly,
- the defect is a material breach of the purchase contract,
- it is obvious from the seller's statement or from the circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for the buyer - consumer.
- removal of the defect - at the buyer - consumer's choice by delivering a new item without a defect or by repairing the goods, under the following conditions
- The reasonable discount under paragraph 6 shall be determined as the difference between the value of the goods without defects and the value of the defective goods that the buyer - consumer received.
- The buyer - consumer may not withdraw from the purchase contract under paragraph 6 if the defect in the goods is insignificant; it shall be deemed that the defect is not insignificant. If the buyer - consumer withdraws from the purchase contract under paragraph 6, the seller shall refund the purchase price to the buyer - consumer without undue delay after receiving the goods or after the buyer - consumer proves to him that he has sent the goods.
- The defect may be alleged against the seller from whom the goods were purchased. If another person is designated to carry out the repair, who is at the seller's location or at a location closer to the buyer - consumer, the buyer - consumer shall allege the defect to the person designated to carry out the repair. The seller is obliged to accept a complaint at any establishment where the complaint can be accepted with regard to the range of goods sold, or at the registered office. The buyer - consumer shall exercise his rights from defective performance at the address K Žižkovu 282/9, 190 00 Prague 9. The buyer - consumer may also notify the exercise of the right from defective performance electronically.
- Method of exercising the claim:
- The buyer - consumer shall state in the claim the name of the goods, a description of the defect, the requested method of handling the claim, his name and surname, and contact details at which he can be contacted regarding the handling of the claim (we recommend a telephone number, address and e-mail, if possible identical to the buyer - consumer's e-mail). We also recommend attaching the order number for easier identification of the goods. It is advisable for the buyer - consumer to submit a proof of purchase of the goods or a copy thereof or another document from which it will be clear that the goods were purchased from the seller. The buyer - consumer is further recommended to send the goods to the seller clean in packaging that prevents damage when exercising the right to a defect.
- The day of exercising the claim is considered the day on which the buyer - consumer points out the defect and exercises the right to defective performance. If the goods are not delivered to the seller together with the exercise of the claim, they will deliver them without undue delay after exercising the right to defective performance. Without delivery of the goods, the seller is unable to assess and settle the claim.
- If the submission by which the buyer - consumer claims the goods is incomplete (e.g. illegible, unclear, incomprehensible, without the required documents, etc.), the seller will invite him by e-mail sent to the e-mail that the buyer - consumer stated in the complaint, or to the e-mail specified in the order for the goods, to supplement the complaint. If the buyer - consumer does not supplement his submission no later than 10 days from the delivery of the invitation to supplement, the seller will consider the complaint unfounded.
- The buyer - consumer acknowledges that if he does not hand over the complained goods to the seller with all the accessories of the goods, the seller will return the purchase price to the buyer - consumer, reduced by the price of the unreturned accessories, when settling the complaint by withdrawing from the contract.
- When making a complaint, the seller will send the buyer - consumer a written confirmation by e-mail, stating the date on which the buyer - consumer made the complaint, its content, the method of handling the complaint the buyer - consumer requests and the buyer - consumer's contact details for the purpose of providing information on the handling of the complaint. If the buyer - consumer makes a complaint about the goods in person with the seller, the seller will issue a confirmation immediately after the complaint is made. The confirmation is proof of receipt of the complaint, not of the handling of the complaint. The seller will assess the condition of the goods in the complaint procedure.
- Until the seller fulfills its obligations from the defective performance, the buyer - consumer does not have to pay the unpaid purchase price or part of it. The seller is obliged to issue the buyer - consumer a written confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This confirmation will be sent to the email address specified in the complaint or the email address specified in the order.
- The seller will handle the complaint, including the removal of the defect, and inform the buyer - consumer about it no later than 30 days from the date of filing the complaint, to the email address specified in the complaint or the email address specified in the order. The seller and the buyer - consumer may agree on a longer period. After the period has expired in vain, the buyer - consumer may withdraw from the purchase contract or request an appropriate discount.
- The buyer - consumer does not have the right to claim defective performance if he knew before taking over the item that the item had a defect, or if he caused the defect himself. A defect in the goods is not wear and tear caused by normal use or, in the case of used goods, wear and tear corresponding to the degree of previous use. The buyer - consumer does not have rights to claim defective performance if it is a defect that he must have noticed with the usual care when concluding the purchase contract. This does not apply if the seller has expressly assured him that the goods are free of defects, or if he has concealed the defect cunningly.
- In the event of a justified complaint, the buyer - consumer has the right to compensation for the costs reasonably incurred in connection with the complaint. The buyer - consumer may exercise this right against the seller within one month of the expiry of the period in which the defects must be pointed out. After the expiry of the period, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
- The rights and obligations of the contracting parties, if the participant is a buyer - consumer, regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
VIII. Discount codes
- When ordering goods, the buyer may enter a discount code provided by the seller.
The buyer may not apply discount codes repeatedly or combine them; this does not apply if the seller sets explicitly different conditions for applying the discount for a specific discount code, or if the seller and the buyer expressly agree on this. - If the buyer has applied a discount code when purchasing goods and subsequently withdraws from this purchase contract or returns the goods to the seller for another reason, the buyer has the right to a refund of the amount actually paid for the goods.
- When purchasing multiple items of goods and subsequently returning only part of the purchased goods, the seller will refund to the buyer only the amount actually paid for the returned goods, not the payment for shipping. The actually paid purchase price for the returned goods is calculated so that the purchase price of the goods before the discount is reduced by the percentage of the discount provided.
- In the event that the seller has provided the buyer with a volume discount for the purchase of goods and the buyer subsequently returns only part of the purchased goods, for which he has lost the right to be provided with a volume discount, the seller is entitled to withdraw the provided discount from the buyer and offset its amount against the payment for the returned goods.
- The buyer may only use the discount code during its validity period. The seller does not provide money or any other form of compensation for an unused discount code.
The discount code can only be used when purchasing through the online store and only for a customer account of the "end customer" type. - The discount code is not exchangeable for money or any other form of compensation.
- If the buyer collects the goods for a lower price than the value of the discount code, the buyer is not entitled to a refund of the value of the discount code or a new discount code for the remaining value of the original discount code.
- If the buyer uses the discount code in violation of this article, the seller may refuse the discount code; the buyer may also withdraw from the purchase contract.
IX. Delivery
- The contracting parties shall deliver all correspondence (notifications concerning the relationship between the seller and the buyer, in particular concerning withdrawal from the purchase contract) to each other in writing via electronic mail or registered mail via a postal service operator.
- The message is delivered:
- in the case of delivery by electronic mail at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate, the buyer delivers the correspondence to the address specified on the seller's website.
- in other cases according to legal regulations.
- When delivered by electronic mail, the buyer delivers the correspondence to the seller to the email address specified in these terms and conditions. The seller delivers the correspondence to the buyer to the email address of the buyer (the email address specified in his customer account).
- When delivered via a postal service provider, the buyer delivers the correspondence to the seller to the address specified in these terms and conditions. The seller delivers the correspondence to the buyer to the address specified in his customer account.
X. Out-of-court dispute resolution
- All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the buyer - consumer arising from generally binding legal regulations.
- The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
- All rights to the seller's website, in particular copyright to the content, including the layout of the page, photographs, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or part of it without the seller's consent.
- The seller is not liable for errors arising as a result of third party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store without authorization and to use the online store or its parts or software in a way that would be contrary to its purpose or purpose.
- If any provision of the terms and conditions 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 purchase contract or terms and conditions require written form.
- The buyer, who is an entrepreneur, hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form for at least 2 years and is not publicly accessible.
- The seller does not verify the origin of the reviews listed in the online store.
A sample withdrawal form can be found here.
These terms and conditions come into effect on 23. 11. 2024.