General Terms and Conditions

General Terms and Conditions

These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through the Rozkoššš online shop located on the web interface https://www.rozkosss.cz (hereinafter referred to as "web interface") between the entrepreneur:

Rozkošš s.r.o., with registered office at Radnická 376/11, Brno, 602 00 Brno

IČO: 14363232

DIČ: CZ14363232

is a VAT payer

registered in the Trade Register kept at the Blansko Municipal Office

Delivery address: Ješetinská 532, 679 21 Černá Hora

Telephone number: 725 813 639

contact e-mail: info@rozkosss.cz

as seller

and you as the buyer.

INTRODUCTORY PROVISIONS
Summary of the contents of the Terms and Conditions
By the contract of sale, we undertake to deliver the goods specified in the order to you and you undertake to accept the goods and pay us the purchase price. In order to enter into a contract, you must have placed an order and the order must be accepted by us (as set out in clause 2). Information on prices is set out in clause 3. The possible methods of payment and delivery can be found in articles 4 and 5. Information on the possibility of withdrawing from the contract after receipt of the goods is in article 6.

Is this a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you are buying goods outside the scope of your business or profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions.

What governs our mutual rights and obligations?
First and foremost, the contract, which consists of the following documents:

these terms and conditions, which set out our mutual rights and obligations;
the Complaints Procedure, which we will follow when making a complaint;
The Privacy Policy, which governs the protection of your personal data;
the terms and conditions and instructions set out on the web interface, in particular when concluding a contract;
the order and its acceptance by us,
and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal provisions:

Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code");
Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you agree that Czech law shall govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.

How do you agree to the terms and conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.

What else should you know about the terms and conditions?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.

We may change or amend the wording of these Terms and Conditions. Your rights and obligations are always governed by the version of the Terms and Conditions under which they arose. The terms and conditions may only be amended or supplemented in writing.

PURCHASE AGREEMENT
How do we conclude a purchase contract?
In order to enter into a contract, you must submit an order in accordance with these terms and conditions and acceptance of that order by us. Please note that the presentation of the goods on the web interface is informative and does not constitute a proposal by us to conclude a contract within the meaning of section 1732(2) of the Civil Code.

How to place an order?
You can always place an order via the web interface (by filling in the form) or in any other way that we make available according to the information on the web interface. The order must contain all the information prescribed in the form.

Before submitting your order via the order form, you will be provided with a summary of your order including the final price (including all taxes, duties and charges). Within the recap, you have the last opportunity to change the information entered.

You can place a binding order by pressing the "Order with payment obligation" button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.

Can you cancel or change an order already placed?
You can cancel or change an order that we have not yet received by phone or e-mail.  All orders received by us are binding. Later cancellations or changes to your order are only possible with our agreement. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see clause 6 for details), we are entitled to compensation for the costs we have already incurred in connection with the contract.

How do you know that we have accepted the order and when the contract is concluded?
The purchase contract is concluded when you receive our acceptance of your order at the e-mail address you provided in your order. Should the order not be accepted, the contract is concluded at the moment you take delivery of the ordered goods.

Do you have the option to receive the contract in text form?
The documents constituting the contract will be sent to you by e-mail or printed by post at your request. When sending by post, we may ask you to pay the costs involved.

We store the contract documents electronically. The contract is not accessible to third parties.

PRICE
Can the price change on the web interface?
If the price listed for an item on the web interface or during the ordering process is no longer current, we will notify you immediately. However, orders received are not affected by price changes that occur between the time the order is placed and our acceptance of the order.

In the event that there is an obvious technical error on our part in the price of the goods on the web interface or in the course of ordering, we are not obliged to deliver the goods to you at the obviously incorrect price due to the apparent legality of our legal action pursuant to Section 552 of the Civil Code or due to error pursuant to Section 571 of the Civil Code.

Can discounts be combined?
Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.

PAYMENT TERMS
What payment methods do we accept?
You can pay the purchase price mainly by the following methods:

cash on delivery;

in cash before delivery of the goods via the GoPay payment gateway;
in cash before delivery of the goods by transfer to our bank account (instructions will be provided in the order confirmation).
Any additional payment methods and any fees associated with certain payment methods are set out on the web interface.

When is the purchase price due?
In case of cash payment, the price is due upon receipt of the goods. In the case of cashless payment before delivery of the goods, the price is due within five days of receipt of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price when it is due, we reserve the right to withdraw from the contract.

Can we require a deposit or payment in advance?
Please note that in accordance with section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before dispatch or delivery.

DELIVERY TERMS
How do we send the goods?
The delivery methods, including the cost of delivery, are listed on the web interface. You can select the specific delivery method in the order.

The order will always include the final price, which already includes the cost of the chosen shipping method.

When will we deliver the goods to you?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment. However, we cannot influence the delivery time of external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.

Goods that are in stock are usually dispatched within two working days from the receipt of the order (when sending goods on delivery), or from the crediting of payment to our account (when paying cashless).

Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.

Delivery of the goods under these terms and conditions means when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a repudiation of the contract on your part.

You acquire title to the goods when you have paid the full purchase price.

How do I proceed with the acceptance of the goods?
Upon receipt of the goods, check the packaging of the goods for integrity. If you find any defects, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal.

From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.

What happens if you do not take possession of the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed, you are liable to pay the costs of such delivery.

If you do not take delivery of the goods without reason, we shall be entitled to compensation for the costs of delivery and storage of the goods as well as any other costs we incur as a result of the non-acceptance of the goods.

In the case of payment in cash on delivery or personal collection, we shall furthermore be entitled to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we are further entitled to proceed with the sale of the goods on our own accord in accordance with § 2126 of the Civil Code.

WITHDRAWAL FROM THE PURCHASE CONTRACT
How can you withdraw from the contract?
As a consumer, you can withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal from the purchase contract to our delivery address together with the goods or by e-mail and send the goods to our delivery address immediately afterwards. A sample form can be used to withdraw from the contract.

What are the consequences of withdrawal?
By withdrawing from the contract, the contract is cancelled from the outset and is regarded as if it had not been concluded.

If a gift has been given to you together with the goods with your consent, the gift contract ceases to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.

How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal to our registered office. Please do not send the goods by cash on delivery, we are not obliged to accept them in this way.

We recommend that the returned goods are accompanied by:

a copy of the delivery note and invoice (if issued) or other proof of purchase;
a written statement of withdrawal (on our form or otherwise) and the method of refund chosen.
Failure to submit any of the above documents will not prevent the positive processing of your withdrawal in accordance with the statutory terms.

When will you get your money back?
We will refund all monies received within 14 days of your withdrawal. Please note, however, that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you at an amount equivalent to the cheapest method of delivery offered.

We will refund your money in the same way we received it (unless you tell us no other way within ten days of cancellation and incur no further costs as a result) or in the way you request.

You will be responsible for the cost of sending the returned goods to our address, even if the goods cannot be returned by normal postal means due to their nature.

What if the returned goods have been damaged?
When sending the goods, please wrap them in suitable packaging so that they are not damaged or destroyed.

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for this reduction in value.

When can I not withdraw from the contract?
In accordance with Section 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:

on the delivery of goods that have been adapted to your wishes or for your person;
the delivery of perishable goods or goods that have been irretrievably mixed with other goods after delivery;
the delivery of goods in sealed packaging which you have removed from the packaging and which cannot be returned for hygiene reasons.
When can we withdraw from the contract of sale?
We reserve the right to withdraw from the contract in the following cases:

We have not received the purchase price from you by the due date or you have not taken delivery of the goods;
the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
performance becomes objectively impossible or unlawful.
In the event that any of the above-mentioned circumstances occur, we will inform you immediately of our withdrawal from the contract.

If you have already paid the purchase price in full or in part, we will reimburse you the amount received within five days of the withdrawal, without cash payment to the account you provide us with for this purpose or from which you made the payment.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising rights arising from defective performance, we will proceed in accordance with our Complaints Procedure.

FURTHER INFORMATION FOR CONSUMERS
What authorisations do we have to carry out our activities?
We are authorised to sell goods on the basis of a trade licence. Our activities are not subject to any other authorisation.

How do we handle complaints?
We handle any complaints via our contact email. You can also contact the relevant trade office or the Czech Trade Inspection Authority.

What rights do you have in the event of a consumer dispute?
If you are a consumer and if a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right which is the subject of this consumer dispute with us.

You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods you have purchased from us and to find an ADR entity.

REGISTERING ON THE WEB INTERFACE
How can you register on the web interface?
By registering via the registration form on the web interface, a user account is created. Keep the access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.

The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without refund. In the event of changes to your details, we recommend that you amend them in your user account without delay.

What is the purpose of a user account?
Through your user account you can primarily order goods, track orders and manage your user account. Any additional functions of the user account are always listed on the web interface.

When can we cancel your user account?
Please note that we have the right to cancel your user account without refund if there is a violation of good manners, applicable law or these terms and conditions through your account.

COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
Is the content of the website protected by copyright?
The content of the web pages on the web interface (texts including terms and conditions, photographs, images, logos, software and other) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

Liability and use of the web interface
We shall not be liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the function of the system or place an unreasonable load on the system.

If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.

Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.

These terms and conditions are valid and effective from 8.8.2019