Terms and conditions

TERMS AND CONDITIONS

 

of the company

     ELITOO s.r.o.

with registered office at 17. listopadu 220, Červený Kostelec 549 41 

identification number: 09566147

Tax identification number: CZ09566147

registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 308693 

for the sale of goods via the on-line shop located at the Internet address www.woodmint.en     

1. INTRODUCTORY PROVISIONS
   • These Terms and Conditions (hereinafter referred to as "terms and conditions") of ELITOO s.r.o. (hereinafter referred to as "seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "civil code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the Seller and another natural person (hereinafter referred to as the "buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at woodmint.en (hereinafter referred to as the "website"), through the interface of the Website (hereinafter referred to as the "shop web interface").
   • The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts while ordering goods in the course of his/her business or in the course of his/her individual performance of his/her profession.
   • Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
   • The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.
   • The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
2. USER ACCOUNT
   • Based on the buyer's registration done on the website, the buyer can access its user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
   • When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
   • Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
   • The Buyer is not entitled to allow third parties to use the user account.
   • The Seller may cancel the user account, in particular if the Buyer has not used his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
   • The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
   • All presentation of the goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
   • The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
   • The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
   • To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
     • the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
     • the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods and
     • information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
   • Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with respect to the Buyer's ability to detect and correct errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "Order" button. The data provided in the order are considered correct by the Seller. The Seller will confirm receipt of the order to the Buyer immediately upon receipt of the order (hereinafter referred to as the "buyer's electronic address").
   • Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
   • The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
   • The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
4. PRICE OF THE GOODS AND PAYMENT TERMS
   • The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer to the seller in the following ways:
5. in cash on delivery at the place specified by the Buyer in the order;
6. by cashless online credit card via the secure payment gateway GoPay.

 

• Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
• The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
• In the case of payment in cash or in the case of payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within days of the conclusion of the purchase contract.
• In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
• The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
• Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
• If it is customary in the course of business or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer in respect of payments made under the purchase contract. The Seller shall be liable for value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
• According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
   • The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.
   • If it is not a case mentioned in Article 1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the acceptance of the goods, while if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address.
   • The address for sending goods in case of withdrawal from the purchase contract is:
   • ELITOO s.r.o., Internet shop Woodmint.en, 17. listopadu 220, Červený Kostelec, 54941.
   • In case of withdrawal from the purchase contract according to Article 2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the buyer to the seller within thirty (30) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
   • In the case of withdrawal from the purchase contract according to Article 2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
   • The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
   • In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by non-cash transfer to the account designated by the buyer.
   • If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift cease to be effective and the buyer is obliged to return the provided gift to the seller along with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
   • If the method of transport is agreed upon based on the buyer's specific request, the buyer bears the risk and any additional costs associated with this method of transportation.
   • If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
   • In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
   • When taking over the goods from the shipper, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the shipper immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the shipper.
   • Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   • The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
   • The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
     • the goods have the properties that the parties have agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
     • the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
     • the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
     • the goods are in the appropriate quantity, measure, or weight and
     • the goods comply with the requirements of legal regulations.
   • The provisions referred to in Article 2 of the terms and conditions do not apply in the case of goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had when acceptance by the buyer, or if this results from the nature of the goods.
   • If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
   • Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
   • The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   • The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
   • Handling of consumer complaints is ensured by the seller through an electronic address. The seller will send information about handling the buyer's complaint to the buyer's email address.
   • The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
   • The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
   • The seller is authorized to sell goods based on a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
   • The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
   • The seller fulfills its information obligation towards the buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter "GDPR"), related to the processing of the buyer's personal data for the purpose of fulfilling the purchase agreement, negotiating a purchase agreement, and fulfilling the seller's legal obligations, through a special document.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
    • The buyer agrees in accordance with the provisions of § 7, paragraph 2 of Act No. 480/2004 Coll.,
    • The buyer agrees to save so-called cookies on his computer. If it is possible to make a purchase on the website and fulfil the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

 

11. DELIVERY
    • The buyer may receive communications at their email address.
12. FINAL PROVISIONS
    • If a relationship established by the purchase agreement has an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law pursuant to the previous sentence does not deprive the consumer buyer of the protection afforded by provisions of the legal order that cannot be derogated from by agreement, and that would be applicable in the absence of the choice of law pursuant to Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
    • If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
    • The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
    • The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.
    • Contact details of the seller: ELITOO s.r.o., Internet shop Woodmint.en, 17. listopadu 220, Červený Kostelec, 54941

 

In Červený Kostelec, dated September 21, 2023.