GENERAL TERMS AND CONDITIONS

of a company Citemm s.r.o. operating under the brand name Maria Kobelova

effective from 13/3/2025

 

Seller:

Citemm s.r.o.

Seller's Registered Office: Prague 2 - Vinohrady , Varšavská 1338/15, ZIP code 120 00

Seller's Identification Number (IČO): 22644792

Seller's VAT identification number (DIČ): CZ22644792

 

Purpose:

For the sale of goods in person or remotely, namely through the online store located at the web address http://www.mariakobelova.com/ ("E-shop"), and also via email and social networks Facebook (link: Maria Kobelova Studio, facebook.com/mariakobelovadesigner, page ID 1606610069589382) and Instagram (link: @mariakobelova).

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Seller's Contact Information:

Prague 2 - Vinohrady , Varšavská 1338/15, ZIP code 120 00

Phone: +420 721 128 247

Email: mariakobelova@yahoo.com

Instagram: @mariakobelova

Facebook: Maria Kobelova Studio, facebook.com/mariakobelovadesigner, Page ID 1606610069589382

(Citemm s.r.o. hereinafter referred to as “Seller”)

 

1 Introductory Provisions

1.1  These general terms and conditions (" Terms ") of a company Citemm s.r.o. operating under the brand name Maria Kobelova and operating an e-commerce website mariakobelova.com, with registered office Varšavská 1338/15, 120 00 Prague 2 – Vinohrady , IČO 22644792, e-mail mariakobelova@yahoo.com , phone number +420 721 128 247 , registered office Varšavská 1338/15, 120 00 Prague 2 – Vinohrady (the "Seller") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (" Civil Code "), the mutual rights and obligations of buyers and sellers arising in connection with or based on the purchase agreement (" Agreement ") concluded between the Seller and the buyer (hereinafter referred to as the " Customer ") via the online store at the internet address www.mariakobelova.com and also via email and the social networks Facebook and Instagram. 


1.2  All information about the processing of Customer's personal data is contained in the Personal Data Processing Policy, which can be found here: http://www.mariakobelova.com/zasady-zpracovani-osobnich-podminek . The seller fulfills all of their obligations towards the Customer in the sense of Article 13 of the Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on the protection of personal data) (hereinafter only the "GDPR regulation") related to the processing of the Customer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating the Purchase Agreement and for the purposes of fulfilling the seller's public obligations through a document called the Personal Data Processing Principles which will be provided to the Customer for approval when ordering Goods, if it is a purchase via the E-shop interface, or in accordance with article 4.3 below, if it is a purchase of goods by other electronic methods.

1.3  The provisions of these Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are usually drawn up in the Czech language. However, this does not prevent the Agreement itself, which includes these Terms and Conditions, to be concluded in the English language as well, if the Customer indicates that they have familiarized themselves with these Terms and Conditions and that they agree with them. 


1.4  The wording of the Terms and Conditions can be unilaterally changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Conditions. For the avoidance of doubt, the Agreement is governed by the version of the Terms that was valid at the time of its conclusion. 


1.5  For this Agreement, means of remote communication may be used, which allow the Seller and the Customer (collectively, hereinafter referred to as the " Contracting Parties ") to reach an agreement without the simultaneous physical presence of the Contracting Parties, and the Agreement can thus be concluded remotely. The Agreement can also be concluded in person. 


1.6  If any part of the Terms and Conditions contradicts what the Contracting Parties jointly agreed upon in the purchase process carried out by the Customer, this specific agreement will take precedence over the Terms and Conditions.

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2  Some Definitions

2.1  Price is the financial amount, always stated including value added tax according to Act No. 235/2004 Coll. (CZ), which the Customer
will pay for the Goods; 


2.2  Shipping Price is a financial amount, always stated including value added tax according to Act No. 235/2004 Coll., which the Customer will pay for the delivery of the Good, including the price for its packaging; 


2.3  Total price , always stated including value added tax according to Act No. 235/2004 Coll., is the sum of the Price and the Shipping Price; 


2.4  VAT is value added tax according to applicable legal regulations; 


2.5  Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price; 


2.6  Order is a legally binding proposal by the Customer to conclude a Purchase Agreement for the Goods provided for sale by the Seller; 


2.7  Account is a user account established on the basis of data provided by the Customer, which allows for the storage of entered data and the history of ordered Good and concluded Purchase Agreements; 


2.8  Customer is a person purchasing Goods provided for sale by the Seller, referred to by law as the Buyer; 


2.9  Goods are everything that a Customer can purchase in person or remotely from the Seller. 

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3  General Provisions and Instructions

3.1  The purchase of Goods is possible:

3.1.1  via the web interface of the E-shop, 


3.1.2  based on an email order, 


3.1.3  based on an electronic order made via the direct message function of the social networks Instagram or Facebook (resp. Messenger) through the above-mentioned accounts, or 


3.1.4  based on a personal meeting. 


( hereinafter collectively referred to as " the Order " ). 


3.2  When purchasing Goods, the Customer is obliged to provide the Seller with all information correctly and truthfully. The information 
provided by the Customer in the Order will therefore be considered correct and truthful. 

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4  Conclusion of the Purchase Agreement

4.1  The Agreement with the Seller can only be concluded in Czech or English. 


4.2  The Agreement is concluded in person or by one of the distance methods specified in Articles 3.1.1 to 3.1.3. The Customer bears the costs of using communication means for the distance method of concluding the Agreement. These costs do not differ in any way from the basic rate that the Customer pays for the use of these means (ie in particular for access to the Internet), so the Customer may not expect any additional costs charged by the Seller beyond the Total Price. By sending the Order, the Customer agrees that both parties use means of distance communication. 


4.3  In order for the Contracting Parties to conclude the Agreement, the Customer must create an Order in the E-shop or in another way mentioned above. This proposal must include the following information: 


4.3.1  information about the purchased Goods (in the E-shop, the Customer marks the Goods they are interested in purchasing by using the “Add to Cart”, “Buy” or “Buy Now” buttons); 


4.3.2  information about the Price, Shipping Price, payment method for the Total Price and the requested method of delivery of the Goods; this information will be entered when creating an Order within the E-shop user environment, while information about the Price, Shipping Price and Total Price will be provided automatically based on the selected Goods, method of delivery and payment; 


4.3.3  identification and contact information of the Customer used to enable the Seller to deliver the Goods to them, in particular name, surname, billing address, delivery address (if it does not match the billing address), telephone number and e-mail address. 


If the Customer places the Order in a manner other than through the E-shop interface, ie by email or via the social networks Facebook or Instagram, it is sufficient for the Customer to provide information in the basic Order in accordance with points 4.3.1and 4.3.3above and further information about the required method of payment and delivery of the Goods (with the proviso that sending a link to the relevant item from the Seller's website is sufficient to identify the Goods). The Seller will then, in response to this basic Order, send an Order supplement using the same method, which will include:

( i ) information about the availability of the required payment and shipping method, (ii) information about the Price, Shipping Price and Total Price,

(iii) the current wording of these Terms and Conditions, including a textual instruction that by accepting this Order supplement, the Customer agrees that the Terms and Conditions become part of the Agreement, and

( iv ) the current wording of the Privacy Policy.

The Seller's response above is considered to be an Order supplement by the Seller. The Customer's acceptance then results in the conclusion of the Agreement, which also includes these Terms and Conditions. Acceptance may also take place indirectly by sending a payment, the details of which will be stated in the Order Supplement. Articles 4.5, 4.6and Chyba! Nenašel se zdroj odkazu.below shall also apply mutatis mutandis to the purchase of Goods in a manner other than through the E-shop interface, ie by email or through the social networks Facebook or Instagram. For the avoidance of doubt, the following Articles 4.4and 4.9shall apply only to the purchase of Goods through the E-shop. The Seller is entitled to archive electronic communication that led to the conclusion of the Agreement in the above manner for a period of 5 years from the delivery of the goods.

4.4  During the creation of the Order in the E-shop environment, the Customer may change and check the data until its completion. After checking by pressing the "Order and pay" button, the Customer completes the Order. By completing the order, the Customer expresses their agreement with the Terms and Conditions, which will be provided to them for viewing via the E-shop interface before the binding order. After pressing the "Order and pay" button, all completed information will be sent directly to the Seller.

4.4.1  If the Customer selects the "Credit/debit card" payment option in the E-shop environment and if it is successfully paid via the payment gateway provider's interface, the Order is considered paid only when the Customer receives a message from the payment gateway provider with a text confirming the payment. 


4.4.2  If the Customer selects the "Manual payment" option in the E-shop for payment, the Order is considered paid only when the Contracting Parties confirm its payment in person or remotely, based on the handover of cash corresponding to the Total Price, the provision of a screen recording proving the successful sending of the payment of the amount corresponding to the Total Price, or in another similar manner. 


4.5  The Order shall be confirmed to the Customer as soon as possible after it is delivered to the Seller by a message sent to the Customer's e-mail address specified in the Order. The confirmation shall include a summary of the Order and these Terms and Conditions in “.pdf” format as an attachment to the e-mail message. The Terms and Conditions in the version effective on the date of the Order, ie in the version attached as an attachment to the confirming e-mail message, form an integral part of the Agreement. Confirmation of the Order shall conclude an Agreement between the Contracting Parties. 


4.6  There may also be cases where it will not be possible for the Customer to confirm their Order. These are in particular situations where the Goods are not available or cases where the Customer orders a larger number of Goods than is allowed by the Seller. However, the Seller will always provide information on the maximum number of Goods in the E-shop in advance. In the event that there is any reason why the Order cannot be confirmed, the Seller will contact the Customer as soon as possible and send them an offer to conclude the Agreement in an amended form compared to the Order via e-mail (or direct message function within the social network through which the Customer sent the Order). In such a case, the Agreement is concluded only when the Customer confirms this Agreement in an amended form to the Seller via e-mail (or direct message function within the social network through which the Customer sent the Order). The Seller is further entitled to completely refuse to accept the order in the event of ( i ) exhaustion of stocks, (ii) loss of the Seller's ability to fulfill or (iii) if the Customer has not collected or properly paid for the ordered goods in the past. Section 1732(2) of the Civil Code shall not apply. 


4.7  If an obviously incorrect Price is stated in the E-shop or in the Order supplement, the Seller is not obliged to deliver the Goods to the Customer at this Price even if the Customer has already received the Order confirmation and therefore the Agreement has been concluded. In such a case, the Seller is obliged to contact the Customer immediately and send them an offer to conclude a new Agreement via e-mail in an amended form compared to the Order. In such a case, the new Agreement is concluded when the Customer confirms the Seller's offer via e-mail. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or left out. 


4.8  In the event that the Agreement is concluded, the Customer is obliged to pay the Total Price to the Seller. 


4.9  If the Customer has an account on the E-shop, or is a member of the site, they can place an Order through it. Even in such a case, however, the Customer is obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating an Order is identical to that in the case of a buyer without a User Account, but the advantage is that there is no need to repeatedly fill in the Customer's identification data. 


 

5 Gift Vouchers, Discount Codes, Discounted Goods and Material Trade-In

5.1  Gift Vouchers

5.1.1  The Seller provides the opportunity to purchase gift vouchers of any value. The gift voucher is transferable and can be used once or in parts and in full amount of the gift voucher value when purchasing Goods from the Seller. 


5.1.2  If the Customer purchases a gift voucher in the form of a specific monetary value, which he/she uses when purchasing from the Seller (and if he/she does not use the full value of this voucher when purchasing from the Seller), the Customer has the right to use the remaining unused value of the voucher for another purchase from the Seller. The Seller may provide the Customer with, for example, a discount code or a gift voucher for another purchase from the Seller as consideration for the unused financial amount from the gift voucher value. 


5.1.3  If the Total Purchase Price exceeds the amount corresponding to the value of the voucher when redeemed, the Customer shall pay the remaining amount for the Total Price directly to the Seller when redeeming the gift voucher, unless otherwise stated by the Seller. 


5.1.4  The Seller is not responsible for any physical damage to the gift voucher caused by the Customer. 


5.1.5  The Customer is not entitled to interfere in any way with the graphic form of the gift voucher, copy it or change its content, 
with the exception of a handwritten dedication, message or signature. 


5.1.6  In order to use the gift voucher, the Customer is obliged to provide the Seller with the gift voucher number when ordering the Goods. The Customer is entitled to request the redemption of the gift voucher from the Seller only with a legible and valid gift voucher number. 


5.1.7  The validity of a gift voucher is limited by the date stated on the voucher after the text " Voucher is valid until:" or "Voucher is valid until:". 


5.1.8  The Gift Voucher can be used for permanently discounted goods. 


5.1.9  When purchasing through the E-shop, the financial amount corresponding to the value of the currently applied gift voucher may not be directly reflected in the process of creating the Order or in the Order confirmation delivered to the Customer via e-mail. However, the financial amount corresponding to the value of the applied gift voucher will be reflected in the Total Price stated on the Invoice, which will be delivered to the Customer to the e-mail address provided by them. If the value of the applied gift voucher exceeds the value of the Total Price of the Order, the Customer is compensated in accordance with Article 5.1.2of these Terms and Conditions, unless the Contracting Parties agree otherwise. If the Customer intends to purchase the Goods in a way other than through the E-shop interface, ie by email or via the social networks Facebook or Instagram, then the gift voucher must be submitted to the Seller together with the Order. 


5.2  Discount Codes

5.2.1  In some cases, the Seller allows the Customer to use a discount on the purchase of Goods also based on a previously 
provided one-time discount code. 


5.2.2  The discount code is usually provided to the Customer based on a previous Order, when it is communicated to the Customer: 
5.2.2.1 ontheInvoicefromthepreviousorderofGoods,or 
5.2.2.2 by e-mail or SMS message from the Seller. 


5.2.3  To apply a discount based on a discount code, the Customer is obliged to provide the code to the Seller when ordering the Goods. 


5.2.4  This discount code is transferable and one-time, so it cannot be applied to multiple orders. However, within one Order, it is possible to apply the code to any quantity of Goods of any value . 


5.2.5  The validity of the discount code is limited. The expiration date of the discount code is always stated by the Seller when communicating the discount code to the Customer and is also part of the discount code itself. 


5.2.6  The discount code can also be applied to already discounted goods, unless the Seller states otherwise. 


5.3  Discounted Goods

5.3.1  In some cases, the Seller decides to offer certain Goods for sale as discounted goods. These may be Goods,

5.3.1.1  which, in the Seller's opinion, do not meet the parameters and standards of the given model, 


5.3.1.2  which the Seller no longer wishes to continue to produce on a permanent basis, 


5.3.1.3  which the Seller intends to sell off and remove from the offer, 


5.3.1.4  which the Seller decides to temporarily make available at a lower price, for example for promotional reasons, or 


5.3.1.5  which meet the above conditions in any combination. 


5.3.2  The Customer acknowledges this information regarding discounted goods. If Goods of lower quality are sold in this way according to point 5.3.1.1above, the Seller will transparently inform the Customer about the deteriorated quality before concluding the Agreement. For Goods purchased in this way, for which the deteriorated quality was reflected in the purchase price, the Customer will not have any claims from liability for defects consisting in the deteriorated quality described by the Seller. For the avoidance of doubt, this does not affect the Customer's right (if a consumer) to withdraw from the Purchase Agreement in accordance with Section 1829 of the Civil Code. If the Customer is purchasing the Goods within the scope of their business activities (ie they are not a consumer), then it is agreed that all the Goods referred to in paragraph a) above are sold "as is" (ie in aggregate) in accordance with Section 1918 of the Civil Code, in which case all defects in the Goods shall be borne by the Customer. 


5.4  Material Trade-Ins

5.4.1  The Customer may deliver precious metals, especially gold and silver, to the Seller in the form of pure material or processed products of various purities for the purpose of purchasing these precious metals by the Seller, which will be reflected in the Total Price as a discount. 


5.4.2  The Seller is not responsible for the manner in which the Customer acquired the precious metals. By providing the delivered material, the Customer confirms to the Seller that they acquired ownership of the delivered precious metals in an honest manner and did not violate any legal norms of the Czech Republic or another state on whose territory the delivered precious metals were acquired, always at the time when this acquisition took place. The Seller is - at its sole discretion or in the fulfillment of its legal obligations - entitled to request the Customer to provide evidence of the acquisition of ownership rights to the delivered precious metals. 


5.4.3  All materials that the Customer brings to the Seller for the purpose of purchasing the material, especially those that are not provided with a proper hallmark provided by the Assay Office of the Czech Republic pursuant to Act No. 539/1992 and Decree No. 363/2003, may be provided by the Seller for analysis to a third party in the form of a relevant private or state institution. The analysis process is irreversible and involves melting the material, so by providing the Customer with the material brought to the Seller, the Customer waives the possibility of obtaining the material brought back in the form in which it was provided to the Seller, even in the event of withdrawal from the Agreement. The analysis process will be charged in the amount of CZK 600 including VAT within the Total Price stated on the Invoice. 


5.4.4  Gold brought by the Customer with a hallmark provided by the Assay Office of the Czech Republic pursuant to Act No. 539/1992 and Decree No. 363/2003 and marked it as 14 carat (585/1000 Au), the Seller may purchase it directly from the Customer at the usual market price on the day of purchase and subsequent invoicing of the purchased Goods. 


5.4.5  The Seller shall entrust the gold brought by the Customer with a hallmark provided by the Assay Office of the Czech Republic pursuant to Act No. 539/1992 and Decree No. 363/2003 and marked otherwise than as 14 carat (585/1000 Au), or gold provided with a hallmark provided by another similar institution, including foreign ones, with a purity hallmark other than that corresponding to 14 carats (585/1000), or unassigned gold, for analysis to a third party in the form of a relevant private or state institution and, after determining the results of the analysis, shall reflect the purchase price in the subsequent invoicing of the purchased Goods according to the results of the said analysis, at the usual market price on the day of purchase and invoicing of the purchased Goods. 


5.4.6  Silver brought by the Customer, hallmarked by the Assay Office of the Czech Republic or another similar institution, including foreign ones, or not hallmarked, will be entrusted by the Seller to a third party for analysis in the form of a relevant 


private or state institution. According to the result of the analysis, the price of the purchased silver will be reflected as a discount on the Total Price of the Goods, at the usual market price on the day of purchase and invoicing of the purchased goods .

5.4.7 In the event that the price of the purchased precious metals delivered by the Customer exceeds the price of the purchased Goods, the Seller reserves the right, at its sole discretion, to make up the difference by providing a non-monetary performance to the Customer in the form of delivery of additional Goods, provision of a discount code, gift voucher, or other similar method.

 

6  Technical Parameters of the Goods

6.1  All goods made of precious metals are duly marked with the appropriate hallmark issued by the Assay Office of the Czech Republic 
pursuant to Act No. 539/1992 Coll., Act No. 19/1993 Coll. and Decree No. 363/2003. 


6.2  An exception to Article 6.1is precious metals applied to the goods only by means of surface galvanic plating with a thickness of the surface galvanic plating layer less than that which would make it impossible to determine the content of the precious metal in the base alloy by non-destructive testing, again in accordance with the legal provisions of the Czech Republic. 


6.3  Upon purchase of goods made of precious metals, the Customer will receive a certificate with their goods, which states the material and its purity, as well as the weight of the goods, the name of the model, the name of the collection of which the model is a part, and the certificate number. 


6.4  In the case of some Goods, especially brooches, the Goods are also provided with a part made of common metal, which is easily recognizable and, if technically possible, marked with the sign "METAL" . 


6.5  Electroplated Goods, especially silver gilded with various colors of gold, are subject to wear and tear, which cannot be considered a defect of the Goods. The gold-plated Goods are electroplated with a layer of 3 microns of gold and are not intended for everyday wear, since the layer of gold can be damaged depending on the effects of physical conditions, including sweat or contact with the skin and common objects and means of daily use, and the Goods can thus lose the layer of gold. The Seller is not responsible for the long-term durability of the gold plating, especially if the gold-plated Goods are used by the Customer in the following ways:

6.5.1  daily or almost daily wear. 


6.5.2  contact with soap, detergent, disinfectant and other cleaning and cosmetic products. 


6.5.3  contact with chlorinated water, eg in a swimming pool, or frequent contact with water and other liquids, including alcoholic beverages or chemical solutions. 


6.5.4  contact with metal objects. 


6.5.5  contact with objects that cause friction (eg holding a bag). 


6.5.6  ingestion of goods, and therefore their subsequent passage through the digestive tract. 


6.6  he Seller continues to allow the Customer to entrust the Seller with the purchased Goods for the purpose of re-galvanization, which will be carried out no later than two weeks after the Customer hands over the Goods to the Seller at a price of CZK 300 incl. VAT. 


6.7  The Seller will also, at the Customer's request, make adjustments to the size of the purchased Goods, if the properties of the material and the existing technical solution allow it. The size change will be made within 2 weeks after the Customer hands over the Goods to the Seller for adjustment, at a price of CZK 600 incl. VAT. 


6.8  If none of the conditions mentioned above have been met, the Customer has taken proper care of the gold-plated Goods, and the layer of galvanization has nevertheless demonstrably worn off or broken in an unreasonably short period of time, eg after one month of use, the Customer has the right to demand re-galvanization of these Goods free of charge. 


 

7  User Account or Site Membership

7.1  Based on the Customer's registration within the E-shop, the Customer can use this account, or membership (hereinafter referred to 
as the " Account "), to later more easily fill in the data when purchasing Goods. 


7.2  When registering an Account, the Customer is obliged to provide all entered data correctly and truthfully and, in the event of a change, 
to update it by contacting the Seller at the e-mail address mariakobelova@yahoo.com . 


7.3  Access to the Account is secured by a username and password. With regard to these access data, the Customer is obliged to maintain confidentiality and not provide this data to anyone. In the event that they are misused by a third party (eg by the Seller's web service hosting provider), the Seller bears no responsibility for this, and in the event of any misuse of these data, the Customer shall resolve them with the third party in question through legal means. 


7.4  The Account is personal, and the Customer is therefore not entitled to allow its use by third parties. 


7.5  The Seller may cancel the Customer's Account, in particular if the Customer has not used it for more than three years, or if the Customer breaches their obligations under the Agreement. 


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

 

8  Price and Payment Terms, Retention of Ownership

8.1  The price is always stated in the E-shop, in the Order proposal (if made via the E-shop interface), in the Order supplement by the Seller (if made in a manner other than via the E-shop interface) and in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal or its supplement, the Price stated in the Order proposal or its supplement shall apply, which will always be identical to the price in the Agreement. The Order proposal or its supplement also states the Price for shipping, or the conditions under which shipping is free of charge. 


8.2  The total price is stated including VAT, including all fees stipulated by law. 


8.3  The Seller will request payment of the Total Price from the Customer after the conclusion of the Agreement and before the delivery 
of the Goods. The Customer may pay the Total Price in the following ways:

8.3.1  By bank transfer. The Seller will send the Customer information for making the payment via e-mail, if the Parties agree on this option. In the case of payment by bank transfer, the Total Price is payable by the date specified on the Invoice sent to the Customer. The Order is then considered paid only on the day the Seller receives the amount into his bank account. 


8.3.2  By credit or debit card online. In such a case, payment is made via the Stripe payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://stripe.com/en- cz/legal/payment-terms . In the case of payment by card online, the Total Price is payable up to and including the day the order is created . 


8.3.3  By cash on delivery, if agreed upon by the Contracting Parties. In such a case, payment will be made upon delivery of the Goods as opposed to handing over the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods. 


8.3.4  By cash, credit or debit card upon personal collection, if agreed upon by the Contracting Parties. The Goods can be paid for by cash, credit or debit card in the event of receipt of the Goods by the Customer or a person authorized by the Customer, of which the Customer has informed the Seller in advance. In the case of payment in cash, credit or debit card upon personal collection, the Total Price is payable upon receipt of the Goods. 


8.4  The invoice will be issued in electronic form after payment of the Total Price and will be sent to the Customer's e-mail address. The invoice may also be physically attached to the Goods. The Seller will provide the Customer with a copy of the Invoice at any time in the future within the next 10 years from the purchase at the Customer's request. 


8.5  The ownership of the Goods shall pass to the Customer only after the Customer has paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price shall be paid by crediting it to the Seller's bank account, in other cases it shall be deemed to have been paid at the time of payment. 


 

9  Delivery of Goods, Transfer of Risk of Damage to the Goods

9.1  he Goods will be delivered to the Customer no later than 28 days after payment of the Total Price, in a manner of the Customer's 
choice, whereby the Customer may choose from the following options:

9.1.1  Personal collection at the Seller's registered office; 


9.1.2  Personal collection at the delivery points of the Delivery Company; and 


9.1.3  Delivery via companies providing postal services or transport of parcels and other shipments, such as Czech Post, PPL 
CZ, DHL, Delivery Company, UPS, FedEx and their contractual partners. 


9.2  The Seller is entitled to determine that no shipping fee will be charged when purchasing Goods above a certain minimum Price. 


9.3  The Goods can be delivered to all countries, except for countries with which trade is prohibited under the applicable law of the Czech Republic or the European Union. Any customs clearance costs when delivering Goods to countries outside the European Union shall be borne by the Customer. 


9.4  The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to the Customer in the Order confirmation. The time specified in these Terms and Conditions is only indicative and may differ from the actual delivery time. In the case of personal collection at the registered office, the Seller will always inform the Customer about the possibility of collecting the Goods by e-mail. 


9.5  After receiving 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 immediately notify the carrier and the Seller. In the event that there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, the Customer is not obliged to accept the Goods from the carrier. 


9.6  In the event that the Customer breaches its obligation to accept the Goods, with the exception of cases pursuant to Article 9.5of the Terms and Conditions, this does not result in a breach of the Seller's obligation to deliver the Goods to the Customer. At the same time, the fact that the Customer does not accept the Goods cannot be considered as a withdrawal from the Agreement between the Contracting Parties. However, in such a case, the Seller shall have the right to withdraw from the Agreement due to a material breach of the Agreement by the Customer, or to store the Goods, for which the Seller shall be entitled to a lump-sum compensation from the Customer for reasonably incurred expenses in the amount of 5% of the Total Price. If the Seller decides to withdraw from the Agreement, the withdrawal shall be effective on the day on which the Seller delivers this withdrawal to the Customer by e-mail. Withdrawal from the Agreement shall not affect the right to payment of the Price for transportation, or the right to compensation for damage, if any. 


9.7  If, for reasons attributable to the Customer, the Goods are delivered repeatedly or in a manner other than that agreed in the Agreement, the Customer is obliged to reimburse the Seller for the costs associated with such repeated delivery. The Seller will send the payment details for the payment of these costs to the Customer to the e-mail address specified in the Agreement and they are due 14 days from the delivery of the e-mail. 


9.8  The risk of damage to the Goods shall pass to the Customer at the moment of acceptance. In the event that the Customer does not accept the Goods, with the exception of cases pursuant to Article 9.5of the Terms and Conditions, the risk of damage to the Goods shall pass to the Customer at the moment when they had the opportunity to accept them, but for reasons on their part, acceptance did not occur. The transfer of risk of damage to the Goods means that from that moment on, the Customer bears all consequences associated with the loss, destruction, damage or any depreciation of the Goods. 


9.9  In the event that the Goods were not listed in the E-shop as in stock and an approximate availability period was indicated, the Seller will always inform the Customer in the event of:

9.9.1  an extraordinary failure to produce the Goods, always informing the Customer of the new expected availability period or information that it will not be possible to deliver the Goods; 


9.9.2  delay in delivery of the Goods from the Seller's supplier, with the Seller always informing the Customer of the new expected delivery time. 


 

10 Rights Arising from Defective Performance

10.1  The Seller is responsible for ensuring that at the time of transfer of risk of damage to the Goods pursuant to Article 9.8of the Terms 
and Conditions, the Goods are free from defects, in particular that the Goods:

10.1.1  correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties; 


10.1.2  are suitable for the purpose for which the Customer requires them and with which the Seller agrees; 


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


10.1.4  are suitable for the purpose for which Goods of this type are usually used; 


10.1.5  in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, it corresponds to the usual characteristics of Goods of the same type that the Customer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, in particular advertising or labeling; 


10.1.6  it is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Customer can reasonably expect; and 


10.1.7  it corresponds in terms of quality or design to the sample or template that was provided to the Customer before the conclusion of the Agreement. 


10.2  Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). 


10.3  In the event that the Goods have a defect, ie in particular if any of the conditions under Article 10.1are not met, the Customer may notify the Seller of such a defect and exercise the rights arising from defective performance (ie claim the Goods) by sending an e- mail or letter to the Seller's addresses specified in the Seller's identification data, or in person at the Seller's registered office. The Customer may also use the sample form provided by the Seller for the claim, which forms Annex No. 1 to the Conditions. In exercising the right to remedy defective performance, the Customer must choose how they want to resolve the defect, and this choice cannot be changed subsequently without the Seller's consent. The Contracting Parties will handle the complaint in accordance with the right to remedy defective performance exercised by the Customer. 


10.4  If the Goods are defective, the Customer has rights under liability for defects pursuant to Sections 2169, 2170, or 2171 of the Civil Code, ie :

10.4.1  The right to have the defect removed by repair or delivery of new Goods under the conditions pursuant to Section 2169 of the Civil Code; 
steed 


10.4.2  The right to a reasonable discount or withdrawal from the Agreement under the conditions pursuant to Section 2171 of the Civil Code. 


If the defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the Buyer cannot use the item, if they have rightfully complained about the defect. The Customer may complain about a defect in the Goods that becomes apparent within 2 years of receipt. 


10.5  If the Customer is acting within the scope of their business activity (ie if they are not a consumer) when concluding the Agreement, the general rules of liability for defects of the sold item pursuant to Sections 2099 to 2112 of the Civil Code and, accordingly, the provisions of Articles 10.6to 10.10below shall apply to the assessment of defects and the complaint procedure. If the Customer (entrepreneur) has not reported the defect without undue delay after they could have discovered it during a timely inspection and with sufficient care, the court shall not grant them the right to defective performance. If it is a hidden defect, the same applies if the defect has not been reported without undue delay after the Customer (entrepreneur) could have discovered it with sufficient care, but no later than 2 years after delivery of the Goods. 


10.6  If the defect in the Goods was caused by the Customer themselves , they shall not be entitled to rights from defective performance. 


10.7  defect in the Goods is not wear and tear of the Goods caused by its normal use or, in the case of used Goods, wear and tear 
corresponding to the extent of its previous use. 


10.8  When making a complaint, the Seller shall issue a written confirmation to the Customer, stating:

10.8.1  date when the complaint was filed; 


10.8.2  what is the content of the complaint; 


10.8.3  what method of complaint settlement the Customer requests; 


10.8.4  Customer's contact details for the purpose of providing information on complaint settlement. 


10.9  Unless the Contracting Parties agree on a longer period, the Seller shall eliminate the defects within 30 days of receipt of the complaint and provide the Customer with information on the complaint settlement to the specified contact details. If this period expires in vain, the Customer may request withdrawal from the Agreement or request an appropriate discount. 


10.10  he Seller shall inform the Customer about the settlement of the complaint by e-mail and shall issue a confirmation of the date and method of complaint settlement. If the complaint is justified, the Customer shall be entitled to reimbursement of the reasonably incurred costs. The Customer shall be obliged to prove these costs, eg receipts or confirmations of the price of transportation, if the price of transportation is not unreasonable. In the event that the defect has been eliminated by the delivery of new Goods, the Customer is obliged to return the original Goods to the Seller, but the costs of this return are borne by the Seller. 


 

11 Withdrawal from the Agreement

11.1  Withdrawal from the Agreement, ie termination of the contractual relationship between the Contracting Parties from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is explicitly stated. 


11.2  In the event that the Customer is a consumer, ie a person purchasing the Goods outside the scope of their business activity, they have the right, in accordance with the provisions of §1829 of the Civil Code, to withdraw from the Agreement without giving a reason within 14 days from the date of conclusion of the Agreement, or if it concerns the purchase of the Goods, then within fourteen days from its receipt. If the Contracting Parties have concluded an Agreement, the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period shall begin to run on the date of delivery of the last piece or part of Goods, and if the Contracting Parties have concluded an Agreement, on the basis of which the Seller will deliver the Goods to the Customer regularly and repeatedly, it shall begin to run on the date of delivery of the first delivery. 


11.3  The Customer may withdraw from the Agreement in any demonstrable manner (in particular by sending an e-mail or letter to the Seller's registered office). The Customer may also use the sample form provided by the Seller, which is Annex No. 2 to the Terms and Conditions, for withdrawal. 


11.4  However, even as a consumer, the Customer may not withdraw from the Agreement in cases where the subject of the Agreement is the performance specified in Section 1837 of the Civil Code. 


11.5  The withdrawal period pursuant to Article 11.2of the Terms and Conditions shall be deemed to have been observed if the Customer verifiably sends the Seller a notice of withdrawal from the Agreement during the period. 


11.6  In the event of withdrawal from the Agreement pursuant to Article 11.2of the Terms and Conditions, the Customer is obliged to send the Goods back to the Seller within 14 days of receipt of the withdrawal, in which case the Customer shall bear the costs associated with returning the goods to the Seller. On the other hand, the Customer is entitled to have the Seller refund the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that the Seller offered for the delivery of the Goods. In the event of withdrawal due to the Seller's breach of the concluded Agreement, the Seller shall also pay the costs associated with returning the Goods to the Seller, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods that the Seller offered for the delivery of the Goods. 


11.7  In the event of withdrawal from the Agreement, the Customer will be refunded the Price within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for withdrawal from the Agreement. However, the amount will not be refunded before the Seller receives the Goods, or before the Customer proves to the Seller that it has been sent back to the Seller. The Customer is obliged to return the Goods clean, if possible including the original packaging. 


11.8  In the event of withdrawal from the Agreement, Article 11.2of the Terms and Conditions, the Customer is liable for any reduction in the value of the Goods that has arisen as a result of handling the Goods in a manner other than that necessary for the Customer to become familiar with the nature, properties and functionality of the Goods, ie in the manner in which the Goods would be familiarized with in a brick-and-mortar store. If the Seller has not yet returned the Price to the Customer, the Seller is entitled to offset the claim for costs against the Customer's claim for the refund of the Price . 


11.9  The Seller is entitled to withdraw from the Agreement at any time before delivering the Goods to the Customer if the Customer is in default with the payment of the Total Price (or any part thereof) for a period longer than 3 days, or if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period specified in Article 9.1of the Terms and Conditions. The Seller may also withdraw from the Agreement if it is obvious that the Customer has provided intentionally incorrect information in the Order. 


 

12  Consumer Dispute Resolution

12.1  The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, 
paragraph 1, letter e) of the Civil Code. 


12.2  The Seller shall handle consumer complaints via the electronic address mariakobelova@yahoo.com . The Seller shall send information on the handling of the complaint to the Buyer's electronic address. 


12.3  The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, Internet address: http://www.coi.cz . is responsible for the out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer, who is a consumer, arising from a Purchase Agreement concluded by electronic means. 


12.4  The European Consumer Center Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). 


 

13  Sending Commercial Communications and Storing Cookies

13.1  If the Goods are ordered via the E-shop interface, the Seller will ask the Customer, before sending a binding order, for the possibility of sending information related to the Goods or services of the Seller and for the possibility of sending commercial communications of the Seller, all to the Customer's email address. The Customer will have the right to refuse the sending of these communications or to terminate them at any time. 


13.2  The Seller will ask the Customer within the E-shop interface for the option to store so-called cookies on the Customer's computer. The Customer is entitled to withdraw consent according to the previous sentence at any time. 


 

14  Final Provisions

14.1  If the legal relationship of the Contracting Parties contains an international element (for example, the Seller will send goods to the Customer outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. If the Customer is a consumer, this agreement does not affect their rights arising from the legal regulations of the country in which they have their residence. 


14.2  The Seller will deliver all written correspondence between the Contracting Parties by electronic mail. The Seller's e-mail address is listed in the Seller's identification data. The Seller will deliver correspondence to the Customer's e-mail address specified in the Agreement, in the User Account or through which the Customer contacted the Seller. 


14.3  The Agreement may be amended only on the basis of a written agreement of the Contracting Parties. However, the Seller is entitled to amend and supplement these Terms and Conditions, but this amendment will not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this amendment. 


14.4  In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), the Seller is not liable for damage caused as a result of or in connection with force majeure, and if the force majeure situation lasts for more than 10 days, the Contracting Parties have the right to withdraw from the Agreement. 


14.5  The Annex to the Conditions is a sample complaint form and a sample withdrawal form. 


14.6  The Agreement, including the Conditions, is archived in electronic form by the Seller, but is not accessible to the Customer. However, the Customer will always receive these Conditions and the Order confirmation with a summary of the Order by e-mail and will therefore always have access to the Agreement even without the Seller's cooperation. The Seller recommends always saving the Order confirmation and the Conditions. 


14.7  These Conditions come into effect on 13 March 2025.