Terms and Conditions of the trading company Otto DIY Workshop s.r.o. residing on the address Nové Sady 988/2, Staré Brno, 602 00 Brno, Czech Republic identification number of the company: 08237841registered in the Commercial Registry at the Regional Court in Brno, section C, file 112621for the sale of goods through an online store located at store.ottodiy.com (hereinafter the “Website”).
1. PRELIMINARY PROVISIONS
1.1. These terms and conditions (hereinafter the “Terms and Conditions”) of Otto DIY Workshop s.r.o., residing on the address Nové Sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, identification number: 08237841, registered in the Commercial Registry at the Regional Court in Brno, section C, file 112621 (hereinafter referred to as “Seller”) govern in accordance with § 1751 par. 1 of Act No. 89/2012 Coll., Civil Code (the “Civil Code”) of the Czech Republic mutual rights and obligations arising in connection with or pursuant to the purchase agreement (hereinafter the “Purchase Agreement”) concluded between the seller and any other natural person (hereinafter the “Buyer”) through the online shop of the seller. The online shop is operated by the seller on the website store.ottodiy.com via the web interface (hereinafter the “Web Interface of the Shop”).
1.2. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
1.3. Any provisions differing from the Terms and Conditions may be arranged in the Purchase Agreement, which is concluded by means of distant communication (via an order and its confirmation) in English language. Any such differing provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
1.4. Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The online shop on the website is in English language. These Terms and Conditions are written and available on the website in both English and Czech language. In case of divergence between the language versions, the Czech version shall prevail.
1.5. The Terms and Conditions may be modified or amended by the Seller. This provision shall not in any way affect the rights and obligations which had arisen during the validity of the previous wording of the Terms and Conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. Any presentation of the goods placed in the Web Interface of the Shop is informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 par. 2 of the Civil Code shall not apply.
2.2. Web Interface of the Shop provides information about goods, including purchase price of individual goods and costs associated with packaging and shipment of the goods (these costs depend on the weight of the products ordered, the delivery address of the Buyer and the selected type of shipment). The final price, which is generated on the website after putting the selected goods into the shopping cart and selecting the requested type of shipment, does not include the customs duty, VAT or any other tax burden imposed according to the legal regulations of the country of delivery, which need to be paid in connection to the import of the goods into the country of delivery and which the Buyer is obliged to pay in addition to the final price (the final price within the meaning of this provision, hereinafter the “Final Price”).
2.3. The Purchase Price remains in force as long as it is displayed in the Web Interface of the Shop. This provision shall not affect the entitlement of the Seller to conclude the Purchase Agreement under individually negotiated conditions.
2.4. To order goods, the Buyer shall fill an order (an offer to conclude an agreement) via a form in the Web Interface of the Shop. The order form contains information about:
2.4.1. specification of the subject of Purchase Agreement – the ordered goods (the ordered goods shall be “added” by the Buyer into an electronic shopping cart in the Web Interface of the Shop),
2.4.2. the complete name and surname of the Buyer,
2.4.3. e-mail address of the Buyer (necessary for sending the confirmation of the order and any possible resulting communication of the agreement parties), hereinafter the “Electronic Address of the Buyer”,
2.4.4. telephone number of the buyer (necessary for delivering the goods and for contact with the Customs authorities when the goods enter into the country of destination – the country of delivery),
2.4.5. delivery address (street and house number, postal code, city and country – country of destination/delivery),
2.4.6. method of payment of the purchase price of the goods, which is possible only in a cashless way via a payment gateway,
2.4.7. details regarding the requested method of delivery of the ordered goods,
2.4.8. information about the costs associated with the shipment of the goods,
2.4.9. note from the Buyer (facultative)(hereinafter collectively referred to as the “Order”).
2.5. Before sending the order, the Buyer is redirec
ted to the payment gateway, where the Final Price needs to be paid.
2.6. The Buyer can send the order to the Seller (i.e. the website will enable the Buyer to send it) only if all the following conditions are fulfilled:
2.6.1. after filling all the boxes in the order form, excluding the box for a note, which is facultative
2.6.2. after sending the Final Price via the payment gateway
2.7. The Buyer is responsible for providing all information in a correct and true manner; the Seller considers all data provided by the buyer to be correct and does not perform any verification. In case of filling incorrect data in the order form or a change in the data after filling in the order form before the delivery of the goods, the Buyer is obliged to inform the Seller without delay.
2.8. The Buyer may perform orders without registration directly on the Web Interface of the Shop.
2.9. Before sending the Order to the Seller, the Buyer is entitled to review and change the data which were inserted into the Order by the Buyer, also with the opportunity for the Buyer to identify and correct errors which occurred when inserting the data into the Order.2.10. The Buyer will submit the Order to the Seller by clicking on the button “Place Order”.
2.11. Upon receiving the Order, the Seller shall instantly send an automated confirmation of the Order to the Buyer via electronic mail, namely to the electronic address of the Buyer. The Purchase Agreement, with the content specified in the Order and in these Terms and Conditions, is concluded at the moment when the confirmation e-mail from the Seller is delivered to the Buyer (i.e. at the moment of confirmation of the order by the Seller).
2.12. If the Buyer uses the box labeled “note” in the order form for a request regarding a change of the content of the Purchase Agreement (a variance from these Terms and Conditions or from the preset text of the order form – e.g. a request for a different type of transportation etc.), the Purchase Agreement is not concluded by an automated confirmation e-mail within the meaning of the previous paragraph (2.11) but it is concluded only at the moment when the Seller responds to the note from the Buyer in a way that explicitly confirms the request (a variation from these Terms and Conditions or from the standard order form). If the Seller does not confirm the request from the Buyer (for example because the note was in a form of a question, which needs to be answered by the Seller), the Purchase Agreement is only concluded at the moment when the communication between the contracting parties shows that the parties reached an agreement over the particulars of the Purchase Agreement (including the matter addressed in the note). If the contracting parties do not reach an agreement over the content of the Purchase Agreement in an adequate time since submitting the order by the Buyer, the Purchase Agreement has not been concluded and the Seller is obliged to refund the received Final Price (which has been sent by the Buyer via the payment gateway when submitting the order) back to the Buyer; the Buyer is obliged to provide necessary cooperation to the Seller regarding the money refund.
2.13. Costs incurred by the Buyer when using the means of distant communication in connection with concluding a Purchase Agreement (cost of internet access, telephone costs) shall be paid by the Buyer, and these costs do not differ from the standard rate.
3. PRICE AND PAYMENT TERMS
3.1. The Final Price (i.e. the Purchase Price and the costs associated with the packaging and shipment of the goods) may be paid by the Buyer to the Seller only in a cashless manner via the Mollie Payment System (payment gateway).
3.2. The Seller requires the Buyer to send the entire Final Purchase Price before sending the Order and to receive the price (to the bank account of the Seller) before dispatching the goods to the Buyer. The provision of § 2119 par. 1 of the Civil Code shall not apply.
3.3. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.4. If it is customary in trade relations or if so provided by generally binding legal regulations, the Seller shall issue an invoice to the Buyer regarding the payments performed on the basis of the Purchase Agreement. The Seller is not a VAT payer. The invoice shall be issued by the Seller to the Buyer after the purchase price has been paid and shall be sent in an electronical form to the electronical address of the Buyer.
3.5. Refund of the Final Purchase Price when not concluding a Purchase Agreement – see paragraph 2.12 of these Terms and Conditions.
3.6. Refund of the Final Purchase Price when withdrawing from the Purchase Agreement – see Article 5 of these Terms and Conditions.
4. TRANSPORTATION AND DELIVERY OF THE GOODS
4.1. The Seller is a legal entity under the Czech law established in the Czech Republic, which is a member state of the European Union. The Seller has their registered office in the Czech Republic. For international buyers since the goods are manufactured for the Seller in the People’s Republic of China (PRC), the Buyer acknowledges that in order to achieve the lowest possible charge for the Buyer regarding the costs of transportation, customs duties, VAT or other tax burden, the goods will be delivered to the delivery address specified in the Order directly from the PRC (from the supplier of the Seller). For EU buyers this does not apply since good are delivered from Span. The shipment of the goods shall be carried out in the way selected by the Buyer in the Order, or which was agreed on otherwise with the Seller.
4.2. When entering the country of destination – the country of delivery, the goods may be burdened (according to the regulations of the country of delivery) with customs duties, VAT or other tax burden, which are not included in the Final Price. The Buyer is obliged to pay for these extra costs (i.e. customs duties, VAT or other tax obligation) when the goods enter the country of delivery. In the event of failing to provide assistance with the entry of the goods into the country of destination or not paying the customs duties, VAT or other tax obligation at the entry of the goods into the country of destination according to the regulations of that country, the Buyer is obliged to pay to the Seller a compensation for the associated costs.
4.3. In the event that the method of transportation was negotiated on the basis of the Buyer’s specific request, the Buyer bears the risk and shall pay any potential additional costs associated with this method of transportation.
4.4. In the event that the goods had to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay any expenses associated with the repeated delivery of the goods, or expenses associated with a different method of delivery.
4.5. At the moment of entry of the goods into the country of destination, the Buyer shall be contacted on the phone number provided to the Seller in the Order in order to provide assistance within the meaning of Paragraph 4.2.
4.6. When taking over the goods, the Buyer is obliged to inspect the integrity of the packaging of the goods, and to notify the carrier instantly in the case of any defects. In the event of identifying a damage of packaging indicative of unauthorized intrusion into the package, the Buyer is not obliged to take over the shipment.
4.7. The Seller undertakes to send the goods to the Buyer in the shortest possible time after receiving the Final Price from the Buyer. The delivery time, if stated with the goods, is of purely informative character and is not binding for the Seller.
4.8. The Seller shall not be responsible for the damage or loss caused by the delayed shipment or delivery of goods cause by any reason.
4.9. Other rights and obligations of the contracting parties regarding the transport of the goods may be regulated by special delivery terms of the Seller if they have been issued by the Seller.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that pursuant to § 1837 of the Civil Code, it is not allowed to withdraw from a purchase agreement on the delivery of goods which had been adjusted according to the wishes of the Buyer, from the purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that were irretrievably mixed with other goods after delivery, from the purchase agreement for the supply of sealed goods which the consumer removed from their packaging and for hygienic reasons they cannot be returned and from the purchase agreement for the supply of audio or video recordings or computer program, if their original packing has been damaged.
5.2. Unless it is a case where Paragraph 5.1 applies or another case when withdrawing from the Purchase Agreement is prohibited, the Buyer is in accordance with § 1829 par. 1 of the Civil Code entitled to withdraw from the Purchase Agreement within fourteen (14) days upon taking over the goods, while if the subject of the Purchase Agreement consists of several types of goods or a delivery of several parts, such a period shall commence on the date of taking over the last delivery of the goods. The withdrawal from the Purchase Agreement has to be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may also use a sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Agreement in paper form or to the Seller’s e-mail address (firstname.lastname@example.org).
5.3. In case of withdrawal from the Purchase Agreement under the Art. 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled since the beginning. The Buyer has to return the goods to the Seller within fourteen (14) days upon the withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the expenses for the return of the goods to the Seller shall be borne by the Buyer, which also applies to cases when the goods cannot be returned via regular post due to their nature. The costs associated with the return of the goods to the Seller (sending them to the registered address of the Seller) may include VAT and customs duties, if the goods are dispatched from a country which is not a member of the EU or of the European Economic Area.
5.4. In order to eliminate doubts, the Seller explicitly declares that the Buyer is obliged to send legal action including withdrawal from the Purchase Agreement as well as the returned goods to the registered address/to the e-mail address of the Seller.
5.5. In case of withdrawal from the Purchase Agreement the Seller returns the funds received from the Buyer within fourteen (14) days since the withdrawal from the contract by the Buyer, in the same way as the Seller received them from the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received financial means to the Buyer until the Buyer returns the goods to the Seller or proves that the goods were sent to the Seller.
5.6. The Seller is entitled to unilaterally off-set the claim to the compensation for the damage on the goods against the Buyer’s claim for refund of the purchase price.
5.7. In the cases where the Buyer is entitled to withdraw from the Purchase Agreement under the § 1829 section 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the moment when the Buyer takes over the goods. The provisions of paragraph 5.5 shall be used likewise.
5.8. If the Buyer is provided with a gift accompanying the goods, the deed of gift between the Seller and the Buyer is concluded with a subsequent condition that if the Buyer withdraws from the Purchase Agreement, then the deed of gift regarding such gift expires and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., On Consumer Protection, amended).
6.2. The Seller is liable to the Buyer for no defects on the goods on the delivery. In particular, the Seller is liable to the Buyer purchaser that when the Buyer receives the goods:
6.2.1. the goods display characteristics which the contracting parties have agreed upon, and if there is no such arrangement, the goods display such characteristics which the Seller or manufacturer had described or which the Buyer was entitled to expect given the nature of the goods and on the basis of the manner in which the Seller or the manufacturer had advertised the goods,
6.2.2. the goods are suitable for the purpose which had been specified by the Seller for the given goods or for the purpose for which the given type of goods is usually used,
6.2.3. the goods correspond by the quality and execution to the negotiated sample or model, provided that the quality or execution were specified on the basis of a sample or model,
6.2.4. the goods are in a corresponding amount, size or weight, and
6.2.5. the goods comply with the legal requirements.
6.3. The provisions of Art. 6.2 of these Terms and Conditions shall not apply to Goods sold at a lower price for a defect for which the lower price had been negotiated, to the wear and tear suffered by the goods due to their usual usage, and in the case of the goods that had already been used, to a defect which corresponds to the degree of use or wear and tear which had been present at the moment when the Buyer took over the goods, or if it results from the nature of the goods.
6.4. The Buyer is entitled to exercise the right from defective performance if the defect manifests itself in the course of 24 months after the takeover. If the defect manifests itself within six months after the takeover, it is presumed that the goods were defected already at the moment of the takeover.
6.5. The Buyer is obliged to report the defect of the goods without undue delay after detecting the defect or after he or she was able to detect the defect.
6.6. Apart from the obligation to notify the Seller about the defect, the Buyer is also obliged to select the respective claim from defective performance. The Buyer is obliged to notify the Seller about the selected claim from defective performance together with notifying the Buyer about the defect or without undue delay after reporting the defect.
6.7. The Buyer is entitled to the claims from defective performance depending on whether the defective performance is a fundamental breach of the Purchase Agreement or a non-fundamental breach of the Purchase Agreement. If the defective goods are a fundamental breach of the Purchase Agreement, the Buyer is entitled to claim removing of the defect according to his or her choice either by delivering a new defect-free product, supplying a missing product, removal of the defect by repairing the product, a reasonable reduction of the purchase price or by withdrawing from the Purchase Agreement. If the Seller fails to remove the defects within a reasonable time limit or if he notifies the Buyer that he will not remove the defects, the Buyer may, instead of having the defects removed, request a reasonable reduction of the Purchase Price or withdraw from the contract. If a defective performance constitutes a non-fundamental breach of contract, the Buyer has the right to have the defects removed, or to a reasonable reduction of the purchase price. The Buyer is entitled only to these rights also in the case of not selecting his or her right (after being informed by the Seller) according to § 2106 of the Civil Code (in case of a fundamental breach of the contract) in time.
6.8. If the goods lack the stipulated properties, the Buyer may also require the supply of a new product without defects, unless it is disproportionate to the nature of the defect; but where the defect only concerns a component part of the product, the Buyer may only request a replacement of that component part; if it is impossible, he or she may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously. Even where a defect is removable, the Buyer is entitled to have a new product supplied or a component part replaced if he cannot use the product properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the contract. If the Buyer does not withdraw from the contract or exercise his or her right to have a new defect-free product supplied, its component part replaced or the product repaired, he or she may require a reasonable price reduction. The Buyer also has the right to a reasonable price reduction where the Seller cannot supply to him a new defect-free product, replace a component part of the product or repair it, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
6.9. The Buyer shall not have the right arising from defective performance if, before the takeover of the goods, he or she had been aware that the thing had a defect, or if the defect was caused by the Buyer himself.
6.10. The warranty claim shall be processed no later than within 30 days after the day of asserting the claim. Where the goods need to be delivered to the Seller in order for the claim to be processed, the time limit is counted from the day of the delivery of the goods to the Seller.
6.11. The defect shall be reported and the rights arising from defected performance shall be exercised by the Buyer on the Seller’s electronical address email@example.com. The Buyer may contact the Seller on this e-mail address also in the case where he or she does not know what right from defect he or she should (may) exercise or how to make a warranty claim – the parties shall agree how to proceed via this e-mail address.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods by paying the entire Purchase Price.
7.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 par. 1 letter e) of the Civil Code.
7.3. Settlements of consumer complaints shall be handled via electronic address firstname.lastname@example.org. The information of the settlement of the Buyer’s complaint shall be sent by the Seller to the Buyer’s email address.
7.4. The out-of-court settlement of consumer disputes arising from the Purchase Agreement is handled by the Czech Trade Inspection, headquartered at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: http://www.coi.cz. On-line platform for settling disputes at http://ec.europa.eu/consumers/odr can be used to settle disputes concerning the Purchase Agreement between the Seller and the Buyer.
7.5. European Consumer Center in the Czech Republic, headquartered at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact place according to the Regulation of the European Parliament and of the Council (EU) no. 524/2013 from 21 May 2013 about on-line settlement of consumer disputes and change of regulation (ES) no. 2006/2004 and directive 2009/22/ES (regulation for online settlement of consumer disputes).
7.6. The Seller is entitled to sell goods on the basis of a trade license. The supervision in the matters of trade licenses is carried out by the relevant Trade Licensing Office. The supervision in the matters of personal data protection is carried out by the Personal Data Protection Office. The supervision in the relevant matters of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection.
7.7. The Buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 par. 2 of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. The personal data protection is covered in a separate document called Data Protection Policy published on the website of the Seller.
9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1. The Seller shall not send any commercial messages to the Buyer.
9.2. The Buyer agrees with storing so called ‘Cookies’ on their computer. In the event that a purchase on the website can be made, and commitments agreed in the Purchase Agreement can be fulfilled without storage of ‘Cookies’ on the computer of the Buyer, the Buyer may withdraw their consent under the previous sentence at any time.
10.1. Unless agreed otherwise in the Purchase Agreement, all correspondence among the Buyer and the Seller, especially related to the withdrawal from the Purchase Agreement must be delivered to the other party in paper form or in electronical form via the e-mail address. The correspondence is considered to be delivered and effective from the moment of their delivery, with the exception of the withdrawal from the Purchase Agreement by the Buyer, which is considered to be effective if sent by the Seller in the designated time period.
10.2. The Parties may send mutual regular correspondence in paper form or via e-mail, at the e-mail address specified by the Buyer in the Order and the address stated on the website of the Seller.
11. FINAL PROVISIONS
11.1. If the relationship established by the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.
11.2. The matters which are not specified in the Purchase Agreement or in these Terms and Conditions abide by the Act No. 89/2012 Coll., Civil Code of the Czech Republic as amended. The translation of this law (the Civil Code) can be found for example on the website: http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf. In case of divergence between the Czech and English language versions, the Czech version shall prevail.
11.3. The Seller and the Buyer conclude a prorogation agreement (an agreement about the choice of jurisdiction) and they select the Czech court as the competent court (of international jurisdiction).
11.4. Should any provision of these Terms and Conditions be or become invalid or ineffective, a provision, whose meaning is the closest to the invalid or ineffective provision, shall replace it. Invalidity or ineffectiveness of a single provision shall not affect the validity or effectiveness of the rest of provisions. Any changes or amendments of the Purchase Agreement or the Terms and Conditions shall be carried out in writing.
11.5. Changes and amendments to the Purchase Agreement or Terms and Conditions require a written form.
11.6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible either publically or to the Buyer.
11.7. The sample form for the withdrawal from the Purchase Agreement in regard to the right to withdraw from the Purchase Agreement form in 14 days annexes to these Terms and Conditions.11.8. Contact details of seller: e-mail address: email@example.com, phone +420 736 723 321.