Terms and Conditions
These General Terms and Conditions (“Terms”) of Daniel Kryl, with registered office at Nerudova 791, Chodov 35735, Company ID 87018331, registered in the Trade Register under file no. 340906 kept by the Municipal Authority of Sokolov, e-mail info@bohemiaporcelan.cz, phone number +420 724 900 663 (“We” or “Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), the mutual rights and obligations of You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase contract (“Contract”) concluded through the E-shop on the website www.bohemiaporcelan.cz.
All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here: www.bohemiaporcelan.cz/podminky-ochrany-osobnich-udaju/.
The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language (for international customers, the respective language version is considered a translation). We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms.
As you know, we communicate primarily remotely. Therefore, it also applies to our Contract that means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, specifically through the website interface (“E-shop web interface”).
If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase on Our E-shop, this specific agreement shall take precedence over the Terms.
I. SOME DEFINITIONS
1. Price is the financial amount you will pay for the Goods;
2. Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
3. Total Price is the sum of the Price and the Shipping Cost;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
7. User Account is an account established based on the data provided by You, which allows the storage of entered data and the preservation of the history of ordered Goods and concluded Contracts;
8. You are the person shopping on Our E-shop, legally referred to as the buyer;
9. Goods are everything you can buy on the E-shop.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. The purchase of Goods is possible only through the E-shop web interface.
2. When purchasing Goods, it is your duty to provide Us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods as correct and truthful.
III. CONCLUSION OF CONTRACT
1. The Contract with Us can be concluded in the English language (as a translation of the Czech original).
2. The Contract is concluded remotely via the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use remote communication means.
3. In order for us to conclude the Contract, you need to create an Order draft on the E-shop. This draft must include the following information:
a) Information about the purchased Goods (on the E-shop, you mark the Goods you are interested in purchasing with the "Add to cart" button);
b) Information about the Price, Shipping Cost, payment method for the Total Price, and the desired delivery method of the Goods; this information will be entered as part of the Order draft creation within the E-shop user interface, while information about the Price, Shipping Cost, and Total Price will be provided automatically based on your selected Goods and their delivery method;
c) Your identification and contact details used to allow us to deliver the Goods, especially name, surname, delivery address, phone number, and e-mail address;
d) In the case of a Contract under which we will deliver Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
4. During the creation of the Order draft, you can change and check the data until its creation. After checking, you create the Order by pressing the "Order with obligation to pay" button. However, before pressing the button, you must confirm your familiarity with and agreement to these Terms, otherwise, it will not be possible to create the Order. A checkbox serves for confirmation and consent. After pressing the "Order with obligation to pay" button, all filled information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract is concluded between Us and You. The Terms in the wording effective on the day of the Order form an integral part of the Contract.
6. There may also be cases where we will not be able to confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of Goods than is allowed on our part. However, we will always provide you with information about the maximum number of Goods in the E-shop in advance, so it should not be surprising to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded at the moment you confirm Our offer.
7. In the event that a clearly erroneous Price is stated within the E-shop or in the Order draft, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation, and thus the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. The new Contract is concluded in such a case at the moment you confirm Our offer. If you do not confirm Our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Contract. A clear error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or extra.
8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in such a case, however, you have the obligation to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating an Order is, however, identical to that of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
10. In some cases, we allow the use of a discount for the purchase of Goods. To provide a discount, you need to fill in the data about this discount into the predetermined field within the Order draft. If you do so, the Goods will be provided to you with a discount.
IV. USER ACCOUNT
1. Based on your registration within the E-shop, you can access your User Account.
2. When registering a User Account, it is your duty to state all entered data correctly and truthfully and to update them in case of change.
3. Access to the User Account is secured by a username and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide these data to anyone. In the event that they are misused, we bear no responsibility for this.
4. The User Account is personal, and you are therefore not entitled to allow third parties to use it.
5. We may cancel your User Account, especially if you do not use it for more than 2 years, or if you violate your obligations under the Contract.
6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
V. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE
1. The Price is always stated within the E-shop, in the Order draft, and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order draft, the Price stated in the Order draft applies, which will always be identical to the price in the Contract. Within the Order draft, the Shipping Cost is also stated, or conditions when shipping is free.
2. The Total Price is stated including VAT and all fees established by law.
3. We will require payment of the Total Price from you after the conclusion of the Contract and before the handover of the Goods. You can pay the Total Price in the following ways:
a) By bank transfer. We will send you information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 14 days.
b) By card online. In this case, the payment takes place via the Shoptet Pay payment gateway, and the payment is governed by the conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. In the case of online card payment, the Total Price is payable within 5 days.
c) Cash on delivery. In this case, payment will be made upon delivery of the Goods against the handover of the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.
d) Cash on personal pickup. Goods can be paid for in cash upon receipt at Our establishment. In the case of payment in cash on personal pickup, the Total Price is payable upon receipt of the Goods.
4. An invoice will be issued in electronic form after the Total Price has been paid and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
5. Ownership of the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting to Our account, in other cases, it is paid at the moment of making the payment.
VI. DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THINGS
1. The Goods will be delivered to you in the manner of your choice, whereby you can choose from the following options:
a) Personal pickup at Our establishment listed in the list of establishments;
b) Personal pickup at delivery points of Balíkovna, GLS boxes, and Parcel Shops;
c) Delivery via transport companies Czech Post, GLS, DHL;
2. Goods can be delivered within the Czech Republic and selected EU countries (as offered in the cart).
3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.
4. After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately. In the event that there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not your duty to take over the Goods from the carrier.
5. In the event that you breach your obligation to take over the Goods, with the exception of cases under Art. VI.4. of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, We have the right to withdraw from the Contract due to your substantial breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Cost, or possibly the claim for damages, if any arose.
6. If, for reasons on your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, it is your duty to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address listed in the Contract, and they are payable 14 days after the delivery of the e-mail.
7. The risk of damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, with the exception of cases under Art. VI.4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part, the takeover did not take place. The passing of the risk of damage to the Goods means for you that from this moment you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
8. In the event that the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in the case of:
a) an extraordinary outage in the production of the Goods, whereby we will always tell you the new expected availability time or information that it will not be possible to deliver the Goods;
b) a delay in the delivery of the Goods from Our supplier, whereby we will always tell you the new expected delivery time.
9. In the event that we are unable to deliver the Goods to you even within 30 days of the expiration of the delivery time of the Goods stated in the Order confirmation, for any reason, We and You are entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time of the passing of the risk of damage to the Goods according to Art. VI.7 of the Terms, the Goods are free of defects, especially that:
a) they have the properties that we agreed with you, and if they were not explicitly agreed, then those that we stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
b) they are suitable for the purposes we have stated or for purposes that are usual for Goods of this type;
c) they correspond to the quality or design of the agreed sample, if the quality or design was determined according to a sample;
d) they are in the corresponding quantity and weight;
e) they meet the requirements placed on them by legal regulations;
f) they are not encumbered by the rights of third parties.
2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. In the event that the Goods have a defect, i.e. especially if one of the conditions under Art. VII.1 is not met, you can notify Us of such a defect and exercise rights from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. For a complaint, you can also use the sample form provided by Us, which forms Annex No. 1 to the Terms. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, with the exception of cases under Art. 7.4, without Our consent. We will settle the complaint in accordance with the right from defective performance you have exercised. In the event that you do not choose a solution to the defect, you have the rights stated in Art. 7.5 even in situations where the defective performance was a substantial breach of the Contract.
4. If the defective performance is a substantial breach of the Contract, you have the following rights:
a) to the removal of the defect by delivery of new Goods without a defect, or by delivery of the missing part of the Goods;
b) to the removal of the defect by repairing the Goods;
c) to a reasonable discount from the Price;
d) to withdrawal from the Contract.
In the event that you choose a solution according to points a) or b) and We do not remove the defect in this way within a reasonable period that we have stated, or we tell you that we will not remove the defect in this way at all, you have rights according to points c) and d), even if you did not originally request them within the complaint. At the same time, if you choose the removal of the defect by repairing the Goods and We find that the defect is irreparable, we will notify you and you can choose another method of removing the defect.
5. If the defective performance is a non-substantial breach of the Contract, you have the following rights:
a) to the removal of the defect by delivery of new Goods without a defect, or by delivery of the missing part of the Goods;
b) to the removal of the defect by repairing the Goods;
c) to a reasonable discount from the Price.
However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw if you cannot properly use the Goods due to the repeated occurrence of defects after the repair of the Goods or due to a larger number of defects in the Goods.
6. In the case of both substantial and non-substantial breach, you cannot withdraw from the Contract, nor demand the delivery of a new item, if you cannot return the Goods in the state in which you received them. However, this does not apply in the following cases:
a) if the state of the Goods has changed as a result of an inspection to determine the defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in an unchanged state was not caused by your action or your omission,
d) if the Goods were sold, consumed, or altered by you during normal use before the defect was discovered; however, if this happened only partially, it is your duty to return the part of the Goods that can be returned, and in such a case, the part of the Price corresponding to your benefit from the use of part of the Goods will not be returned to you.
7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it, and the estimated duration of the complaint processing. We will settle the complaint without undue delay, but no later than within 30 days of its receipt. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Contract.
8. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. by receipts or confirmations of the price for transport. In the event that the defect has been removed by the delivery of new Goods, it is your duty to return the original Goods to Us, but the costs of this return are borne by Us.
9. In the event that you are an entrepreneur, it is your duty to notify and criticize the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.
10. In the event that you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the takeover of the Goods.
11. The provisions regarding the right from defects do not apply in the case of:
a) Goods sold at a lower Price, for the defect for which the lower Price was agreed;
b) wear and tear of the Goods caused by their normal use;
c) used Goods for a defect corresponding to the degree of use or wear that the Goods had when you took them over;
d) where it follows from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in ways stated in this article, or possibly in other provisions of the Terms in which the possibility of withdrawal is explicitly stated.
2. In the event that you are a consumer, i.e. a person purchasing Goods outside the scope of their business activity, you have the right to withdraw from the Contract without giving a reason within a period of 14 days from the date of delivery of the Goods, in accordance with the provisions of Section 1829 of the Civil Code. In the event that we have concluded a Contract whose subject is several types of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery. You can withdraw from the Contract in any demonstrable way (especially by sending an e-mail or letter to Our addresses listed in Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Annex No. 2 to the Terms.
3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations of the financial market independently of Our will and which may occur during the withdrawal period;
b) the delivery of alcoholic beverages, which can be delivered only after thirty days and whose Price depends on fluctuations of the financial market independent of Our will;
c) Goods that have been modified according to your wish or for your person;
d) Goods that are perishable and Goods that have been irretrievably mixed with other goods after delivery;
e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygienic reasons;
f) the delivery of audio or video recordings or computer programs if the original packaging has been breached;
g) the delivery of newspapers, periodicals, or magazines;
h) the delivery of digital content if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have told you that you do not have the right to withdraw from the Contract.
4. The withdrawal period according to Art. VIII.2 of the Terms is considered preserved if you send Us a notice during its course that you withdraw from the Contract.
5. In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected upon withdrawal from the Contract. However, the amount will not be returned sooner than you return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
6. In the event of withdrawal from the Contract according to Art. VIII.2 of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. You are, on the other hand, entitled to have Us return the Shipping Cost to you, but only in the amount corresponding to the cheapest offered method of delivery of Goods that we offered for the delivery of Goods. In the case of withdrawal due to the fact that We breach the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Cost in the amount corresponding to the cheapest offered method of delivery of Goods that we offered when delivering the Goods.
7. You are liable to Us for damage in cases where the Goods are damaged as a result of your handling of them differently than is necessary to handle them with regard to their nature and properties. We will bill you for the damage caused in such a case after the Goods are returned to Us, and the maturity of the billed amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable from the title of costs against your receivable for the return of the Price.
8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiration of the period stated in Art. VI.9. of the Terms. We can also withdraw from the Contract if it is obvious that you have deliberately stated incorrect information in the Order. In the event that you purchase goods within the scope of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
IX. DISPUTE RESOLUTION WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers in the sense of the provision of Section 1826 (1) (e) of the Civil Code.
2. We handle consumer complaints via the electronic address info@bohemiaporcelan.cz. We will send information about the handling of the complaint to the buyer's electronic address.
3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer who is a consumer from a purchase contract concluded by electronic means.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
X. FINAL PROVISIONS
1. If Our and Your legal relationship contains an international element (i.e., for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this agreement.
2. We will deliver all written correspondence to you by electronic mail. Our e-mail address is listed in Our identification data. We will deliver correspondence to your e-mail address listed in the Contract, in the User Account, or through which you contacted us.
3. The Contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods, however, the change does not give rise to the right of termination, as we do not have a Contract concluded that could be terminated), or we are to deliver Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your e-mail address at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you give notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, We and You have the right to withdraw from the Contract.
5. An annex to the Terms is a sample form for complaints and a sample form for withdrawal from the Contract.
6. The Contract, including the Terms, is archived in electronic form by Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore always have access to the Contract even without Our cooperation. We recommend always saving the Order confirmation and Terms.
7. These Terms take effect on July 25, 2024.
ANNEX NO. 1 - COMPLAINT FORM
Addressee:
Making a Complaint
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Date of Contract conclusion: |
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Name and surname: |
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Address: |
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E-mail address: |
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Goods being complained about: |
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Description of defects: |
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Proposed method of complaint settlement, or bank account number for discount provision: |
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At the same time, I request the issuance of a confirmation of making the complaint stating when I exercised this right, what is the content of the complaint together with my claim, including the date and method of complaint settlement.
Date:
Signature:
ANNEX NO. 2 - WITHDRAWAL FORM
Addressee:
I hereby declare that I withdraw from the Contract:
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Date of Contract conclusion: |
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Name and surname: |
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Address: |
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E-mail address: |
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Specification of Goods to which the Contract relates: |
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Method for returning received funds, or bank account number: |
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If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop of Daniel Kryl or another means of distance communication, except for cases listed in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving a reason and without any penalty. The buyer notifies the Company of this withdrawal in writing to the address of the Company's establishment or electronically to the e-mail stated on the sample form.
If the buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than 14 days after withdrawal from the purchase contract, the goods they received from it.
If the buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, no later than 14 days after withdrawal from the purchase contract, all funds (purchase price of the delivered goods) including delivery costs, which it received from them on the basis of the purchase contract, in the same way. If the buyer chose a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall return to the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the Company.
Date: 20.12.2025
Signature: Daniel Kryl
