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GENERAL TERMS AND CONDITIONS

for the sale and rental of goods through an online store operated on domains
darekkpromoci.cz, napromoci.cz and dareksnapadem.cz

and the operation of informative or marketing websites operated on the subdomains of the above mentioned domains and domain promocnicepice.cz including subdomains.

Content

1. FUNDAMENTAL PROVISIONS
2. THE CONCLUSION OF THE CONTRACT
3. PRICE AND PAYMENT TERMS
4. WITHDRAWAL FROM THE CONTRACT, CANCELLATION FEE
5. SHIPPING AND DELIVERY OF GOODS
6. SPECIFIC ARRANGEMENTS - THE PURCHASE CONTRACT
7. SPECIFIC ARRANGEMENTS - THE RENTAL CONTRACT
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9. PRIVACY AND SENDING OF COMMERCIAL COMMUNICATION AND COOKIE STORAGE
10. USER REVIEWS
11. CORRESPONDENCE DELIVERY
12. OUT OF JUDICIAL RESOLUTION OF DISPUTES
13. FINAL PROVISIONS
14. CONTACT INFORMATION
15. DOCUMENTS TO DOWNLOAD

1. FUNDAMENTAL PROVISIONS

1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") of the entrepreneur

NINA SVITLÍKOVÁ, residence Křivoklátská 885, 199 00 Prague 18, Identification Number (ID): 74207229, Tax Identification Number (VAT ID): CZ8751033434, registered in the Trade Licensing Register (in Czech "Živnostenský úřad"), SZ OZI 3848/2017/ZO-REG-03 (hereinafter referred to as "the seller" or "the lessor" or "the merchant")

govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and any other natural or legal person (hereinafter referred to as "the buyer") or a rental contract (hereinafter referred to as "rental contract") concluded between the lessor and any other natural or legal person (hereinafter referred to as "the lessee") through the merchant's online stores, which are operated on the domains darekkpromoci.cz, napromoci.cz and dareksnapadem.cz (hereinafter referred to as "the e-shop").

1.2. The buyer and the lessee are hereinafter collectively referred to as "the customer".

1.3. The customer who is a natural person and does not act as part of his business activity or as part of the independent performance of his profession, hereinafter referred to as "the consumer".

1.4. Purchase contract and rental contract are hereinafter collectively referred to as "the contract".

1.5. Terms and conditions also govern the rights and obligations of the parties in using the merchant's websites operated on domains (and their subdomains) darekkpromoci.cz, napromoci.cz, dareksnapadem.cz and promocnicepice.cz (hereinafter referred to as "website") and other related legal relations.

1.6. Provisions derogating from the terms and conditions can be agreed upon in the contract. Different arrangements in the contract have priority over the provisions of terms and conditions.

1.7. Provisions of the terms and conditions are an integral part of the contract. The terms and conditions are written in Czech and English language. The contract can be concluded only in Czech, English or Slovak language or in their combination.

1.8. The merchant may modify or supplement the terms and conditions. This provision does not affect the rights and obligations arisen during the effective period of the previous version of terms and conditions.

2. THE CONCLUSION OF THE CONTRACT

2.1. The e-shop provides a list of goods offered by the merchant for sale or rent including prices. The prices of the offered goods inclusive all related charges and VAT. The merchant is registered to value added tax. For better orientation of corporate customers, the price without VAT is also displayed in the case of some domains. In such a case, both prices are displayed with sufficient graphic differentiation so that it is clear whether it is a price with VAT or without VAT.

2.2. The offer of goods and the prices of goods remain in force as long as they are displayed on the e-shop as available to order. This provision does not affect the merchant´s right to conclude the contract for individually negotiated terms. All offers displayed on the e-shop are not binding and the merchant is not obliged to enter into the contract with the customer.

2.3. The e-shop also contains information about shipping and payment options, including the prices of the offered options.

2.4. To order goods, the customer inserts selected products in the e-shop digital cart and fills in all the required information in the order process until it is sent via the "Order with obligation to pay" button, or directly contacts the merchant via e-mail or other means of communication. In such a case, the merchant fills in the information required in the order process of e-shop digital cart on behalf of the customer and is entitled to request written confirmation from the customer via e-mail that he understands the order and agrees with its content.

In the order process of e-shop digital cart, the merchant provides, and the customer enters the information necessary for its processing, in particular information about

2.4.1. the ordered goods, including information on the quantity, unit prices and the total price for the goods,

2.4.2. the method of payment for the ordered goods,

2.4.3. the method of delivery for the ordered goods,

2.4.4. the price for the selected method of payment and delivery of the goods,

2.4.5. the customer,

2.4.6. the merchant,

2.4.7. provided discounts or price surcharges (for example for minimum order quantity) if there is a legitimate reason for their application,

2.4.8. the amount of the refundable security deposit if it is required by the merchant for ordered goods,

2.4.9. breakdown and total amount of VAT and

2.4.10. total price to be paid (hereinafter collectively referred to as "the order").

2.5. Before sending the order to the merchant the customer is allowed to check and modify the data filled in the order, with regard to the option of the customer to detect and correct errors during data entry to order. The data filled in the order are believed by merchant to be correct. After receiving the order, the merchant will confirm this reception to the customer by e-mail without undue delay, to the e-mail address specified by the customer in the order (hereinafter referred to as customer's e-mail").

2.6. In the case of doubts about the correctness of the data entered in the order, the merchant is entitled to ask the customer for additional information, or to confirm the order by e-mail, or by other means of communication.

2.7. The contractual relationship between the merchant and the customer is established at the moment of delivery of confirmation of acceptance of the order by the merchant (hereinafter referred to as "order confirmation") to the customer's e-mail.

2.8. The customer acknowledges that the merchant is not obliged to enter into a contract, in particular, but not exclusively, with persons who

2.8.1. have previously materially breached their obligations to the merchant or if the merchant finds out that

2.8.2. there is not a sufficient quantity of ordered goods or material for the production of these goods in stock, or

2.8.3. if there are other obstacles that prevent the merchant from processing the order properly and on time.

2.9. The customer agrees to use of distance communication in the conclusion of the contract. Costs incurred by the customer when using distance communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls, etc.) are covered by the customer himself.

3. PRICE AND PAYMENT TERMS

3.1. Together with the price of the ordered goods, the customer is also obliged to pay to the merchant other fees, taxes and surcharges agreed in the contract, in particular, but not exclusively

3.1.1. the price for shipping the goods to the customer,

3.1.2. the fee for the selected payment method, if such a fee exists for the contracted payment method,

3.1.3. refundable security deposit for the rental subject, if it was agreed in the contract and

3.1.4. VAT (hereinafter collectively referred to as "total amount to be paid").

3.2. Unless otherwise agreed in the contract, the costs associated with returning rented goods to the lessor are not included in the transport price and are fully paid by the lessee.

3.3. The customer is obliged to pay the total amount to be paid in the manner agreed in the contract. Changing the payment method is possible only with the consent of the merchant.

3.4. The total amount to be paid can be paid in EUR or CZK according to the customer's choice. However, the payment must always respect the currency that was agreed in the contract, and in which the total amount to be paid is calculated in the contract (hereinafter referred to as "contract currency"). Payment in a currency different from contract currency, is possible only with the consent of the merchant. The price conversion rate from CZK to EUR and vice versa is set by the merchant in the e-shop, and the customer has the option to view prices and conclude a contract in each of these currencies.

3.5. In the case of cash on delivery payment, the total amount is due upon receipt of the goods. In the case of other payment methods, the total amount to be paid is due within 14 days from the conclusion of the contract.

3.6. In the case of non-cash payment by transfer to the merchant's bank account, the customer is obliged to pay the total amount to be paid together with the indication of the variable payment symbol. The merchant will communicate the variable symbol, bank account number and other payment instructions to the customer without undue delay after confirmation of the order by the merchant to the customer's e-mail.

3.7. In the case of non-cash payment to the merchant's bank or non-bank account (hereinafter referred to as "merchant's account"), the customer's obligation to pay the total amount to be paid is fulfilled when the payment is in the correct amount and currency credited to the merchant's account.

3.8. The merchant is entitled to demand payment of the total amount to be paid before sending the goods to the customer. The customer acknowledges that, in the case of payment methods other than cash on delivery, the merchant will only send the goods to the customer after the customer has fulfilled his obligation to pay the total amount to be paid. The customer acknowledges that this provision applies even if a rent start date is expressly agreed with the lessee in the contract, which cannot be met by the merchant (without extra costs for express delivery) due to the fact that the customer has not fulfilled his obligation to pay the total amount to be paid properly and on time, i.e. with sufficient time before the start date of the rent.

3.9. The merchant issues a tax document to the customer regarding payments made under the contract and sends it in digital form to the customer's e-mail or in paper form together with the goods.

4. WITHDRAWAL FROM THE CONTRACT, CANCELLATION FEE

4.1. The contract can be withdrawn by

4.1.1. the consumer, if a purchase contract is concluded, without giving a reason within 14 days from the date of

  • receipt of the goods, or
  • receipt of the last piece of goods, if the consumer orders several pieces of goods in one order, which are delivered separately, or
  • receipt of the last item or part of a delivery of goods consisting of several items or parts, or
  • receipt of the first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period.

4.1.2. consumer, if the rental contract is concluded, without giving a reason within 14 days from the date of conclusion of the contract.

4.1.3. the lessee, who is not a consumer, without giving a reason until the beginning of the rental period that was agreed in the contract,

4.1.4. the merchant without giving a reason until the customer takes over the goods due to

  • insufficient stock of goods or material for the production of goods,
  • due to interruption, cancellation or delay in the delivery of goods by the merchant's supplier,
  • technical defect on the website or other equipment of the merchant,
  • health condition of the merchant,

in the event that these reasons prevent the merchant from fulfilling the obligations arising from the contract properly and on time.

4.1.5. the merchant within 14 days from the date of conclusion of the contract in the event of an obvious error in the price of the goods,

4.1.6. the lessor in the event of a material breach of the contractual terms by the lessee, especially, but not exclusively, if the lessee

  • did not pay the rent properly and on time,
  • did not pay the refundable security deposit properly and on time,
  • subrented the rental subject to a third party without the lessor's consent,
  • made any changes and adjustments to the rental subject without the lessor's consent.

4.1.7. based on the merchant's voluntary decision, also buyers (including those who are not consumers) within 30 days from the day of receipt of the goods in the case of

  • purchase contract and
  • products which, at the time of the conclusion of the purchase contract, are marked on the product page in the e-shop in which the order was made, with the logo of the "30-day money-back guarantee" event.

These provisions on the voluntary extension of the period for withdrawing from the purchase contract do not apply to products that are modified according to the individual wishes of the buyer. Modification according to the individual wishes of the buyer does not mean modification in the sense of choosing from predefined colours, themes or other standard product variants offered in the e-shop.

4.2. For the purposes of exercising the right to withdraw from the contract by the merchant, the merchant must inform the customer of his decision by cancelling the order and informing him about this order cancellation via the customer's e-mail or by letting him know in another way that he is withdrawing from the contract.

4.3. For the purpose of exercising the right to withdraw from the contract by the customer, the customer must inform the merchant of his decision in the form of an unambiguous statement. An unambiguous statement must be

4.3.1. sent to any e-mail address of the merchant listed in the contact information section of these terms and conditions (preferred method by the merchant) or

4.3.2. communicated to the merchant by any other written means of communication.

4.4. The buyer can use the withdrawal form for the purpose of exercising the right to withdraw from the contract, but it is not his obligation to do so. The form is available for download in the e-shop under the section with documents to download of these terms and conditions.

4.5. In particular, the unambiguous statement should contain

  • expression of the customer's clear decision regarding withdrawal from the contract,
  • date of receipt of goods,
  • first and last name of the customer,
  • the customer's address specified in the order,
  • order number a
  • the customer's signature (if the withdrawal is sent in paper form).

4.6. In order to comply with the deadline for withdrawing from the contract, it is sufficient to send the statement about the exercise of the right to withdraw from the contract before the expiry of the relevant deadline.

4.7. The customer can not withdraw from

4.7.1. the purchase contract for the delivery of goods that have been modified according to the individual wishes of the buyer. Modification according to the individual wishes of the buyer does not mean modification in the sense of choosing from predefined colours, themes or other standard product variants offered in the e-shop.

4.7.2. rental contracts or other contracts for the provision of services, if the fulfilment by the merchant was fulfilled with the prior express consent of the customer before the expiration of the period for withdrawing from the contract. If the service is provided on the date proposed by the customer, which precedes the deadline for the expiry of the period for withdrawal from the contract, it is considered that this is a manifestation of express consent by the customer.

4.8. Consequences of withdrawal from the contract

4.8.1. If the customer withdraws from the contract, the merchant will return without undue delay, but no later than 14 days from the day on which he was informed of the customer's decision to withdraw from the contract, all payments that the merchant received from the customer.

4.8.2. If the merchant withdraws from the contract, the merchant will return all payments received by the merchant from the customer without undue delay, but no later than within 14 days from the day on which he informed the customer of the decision to withdraw from the contract.

4.8.3. To return payments, the merchant will use the same payment method that the customer chose to make the payment. This provision does not apply if

  • the payment was made by the customer by cash on delivery, or
  • the same payment method cannot be used for the refund for technical reasons, or
  • if a refund to the customer's bank account is feasible and is a less expensive payment method for the merchant.

In such a case, the merchant is entitled to request the customer's payment details for payment by bank transfer and return all payments to the customer's bank account.

In no case will the customer incur additional costs as a result of the merchant returning payments to the customer.

4.8.4. In case of withdrawal from the purchase contract:

4.8.4.1. The seller may wait until the returned goods are received or until the buyer proves that he sent the goods back, whichever comes first, to refund the payment.

4.8.4.2. The buyer sends the goods without undue delay, but no later than 14 days from the day on which

  • he notifies the seller that he withdraws from the purchase contract, or
  • when he received a notice from the seller, that he withdraws from the purchase contract,

to the seller's correspondence address specified in the contact information section of these terms and conditions (hereinafter referred to as "correspondence address"). The deadline is considered to have been met if the buyer sends the goods before the expiry of the 14-day period.

4.8.4.3. The buyer bears the direct costs associated with returning the goods.

4.8.4.4. The buyer is responsible for the reduction of the value of the returned goods only as a result of handling these goods in a way other than that which is necessary to get acquainted with the nature and properties of the goods, including their functionality.

4.8.5. In the case of a withdrawal from the rental contract:

4.8.5.1. If the rental contract is terminated by the lessee's withdrawal from the contract, or by the lessee's termination of the contract before the beginning of the agreed rental beginning of rental date, or the lessee did not take over the goods, the lessor is entitled to a cancellation fee due to the reservation of goods by the customer for a pre-agreed date (hereinafter referred to as "cancellation fee”).

4.8.5.2. The amount of the cancellation fee is calculated according to the number of days that have passed between the day the lessor received the lessee's notification of the right to withdraw from the contract and the beginning date of the rental period, which was agreed in the contract:

  • 30 days or more - 0% of the total price to be paid without the value of the refundable security deposit and shipping
  • 15 to 29 days - 25% of the total price to be paid without the value of the refundable security deposit and shipping
  • 8 to 14 days - 50 % of the total price to be paid without the value of the refundable security deposit and shipping
  • 1 to 7 days - 90 % of the total price to be paid without the value of the refundable security deposit and shipping

4.8.5.3. The lessor has the right to decide that the right to cancellation fee will not be applied to the customer and the cancellation fee will not be charged to the customer.

4.8.5.4. The lessor is entitled to unilaterally offset the receivable from the cancellation fee against the obligation to the lessee, including the obligation from the return of the refundable security deposit.

5. SHIPPING AND DELIVERY OF GOODS

5.1. The merchant determines the shipping methods of the goods that the customer can choose from. In the event that the shipping method of is contracted on the basis of the customer's request beyond the possibilities offered by the merchant on the e-shop, the risk and any additional costs associated with this shipping method shall be borne by the customer.

5.2. Personal return of the rental subject to the lessor's correspondence address (without the use of a carrier) is only possible with the lessor's prior consent.

5.3. If, according to the contract, the merchant is obliged to deliver the goods to the place specified by the customer in the order, the customer is obliged to take over the goods upon delivery. If the customer does not take over the goods upon delivery, the merchant is entitled to withdraw from the contract.

5.4. If, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the customer is obliged to pay the merchant the costs associated with repeated delivery of the goods, or costs associated with another delivery method. This provision refers, among other things, to repeated transport costs incurred as a result of the customer not picking up the goods within the time limit and at the place according to the conditions of the agreed carrier.

5.5. When taking over the goods from the carrier the customer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the customer does not have to accept the shipment from the carrier. By signing the carrier's delivery note, the customer confirms that the packaging of the shipment containing the goods was intact.

5.6. An incomplete or damaged shipment must be reported immediately to any e-mail address of the merchant listed in the contact information section of these terms and conditions, a damage report must be drawn up with the carrier and sent without undue delay by e-mail or via carrier to the merchant at his correspondence address. Any subsequent claims of incompleteness or external damage to the shipment do not mean that the customer lost his right to make a claim, but it gives to the merchant the opportunity to prove that there is no conflict with the contract.

6. SPECIFIC ARRANGEMENTS - THE PURCHASE CONTRACT

6.1. Seller's liability for defects

6.1.1. General seller's liability for defects

6.1.1.1 The rights and obligations of the contracting parties regarding the seller's liability for defects are governed by the relevant generally binding regulations (in particular the provisions of §1914 et seq., §2095 et seq., § 2161 et seq. of the Civil Code).

6.1.1.2. The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item, the item of purchase is in the agreed quantity, quality and design. If the quality and design are not agreed upon, the seller performs in the quality and design suitable for the purpose evident from the contract. If the purpose is not apparent from the contract, then for the usual purpose.

6.1.1.3. When determining the quality or design according to the contracted sample or model, the quality or design of the item must correspond to the sample or model. If the quality or design specified in the contract and the sample or design differ, the contract shall decide. If the contract and the sample determine the quality or execution of the item differently, but not in contradiction, the item must correspond to the contract and the sample or model.

6.1.1.4. If possible, the buyer inspects the item as soon as possible after receiving the goods and makes sure of its properties and quantity.

6.1.1.5. The buyer has no rights from defective performance, if it is a defect that he had to have known with the usual attention when concluding the purchase contract. This does not apply if the seller has expressly assured him that the item is free of defects or has slyly hidden the defect.

6.1.1.6. Upon delivery of a new item, the buyer returns the originally delivered item to the seller at his expense.

6.1.1.7. The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. This doesn't apply,

  • if the condition has changed as a result of an inspection for the purpose of detecting a defect in the item,
  • if the buyer used the item before the defect was discovered,
  • if the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or
  • if the buyer sold the item before the defect was discovered, if he used it, or if he changed the item during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives the seller compensation up to the amount in which he benefited from the use of the item.

6.1.1.8. If the buyer does not report the defect in time, he loses the right to withdraw from the contract.

6.1.1.9. If the buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after receiving the goods.

6.1.2. Seller's liability for defects if the buyer is a consumer

6.1.2.1. The seller is responsible to the consumer that the item has no defects upon receipt. In particular, the seller responds to the consumer that the item

  • corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
  • is suitable for the purpose for which the consumer requires it and to which the seller has agreed, and
  • is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

6.1.2.2. The seller is responsible to the consumer that the item has no defects upon receipt. In particular, the seller responds to the consumer that the item

  • the item is suitable for the purpose for which the item of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, if there are no technical standards,
  • the quantity, quality and other properties of the item, including durability, functionality, compatibility and safety, correspond to the usual properties of items of the same kind that the consumer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling,
  • the item is supplied with accessories, including packaging, assembly instructions and other instructions for use that the consumer can reasonably expect, and
  • the item corresponds to the quality or design of the sample or template that the seller provided to the consumer before concluding the contract.

6.1.2.3. If a defect becomes apparent within one year from receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the consumer cannot use the item, in the event that he has legitimately complained about the defect.

6.1.2.4. The consumer can complain about a defect that appears on the item within two years from receipt.

6.1.2.5. If the object of the purchase is an item with digital properties and if, according to the contract, the digital content or the digital content service is to be provided continuously for a certain period, the consumer can complain about a defect that occurs or becomes apparent itself within two years of receipt. If it is to be fulfilled for a period longer than two years, the consumer has a right from a defect that occurs or becomes apparent during this time.

6.1.2.6. The court will recognize the right from a defect even if it was not complained without unnecessary delay after the consumer could have discovered it with sufficient care.

6.1.2.7. If the consumer justifiably complains about the defect to the seller, the period of two years during which the consumer has the right to complain about the defect to the seller does not run for the period during which the consumer cannot use the item.

6.1.2.8. The right from defective performance does not belong to the consumer if he himself caused the defect.

6.1.2.9. A defect in an item is not wear and tear of the item caused by its usual use or, in the case of a used item, wear corresponding to the extent of its previous use.

6.1.2.10. If the thing has a defect, the consumer can request its removal. He can request according to his choice

  • delivery of a new item without defects or
  • the repair of the item

unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. This is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the consumer.

6.1.2.11. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.

6.1.2.12. The seller will remove the defect within a reasonable time after it has been complained in such a way that it does not cause significant difficulties for the consumer, taking into account the nature of the item and the purpose for which the consumer purchased the item.

6.1.2.13. To remove the defect, the seller will take over the item at his own expense. If this requires the disassembly of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller will disassembly the defective item and assembly a repaired or new item, or cover the costs associated with it.

6.1.2.14. If the consumer does not take over the item within a reasonable time after the seller has informed him of the possibility of taking over the item after repair, the seller is responsible for the payment for storage. If the parties do not agree on its amount, the usual amount shall be paid for the agreed amount.

6.1.2.15. The consumer may request a reasonable discount or withdraw from the contract if

  • the seller refused to remove the defect, or
  • did not remove the defect within a reasonable time after it was complained in such a way as not to cause significant inconvenience to the consumer, taking into account the nature of the item and the purpose for which the consumer purchased the item, or
  • to eliminate the defect, the seller did not take over the item at his own expense, or
  • if the removal of the defect requires the disassembly of the item and the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller did not disassembly the defective item and assemble the repaired or new item, or did not cover the costs associated with it, or
  • the defect appears repeatedly, or
  • the defect is a material breach of the contract, or
  • it is apparent from the seller's statement or from the circumstances that the defect will not be fixed within a reasonable time or without considerable difficulty for the buyer.

6.1.2.16. The reasonable discount is determined as the difference between the value of the item without a defect and the defective item received by the buyer.

6.1.2.17. As long as the seller does not fulfil his obligations due to defective performance, the consumer does not have to pay the still outstanding purchase price or part of it.

6.1.2.18. The seller is obliged to issue a written confirmation to the consumer when making a claim, in which he states

  • the date when the consumer made the claim,
  • what is its content,
  • what method of complaint resolution the consumer requires and
  • contact details of the consumer for the purpose of providing information on the processing of the complaint.

6.1.2.19. The complaint, including the removal of the defect, must be processed and the consumer must be informed about it no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a physical medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the consumer requested it.

After the deadline has expired, the consumer can withdraw from the contract or request a reasonable discount.

6.1.3. Seller's liability for defects if the buyer is not a consumer

6.1.3.1. Material breach of the contract

6.1.3.1.1. If defective performance is a material breach of the purchase contract, the buyer has the right

  • to fix the defect by delivering a new item without a defect or by supplying the missing item,
  • to fix the defect by repairing the item,
  • to a reasonable discount from the purchase price, or
  • to withdraw from the contract.

6.1.3.1.2. The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller. This does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect or may withdraw from the contract.

6.1.3.1.3. If the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract.

6.1.3.2. Non-material breach of the contract

6.1.3.2.1. If defective performance is a non-material breach of contract, the buyer has the right to

  • to fix the defect, or
  • to a reasonable discount from the purchase price.

6.1.3.2.2. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his choice by repairing the item or delivering a new item.

6.1.3.2.3. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.

6.1.4. Exercising the seller's right of liability for defects

6.1.4.1. The rights of the buyer resulting from the seller's responsibility for defects (with the exception of the right to a reasonable discount) are applied by the buyer to the seller at the seller's correspondence address.

The buyer will send the defective goods to this address by shipping service. The claimed goods should be thoroughly secured so that they are not damaged during transport, the package should be visibly marked with "CLAIM" or a similar expression and contain

  • claimed goods (including complete accessories),
  • a detailed description of the defect and sufficient contact details of the buyer (especially the return address and telephone number).

6.1.4.2. The right to a reasonable discount is claimed by the buyer with a clear written statement sent to the e-mail or correspondence address of the seller. The statement should contain at least information from which it will be possible to be clearly identified

  • the buyer,
  • the subject of complaint,
  • date of receipt of goods,
  • date of application of the right and
  • description of the defect.

6.1.4.3. If the buyer exercised the right from defective performance, the seller would confirm to him in writing when he exercised the right, as well as the execution of the repair and its duration.

7. SPECIFIC ARRANGEMENTS - THE RENTAL CONTRACT

7.1. Refundable security deposit and liability for damage, destruction or loss

7.1.1. The lessee is obliged to treat the rental subject with due care and to use all available care to prevent its damage, destruction or loss.

7.1.2. The lessee is entitled to use the rental subject only for the purposes for which it is intended by the lessor.

7.1.3. The lessee is not authorized to make any changes or adjustments to the rental subject.

7.1.4. The lessee is responsible for damage to the rental subject caused by its damage, destruction or loss. This responsibility lasts for the entire rental period.

7.1.5. Wear and tear caused by normal use is not the subject of liability for damage, destruction and loss.

7.1.6. <The lessor is entitled to demand the payment of a refundable security deposit before sending the rental subject to the lessee.

7.1.7. The amount of the refundable security deposit is determined by the lessor individually especially with regard to the value of the rental subject and the rental period. The refundable security deposit serves as a means of securing the lessor's claim ensuring the return of the rental subject in proper condition to the lessor.

7.1.8. The lessor is entitled to unilaterally offset his obligation to return the refundable security deposit to the lessee against his receivable against the lessee due to

  • total or partial loss of the rental subject,
  • irreparable damage to the rental subject (especially tears, stains that cannot be washed, breakage of the graduation cap cardboard, etc.),
  • destruction of the rental subject,
  • cancellation fee.

7.1.9. The value of damaged, destroyed or lost goods is determined based on the current selling price of the same or similar goods in the e-shop in which the customer made the order. If there is loss, damage or destruction of a separate part of the rental subject, the value is determined according to this price list (hereinafter referred to as "price list of separate parts"):

  • Graduation cap tassel: 150 CZK
  • Graduation cap year charm: 50 CZK
  • Graduation gown stole: 200 CZK

If a separate part of the rental subject is lost, damaged or destroyed and the price list of separate parts does not include this part, it is considered that the entire rental subject has been lost, destroyed or damaged.

7.1.10. The lessor is obliged to check the rental subject immediately after receiving it back from the lessee and inform the lessee about damage, destruction or loss of the rental subject within 14 days at the latest.

7.1.11. The Lessor is obligated immediately (but no later than within 14 days net) after receiving the rental subject back from the lessee, to return a refundable security deposit to the lessee reduced of any claim of liability for damage, destruction and loss.

7.1.12. To return a refundable security deposit, the lessor will use the same payment method that the lessee chose to make the payment of the refundable security deposit. This provision does not apply if

  • the payment was made by the lessee by cash on delivery, or
  • the same payment method cannot be used for the refund for technical reasons, or
  • if a refund to the lessee's bank account is feasible and is a less expensive payment method for the lessor.

In such a case, the lessor is entitled to request the lessee's payment details for payment by bank transfer and return all payments to the lessee's bank account.

7.2. Rental period, rental price and consequences of late return of the rental subject

7.2.1. In the e-shop, the lessor indicates for the goods, which is intended for rent, the maximum number of days for which the goods can be rented at the specified price (hereinafter referred to as the "maximum rental period"). If the lessee decides not to use the entire maximum rental period, he is not entitled to a price reduction.

7.2.2. The rental period is always agreed for a fixed period.

7.2.3. The rental period is agreed individually in the contract between the lessor and the lessee within the scope of the maximum rental period.

7.2.3.1. If the rental period between the lessor and the lessee is not agreed in the contract, it is considered that the rental period was agreed upon for the maximum rental period that was specified for the rental subject on the e-shop at the time the contract was concluded.

7.2.3.2. If the rental period is not agreed between the lessor and the lessee in the contract and if the maximum rental period was not specified for the rental subject on the e-shop at the time the contract was concluded, it is considered that the rental period was agreed upon for a period of 7 days.

7.2.4. The rental period begins when the lessee takes over the rental subject from the lessor or carrier (hereinafter referred to as "beginning of rental") and ends when the lessor takes back the rental subject from the carrier or lessee (hereinafter referred to as "end of rental").

7.2.5. The lessor has the right to demand from the lessee a contractual penalty in the amount of 20% of the rental price for each started day of delay with the return of the rented subject back to the lessor.

7.2.6. The number of days of delay with the return of the rented subject back to the lessor is calculated as the number of days that have passed between the decisive day for returning the rental subject by the lessee to the lessor (hereinafter referred to as the "decisive day for returning the rental subject") and the day when the rental subject was

  • handed over to the carrier by the lessee for the purpose of sending the rental subject to the lessor's correspondence address or another place with which the lessor has expressly agreed, or
  • handed over to the lessor personally by the lessee or on behalf of the lessee.

7.2.7. The decisive day for returning the rental subject is the day when

  • the maximum rental period calculated from the day of beginning of rental has passed, or
  • the rental period agreed in the contract has passed

depending on what happens later.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires the ownership title of the goods by paying the entire purchase price of the goods.

8.2. The lessee is not entitled to subrent the rental subject to third parties without the consent of the lessor.

8.3. The customer acknowledges that the software and other components making up the website (including photos of the offered goods) are protected by copyright law. The customer undertakes not to perform any activity that could enable him or third parties to interfere or use the software or other components of the website without authorization.

8.4. When using the website, the customer is not entitled to use mechanisms, software or other procedures that could have a negative effect on their operation. The website can only be used to the extent that it does not infringe on the rights of other customers of the merchant and that is in accordance with its purpose.

8.5. In relation to the customer, the merchant is not bound by any codes of conduct in the sense of the Civil Code.

8.6. The customer acknowledges that the merchant is not responsible for errors arising as a result of interventions by third parties on the website, or as a result of using the website contrary to their intended purpose.

9. PRIVACY AND SENDING OF COMMERCIAL COMMUNICATION AND COOKIE STORAGE

9.1. The protection of personal data of the customer who is a natural person is provided in particular by Act No. 101/2000 Coll., on the protection of personal data, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR").

9.2. The customer acknowledges that he is obliged to enter his personal data correctly and truthfully when placing an order in the e-shop.

9.3. The customer agrees to send information related to the merchant's goods, services and business and other business communications by the merchant to the customer's e-mail.

9.4. More detailed information regarding personal data and cookies are provided by the merchant in the Privacy Policy, which is published on the merchant's website.

10. USER REVIEWS

10.1. The merchant's website contains website visitor and customer reviews that are obtained by Yotpo, Ltd. company.

10.2. Website contains

  • reviews of website visitors and e-shop customers who evaluate the e-shop or the website as such (hereinafter referred to as "e-shop review") and
  • reviews of website visitors and e-shop customers who evaluate a specific product or service (hereinafter referred to as "product review").

10.3. If a review is listed on a product page, it is a product review for the product on which page the review is located.

10.4. If the review contains the label "Verified customer", it is

  • a product review written by a customer of the merchant who purchased the product or service in this e-shop, or
  • a review of the e-shop, written by a customer of the merchant who made an order in this e-shop in the past.

10.5. A review marked "Verified customer" is a review that was voluntarily filled in by the customer in the questionnaire on the evaluation of the purchased product, which was sent to the customer by e-mail after placing the order. The merchant has no right or possibility to modify the wording of the review.

10.6. If the review contains the "Verified Reviewer" label, it is a review filled in by a website visitor who, after submitting the review, confirmed his/her entered contact information by confirming the link sent to him/her by e-mail or by logging into the social network service provider's account, with which Yotpo, Ltd. cooperates.

10.7. If the review does not contain any of the above-described labels, it is a review posted on the website by a website visitor who has not been verified.

10.8. The merchant does not have the right to modify the wording of reviews, except in cases permitted by law.

11. CORRESPONDENCE DELIVERY

11.1. Unless otherwise agreed, all correspondence related to the contract must be delivered to the other contracting party in writing, at the sender's option, by e-mail, in person or through a transport service operator. Correspondence is delivered to the customer's e-mail.

12. OUT OF JUDICIAL RESOLUTION OF DISPUTES

12.1. In the event that the consumer dispute arises between the merchant and the consumer arising from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for an out of judicial settlement of such a dispute to the designated entity for out of judicial resolution of consumer disputes, which is

Czech Trade Inspectorate Central Inspectorate - ADR department Štěpánská 44 110 00 Prague 1

Email: adr@coi.cz
Website: adr.coi.cz

12.2. The consumer can also use the online dispute resolution platform set up by the European Commission at ec.europa.eu.

13. FINAL PROVISIONS

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

13.2. If the Czech and English versions of the contract do not coincide in terms of their meaning, or the meaning of the English version is unclear due to imperfect translation, the provisions in Czech language are always decisive. If the difference is significant and the customer proves that he was misled due to the linguistic difference so substantially that if he had known about the differences, he would have not entered into the contract, he has the right to cancel the contract. It does not apply if the customer knew or could have known with usually attention about the unclarity already at the moment of conclusion of the contract and without undue delay did not notify the unclarity to the merchant.

13.3. The merchant is entitled to sell the goods and provide services on the basis of a trade license (in Czech "živnostenské oprávnění") and the activity of the merchant is not subject to any other authorization. The trade inspection is carried out by the relevant Trade Licensing Register (in Czech "živnostenský úřad") within its jurisdiction.

13.4. Amendments and supplements of the contract and terms and conditions require written form.

13.5. The contract, including terms and conditions, is archived in digital form by the merchant and is not accessible.

14. CONTACT INFORMATION

Correspondence address: Nina Svitlíková, Křivoklátská 885, Prague 18 - Letňany, 199 00, Czech Republic
E-mail:
DarekKPromoci.cz: info@darekkpromoci.cz
NaPromoci.cz: info@napromoci.cz
DarekSNapadem.cz: info@dareksnapadem.cz
PromocniCepice.cz: info@promocnicepice.cz
Phone: (+420) 723 021 002

15. DOCUMENTS TO DOWNLOAD

15.1. CURRENTLY VALID DOCUMENTS

PublishedDescriptionDownload
1. 1. 2023Withdrawal form - MS Excel Formulář - odstoupení od smlouvy
1. 1. 2023Withdrawal form - PDF Formulář - odstoupení od smlouvy
1. 1. 2023Privacy Policy GDPR - download
1. 1. 2023General terms and conditions - valid from 1 January 2023 Actual T&C - download

15.2. PUBLISHED HISTORICAL VERSIONS OF THE T&C AND GDPR

Valid fromDescriptionDownload

Prague, 1 January 2023

Nina Svitlíková


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