Terms and conditions

1. Seller's identification and contact details:

Lucie Zavacka

Vančurova 1694/3, 251 01 Ricany

ID: 06408397

VAT number: CZ8752070404

(hereinafter referred to as the " Seller ")

Address for electronic communication:

obchod@gdess.cz

2. INTRODUCTORY PROVISIONS

2.1 These terms and conditions (hereinafter referred to as the “Terms and Conditions”) regulate, in accordance with Section 1751, paragraph 1 and Section 2079 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “ Civil Code ”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “ Purchase Contract ”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s online store. The Seller operates the online store at the following address

http://www.gdess.cz/ (hereinafter referred to as the " online store ").

2.2 These Terms and Conditions shall prevail over the Civil Code unless expressly prohibited by the Civil Code. In the event that any issue is not governed by these Terms and Conditions, the legal regulations of the Czech Republic, in particular the Civil Code, shall apply.

2.3 Provisions deviating from these terms and conditions may only be agreed upon expressly. Explicit deviating provisions shall take precedence over the provisions of these terms and conditions.

2.4 Where these Terms and Conditions refer to paragraphs (or also “paragraphs”) or articles (or also “articles”) without further specification, this means paragraphs or articles of these Terms and Conditions.

2.5 A consumer is understood to be a person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a contract with an entrepreneur or otherwise deals with him (hereinafter referred to as the “ consumer ”). For the purposes of the definition of a consumer according to the previous sentence, the entrepreneur is understood to be the seller.

2.6 These terms and conditions are part of all contracts concluded between the seller and the buyer, unless expressly agreed otherwise.

2.7 These terms and conditions shall apply to the relationship between the seller and buyers who are consumers; if the buyer is himself an entrepreneur, these terms and conditions shall apply, unless otherwise stated herein.

2.8 Changes and amendments to these terms and conditions are binding on the buyer who is a consumer if they are demonstrably communicated to the buyer.

3. CUSTOMER ACCOUNT

3.1 The Buyer has the option to shop in the online store without first creating a customer account (so-called without registration).

3.2 If the buyer voluntarily creates a customer account (and for this purpose is informed about the details of processing, which are regulated outside these terms and conditions), the customer account serves to make ordering goods easier and to update the data necessary for processing future orders. Necessary data means in particular the following personal data necessary for the performance of the purchase contract, including the handling of buyers' claims: name, surname, delivery address, billing address (if different from the delivery address), telephone and e-mail of the buyer.

3.3 The Buyer is obliged to provide only true data in the customer account. The Buyer is obliged to update this data in the event of any changes, at the latest before each order. If the defective performance originates from a breach of the obligation according to the previous sentence, this may lead to the release of the Seller from liability for defects or damage caused.

3.4 During the creation of a customer account (registration), the buyer is obliged to enter a login name and password. The login name is the buyer's working e-mail address.

3.5 The Buyer may not make his customer account available to third parties. The Buyer is fully responsible for the proper use of his customer account and for any misuse of the necessary data provided in the customer account by persons other than the Seller.

3.6 The Seller reserves the right to cancel the customer account at any time without compensation or to make it temporarily inaccessible due to maintenance or malfunction of the online store.

4. CONCLUSION OF THE PURCHASE CONTRACT

4.1 The online store (or the web interface of the online store) contains a list of goods offered by the seller for sale, including the prices of individual goods offered (prices of goods are stated including VAT), subject to stock shortages. The prices of the goods offered are final, with the exception of shipping, packaging and other handling charges. The offer to sell goods and the prices of these goods remain valid for the period they are displayed in the online store; the seller reserves the right to change the price of the goods at any time. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions, or not to conclude a contract with the buyer.

4.2 All offers for the sale of goods placed in the online store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods. The goods displayed in the online store are not a legally binding offer within the meaning of Section 1732, paragraph 2 of the Civil Code. It is only an invitation addressed to the buyer to send a binding proposal to conclude a purchase contract, the so-called offer, the purchase contract is always concluded only upon receipt (acceptance) by the seller, any explicit confirmation of the buyer's order by the seller is considered acceptance. The seller is entitled to cancel the buyer's order up to the moment the goods are handed over to the carrier.

4.3 To order goods, the buyer fills out an order form in the online store. The order form contains in particular:

4.3.1 identification of the ordered goods (this identification is provided in the electronic shopping cart, into which the buyer places the ordered goods by clicking on the "ADD TO CART" button),

4.3.2 the country of delivery and the currency in which the purchase price of the goods will be paid,

4.3.3 the method of transport and the method of payment of the purchase price of the goods, including information on the costs associated with the delivery of the goods,

4.3.4 identification and contact details of the buyer (i.e. in particular name, surname, billing address, delivery address (if different from the billing address), telephone and e-mail of the buyer)

(hereinafter referred to as the " order ").

4.4 The buyer's identification and contact details can also be provided to the seller by logging into the buyer's established customer account.

4.5 The Buyer is obliged to provide the Seller with only complete and correct information. If the Buyer does not provide the Seller with complete and correct information, the Seller is not obliged to send the ordered goods to the Buyer and the purchase contract is not concluded.

4.6 Before sending the order to the seller, i.e. until the moment of clicking on the "SEND ORDER" button, the buyer is allowed to check and change the data entered by the buyer in the order. The buyer thus has the opportunity, among other things, to identify and correct errors that occurred when entering data into the order and to remove individual items (goods) from the electronic shopping cart.

4.7 The Buyer sends the order to the Seller by clicking on the "SEND ORDER" button. The Seller considers the information provided in the order to be complete and correct. Sending the order is the Buyer's proposal to conclude a purchase contract within the meaning of Section 1731 of the Civil Code.

4.8 The Seller's automated system will immediately confirm to the Buyer by electronic mail (e-mail) after sending the order that the order has been properly received by the Seller. The Seller will send this confirmation to the Buyer's electronic mail (e-mail) address specified in the customer account or in the order. The purchase contract is concluded only upon full payment of the purchase price.

4.9 If it is not possible to deliver confirmed orders to the buyer for reasons on the buyer's side, it is considered that the purchase contract has not been concluded, in which case the seller is entitled to compensation for reasonably incurred costs and any possible damage.

4.10 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone) or to specify or change the terms of delivery of goods or the method of payment compared to the concluded purchase contract.

4.11 The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract.

4.12 The Buyer agrees to the use of distance communication means when concluding the purchase contract. 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) are borne by the Buyer himself and he acknowledges that the amount of these costs may depend on the conditions of the Internet or telephone connection used by the Buyer, and these costs do not differ from standard rates.

4.13 Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account from which the purchase price was paid by the buyer, no later than within 30 days.

5. TECHNICAL STEPS LEADING TO THE CONCLUSION OF THE PURCHASE CONTRACT

5.1 The individual technical steps leading to the conclusion of a purchase contract in an online store environment are as follows:

(i) selecting the goods, their size and quantity and then clicking on the "ADD TO CART" button,

(ii) clicking on the electronic shopping cart, in which the buyer can change the quantity of selected goods or remove selected goods from the cart, and then clicking on the "CONTINUE" button,

(iii) properly filling in the data according to paragraphs 4.3.2 (country of delivery and currency) and 4.3.3 (method of transport and method of payment of the purchase price of the goods) and then clicking on the "CONTINUE" button,

(iv) properly completing the data according to paragraph 4.3.4 (identification and contact details) or logging into the established customer account of the buyer,

(v) familiarization with and subsequent agreement to these Terms and Conditions and the Personal Data Processing Policy (see paragraph 13.1;

(vi) confirmation of the order by the buyer by clicking on the "SEND ORDER" button and

(vii) confirmation from the seller that the order has been properly received, sent to the buyer's email address specified in the customer account or in the order.

6. PRICE OF GOODS AND PAYMENT TERMS

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

6.1.1 by online bank transfer via the secure payment gateway Comgate,

6.1.2 by online bank transfer via the payment gateway of individual banks,

6.1.3 manually by online bank transfer to the seller's account specified in the order (hereinafter referred to as the "seller's account"),

6.2 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 expressly stated otherwise, the purchase price also includes the costs associated with packaging and delivery of the goods.

6.3 In the case of non-cash payment, the purchase price is payable within 1 day of concluding the purchase contract.

6.4 In the case of a non-cash transfer pursuant to paragraph 6.1.2 or 6.1.3, 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 any non-cash transfer, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.

6.5 The Seller is entitled to demand payment of the full purchase price before sending the goods to the Buyer.

6.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other and the discount on the purchase price can only be applied to non-discounted goods, i.e. goods for which no discount on the purchase price is indicated.

7. WITHDRAWAL FROM THE PURCHASE CONTRACT WITHOUT STATEMENT OF REASON

7.1 The Buyer acknowledges that, according to Section 1837 of the Civil Code, the purchase contract cannot be withdrawn, among other things:

7.1.1 if the delivered goods, or an integral part thereof, were a sound or video recording, or a computer program or other copyrighted work, and the buyer damaged its original packaging;

7.1.2 if the subject of the purchase was goods modified according to the wishes of the buyer or for his person, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence,

7.1.3 if the delivered goods have been irreversibly mixed with other goods,

7.1.4 if the goods were delivered in a sealed package, but the buyer removed them from the package and for hygiene reasons the goods cannot be returned. This applies in particular to underwear and other similar items of clothing.

7.1.4 if the goods have been damaged in any way after opening, especially by makeup, washing, cleaning, perfume, or wearing.

7.2 Unless this is the case referred to in paragraph 7.1 or another case where it is not possible to withdraw from the purchase contract without giving a reason, the buyer has the right to withdraw from the purchase contract without giving a reason within 14 days:

7.2.1 from the receipt of the goods by the buyer or

7.2.2 from the receipt of the last delivery of goods by the Buyer in the event that the Buyer ordered various goods within one order, but the Seller delivered them to him separately in two or more deliveries, or

7.2.3 from the receipt of the last item or part of the goods by the buyer in the event that the seller delivers goods consisting of several items or parts in parts.

7.3 The recommended way to withdraw from the purchase contract is to fill out the online form . In the withdrawal, the buyer is obliged to state his name and surname, order number and date of sending the order (date of purchase). The right to withdraw from the contract can also be exercised by filling out the sample form according to Government Regulation No. 363/2013 Coll., which is an annex to these terms and conditions.

7.5 In the event of withdrawal from the contract pursuant to paragraph 7.2, the purchase contract shall be cancelled from the beginning. The Buyer shall be obliged to send or hand over the goods to the Seller within 14 days from the date on which the withdrawal from the purchase contract was delivered to the Seller. The goods must be returned to the Seller undamaged and unworn, with all accessories and its parts to the address specified by the Seller.

7.6 After the buyer returns the goods to the seller, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are not damaged, dirty, worn, or show any other signs of use beyond the necessary inspection and testing of the goods to an extent similar to what the buyer could test the goods when concluding a purchase contract without using any means of distance communication, e.g. in a brick-and-mortar store.

7.7 In the event of withdrawal from the contract pursuant to paragraph 7.2, the seller shall refund the purchase price to the buyer, including shipping and packaging costs (however, this does not affect Article 7.9 below), within 14 days of receipt of the withdrawal from the purchase contract, as follows:

7.7.1 by bank transfer to the account designated by the buyer, otherwise to the account from which the buyer paid the purchase price of the goods; and

7.7.2 If the goods were paid for with a voucher, the payment is refunded as a new voucher.

7.8 Notwithstanding the period specified in paragraph 7.7, the Seller is not obliged to send funds to the Buyer before the Buyer delivers the goods back to him and subject to the fulfillment of the conditions under this Article 7 of the Terms and Conditions. The Seller shall return the funds to the Buyer within 14 days of the return of the goods and the necessary inspection by the Seller.

7.9 The costs associated with the return of the goods are borne by the buyer. The seller will arrange for the transport of the returned goods. The seller will offset the costs of transport and handling of the returned goods against the amount refunded to the buyer in accordance with Article 7.7, and this amount will always be equal to the costs originally paid; if the goods were originally sent free of charge (free shipping), the seller will choose the most economical transport option and inform the buyer of this when processing the withdrawal request.

7.10 This entire article does not apply to a purchase contract concluded with a buyer who is not a consumer.

8. BUYER'S RESPONSIBILITY FOR REDUCTION IN THE VALUE OF RETURNED GOODS

8.1 In the event that the goods are delivered to the seller damaged, worn (other than in a manner necessary and essential for familiarizing oneself with the nature and properties of the goods), soiled (this includes stains from makeup, cosmetics, perfume on fabric, etc.), or partially consumed goods, the buyer is liable to the seller for the reduction in the value of the goods caused by this. In such a case, the seller is entitled to offset his claim for the reduction in the value of the returned goods against the buyer's claim for a refund of the price of the goods. Damage to the original packaging resulting from unpacking the goods is not considered damage to the goods. This does not apply to hygienic packaging, as a result of which the right of withdrawal expires.

9. TRANSPORTATION AND DELIVERY OF GOODS

9.1 The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. The seller allows the following methods of delivery of the purchased goods (transport methods):

9.1.1 Delivery via the Zásilkovna delivery service.

9.2 If the method of transport is agreed upon at the request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport, which are specified in the order.

9.3 If the seller is obliged under the purchase contract to deliver the goods to the place designated by the buyer, the buyer is obliged to take over the goods upon delivery.

9.4 If the buyer does not accept the goods upon delivery, the seller is further entitled to include them on the list of unreliable buyers (hereinafter referred to as the "blacklist"), and all buyers registered on the blacklist are obliged to pay the purchase price and shipping costs in advance to the seller's account in the event of a subsequent purchase.

9.5 The Buyer agrees that if the goods are not accepted and the goods are returned to the Seller for this reason, the Seller will store the goods and the Buyer will pay the Seller a storage fee of CZK 15 for each day of storage, up to a maximum of CZK 1,800. If the Seller has provided the Buyer with free shipping, the Buyer agrees to also pay the Seller the costs of the cheapest method of delivery of the goods that the Seller offers for the given method of sending the goods.

9.6 The Seller will notify the Buyer of a failed attempt to deliver the goods by e-mail, which the Buyer indicated in the order or has registered in the customer account, and will provide the Buyer with a reasonable period of time to express whether he is interested in re-sending the goods.

9.7 If the buyer requests resending of the goods within the additional period pursuant to paragraph 9.6, the goods will be resent after payment of the transport and storage costs pursuant to paragraph 9.5.

9.8 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. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note or actually accepting the shipment, the buyer confirms that the packaging of the shipment containing the goods was intact. The buyer is also obliged to physically check all delivered goods and, if there are any signs of damage, immediately contact the seller. Later complaints will not be taken into account.

10. LIABILITY FOR DEFECTS UPON ACCEPTANCE AND QUALITY GUARANTEE

10.1 The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by generally binding legal regulations (in particular, Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code and, in the case of a consumer, also Sections 2161 to 2174 of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended).

10.2 The provisions set out below in this article shall not apply to a buyer who is an entrepreneur or if the purchase concerns the buyer's business activity, unless otherwise provided for in the Civil Code. These provisions shall apply exclusively to consumers.

10.3 The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer received the goods:

10.3.1 the goods have the properties that the seller explicitly stated on the web interface of the online store (usually in the description of the goods) and that are stated in the purchase contract or in the order, and if no agreement is made, such properties that the seller or manufacturer of the goods described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

10.3.2 the goods are suitable for the purpose for which the seller states its use on the web interface of the store (usually in the description of the goods) or for which a thing of this type is usually used,

10.3.3 the goods are of the appropriate quantity, measure or weight and

10.3.4 the goods comply with the requirements of legal regulations.

10.4 The buyer is entitled to exercise the right to a defect that the goods had upon receipt, if it becomes apparent within 24 months of receipt.

10.5 If this is not unreasonable given the nature of the defect, the buyer may request the delivery of new goods without defects, but if the defect concerns only a part of the goods, the buyer may only request the replacement of the part; if such a procedure is not possible, the buyer may withdraw from the purchase contract. However, if the defect in the goods is such that the replacement with new goods would be disproportionate given the nature of the defect (especially if the defect can be removed without undue delay), the buyer is only entitled to have the defect removed free of charge.

10.6 The buyer has the right to have new goods delivered or a replacement part replaced even in the event of a removable defect, if the buyer cannot use the goods properly due to the repeated occurrence of the defect after repair (third complaint for the same defect) or due to a larger number of defects (at least 3 defects simultaneously, each of which prevents the proper use of the goods, or 4 different removable defects). In such a case, the buyer also has the right to withdraw from the purchase contract.

10.7 If the Buyer does not withdraw from the purchase contract or does not exercise the right to delivery of new goods without defects or to exchange a part of the goods or to repair the goods free of charge (see paragraph 10.6), he may demand a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller does not remedy the defect within a reasonable time or if remedying the defect would cause the Buyer considerable difficulties.

10.8 If the defect is a material breach of the purchase contract, the buyer may demand:

10.8.1 removal of the defect by delivery of a new piece of goods without the defect or by delivery of the missing goods;

10.8.2 free removal of the defect in the goods by repair;

10.8.3 a reasonable discount on the purchase price of the defective goods; or

10.8.4 withdrawal from the purchase contract (and refund of the purchase price).

A material breach is a breach of the purchase contract of which the seller already knew or should have known at the time of concluding the purchase contract, and the buyer would not have concluded the purchase contract if he had foreseen this breach.

10.9 In the case of a defect that constitutes a minor breach of the purchase contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price. Alternatively to the first sentence, the buyer may remove the defect himself, in which case the seller will issue him a 10% discount voucher valid for one subsequent purchase; however, this procedure cannot be applied to defects that cannot be applied in a standard manner. If the buyer chooses to remove the defects himself, he shall inform the seller and provide appropriate evidence of the occurrence of the defect and its removal, e.g. photographs of the goods, etc. However, by doing so, the buyer loses the rights from defective performance and the warranty.

10.10 The buyer does not have rights from defective performance (or the goods are not defective) in the following cases:

10.10.1 If the goods were sold as defective at a lower price and this defect was stated in the specification of the specific goods or a lower price was agreed for this defect. The same applies to used goods to the extent corresponding to the degree of previous use or wear and tear of the goods that the goods had when taken over by the buyer.

10.10.2 If there has been a change in the properties of the goods, which is caused by wear and tear of the goods caused by normal use, improper use of the goods, including failure to comply with the instructions for use and maintenance, insufficient or inappropriate maintenance of the goods (e.g. incorrect washing, ironing, use of incorrect detergent, etc.), natural change in the materials from which the goods are made, damage by the buyer, a third party or damage caused by force majeure and in other cases stipulated by the Civil Code.

10.10.3 In the event that the buyer knew about the defect before taking over the goods (e.g. if it was explicitly and clearly stated in the description of the goods in the purchase contract).

11. CLAIMING

11.1 The Buyer shall exercise rights arising from defective performance (hereinafter also referred to as " complaint ") with the Seller, unless otherwise specified, without undue delay after the defect has become apparent. Further use of the goods may cause the defect to worsen and the subsequent depreciation of the goods or the impossibility of assessing the cause of the defect.

11.2 To file a complaint, the buyer can use the seller's sample form.

11.3 As part of the complaint, the buyer must provide his contact details and a description of the defect. When reporting the defect, or without undue delay after reporting the defect, the buyer is obliged to indicate the method in which he wants to settle the complaint (i.e. how he requests the defect to be removed). Changing the choice of method of settling the complaint without the seller's consent is possible only if the buyer requested the repair of a defect that turns out to be irremovable.

11.4 If the buyer does not exercise his right to a material breach of the purchase contract in time, he has the same rights as in the case of a non-material breach of the purchase contract (see paragraph 10.9).

11.5 The buyer is obliged to prove the purchase of the goods to the seller (preferably with a proof of purchase). The period for settling the complaint runs from the moment of filing (notification) of the complaint. The buyer shall hand over or deliver the goods to the seller or to the place designated for repair at the same time as or subsequently to filing the complaint. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete. Any costs for returning the goods, as well as the risk of damage to the goods until they are delivered to the seller, are borne by the buyer, regardless of the method of settling the complaint.

11.6 The seller is obliged to issue a written confirmation to the buyer, who is a consumer, stating when the complaint was filed, what the complaint contains and what method of handling the complaint the buyer requests.

11.7 The Seller shall also issue a confirmation of 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 obligation also applies to other persons designated to carry out the repair.

11.8 The seller or an employee authorized by him shall decide on the complaint of the buyer, who is a consumer, immediately, in complex cases within 5 working days. This period does not include the time appropriate to the type of goods for a professional assessment of the defect.

11.9 The seller or an employee authorized by the seller will decide on the complaint of a buyer who is not a consumer without undue delay, unless otherwise agreed with the buyer.

11.10 A complaint from a consumer buyer, including the removal of a defect, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer buyer agree on a longer period. The futile expiration of this period is considered a material breach of the purchase contract (see paragraph 10.8).

11.11 A complaint from a buyer who is not a consumer, including the removal of a defect, will be handled within the period agreed between the seller and the buyer.

11.12 The warranty period is extended by the period from the filing of the complaint until its settlement or until the time when the buyer was obliged to collect the item.

11.13 The Buyer is obliged to collect the claimed goods no later than 15 days after the expiry of the period in which the claim should have been settled, or within 15 days after the notification of its settlement, unless the Seller and the Buyer agree otherwise. If the Buyer does not collect the claimed goods within the specified period, the Seller agrees that the Seller has the right to demand from the Buyer a storage fee in the amount according to paragraph 9.3, starting from the first day when the period for collecting the claimed goods has expired.

11.14 If the buyer does not collect the claimed goods even after 120 days have passed since the seller notified him of the settlement of the claim, the buyer agrees that the seller is entitled to sell the unclaimed goods, which he will notify the buyer of in the notification of the settlement of the claim, or at any later time; Section 2428 of the Civil Code shall apply to this sale. If the claimed goods are unsaleable or significantly damaged, the seller is entitled to destroy or throw away these goods after the 120-day period has expired in vain.

12. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

12.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods or by taking delivery of the goods, whichever occurs first.

12.2 The Buyer acknowledges that the software and other components forming the web interface of the online store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the online store without authorization.

12.3 When using the web interface of the online store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the online store. The web interface of the online store may only be used to the extent that it does not prejudice the rights of other customers of the Seller and is in accordance with its purpose.

12.4 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.

12.5 The Buyer acknowledges that the Seller is not liable for errors arising as a result of third party interference and/or force majeure with the website or web interface of the online store or as a result of their use contrary to their intended purpose.

12.6 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the purchase contract is withdrawn, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

12.7 Information about goods and prices provided by the seller in the web interface of the online store is binding, except for obvious errors.

12.8 The Buyer is not entitled to assign any claim against the Seller to a third party without the Seller's prior written consent.

13. PROTECTION OF PERSONAL DATA

13.1 The Seller fulfills its information obligation towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), related to the processing of the Buyer's personal data, through the Personal Data Processing Policy, available here.

15. DISPUTE RESOLUTION

15.1 Mutual disputes between the seller and the buyer are resolved by general courts.

15.2 The buyer, who is a consumer, has the right to out-of-court settlement of a consumer dispute arising from a purchase contract under the Consumer Protection Act. The entity authorized to carry out out-of-court settlement of a dispute is the Czech Trade Inspection Authority. More information is available on the website www.coi.cz.

15.3 Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The request may be submitted no later than 1 year from the date on which the consumer first exercised his right, which is the subject of the dispute, with the seller.

15.4 The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available on the website www.ec.europa.eu/consumers/odr/ .

16. FINAL PROVISIONS

16.1 The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

16.2 The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising from purchase contracts concluded during the period of validity of the previous version of the Terms and Conditions.

16.3 If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

16.4 The Buyer has the option to notify the Seller of any complaints in writing or electronically via e-mail to the Seller's e-mail address (see Article 1). However, the Buyer reserves the right not to respond to complaints from third parties who have not concluded a purchase contract with the Seller.

16.5 If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall be in writing.

16.6 These terms and conditions come into force and effect on 1.1. 2025.