Terms and Conditions

 

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Summary

 

1.1.         The Online Store found at www.hololatex.com is owned by entrepreneur Dominika Bělová with her registered office at Na lučinách 651/12, 4712 Proboštov, registered in the Commercial Register, Co. Reg. No. 03672263, not liable to VAT. You can contact us at our email address store@hololatex.com.

1.2.         By sending your order for physical goods through the Online Store, a purchase agreement is entered into by and between you and us. The same applies when sending an order for physical goods via email to our email address. The order and agreement shall be confirmed via email. All contractual relationships are governed by Czech law.

 

1.3.         Make your payment within 14 days after entering into the agreement unless the selected payment method does not allow this.

 

1.4.        As a consumer, you may withdraw from the agreement at any time within 14 days after the day you receive the goods. Please note that certain agreements cannot be withdrawn from; further information can be found in the full version below. We may withdraw from the agreement at any time until the moment you receive the goods. Should you withdraw, you are to return the goods at your own expenses, including any gifts and/or bonuses provided, within 14 days after the withdrawal. The store shall provide a refund within 14 days after receiving the withdrawal notice, under the condition that the goods have been returned or evidence has been provided that they had been sent.

 

1.5.         Your personal data shall be used for the performance of the purchase agreement, subject to your approval, and within the scope specified by these conditions.

 

1.6.        Our goods are delivered worldwide unless stated otherwise. You become the owner of the goods at the moment you receive them, provided that their price has been fully paid. Should you receive damaged goods as a consumer or a non-entrepreneur legal entity, please inform us immediately. Should you make note of the damage upon delivery, please inform the carrier as well. Should you receive damaged goods as an entrepreneur, seek compensation with the carrier.

 

1.7.         If you are not an entrepreneur, you have the right to make claims for defective goods within 24 months (or longer if specified) after receiving them. If you are an entrepreneur, you have the right to make claims for defects existing at the moment risk has passed to you within 6 months after receiving the goods, or within 24 months in case of hidden defects. Further information on making claims and returning defective goods can be found in the full version below.

 

 

 

Full version

 

1. General Stipulations

 

1.1.         Scope. These Terms and Conditions cover agreements entered into by and between us as a business and you as a customer though our Online Store, as well as your and our rights and obligations following from such agreements. Furthermore, this document contains mandatory stipulations and information regarding your personal data and its processing. The Terms and Conditions come into force and effect on 1 October 2017.

 

1.2.         Terms. This document uses certain terms as defined below.

 

1.2.1.        We shall hereinafter refer to the proprietor Dominika Bělová, with her registered office at Na lučinách 651/12, 4712 Proboštov, registered in the Commercial Register, Co. Reg. No. 03672263, not liable to VAT.

 

1.2.2.       You shall hereinafter refer to the customer, the second party to the agreements apart from us, which may one of the following:

 

1.2.2.1.        consumer, an individual acting in a private capacity when entering into an agreement with us;

 

1.2.2.2.        non-entrepreneur, a legal entity acting in a private capacity when entering into an agreement with us;

 

1.2.2.3.        entrepreneur, an individual or a legal entity acting in relation to their commercial activities when entering into an agreement with us.

 

1.2.3.       Online Store and Website shall hereinafter refer to the online interface found at www.hololatex.com where you can browse and order goods from our portfolio.

 

1.2.4.       Email shall hereinafter refer to electronic communication sent to and from the address store@hololatex.com

 

1.2.5.       Agreements shall hereinafter refer to purchase agreements between you and us.

 

1.2.6.       This document shall hereinafter refer to these Terms and Conditions.

 

1.2.7.       Receive shall hereinafter refer to the act of physically accepting the goods into one's possession.

 

1.3.         The relationship between Agreements and this document. Everything stipulated in this document is an inseparable part of the Agreements. Derogating provisions in an Agreement shall prevail over this document.

 

1.4.        The relationships between Agreements, the Terms and Conditions and law. Any rights and obligations not stipulated in this document or in an Agreement are governed by Czech law, especially the Civil Code (89/2021 Coll.), and the Customer Protection Act (634/1992 Coll.), in compliance with EU law, especially the Consumer Rights Directive (2011/83/EC), and the Electronic Commerce Directive (2000/31/EC). In case of discrepancies between this document or an Agreement, and law, the latter shall prevail unless it is possible to settle the matter by way of derogation.

 

1.5.         Severability of particular stipulations. The force and effect of this document or an Agreement shall not be prejudiced by any part of this document or an Agreement becoming invalid, ineffective or disregarded.

 

1.6.        Cross-border relationships. The relationship between you and us shall always be governed by Czech law even in cases having an international element, and any disputes shall be settled before Czech authorities. The United Nations Convention on Contracts for the International Sale of Goods (i.e. the Vienna Convention) shall not apply.

 

1.7.         Complaints. Complaints and disputes between you and us can be settled:

 

1.7.1.        out of court before the Czech Trade Inspection Authority; (www.coi.cz/en)

 

1.7.2.       via our Online Store;

 

1.7.3.       via email.

1.8.        Supervisory authorities. Our activities are supervised by Czech authorities which may be contacted under conditions stipulated by law, these authorities being especially:

 

1.8.1.        ČOI (Czech Trade Inspection Authority);

 

1.8.2.       commercial licensing offices;

 

1.8.3.       ÚOOÚ (Office for Personal Data Protection).

 

1.9.        Language. This document, the Agreements, the content of the Website and other texts and materials related to it shall be made available in Czech or English. In case of discrepancies between the Czech and English versions, the Czech version shall prevail.

 

 

 

2. Ordering Goods and Entering into Contracts

 

2.1.         Ordering goods. You can order goods from our Online Store by accepting our offer of the goods displayed on the Online Store via:

 

2.1.1.        the Online Store;

 

2.1.2.       email.

 

Accepting our offer with an addendum or derogation is not possible, and shall be regarded as a counteroffer.

 

2.2.        Ordering goods via the Online Store. Ordering goods in the Online Store is achieved by selecting the quantity, quality and variant of an offered item, adding it to a virtual cart, filling in required information, selecting a method for payment and delivery, and confirming your order by clicking on the “I CONFIRM MY ORDER” button, which serves as an act of entering into an Agreement. You shall have the option to check and change you selection and the provided information before confirming your order.

 

2.3.        Ordering goods via email. Ordering goods via email is achieved by sending us and email with the following information:

 

2.3.1.       the selected item(s) including quantity, quality and variant;

 

2.3.2.       selected methods of payment and delivery;

 

2.3.3.       your identification information:

 

2.3.3.1.        first and last name, or the name of your legal entity;

 

2.3.3.2.       address or registered address;

 

2.3.3.3.       delivery address;

 

2.3.3.4.       telephone number;

 

2.3.3.5.       IČO (company register number) if you are not a consumer;

 

2.3.3.6.       DIČ (VAT register number) if you are liable to VAT;

 

2.3.3.7.       body measurements when ordering a piece of clothing;

 

2.3.3.8.       other information required to tailor a faultless piece of clothing.

 

2.4.        Order confirmation. Your order and Agreement shall be confirmed via an email sent to your address which shall include the following:

 

2.4.1.       a confirmation of the Agreement and its content;

 

2.4.2.      our Terms and Conditions including mandatory information.

 

2.5.        In case your order is not complete or correct, we shall ask you to provide the missing information or inform you that the Agreement cannot be entered into.

 

2.6.        Agreement language and archiving. Agreements may be entered into in Czech or English. All Agreements are archived and you may view your past Agreements on the Website.

 

 

 

3. Agreements and their Content

 

3.1.         Amendment and termination. A concluded Agreement cannot be unilaterally amended or terminated, and the parties may do so only after reaching a mutual agreement. Exceptions stipulated by this document and law apply.

 

3.2.        Content of the Agreement. A concluded Agreement obliges us to deliver you ordered physical goods by means agreed upon, and to provide optional services, while it obliges you to receive such goods and pay a total sum consisting of the price of the ordered goods, payment costs, shipping costs and the price of the optional services.

 

3.3.        Intellectual property protection. When we sell you goods that are subject to intellectual property rights (copyright, trademarks, industrial models, patents, utility models etc.), the Agreement does not contain a licence to exercise these rights. As an individual, you cannot utilise our goods protected by copyright for any other purposes than personal use. As a legal entity, you cannot utilise such goods for any other purposes than internal use. You are especially forbidden to copy, resell, rent or by any other means provide the goods to third parties.

 

3.4.        Discounts and marketing campaigns. Unless stated otherwise, it shall be not possible to add up individual discounts and benefits from sales or marketing campaigns.

 

3.5.        Gifts and bonuses. In case gifts and/or bonuses were given to you upon your purchase, the gift agreement is tied to the Agreement including a cancellation clause which shall terminate the gift agreement upon the termination of the Agreement.

 

3.6.        Discount coupons and gift vouchers. Coupons and vouchers shall be claimed under negotiated conditions or under conditions stipulated on the coupon or voucher.

 

 

 

4. Payment

 

4.1.        Payment methods. The full price may be paid using the following methods:

 

4.1.1.        cash on delivery;

 

4.1.2.       bank transfer to our account:

 

4.1.2.1.        number:2701266302/2010

 

4.1.2.2.        IBAN: CZ2020100000002701266302

 

4.1.2.3.        BIC/SWIFT: FIOBCZPPXXX

 

4.1.3.       online credit card payment system:

 

4.1.3.1.        GoPay; 

4.1.4.       online transfer systems:

 

4.1.4.1.        PayPal.

 

4.2.        Currency. The full price may be paid using the following currencies:

 

4.2.1.       Česká Koruna (CZK)

 

4.2.2.      Euro (EUR)

 

4.3.        Payment period. The full price is to be paid before receiving the goods, upon delivery, or later, depending on the selected payment method. In cases where the full price is to be paid before delivery, you are obliged to pay within 14 day after entering into the Agreement. In cases where the full price is paid through a payment service provider, the price is considered paid at the moment the funds added to our account with the said provider.

 

4.4.        Payment through a loan. In cases where a loan or a different financial service based upon a contract with a third-party financial service provider is used to pay the full price of our goods, the relationship becomes also subject to the agreement and conditions of said third-party service.

 

 

 

5. Delivery

5.1.         Delivery methods. The following means of delivery are available:

 

5.1.1.        personal pick-up at:

 

5.1.1.1.         a selected Zásilkovna outlet;

 

5.1.2.       Česká pošta parcel;

 

5.1.3.       DPD parcel delivery.

 

5.2.        Shipping. Our goods are shipped worldwide unless stated otherwise

 

5.3.        Acquiring ownership rights. You become the owner of the delivered good upon receiving them, provided that the full price has already been paid.

 

5.4.        Delivery period. The negotiated period for delivering the goods shall start at the moment an Agreement has been entered into. In cases where the full price is to be paid before delivery, the period does not start until the funds are received by us. The goods shall be delivered within this period to the selected outlet or address. In cases where the customer is not a consumer and they have selected delivery through a carrier, the goods shall be handed over to the carrier within this period.

 

5.5.        Receiving the goods. You are obliged to receive the goods within the negotiated period at a specific outlet or address as specified by the selected method of delivery. In cases where the goods are delivered via a carrier, you are obliged to receive them upon their delivery to the specified address. Should you fail to receive the goods, we shall claim the right to withdraw from the Agreement, the right for compensation for expenses related to the delivery of said goods, and the right for compensation for expenses related to storing the goods within a period that shall end at the moment you receive the goods, you withdraw from the Agreement or we withdraw from the Agreement. The storage fee is CZK 10 per day and cannot exceed the price of the stored goods. In cases where you fail to receive the goods and we deliver them repeatedly, we claim the right for compensation for expenses related to the repeated delivery.

 

5.6.        Damaged goods when delivering to consumers on non-entrepreneurs. If you are a consumer or non-entrepreneur, risk passes to you upon receiving the goods. Should you receive damaged goods, you are obliged to inform us immediately, preferably via email. Should you discover any damage when receiving goods delivered by a carrier, you are obliged to inform the carrier as well. You may ask the carrier to open a parcel before you receive it, and should you discover any damage, you are not obliged to receive the goods.

 

5.7.        Damaged goods when delivering to entrepreneurs. If you are an entrepreneur and goods are to be delivered to you via a carrier, risk passes to you at the moment we hand the goods over to the carrier. We are not responsible for any damage to the goods sustained after the risk has passed, and such damage does not relieve you of the obligation to pay the full price of the goods and receive it. Should you receive damaged goods, you are obliged to inform the carrier immediately and seek compensation with them.

 

5.8.        Packaging. Unless negotiated otherwise, goods shall be packed in a way ensuring their protection a preservation.

 

 

 

6. The Right of Withdrawal

6.1.        General stipulations. By withdrawing from an Agreement, the Agreement becomes void and both parties are obliged to everything they have provided to each other under the Agreement. By withdrawing from an Agreement, any gift agreements tied to it become void as well. The right of withdrawal may be claimed under conditions stipulated by this document or by law.

 

6.2.        Our right of withdrawal. We may withdraw from an Agreement at any given moment between it is entered into and the moment you receive the related goods for the following reasons:

 

6.2.1.       the ordered goods run out of stock

 

6.2.2.      the goods have not been received upon delivery

 

6.2.3.      abuse of the ordering system of our Online Store

 

6.2.4.      false or incorrect information stated when ordering

 

6.2.5.      the goods have been ordered for a significantly lower price than usual in cases when the goods have been offered for such a price due to a mistake or error

 

6.2.6.      other reasons of special regard

 

6.3.        A consumer's right of withdrawal. If you are a consumer, you have the right to withdraw from an Agreement within 14 days from the day you:

 

6.3.1.       receive the goods in cases of one-time deliveries;

 

6.3.2.      receive the last delivery in cases of ordering several types or parts of goods;

 

6.3.3.      receive the first delivery of goods in cases of periodical deliveries;

 

6.3.4.      enter into an agreement in cases of other types of agreements.

 

6.4.        Impossibility of withdrawal. You cannot withdraw from an Agreement:

 

6.4.1.       in cases where the delivered goods have been modified according to your specific needs or body measures;

 

6.4.2.      in cases where the goods have been delivered in an enclosed package, have been taken out of it and it is not possible to return them for hygienic reasons;

 

6.4.3.      in cases where the delivered goods are perishable or have been irretrievably mixed with other goods after being received;

 

6.4.4.      in cases of service agreements where the services have been fully provided with your approval within the withdrawal period;

 

6.4.5.      in other cases specified by law.

 

6.5.        Methods of withdrawal. Should you choose to claim your right of withdrawal from an Agreement, you may do so through a unilateral legal action (a withdrawal notice) to be delivered to us, preferably

 

6.5.1.       by filling in the withdrawal form and sending it

 

6.5.1.1.        to our email address, or

 

6.5.1.2.       to our registered address

 

Download: Withdrawal Form

 

6.6.        Observing the withdrawal period. If you are a consumer, it is sufficient to send us your withdrawal notice on the very last day of the withdrawal period.

 

6.7.        Returning goods after a withdrawal. Should you withdraw from an Agreement, you shall be obliged to return the delivered goods at your own expense within 14 days after your notice has been delivered, but preferably together with your notice, and preferably

 

6.7.1.       by sending the goods to our registered address.

 

You are to return the goods undamaged, clean and showing no signs of use, together with all accessories and documentation, and preferably in the original package. You are also obliged to return any gifts or bonuses you have agreed upon the Agreement you have withdrawn from.

 

6.8.        Refunds. If you withdraw from an Agreement as a consumer, we shall provide a refund within 14 days after receiving the withdrawal notice, under the condition that the goods have been returned or evidence has been provided that they had been sent. We shall also refund expenses related to delivering the returned goods to us but only in the extent of the least expensive comparable delivery method we offer. Should the value of the returned goods be lowered as a result of handling that is not necessary to assess their character, features or functions, the refund shall be lowered accordingly. You shall be refunded by means of the same payment method you selected when ordering the goods, or by other means agreed upon, provided that the alternative brings no extra costs.

 

 

 

7. Consumers' and Non-entrepreneurs' Claims and Returns

7.1.         Scope. This section of this document is relevant to you if you are a consumer or a non-entrepreneur, and it defines our responsibility for defective goods.

 

7.2.        Warranty. The standard warranty for our goods is 24 months starting from the day the good have been received. In case of used goods, the warranty is shortened to 12 months.

 

7.3.        Our responsibility for defects. We shall claim responsibility for any defects found on our goods upon delivery and throughout the warranty period. We especially guarantee that our goods:

 

7.3.1.       have all features agreed upon, and, in cases where no such agreement is present, have all features described by us or the manufacturer, or features that could have been anticipated due to the characteristics of the goods and/or their marketing presentation;

 

7.3.2.       are suitable for the declared purpose or for the purpose such goods are commonly used for;

 

7.3.3.       showcase the same quality and manufacturing process as a selected sample or design pattern in cases where such a sample or design pattern has been agreed upon to serve as a template for the goods;

 

7.3.4.      is delivered in the agreed upon amount, extent and weight;

 

7.3.5.       is in compliance with law.

 

7.4.        Extended quality warranty. In cases where our goods, their packaging, their documentation, advertisements or agreements stipulate a period during which the said goods or their parts may be used, and this period is longer than the warranty period, we guarantee that within this period:

 

7.4.1.       the goods or their parts will be suitable for their common use;

 

7.4.2.      the goods or their parts shall maintain their common characteristics.

 

The extended quality warranty period starts at the same moment as the standard warranty period. This extended warranty is provided only with selected goods, and in cases where the extended warranty period is stipulated by the aforementioned means.

 

7.5.        Restrictions on responsibility. We shall not be responsible for:

 

7.5.1.       damaged goods sold at a discount due to the damage;

 

7.5.2.       wear caused by using the goods for their usual purposes;

 

7.5.3.       wear and/or defects present on used goods at the moment they are received;

 

7.5.4.      defects on goods, especially those consumable and perishable, caused by the nature of such goods;

 

7.5.5.      defects you have been aware of before receiving the goods;

 

7.5.6.      defects caused by you.

 

7.6.        Period for claiming your right. You are obliged to examine the quality and quantity of the received goods as soon as possible. Should a situation arise for you to make claims, you are obliged to do so and inform us without delay, as soon as you are capable of discovering potential defects, and within the warranty or extended quality warranty periods. If you fail to do so, you shall lose your right to make claims and we shall not accept them.

 

7.7.        Your rights after discovering a defect. Should you discover a defect, you have the right:

 

7.7.1.       to have the defect removed without charge;

 

7.7.2.       to receive new and faultless goods in cases where the character of the defect does not allow it to be removed, or the removal would take an inadequately long period of time. If only a part of the goods is defective, you may only ask for an exchange of that particular part;

 

7.7.3.       to withdraw from the Agreement in cases there the defects cannot be removed and the goods cannot be exchanged;

 

7.7.4.      for an adequate discount.

 

7.8.        Your rights after discovering a defect on used goods. Should you discover a defect on used goods, you have the right:

 

7.8.1.       to have the defect removed without charge;

 

7.8.2.      for an adequate discount;

 

7.8.3.      to withdraw from the Agreement in cases where the character of the defect does not allow it to be removed, and it is not possible to provide a discount.

 

7.9.        Your rights after discovering repeated or multiple defects. Should you not be able to use good due to a repeated occurrence of the same defect after repair, or due to an occurrence of multiple defects, you have the right:

 

7.9.1.       to receive new goods or new parts of the goods, this, however, does not apply to used goods or goods sold with a known defect;

 

7.9.2.      for an adequate discount;

 

7.9.3.      to withdraw from the Agreement.

 

A repeated occurrence of a defect is defined as the same defect reappearing after at least two repairs. A multiple occurrence of defects is defined as the goods having at least three unrelated defects where each defect alone would not allow the goods to be used as intended.

 

7.10.       Impossibility of withdrawal or having new goods delivered. Should you not be able to return the goods in the same condition as you have received them, you may not withdraw from the Agreement, nor ask for new goods to be delivered. This, however, does not apply when:

 

7.10.1.      the condition of the goods changed while examining them and searching for defects;

 

7.10.2.     the goods have been use prior to discovering a defect;

 

7.10.3.     the change of the condition of the goods has not been caused by your actions or negligence;

 

7.10.4.     you have sold the goods before discovering a defect, consumed them or changed the condition when using them as intended; should only the condition of a part of the goods become changed, you may return the rest along with compensation equivalent to the benefit you gained from using the goods.

 

7.11.        Returns. Should you wish to exercise your right to return purchased goods, you may preferably do so by:

 

7.11.1.       filling in the Complaint Report and sending it

 

7.11.1.1.        to our email address, or

 

7.11.1.2.       to our registered address

 

and also

 

7.11.2.      sending the goods to our registered address

 

7.11.3.      seeking your claims with a third party in cases where the warranty, package or information on our website declare that said third party shall be responsible for  defects.

 

Download: Complaint Report

 

7.12.       Terms of returns. You are to return the goods in a condition that shall allow us to assess your claims. It is unacceptable to return the goods excessively. When making a claim, you are to:

 

7.12.1.      provide evidence that the goods have been bought from us;

 

7.12.2.      clearly state the reason for returning the goods as well as your preferred way of settling the matter. You may not later change your preferences without our consent.

 

7.13.       Return procedure. If you are a consumer, your claim shall be processed without unnecessary delay within 30 days after the goods have been returned. If you are a non-entrepreneur, your claim shall be processed without unnecessary delay within 45 days after the goods have been returned. You shall be informed about the process and the goods shall be returned to you by the same means they have been delivered to us within said periods. Should we fail to process your claim within said periods, you shall have the right to withdraw from the Agreement. In cases where your claims have been acknowledged, the warranty and extended quality warranty periods shall be extended by the number of days it took to process your claim.

 

7.14.       Compensation for costs. Should we accept your claim, you shall be entitled to compensation for necessary costs related to returning the goods. Should we refuse your claim, we shall be entitled for compensation for costs related to returning the goods and processing your complaint.

 

7.15.       Written confirmation. Should you make a claim, we shall provide you with a written document stating the date have exercised your right, the goods in question and the preferred means of settling the matter, as well as the date and method of processing your complaint including a confirmation of any repairs made and their duration, or a written explanation of why your claim has been refused.

 

 

 

8. Entrepreneurs' Claims and Returns

8.1.        Scope. This section of this document is relevant to you if you are an entrepreneur, and it defines our responsibility for defective goods.

 

8.2.        Our responsibility for defects. We shall deliver you goods in the quantity, quality and variant agreed upon. In cases where the quality and variant have not been precisely stipulated, we shall deliver the goods in the quality and variant suitable for the purpose stated in the Agreement, or the goods' usual purpose. In cases where quantity is defined only vaguely, we shall determine the exact numbers. We shall be responsible for any defects present at the time risk passes to you. This does not apply, however, to situations where the defect could be discovered by usual examination at the time of entering into an Agreement.

 

8.3.        Extended quality warranty. Extended quality warranty shall not be provided and we shall not be responsible for any defects that occur after risk has passed to you.

 

8.4.        Restrictions on responsibility. We shall not be responsible for:

 

8.4.1.       damaged goods sold at a discount due to the damage;

 

8.4.2.      wear caused by using the goods for their usual purposes;

 

8.4.3.      wear and/or defects present on used goods at the moment they are received;

 

8.4.4.      defects on goods, especially those consumable and perishable, caused by the nature of such goods;

 

8.4.5.      defects you have been aware of before receiving the goods;

 

8.4.6.      defects caused by you.

 

8.5.        Period for claiming your right.  You are obliged to examine the quality and quantity of the received goods as soon as possible. Should a situation arise for you to make claims, you are obliged to do so and inform us without delay, as soon as you are capable of discovering potential defects. This must be done within 6 months after receiving the goods, or within 24 months in case of hidden defects. If you fail to do so, you shall lose your right to make claims and we shall not accept them.

 

8.6.        Your rights related to severe agreement violations. In cases where a defect represents a severe agreement violation, you shall have the right:

 

8.6.1.       to have the defect removed by receiving new faultless goods or receiving missing goods;

 

8.6.2.      to have the defect removed through repairs;

 

8.6.3.      for an adequate discount;

 

8.6.4.      to withdraw from the Agreement.

 

A severe agreement violation is defined as delivering goods with such defects that it would have been clear to us that you would not had entered into an Agreement with us, were you aware of said defects. All other violations are considered non-severe. You must specifically claim the aforementioned rights. Should you not, you shall enjoy the same rights as with non-severe agreement violations.

 

8.7.        You rights related to non-sever agreement violations. In cases where a defect represents a non-severe agreement violation, you shall have the right:

 

8.7.1.       to have the defect removed;

 

8.7.2.      for an adequate discount.

 

Should you not select a specific right, we may remove the defect by repairing the goods, delivering new goods, or delivering goods we failed to deliver. You may not later change your selection without our consent.

 

8.8.        Impossibility of withdrawal or having new goods delivered. Should you not be able to return the goods in the same condition as you have received them, you may not withdraw from the Agreement, nor ask for new goods to be delivered. This, however, does not apply when:

 

8.8.1.       the condition of the goods changed while examining them and searching for defects;

 

8.8.2.      the goods have been use prior to discovering a defect;

 

8.8.3.      the change of the condition of the goods has not been caused by your actions or negligence;

 

8.8.4.      you have sold the goods before discovering a defect, consumed them or changed the condition when using them as intended; should only the condition of a part of the goods become changed, you may return the rest along with compensation equivalent to the benefit you gained from using the goods.

8.9.        Returns. Should you wish to exercise your right to return purchased goods, you may preferably do so by:

 

8.9.1.       sending the goods to our registered address;

 

8.9.2.      seeking your claims with a third party in cases where the warranty, package or information on our website declare that said third party shall be responsible for defects.

 

8.10.       Terms of returns. You are to return the goods in a condition that shall allow us to assess your claims. It is unacceptable to return the goods excessively. When making a claim, you are to:

 

8.10.1.      provide evidence that the goods have been bought from us;

 

8.10.2.     clearly state the reason for returning the goods as well as your preferred way of settling the matter. You may not later change your preferences without our consent.

 

8.11.       Return procedure. Your claim shall be processed without unnecessary delay within 45 days. The goods shall be returned to you by the same means they have been delivered to us. In cases where your claims have been acknowledged, the period within which you may make further claims shall be extended by the number of days it took to process your original claim.

 

8.12.       Compensation for costs. Should we accept your claim, you shall be entitled to compensation for necessary costs related to returning the goods. Should we refuse your claim, we shall be entitled for compensation for costs related to returning the goods and processing your complaint.

 

 

 

9. Personal Data Protection and Processing

9.1.        Processing personal data for the performance of an Agreement. We shall process your personal data in order to fulfil our obligations stipulated in Agreements entered into by and between you and us. For these purposes, your personal data may be provided to third parties (especially carriers and payment system providers).

 

9.2.        Processing personal data for commercial communication. We may also process your personal data for the purposes of further offering of our goods and services through commercial communication.

 

9.3.        Processing personal data upon your consent. Upon your consent given for an indefinite period, we may also process yoru personal data for the purposes of:

 

9.3.1.       keeping your user account on our Online Store;

 

9.3.2.      offering goods and services of third parties through commercial communication;

 

9.3.3.      keeping a customer database.

 

9.4.        Scope of the processes personal data. We shall process the following personal data:

 

9.4.1.       name and surname;

 

9.4.2.      date of birth;

 

9.4.3.      address;

 

9.4.4.      email address;

 

9.4.5.      phone number;

 

9.4.6.      IČO (company register number) and DIČ (VAT register number);

 

9.4.7.      IP address;

 

9.4.8.      body measures;

 

9.5.        Personal data processing consent withdrawal. You may withdraw your consent to have your personal data processed for the purposes of commercial communication at any time, as well as your prior consent to have you personal data processed for any other purposes.

 

9.6.        Rights of data subjects. As a data subject, you have the right:

 

9.6.1.       to ask for an update of inaccurate or obsolete data;

 

9.6.2.      to ask for information about the processing of your personal data for which we may ask for compensation for necessary costs;

 

9.6.3.      to ask for clarification or rectification, should you deem that we process your personal data in a manner which breaches the protection of your private and personal rights, or violates law.

 

9.7.        Cookies. When accessing our Online Store, cookies may be stored in the memory your device. You may stop this at any time using your device's settings.

 

 

 

10. Miscellaneous

10.1.       Take-back. Pursuant the the Waste Act (185/2001 Coll.), when buying certain types of goods, you have the possibility to simultaneously return a comparable amount of goods of a similar type and purpose without charge.

 

 

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