Terms and Conditions

Business Terms and Conditions

Business entity: Petr Kostovský - Woodchink Registered address: Batňovice 270, 54232 Batňovice, CZ Identification number: 43467245 Registered in the commercial register kept by the O.Ž.R. in Trutnov under ref. no.: 12136/2008 For the sale of goods through the online store located at the web address http://eshop.woodchink.eu/

INTRODUCTORY PROVISIONS 1.1. These business terms and conditions (hereinafter referred to as "Terms and Conditions") of the business entity Petr Kostovský, with registered address at Batňovice 270, 54232 Batňovice, identification number: 43467245, registered in the commercial register kept by the O.Ž.R. in Trutnov under ref. no.: 12136/2008 (hereinafter referred to as the "Seller"), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on a website located at the internet address http://eshop.woodchink.eu/ (hereinafter referred to as the "Website") through its web interface (hereinafter referred to as the "Web Interface of the Store").
1.2. The Terms and Conditions do not apply to cases when a person who intends to purchase goods from the Seller is a legal entity or a person ordering goods within the scope of their business activities or in the course of their independent occupation.

1.3. Any provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5. The wording of the Terms and Conditions may be altered or supplemented by the Seller. This provision does not affect the rights and obligations that arise during the effectiveness of the previous wording of the Terms and Conditions.

2 USER ACCOUNT

2.1. Based on the registration carried out by the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also place orders for goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is required to provide all information correctly and truthfully. The information provided in the user account must be updated by the buyer in case of any changes. The information provided by the buyer in their user account and when ordering goods is considered accurate by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their user account.

2.4. The buyer is not authorized to allow the use of their user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use their user account for an extended period or if the buyer violates their obligations from the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially in consideration of the necessary maintenance of the seller's hardware and software equipment or necessary maintenance of third-party hardware and software.

3 CONCLUSION OF PURCHASE AGREEMENT

3.1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obligated to conclude a purchase agreement for this merchandise. Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual items and the costs for the return of goods, if, by its nature, the goods cannot be returned by regular mail. The prices of the goods include value-added tax and all related fees. The prices of the goods remain in effect for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods as listed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer will fill out an order form in the web interface of the store. The order form includes, in particular, information about:

3.4.1. the ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price for the goods, information about the desired method of delivering the ordered goods, and

3.4.3. information about the costs associated with delivering the goods (hereinafter referred to as the "order").

3.5. Prior to sending the order to the seller, the buyer will be allowed to check and change the information they have entered in the order, even with regard to the buyer's ability to detect and correct errors in the data entered in the order. The order will be sent by the buyer to the seller by clicking on the " " button. The information provided in the order is considered accurate by the seller. The seller will confirm receipt of the order to the buyer immediately after receiving the order, to the buyer's email address provided in their user account or in the order (hereinafter referred to as the "buyer's email address").

3.6. The seller is always entitled to request the buyer to confirm the order in relation to the nature of the order (quantity of goods, purchase price, estimated shipping costs). Confirmation of the order by the buyer in this manner is required for the conclusion of the purchase agreement.

3.7. The contractual relationship between the seller and the buyer is established upon the acceptance of the order (acceptance), which is sent by the seller to the buyer by email, to the buyer's email address.

3.8. The buyer agrees to the use of remote communication tools when concluding the purchase agreement. The costs incurred by the buyer when using remote communication tools in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer, and these costs are not different from the basic rate.

4.PRODUCT PRICE AND PAYMENT TERMS

4.1. The buyer can pay the price of the goods and any associated costs for the delivery of the goods under the purchase agreement to the seller by the following means:

in cash at the seller's premises at the address: Batňovice 270, 54232, CZ in cash on delivery to the location designated by the buyer in the order; by bank transfer to the seller's account number 740616003/5500, held at the bank (hereinafter the "seller's account"); via an online payment system; by credit card.
4.2. In addition to the purchase price, the buyer is required to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.

4.3. The seller does not require any deposit or similar payment from the buyer. This does not affect the provision in article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase agreement.

4.5. When making a non-cash payment, the buyer must pay the purchase price of the goods with the specified payment reference. In the case of non-cash payment, the buyer's obligation to pay the purchase price is considered fulfilled when the corresponding amount is credited to the seller's account.

4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (article 3.6), to request payment of the entire purchase price before sending the goods to the buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in business practice or is required by generally binding legal regulations, the seller shall issue a tax document – an invoice – regarding payments made based on the purchase agreement to the buyer. The seller is a value-added tax payer. The tax document – invoice will be issued by the seller to the buyer after the purchase price has been paid and sent in electronic form to the buyer's email address.

5 WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, according to Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase agreement for the delivery of goods that have been adapted to the buyer's requirements, or for their person, a purchase agreement for the delivery of goods that are subject to rapid deterioration, or goods that have been mixed irreversibly with other goods after delivery, a purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the package and which cannot be returned for hygienic reasons, and a purchase agreement for the delivery of audio or video recordings or computer software if the consumer has broken their original packaging.
5.2. Unless it concerns a case mentioned in article 5.1 of the terms and conditions, or another case where withdrawal from the purchase agreement is not possible, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receiving the goods, with the period running from the date of receipt of the last delivery of goods in the case of a purchase agreement for several types of goods or the delivery of several parts. Withdrawal from the purchase agreement must be sent to the seller within the time frame specified in the preceding sentence. The buyer may use the model withdrawal form provided by the seller, which is attached to the terms and conditions. The buyer may send the withdrawal from the purchase agreement to the seller's store address or the seller's email address.

5.3. If the buyer withdraws from the purchase agreement in accordance with article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the date of withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the seller, even in cases where the goods cannot be returned by regular mail due to its nature.

5.4. In the event of withdrawal from the purchase agreement in accordance with Article 5.2 of the terms and conditions, the seller shall refund the money received from the buyer within fourteen (14) days from the withdrawal of the purchase agreement by the buyer. The refund shall be made using the same method of payment that the seller received from the buyer. The seller is also entitled to refund the performance provided by the buyer at the time of returning the goods to the buyer or by another means, provided that the buyer agrees and it does not incur any additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds to the buyer until the buyer returns the goods or proves that the goods were sent back to the seller.

5.5. The seller is entitled to unilaterally set off any claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer, in accordance with the provisions of Section 1829(1) of the Civil Code, has the right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, until the goods are taken over by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by non-cash transfer to an account designated by the buyer.

5.7. If a gift is provided to the buyer along with the goods, a gift agreement is concluded between the seller and the buyer with a condition subsequent that if the buyer withdraws from the purchase agreement, the gift agreement concerning such a gift becomes ineffective, and the buyer is obligated to return the provided gift to the seller along with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the method of transport is agreed upon based on the buyer's specific request, the buyer shall bear the risk and any additional costs associated with this method of transportation.

6.2. If, according to the purchase agreement, the seller is obligated to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer shall be responsible for covering the costs associated with the repeated delivery of the goods or the costs related to an alternative method of delivery.

6.4. When taking over the goods from the carrier, the buyer is obliged to inspect the integrity of the packaging and, in the event of any defects, to immediately notify the carrier. In the case of finding damage to the packaging indicating unauthorized intrusion into the shipment, the buyer is not required to accept the shipment from the carrier. This provision does not affect the buyer's rights arising from product warranty or other statutory rights.

6.5. Further rights and obligations of the parties in connection with the transport of goods may be governed by special delivery conditions issued by the seller if such conditions are provided.

7.RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. Rights and obligations of the contractual parties regarding rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer that the goods are free of defects upon acceptance. In particular, the Seller is liable to the Buyer that at the time when the Buyer takes over the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, the goods have properties that the Seller or the manufacturer has described or that the Buyer expected with regard to the nature of the goods and based on the advertising they conduct,

7.2.2. the goods are fit for the purpose for which the Seller states they are intended or for which goods of this kind are normally used,

7.2.3. the goods correspond to the agreed quality or design as determined by the agreed sample or template if the quality or design was determined based on the agreed sample or template,

7.2.4. the goods are in the appropriate quantity, measure, or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. If a defect appears within six months of acceptance, it shall be deemed that the goods were already defective at the time of acceptance.

7.4. The Seller's obligations arising from defective performance shall be at least to the extent that the manufacturer's obligations arising from defective performance apply. The Buyer is otherwise entitled to exercise the rights from a defect that occurs in consumer goods within twenty-four months of acceptance. If the product sold is marked, labeled, or advertised as being suitable for a certain period of use, the provisions of warranty for quality shall apply. Warranty for quality is the Seller's commitment that the goods will be suitable for normal use for a certain period or that it will retain its usual properties. If the Buyer justifiably points out a defect in the goods to the Seller, the period for asserting the rights arising from defective performance or the warranty period does not run for the time when the Buyer cannot use the defective goods.

7.5. The provisions set forth in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by its usual use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the Buyer, or if it arises from the nature of the goods. The right arising from defective performance does not belong to the Buyer if the Buyer knew before accepting the goods that the goods were defective, or if the Buyer caused the defect.

7.6. Rights arising from liability for defects in goods shall be exercised against the Seller. However, if the confirmation issued by the Seller regarding the scope of the rights arising from liability for defects (in accordance with Section 2166 of the Civil Code) designates another person for repair who is closer to the place of the Seller or to the place of the Buyer, the Buyer shall exercise the right to repair by the person designated to perform the repair. Except in cases where another person is designated by the previous sentence, the Seller is obliged to accept the complaint at any branch where the complaint can be accepted based on the range of products sold or services provided, or at the Seller's registered office or place of business. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised the right, the content of the complaint, and the method of handling the complaint, as well as a confirmation of the date and method of handling the complaint, including the repair duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller to perform the repair.

7.7. The Buyer shall notify the Seller of which right they have chosen when reporting a defect, or without undue delay after reporting the defect. The Buyer may not change their choice without the consent of the Seller; this does not apply if the Buyer requested a repair of a defect that turned out to be unrepairable.

7.8. If the goods do not have the qualities stipulated in Article 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods free of defects, provided that it is not disproportionate due to the nature of the defect. However, if the defect concerns only a part of the goods, the Buyer may only request the exchange of the part; if this is not possible, the Buyer may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the Buyer is entitled to free defect rectification. The Buyer has the right to demand new goods, exchange of a part, or repair of the goods even in the case of a removable defect, if the Buyer cannot use the goods properly due to the recurrence of the defect after the repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to deliver new goods free of defects, the exchange of a part, or repair of the goods, the Buyer may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods free of defects, exchange a part, or repair the goods, as well as if the Seller does not arrange for defect rectification in a reasonable period or if defect rectification by the Buyer would cause significant difficulties.

7.9. If the goods do not possess the qualities specified in Article 7.2 of these Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, provided that this is not unreasonable due to the nature of the defect. However, if the defect concerns only a part of the goods, the Buyer may only request the exchange of that part; if that is not possible, the Buyer may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, particularly if the defect can be rectified without undue delay, the Buyer has the right to free defect rectification. The Buyer also has the right to demand the delivery of new goods or the exchange of a part in the case of a remediable defect if the goods cannot be used properly due to the recurrence of the defect after repair or if there is a greater number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, the exchange of a part, or the repair of the goods, the Buyer may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, exchange a part, or repair the goods, and also in cases where the Seller fails to arrange for defect rectification within a reasonable period or where the rectification would cause the Buyer significant inconvenience.

7.10. Anyone who has the right under Section 1923 of the Civil Code is entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the right to reimbursement is not asserted within one month after the deadline for asserting the defect, the court will not grant the right to reimbursement if the Seller objects that the right to reimbursement was not asserted in a timely manner.

7.11. Additional rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 (1)(e) of the Civil Code.

8.3. The handling of consumer complaints is provided by the Seller through the email address . The Seller will send information about the handling of the Buyer's complaint to the Buyer's email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes from the sales contract. The online platform for dispute resolution, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the Seller and the Buyer arising from the sales contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according 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 (Online Dispute Resolution Regulation).

8.6. The Seller is authorized to sell goods based on a trade license. The trade control is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority, among other responsibilities, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. By this, the Buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. DATA PROTECTION
9.1. In compliance with the information obligation to the Buyer according to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter "GDPR"), related to the processing of the Buyer's personal data for the purposes of fulfilling the sales contract, for the purposes of negotiations regarding the sales contract, and for the purposes of fulfilling the public law obligations of the Seller, the Seller complies through a special document.

10.SENDING COMMERCIAL COMMUNICATIONS AND COOKIE USAGE
10.1. In accordance with the provisions of § 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Some Laws (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications from the Seller at the Buyer's email address or phone number. The Seller fulfills its information obligation towards the Buyer regarding the processing of the Buyer's personal data for the purposes of sending commercial communications through a special document, in line with Article 13 of the GDPR.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the sales contract without the need for storing so-called cookies on the Buyer's computer, the Buyer may revoke their consent as stated in the previous sentence at any time.

11.DELIVERY

 11.1. Delivery to the Buyer may be made to the Buyer's email address.

12.

FINAL PROVISIONS 12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law according to the previous sentence is not depriving the Buyer, who is a consumer, of the protection provided to them by provisions of the legal order that cannot be contractually derogated from and that would be otherwise applicable in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, the meaning of the invalid provision shall be approximated as closely as possible by a provision that is valid. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

12.4. An appendix to the terms and conditions is a sample form for withdrawal from the purchase agreement.

12.5. Seller's contact information: delivery address , email address , phone .

In Batňovice, on August 1, 2023.