Podmínky služby

TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) of Jakub Páleník, with its registered office at Prostějov, Francouzská 4105/1, 796 01, Company ID No. (IČO) 19234597, registered in the Trade Register under file No. Č.j. PVMU 66149/2023 30, maintained by the Municipal Authority of the City of Prostějov, e-mail: tolvos.info@gmail.com, business address: Prostějov, Francouzská 4105/1, 796 01 (“we”, “us”, or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “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 agreement (the “Agreement”) concluded through the online store available on the website www.tolvos.com.

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here: https://tolvos.com/policies/privacy-policy.

These Terms form an integral part of the Agreement. The Agreement and these Terms are drawn up in the Czech language. We are entitled to amend or supplement these Terms unilaterally. Such amendments shall not affect any rights and obligations arising during the validity of the previous version of the Terms.

As you are aware, we primarily communicate remotely. Therefore, our Agreement is also concluded by means of distance communication, allowing us to reach an agreement without the simultaneous physical presence of both you and us, and the Agreement is thus concluded remotely within the environment of the online store via the web interface (the “Online Store Web Interface”).

If any provision of these Terms conflicts with what we have expressly agreed with you during the ordering process in our online store, such specific agreement shall prevail over these Terms.

1. DEFINITIONS

Price means the amount of money you pay for the Goods.

Shipping Costs means the amount of money you pay for delivery of the Goods, including packaging costs.

Total Price means the sum of the Price and the Shipping Costs.

VAT means value added tax under the applicable legal regulations.

Invoice means the tax document issued in accordance with the Value Added Tax Act in respect of the Total Price.

Order means your binding proposal to conclude a purchase agreement with us for the Goods.

User Account means an account created on the basis of the data you provide, enabling the storage of the entered data and the history of ordered Goods and concluded Agreements.

You means the person purchasing in our online store, legally referred to as the buyer.

Goods means everything that can be purchased in the online store.

2. GENERAL PROVISIONS AND INFORMATION

The purchase of Goods is only possible through the Online Store Web Interface.

When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We shall therefore consider the information you provide in the Order to be correct and truthful.

In our online store, we also provide access to product reviews submitted by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders; in our internal system, we can see the corresponding order ID for each review and are therefore able to verify and demonstrate that the review comes from a real consumer.

3. CONCLUSION OF THE AGREEMENT

An Agreement with us may only be concluded in the Czech language.

The Agreement is concluded remotely through the online store, and you bear the costs of using remote means of communication. However, these costs do not differ from your standard rate (in particular, internet access costs). Beyond the Total Price, no additional charges are imposed on you by us. By submitting the Order, you agree to the use of distance communication means.

To conclude the Agreement, you must create an Order in the online store. The Order must contain the following information:

  • information about the Goods being ordered (you add the Goods to the cart in the online store by clicking “Add to Cart”);

  • information about the Price, Shipping Costs, method of payment of the Total Price, and the desired method of delivery; this information is selected during the creation of the Order within the user interface of the online store, while the Price, Shipping Costs, and Total Price are displayed automatically based on the Goods, delivery method, and payment method you choose;

  • your identification and contact details for delivery of the Goods, in particular your first name, last name, delivery address, telephone number, and e-mail address.

During the creation of the Order, you may check and modify the entered data until the Order is completed. After reviewing the data, you complete the Order by clicking the button “Order with obligation to pay”. Before clicking the button, however, you must confirm that you have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for this confirmation. By clicking the “Order with obligation to pay” button, all completed information is sent directly to us.

We will confirm receipt of your Order as soon as possible after it is delivered to us by means of an e-mail sent to the e-mail address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail. The version of the Terms effective on the date of the Order forms an integral part of the Agreement. The Agreement is concluded upon confirmation of the Order by us.

In some cases, we may not be able to confirm your Order, especially if the Goods are unavailable or if you order a quantity exceeding the permitted limit. We will always inform you in advance in the online store of the maximum permitted quantity. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form. In such case, the Agreement is concluded when you confirm our offer.

If an obviously incorrect Price is displayed in the online store or in the Order, we are not obliged to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Agreement has therefore been formally concluded. In such a case, we will contact you without undue delay and send you an offer to conclude a new Agreement in an amended form. The new Agreement is concluded when you confirm our offer. An obvious error in the Price includes, for example, a situation where the Price clearly does not correspond to the usual market price of the Goods or where a digit is missing or superfluous.

By concluding the Agreement, you undertake to pay the Total Price.

If you have created a User Account, you may place an Order through it. Even in such a case, you are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating the Order is identical; the advantage is that you do not need to enter your identification data repeatedly.

In certain cases, we may allow you to use a discount when purchasing Goods. To apply a discount, you must enter the relevant discount details into the designated field during the Order process. If you do so, the Goods will be provided with the applicable discount.

4. USER ACCOUNT

Based on your registration in the online store, you may access your User Account.

When registering for a User Account, you are obliged to provide all entered information correctly and truthfully and to update it in the event of any change.

Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access credentials and not to provide them to any third party. We are not liable for any misuse of the User Account caused by your failure to comply with this obligation.

The User Account is personal, and you are not entitled to allow third parties to use it.

We may delete your User Account, especially if you do not use it for more than 1 year or if you breach your obligations under the Agreement.

The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always stated in the online store, in the draft Order, and in the Agreement. In the event of any discrepancy between the Price stated for the Goods in the online store and the Price stated in the draft Order, the Price stated in the draft Order shall apply; this Price will always be identical to the Price in the Agreement. The draft Order also states the Shipping Costs or the conditions under which shipping is free of charge.

The Total Price is stated including VAT and all fees required by law.

Payment of the Total Price is required after conclusion of the Agreement and before handover of the Goods. You may pay the Total Price in the following ways:

Online card payment. Payment is made via the payment service providers Shop Pay, Apple Pay, Google Pay, and PayPal; the terms and conditions of these providers shall apply, available at: [TO BE COMPLETED]. In the case of online card payment, the Total Price is payable by: [TO BE COMPLETED].

Cash payment upon personal collection. Cash payment is possible if the Goods are collected in person at our business premises. In such case, the Total Price is payable upon handover of the Goods.

The Invoice will be issued in electronic form after the Total Price has been paid and will be sent to your e-mail address and made available in your User Account.

Title to the Goods passes to you only after the Total Price has been paid in full and the Goods have been taken over by you. In the case of payment by bank transfer, the Total Price is deemed paid when credited to our account; in other cases, at the time the payment is made.

6. DELIVERY OF THE GOODS, TRANSFER OF RISK

The Goods will be delivered to you no later than within 20 business days by the method you select, namely:

  • personal collection at our business premises according to the list of locations;

  • delivery through the carriers Česká pošta, PPL CZ, DHL, and Zásilkovna.

Delivery is only possible within the Czech Republic and the Slovak Republic.

The delivery time depends on the availability of the Goods and the selected delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. The delivery time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection, we will always inform you of the possibility to collect the Goods by e-mail.

Upon receiving the Goods from the carrier, you are obliged to inspect the integrity of the packaging and, in the event of any defects, notify the carrier and us without undue delay. If the packaging shows signs of damage suggesting unauthorized tampering with the shipment, you are not obliged to accept the Goods.

If you breach your obligation to accept the Goods, except in cases under Section 6.4, this shall not constitute a breach of our obligation to deliver the Goods. At the same time, your failure to accept the Goods shall not constitute withdrawal from the Agreement. However, in such a case we are entitled to withdraw from the Agreement due to your material breach of the Agreement, or to store the Goods, in which case we are entitled to reasonable storage costs equal to the price of the Goods. If we withdraw from the Agreement, the withdrawal becomes effective on the date on which it is delivered to you. Withdrawal from the Agreement does not affect our right to reimbursement of Shipping Costs or to compensation for damage, if any.

If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than agreed, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send the payment details for these costs to the e-mail address specified in the Agreement, and such costs are payable within 14 days from delivery of the e-mail.

The risk of accidental loss, damage, or deterioration of the Goods passes to you when you take over the Goods. If you fail to take over the Goods, except in cases under Section 6.4, the risk passes to you at the moment when you had the opportunity to take over the Goods but did not do so for reasons on your side. From that moment, you bear all consequences of loss, destruction, damage, or any other depreciation of the Goods.

If the Goods were not marked as “in stock” in the online store and an estimated availability date was stated, we will always inform you in the event of:

  • an extraordinary outage in production, together with a new expected availability date or information that delivery will not be possible;

  • delays in delivery from our supplier, together with a new expected delivery date.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (COMPLAINTS)

We warrant that the Goods are free from defects at the time the risk passes to you under Section 6.7, and in particular that the Goods:

  • correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed characteristics;

  • are fit for the purpose for which you require them and with which we have agreed;

  • are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;

  • are fit for the purpose for which goods of that kind are normally used;

  • in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same kind that you may reasonably expect, including in light of public statements made by us or other persons in the same contractual chain, especially in advertising or labeling;

  • are delivered with accessories, including packaging, assembly instructions, and other instructions for use, that you may reasonably expect; and

  • correspond in quality or workmanship to any sample or model made available to you before conclusion of the Agreement.

The rights and obligations relating to defective performance are governed by the applicable generally binding legal regulations.

If the Goods have a defect, in particular if any of the conditions under Section 7.1 is not met, you may notify us of such defect and exercise your rights arising from defective performance (make a complaint) by sending an e-mail or letter to our addresses listed in the identification details above. For making a complaint, you may also use the sample complaint form provided by us, attached as Appendix No. 1 to these Terms. When exercising your rights arising from defective performance, you must choose how you wish the defect to be remedied, and you may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right you have chosen.

In the event of a defect, you are entitled to the following rights:

  • to have the defect remedied by delivery of new Goods free from defects, or by delivery of the missing part of the Goods; or

  • to have the defect remedied by repair of the Goods,

unless the chosen method is impossible or disproportionately expensive compared to the alternative; this shall be assessed in particular with regard to the significance of the defect, the value the Goods would have had without the defect, and whether the defect can be remedied by the alternative method without substantial inconvenience to you.

We are entitled to refuse to remedy the defect if such remedy is impossible or disproportionately expensive, especially having regard to the significance of the defect and the value the Goods would have had without the defect.

You are further entitled to:

  • a reasonable discount from the Price; or

  • withdrawal from the Agreement,

if:

  • we refuse to remedy the defect or fail to remedy it in accordance with the applicable legal regulations;

  • the defect occurs repeatedly;

  • the defect constitutes a material breach of the Agreement; or

  • it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

You are not entitled to withdraw from the Agreement if the defect is insignificant.

You are not entitled to rights arising from defective performance if you caused the defect yourself.

A defect does not include wear and tear caused by normal use, and in the case of used Goods, wear and tear corresponding to the degree of prior use.

When you submit a complaint, we will issue you a written confirmation stating:

  • the date on which the complaint was submitted;

  • the content of the complaint;

  • the method of handling the complaint requested by you; and

  • your contact details for the purpose of informing you about the handling of the complaint.

Unless a longer period is agreed, we will remedy the defects and inform you of the outcome of the complaint within 30 days from the date the complaint is received. After the expiry of this period without resolution, you may withdraw from the Agreement or request a reasonable discount.

We will inform you of the resolution of the complaint by e-mail and issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs, which you must document (for example, receipts for shipping costs). If the defect is remedied by delivery of new Goods, you are obliged to return the original Goods to us, and the costs of such return will be borne by us.

If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.

If you are a consumer, you have the right to exercise rights arising from defective performance in respect of defects in consumer goods within 24 months from the date of receipt of the Goods.

8. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement, i.e. termination of the contractual relationship between you and us from the beginning, may occur for the reasons and in the manner set out in this Article, or in any other provisions of these Terms where withdrawal is expressly stated.

If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you are entitled, pursuant to Section 1829 of the Civil Code, to withdraw from the Agreement without giving any reason within 14 days from the date of receipt of the Goods. If the subject of the Agreement is the delivery of several items or several parts of one delivery, this period begins on the date of receipt of the last item or part. If the subject of the Agreement is regular repeated delivery of Goods, the period begins on the date of receipt of the first delivery.

You may withdraw from the Agreement in any demonstrable manner, in particular by sending an e-mail or letter to our addresses listed in the identification details above. You may also use the sample withdrawal form provided by us, attached as Appendix No. 2 to these Terms.

Even as a consumer, you may not withdraw from the Agreement in cases specified in Section 1837 of the Civil Code.

The withdrawal period shall be deemed observed if you send us the notice of withdrawal within that period.

If you withdraw from the Agreement under Section 8.2, you are obliged to send the Goods back to us within 14 days from the withdrawal, and you bear the direct costs of returning the Goods. You are entitled to reimbursement of the delivery costs only up to the amount corresponding to the cheapest delivery method offered by us. If the withdrawal occurs due to our breach of the Agreement, we shall also bear the return shipping costs, but again only up to the amount corresponding to the cheapest delivery method offered by us.

In the event of withdrawal from the Agreement, we will refund the Price to you within 14 days from the effective date of withdrawal, to the account from which the payment was received, or to another account specified by you. However, the refund will not be made before we receive the Goods back or before you provide proof that the Goods have been sent back to us. Please return the Goods clean and, if possible, including the original packaging.

You are liable for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, as would be possible in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off our claim for compensation for the reduction in value of the Goods against your claim for a refund of the Price.

We are entitled to withdraw from the Agreement at any time before the Goods are delivered if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period stated in Section 6.1. We may also withdraw from the Agreement if it is apparent that you have intentionally provided false information in the Order. If you purchase Goods as an entrepreneur within the scope of your business activity, we are entitled to withdraw from the Agreement at any time, even without giving any reason.

9. CONSUMER DISPUTE RESOLUTION

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

We handle consumer complaints via the e-mail address cavly.info@gmail.com. Information on the handling of a complaint will be sent to the buyer’s e-mail address.

The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID No. 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Agreement.

The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the buyer arising from an electronically concluded purchase agreement.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.

10. FINAL PROVISIONS

If our legal relationship with you contains an international element, for example if we ship Goods outside the territory of the Czech Republic, the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under mandatory consumer protection laws remain unaffected.

All written correspondence between us and you shall be delivered by electronic mail. Our e-mail address is stated in our identification details above. We will send correspondence to the e-mail address stated in the Agreement, in your User Account, or in the communication through which you contacted us.

The Agreement may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms; such amendment shall not affect Agreements already concluded, but only Agreements concluded after the effective date of the amendment. We will inform you of the amendment only if you have a User Account or if we deliver Goods to you repeatedly under an Agreement. We will send information about the amendment to your e-mail address at least 14 days before the amendment becomes effective. If we do not receive notice of termination of the Agreement for regular repeated deliveries from you within 14 days of sending the information, the new Terms become part of the Agreement and apply to the next delivery following the effective date of the amendment. In such a case, the notice period is 2 months.

In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we shall not be liable for any damage caused as a result of or in connection with force majeure. If the force majeure situation lasts for more than 10 days, both you and we are entitled to withdraw from the Agreement.

Appendices to these Terms include a sample complaint form and a sample withdrawal form.

The Agreement, including these Terms, is archived by us in electronic form, but is not directly accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail, and you will therefore have access to the Agreement without our further assistance. We recommend saving the Order confirmation and these Terms.

These Terms shall enter into force on 22 February 2024.