BUSINESS TERMS
1. Introductory Provisions
Vasyl Rusnak
Lindava 246, 471 58, Cvikov
ID: 19984511
registered in the trade register maintained by the Prague City Hall (hereinafter referred to as the "seller")
Address for delivery:
Vasyl Rusnak
Lindava 246, 471 58, Cvikov
Address for electronic communication: info@diwear.cz
Phone number: +420 721 881 644 (Mon – Fri: 08.00 – 18.00)
2. Introductory Provisions
2.1 These terms and conditions (hereinafter referred to as "terms and conditions") regulate in accordance with § 1751 par. 1 and § 2079 et seq. Act No. 89/2012 Coll. the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as " buyer") via the seller's online store. The seller operates an online store at the internet address http://diwear.cz/ (hereinafter referred to as the "online store").
2.2 These terms and conditions have application priority over the use of the Civil Code where the Civil Code does not expressly prohibit it. In the event that any question is not regulated by these terms and conditions, the legal regulations of the Czech Republic, in particular the Civil Code, will be applied.
2.3 Provisions deviating from these terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
2.4 Where these terms and conditions refer to paragraphs (or also "para") or articles (or "articles") without further specification, this means the paragraphs or articles of these terms and conditions.
2.5 A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way (hereinafter referred to as the "consumer"). Entrepreneur, for the purposes of the definition of consumer according to the previous sentence, means the seller.
2.6 These terms and conditions are an integral part of the purchase contract.
3. Customer Account
3.1 The buyer has the option to shop in the online store without first setting up a customer account (so-called without registration).
3.2 In the event that the buyer voluntarily establishes a customer account (and for this purpose voluntarily grants the seller consent to the processing of personal data, which is required outside of these terms and conditions), he creates a customer account in the online store for easier ordering of goods and updating the mandatory data necessary for processing future orders. Mandatory data means in particular: name, surname, delivery address, billing address (if different from the delivery address), phone number and e-mail address of the buyer.
3.3 The buyer is obliged to provide only true information in the customer account. The buyer is obliged to update this data in the event of any changes, at the latest before each order.
3.4 During the creation of a customer account (registration), the buyer is obliged to choose a login name and password. The login name is a working e-mail address of the buyer.
3.5 The buyer is fully responsible for the use of his customer account and any misuse of the mandatory data specified in the customer account by persons other than the seller.
3.6 The buyer is obliged not to make his customer account password available to third parties. The operator of the e‑mail service is not considered a third party for the purposes of these terms and conditions.
3.7 The buyer is not authorized to make the use of the customer account available to a third party.
3.8 The seller reserves the right to cancel the customer account at any time without compensation, or to make it inaccessible due to maintenance or malfunction of the online store.
4. Conclusion of the purchase contract
4.1 The online store (or web interface of the online store) contains a list of goods offered for sale by the seller, including the prices of the individual goods offered (the prices of the goods are listed including VAT). The prices of the offered goods are final. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the online store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
4.2 All offers for the sale of goods placed in the online store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods. The goods displayed in the online store are not a legally binding offer in the sense of § 1732, paragraph 2 of the Civil Code. It is only an invitation addressed to the buyer to send a binding proposal for concluding a purchase contract.
4.3 To order goods, the buyer fills out the order form in the online store environment. In particular, the order form contains:
4.3.1 identification of the ordered goods (this identification is shown in the electronic shopping basket, into which the buyer places the ordered goods by clicking on the "ADD TO CART") button,
4.3.2 the country of delivery and the currency in which the purchase price of the goods will be paid,
4.3.3 the method of transport and the method of payment of the purchase price of the goods, including information on the costs associated with the delivery of the goods,
4.3.4 identification and contact details of the buyer (i.e. in particular the name, surname, billing address, delivery address (if different from the billing address), phone number and e-mail of the buyer)
(hereinafter referred to as the "order").
4.4 The buyer's identification and contact information can also be provided to the seller by logging into the buyer's customer account.
4.5 The buyer is obliged to provide only complete and correct information to the seller. If the buyer does not provide the seller with complete and correct information, the seller is not obliged to send the ordered goods to the buyer.
4.6 The buyer is liable to the seller for any damages caused by the provision of incomplete or incorrect data.
4.7 Before sending the order to the seller, i.e. until clicking the "SEND ORDER" button, the buyer is allowed to check and change the data that the buyer entered in the order. The buyer thus has, among other things, the possibility to find out and correct errors that occurred when entering data into the order and to remove individual items (goods) from the electronic shopping cart.
4.8 The buyer sends the order to the seller by clicking the "SEND ORDER" button. The data provided in the order are considered by the seller to be complete and correct. Sending the order is the buyer's proposal to conclude a purchase contract in the sense of § 1731 of the Civil Code.
4.9 The seller's automatic system will confirm by electronic mail (e-mail) immediately after sending the order to the buyer that the order has been accepted by the seller in good order. The seller will send this confirmation to the e-mail address (e-mail) of the buyer specified in the customer account or in the order. The purchase contract is concluded upon delivery of the confirmation of receipt of the order to the e-mail address of the buyer.
4.10 If the buyer entered an incorrect e-mail, as a result of which the confirmation of receipt of the order cannot be delivered, the seller is entitled to cancel the order.
4.11 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, estimated amount of transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone) or to specify or change the terms of delivery of goods or the method of payment compared to the concluded purchase contract .
4.12 The buyer acknowledges that the seller is not obliged to conclude a purchase contract, especially with persons who have previously in any way breached their obligations towards the seller.
4.13 The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself and he acknowledges that the amount of these costs may depend on the conditions of the internet or telephone connection used by the buyer .
4.14 Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to the account specified by the buyer, or by money order.
5. Technical steps leading to the conclusion of the Purchase Agreement
5.1 The individual technical steps leading to the conclusion of a purchase contract in the online store environment are as follows:
selecting the product, its size and quantity and then clicking on the "ADD TO CART" button,
clicking on the electronic shopping basket, in which the buyer can change the quantity of the selected goods, or remove the selected goods from the basket, and then clicking on the "CONTINUE" button,
correctly filling in the data according to paragraph 4.3.2 (delivery country and currency) and 4.3.3 (transport method and payment method of the purchase price of the goods) and then clicking on the "CONTINUE" button,
properly filling in the data according to paragraph 4.3.4 (identification and contact data) or logging into the established customer account of the buyer,
getting to know and then agreeing to these terms and conditions and the Personal Data Processing Policy (see section 13.1;
confirmation of the order by the buyer by clicking on the "SEND ORDER" button a
the seller's confirmation that the order was received in order, sent to the buyer's e-mail address specified in the customer account or in the order.
6. Price of goods and terms of payment
6.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
6.1.1 by online non-cash transfer through the Stripe payment gateway,
6.1.2 in cash by cash on delivery;
6.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
6.3 In the case of payment in cash (i.e. cash on delivery), the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 1 day from the conclusion of the purchase contract.
6.4 The seller is entitled, among other things, in the event that the buyer does not provide additional confirmation of the order (see paragraph 4.10), to demand payment of the entire purchase price before sending the goods to the buyer.
6.5 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other and the discount can only be applied to non-discounted goods.
7. Withdrawal from the contract without giving reasons
7.1 The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
7.1.1 if the delivered goods were, or an integral part of it, an audio or video recording, or a computer program or other copyrighted work, and the buyer has infringed its original packaging;
7.1.2 if the subject of the purchase was goods modified according to the wishes of the buyer or for his person, as well as goods that are subject to rapid deterioration, wear or obsolescence,
7.1.3 if the delivered goods were irretrievably mixed with other goods,
7.1.4 if the goods were delivered in a closed package, but the buyer took them out of the package and for hygienic reasons it is not possible to return the goods.
7.2 If this is not the case mentioned in paragraph 7.1 or another case where it is not possible to withdraw from the purchase contract without giving a reason, the buyer has the right to withdraw from the purchase contract without giving a reason and without any penalty within 14 days:
7.2.1 from the acceptance of the goods by the buyer or a third party designated by him (other than the carrier), or
7.2.2 from the receipt of the last delivery of goods by the buyer or by a third party designated by him (other than the carrier) in the event that the buyer ordered different goods within one order, but the seller delivered them to him separately in two or more deliveries, or
7.2.3 from the receipt of the last item or part of the goods by the buyer or a third party designated by him (other than the carrier) in the event that the seller delivers the goods in parts consisting of several items or parts.
7.3 The recommended way to withdraw from the purchase contract is written withdrawal, sent to the seller's e-mail address info@diwear.cz. In withdrawing, the buyer is obliged to state his name and surname, the order number and the date of dispatch of the order (date of purchase).
7.4 To withdraw from the purchase contract, the buyer can use the seller's form, available below, or the sample form according to Government Regulation No. 363/2013 Coll., which forms an appendix to these terms and conditions.
7.5 In case of withdrawal from the contract according to paragraph 7.2, the purchase contract is canceled from the beginning. The buyer is obliged to send or hand over the goods to the seller within 14 days from the day the withdrawal from the purchase contract was delivered to the seller. The goods must be returned to the seller undamaged and unworn, with all accessories and complete documents (proof of purchase, instructions, warranty card) and, if possible, in the original packaging. The buyer is obliged to send the goods to the address of the seller's headquarters at his own expense (see Article 1).
7.6 After the buyer returns the goods to the seller, the seller is entitled to inspect the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed.
7.7 In the case of withdrawal from the contract according to paragraph 7.2, the seller will return the purchase price to the buyer within 14 days of delivery of the withdrawal from the purchase contract, namely:
7.7.1 cashless to the account specified by the buyer, otherwise to the account from which the buyer paid the purchase price of the goods, or
7.7.2 by means of a deposit directed to the name and address of the buyer. When returning the performance provided by the buyer with a deposit, the fee charged by Česká pošta, sp. will be deducted from the returned performance
7.8 Regardless of the period specified in paragraph 7.7, the seller is not obliged to send funds to the buyer before the buyer delivers the goods to him, or before the buyer proves to him that he has sent the goods to the seller.
7.9 The costs associated with the return of the goods are borne by the seller only through the Zásilkovna transport service.
7.10 This entire article does not apply to a purchase contract that was concluded with an entrepreneur within the meaning of § 420 of the Civil Code (hereinafter referred to as "entrepreneur"), even though the form for withdrawing from the purchase contract according to para. 7.2. Entrepreneurs are entitled to resign only for the reasons specified in the Civil Code.
8. Buyer's responsibility for depreciation of returned goods
8.1 In connection with the withdrawal from the purchase contract according to paragraph 7.2, the buyer is not responsible for a decrease in the value of the goods as a result of handling these goods in a way that is necessary to familiarize himself with the nature and properties of the goods, including its functionality (in other words, in a way that the buyer could familiarize yourself with the nature and properties of the goods in a brick-and-mortar store).
8.2 In the event that the goods are delivered to the seller damaged, worn (other than in a manner necessary to become familiar with the nature and properties of the goods) or partially consumed goods, the buyer is responsible to the seller for the reduction in the value of the goods caused by this. In such a case, the seller is entitled to offset his claim for a reduction in the value of the returned goods against the buyer's claim for a refund of the price of the goods. Damage to the original packaging caused by the unpacking of the goods is not considered damage to the goods.
9. Transport and delivery of goods
9.1 The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. The seller allows the following methods of delivery of the purchased goods (transportation methods):
9.1.1 Delivery via Zásilkovna.
9.1.2 Delivery via Czech Post.
9.2 In the event that the method of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport, which are specified in the order.
9.3 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller is entitled to a contractual penalty of CZK 250, and in addition, the seller is entitled to withdraw from the purchase contract.
9.4 If the buyer does not accept the goods upon delivery, the seller is also entitled to include them on the list of unreliable buyers (hereinafter referred to as the "blacklist"), while all buyers entered on the blacklist are obliged to pay the purchase price and transport costs in advance, cashless to the account the seller.
9.5 The buyer agrees that if he does not accept the goods, and the goods are sent back to the seller for this reason, the seller will store the goods and the buyer will pay the seller a storage fee of CZK 15 for each day of storage, but a maximum of CZK 1,800.
9.6 The seller will inform the buyer about the futile attempt to deliver the goods by e-mail, which the buyer specified in the order or has registered in the customer account, and will give him a reasonable period to express whether he is interested in sending the goods again.
9.7 If the buyer requests the resending of the goods within the additional period according to paragraph 9.6, the goods will be sent to him again after payment of the transport and storage costs according to paragraph 9.5, even if the buyer had the right to free shipping.
9.8 If the buyer does not request the resending of the goods within the additional period according to paragraph 9.6 or declares that he is no longer interested in the goods, the seller is entitled to sell the goods in a suitable way; § 2428 of the Civil Code shall apply to this sale. The seller is entitled to offset against the proceeds of the sale the costs of storage and the costs of the useless delivery of the goods due to the lack of cooperation on the part of the buyer in the absolutely necessary amount. Storage costs will be charged until the moment of sale of the goods, but at most up to the limit according to paragraph 9.5.
9.9 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note or actually accepting the shipment, the buyer confirms that the packaging of the shipment containing the goods was intact. The buyer is also obliged to physically check all delivered goods and, if there are any signs of damage, to contact the seller immediately. Later complaints will not be taken into account.
10. Liability for defects upon receipt and quality guarantee
10.1 The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by generally binding legal regulations (in particular §§ 1914 to 1925 and §§ 2099 to 2117 of the Civil Code and, in the case of the consumer, also §§ 2161 to 2174 of the Civil Code and relevant provisions of Act No. 634/1992 Coll., on consumer protection, as amended).
10.2 The provisions stated further in this article do not apply to a buyer who is an entrepreneur, or if the purchase concerns the business activity of the buyer, unless the Civil Code provides otherwise. These provisions thus apply exclusively to consumers.
10.3 The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
10.3.1 the goods have properties that the seller explicitly stated on the web interface of the online store (usually in the description of the goods) and that are stated in the purchase contract, or in the order, and in the absence of an agreement, such properties that the seller or the manufacturer of the goods described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
10.3.2 the goods are suitable for the purpose that the seller states for their use on the store's web interface (usually in the description of the goods) or for which the thing of this type is usually used,
10.3.3 the goods are in the corresponding quantity, measure or weight and
10.3.4 the goods comply with the requirements of legal regulations.
10.4 If a defect becomes apparent within 6 months of receipt, it is considered that the goods were already defective upon receipt.
10.5 The buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months of taking them over.
10.6 If this is not unreasonable due to the nature of the defect, the buyer may request the delivery of new goods without defects, but if the defect concerns only a part of the goods, the buyer may only request the replacement of the part; if such a procedure is not possible, the buyer can withdraw from the purchase contract. However, if it is a defect in the goods whose exchange for new goods would be disproportionate due to the nature of the defect (especially if the defect can be removed without undue delay), the buyer is only entitled to free removal of the defect.
10.7 The buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the goods due to the repeated occurrence of the defect after repair (third complaint for the same defect) or for a larger number of defects (at least 3 defects at the same time, each of which prevents proper use of the goods, or 4 different removable defects). In such a case, the buyer has the right to withdraw from the purchase contract.
10.8 If the buyer does not withdraw from the purchase contract or if he does not exercise the right to the delivery of new goods without defects or to exchange a part of the goods or to repair the goods free of charge (see paragraph 10.6), he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the buyer.
10.9 The seller is responsible for defects arising after taking over the goods within the 24-month warranty period. Within this period, the buyer can exercise his rights from defective performance and, at his option, demand for a defect that constitutes a material breach of the purchase contract (regardless of whether the defect is removable or non-removable):
10.9.1 removing the defect by delivering a new piece of goods without a defect or by delivering the missing goods;
10.9.2 free removal of a defect in the goods by repair;
10.9.3 a reasonable discount from the purchase price of defective goods; or
10.9.4 withdrawal from the purchase contract (and refund of the purchase price).
A material breach is a breach of the purchase contract of which the contracting party violating the purchase contract already knew or had to know at the time of concluding the purchase contract that the other contracting party would not have concluded the purchase contract if it had foreseen this breach.
10.10 In the case of a defect that constitutes an insignificant breach of the purchase contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
10.11 Rights from defective performance do not belong to the buyer (or the goods are not defective) in the following cases:
10.11.1 If the goods were sold as defective at a lower price and this defect was mentioned in the specification of the specific goods or a lower price was negotiated for this defect. The same applies to used goods to the extent corresponding to the degree of previous use or wear and tear of the goods, which the goods had when they were taken over by the buyer.
10.11.2 If there has been a change in the properties of the goods, which is caused by the wear and tear of the goods caused by normal use, incorrect use of the goods, including non-compliance with the instructions for use and maintenance, insufficient or inappropriate maintenance of the goods (e.g. during incorrect washing, ironing, using the wrong detergent, etc. .), a natural change in the materials from which the goods are made, damage by the buyer, a third party or damage caused by force majeure and in other cases stipulated by the Civil Code.
10.11.3 In the event that the buyer knew about the defect before taking over the goods (e.g. if it was explicitly and clearly stated in the description of the goods in the purchase contract).
11. Application of complaint
11.1 The buyer asserts rights from defective performance (hereinafter also "complaint") with the seller, unless otherwise specified, without undue delay after the defect has become apparent. Further use of the goods may cause the defect to worsen and subsequent deterioration of the goods or the impossibility of assessing the cause of the defect.
11.2 To make a claim, the buyer can use the seller's sample form, available below.
11.3 As part of the complaint, the buyer must provide their contact details and a description of the defect. Upon notification of a defect, or without undue delay after notification of a defect, the buyer is obliged to state the way in which he wants to handle the complaint (ie, how he requests to remove the defect). A change in the choice of complaint processing method without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
11.4 If the buyer does not choose his right from a material breach of the purchase contract in time, he has the same rights as for a non-material breach of the purchase contract (see paragraph 10.9).
11.5 The buyer is obliged to prove the purchase of the goods to the seller (preferably with a proof of purchase). The deadline for handling the complaint starts from the moment of application (notification) of the complaint. The buyer hands over or delivers the goods to the seller or to the place intended for repair at the same time or subsequently after the claim is made. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
11.6 The seller is obliged to issue a written confirmation to the buyer, who is a consumer, about when the claim was made, what the content of the claim is and what method of handling the claim the buyer requires.
11.7 The seller will also issue a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
11.8 The seller or an employee authorized by him will decide on the complaint of the buyer, who is a consumer, immediately, in complex cases within 3 working days. This time does not include the time appropriate for the type of goods for expert assessment of the defect.
11.9 About the buyer's complaint. who is not a consumer, the seller or an employee authorized by him will decide without undue delay, unless otherwise agreed with the buyer.
11.10 Complaints by a buyer who is a consumer, including the removal of a defect, must be handled without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer who is a consumer do not agree on a longer period. The futile expiration of this period is considered a material breach of the purchase contract (see paragraph 10.8).
11.11 The complaint of a buyer who is not a consumer, including the removal of a defect, will be handled within the period agreed between the seller and the buyer.
11.12 The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item.
11.13 The buyer is obliged to pick up the claimed goods no later than 15 days from the expiry of the time when the claim should have been settled, or within 15 days from notification of its settlement, unless the seller and buyer agree otherwise. If the buyer does not pick up the claimed goods within the specified period, he agrees that the seller has the right to demand storage fees from the buyer in the amount according to paragraph 9.3, starting from the first day when the period for picking up the claimed goods has expired. In the case of exchange of goods for other goods, the customer pays the postage himself.
11.14 In the event that the buyer does not pick up the claimed goods even after 120 days have passed after the seller notified him of the handling of the claim, the buyer agrees that the seller is entitled to sell the uncollected goods, which he will notify the buyer of as part of the notification of the handling of the claim, or at any time later ; § 2428 of the Civil Code shall apply to this sale. If the claimed goods are unsaleable or badly damaged, the seller is entitled to destroy or throw away the goods after the 120-day period has expired.
12. Other rights and obligations of the contracting parties
12.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
12.2 The buyer acknowledges that the software and other components forming the web interface of the online store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the online store.
12.3 When using the web interface of the online store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the online store. The web interface of the online store can only be used to the extent that it does not affect the rights of other customers of the seller and that is in accordance with its purpose.
12.4 In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
12.5 The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or web interface of the online store or as a result of their use of it contrary to their purpose.
12.6 The seller shall archive these terms and conditions for at least 5 years after their effective date. The purchase contract, i.e. the order, acceptance and terms and conditions are archived with the seller and will be made available to the buyer at any time upon his request, unless the buyer raises an objection (as specified in the Personal Data Processing Policy).
12.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the purchase contract is withdrawn, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
12.8 Information about the goods and the price provided by the seller in the web interface of the online store are binding, with the exception of obvious errors.
12.9 The buyer is not entitled to assign any claim against the seller to a third party without the prior written consent of the seller.
13. Protection of personal data
13.1 Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 Data Protection Regulation) , related to the processing of the buyer's personal data, the seller complies with the Personal Data Processing Policy, available here http://diwear.cz/prohlaseni-o-ochrane-osobnich-udaju-eu/
14. Delivery
14.1 Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via the postal service operator (at the sender's choice). It is delivered to the buyer to the e-mail address specified in his user account or order.
15. Dispute Resolution
15.1 Mutual disputes between the seller and the buyer are resolved by general courts.
15.2 According to the Consumer Protection Act, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
15.3 An out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's proposal, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
15.4 The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website www.ec.europa.eu/consumers/odr/.
16. Final Provisions
16.1 The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
16.2 The seller may change or supplement the wording of these terms and conditions. This provision does not affect the rights and obligations arising from purchase contracts concluded during the effective period of the previous version of the terms and conditions.
16.3 If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
16.4 The buyer has the option to communicate any complaints to the seller in writing, or electronically via e-mail to the seller's e-mail address (see Article 1). However, the buyer reserves the right not to respond to complaints from third parties who have not concluded a purchase contract with the seller.
16.5 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
16.6 These terms and conditions enter into force and become effective on February 14, 2024.
Vasyl Rusnak
Lindava 246, 471 58, Cvikov
ID: 19984511
registered in the trade register maintained by the Prague City Hall (hereinafter referred to as the "seller")
Address for delivery:
Vasyl Rusnak
Lindava 246, 471 58, Cvikov
Address for electronic communication: info@diwear.cz
Phone number: +420 721 881 644 (Mon – Fri: 08.00 – 18.00)
2. Introductory Provisions
2.1 These terms and conditions (hereinafter referred to as "terms and conditions") regulate in accordance with § 1751 par. 1 and § 2079 et seq. Act No. 89/2012 Coll. the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as " buyer") via the seller's online store. The seller operates an online store at the internet address http://diwear.cz/ (hereinafter referred to as the "online store").
2.2 These terms and conditions have application priority over the use of the Civil Code where the Civil Code does not expressly prohibit it. In the event that any question is not regulated by these terms and conditions, the legal regulations of the Czech Republic, in particular the Civil Code, will be applied.
2.3 Provisions deviating from these terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
2.4 Where these terms and conditions refer to paragraphs (or also "para") or articles (or "articles") without further specification, this means the paragraphs or articles of these terms and conditions.
2.5 A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way (hereinafter referred to as the "consumer"). Entrepreneur, for the purposes of the definition of consumer according to the previous sentence, means the seller.
2.6 These terms and conditions are an integral part of the purchase contract.
3. Customer Account
3.1 The buyer has the option to shop in the online store without first setting up a customer account (so-called without registration).
3.2 In the event that the buyer voluntarily establishes a customer account (and for this purpose voluntarily grants the seller consent to the processing of personal data, which is required outside of these terms and conditions), he creates a customer account in the online store for easier ordering of goods and updating the mandatory data necessary for processing future orders. Mandatory data means in particular: name, surname, delivery address, billing address (if different from the delivery address), phone number and e-mail address of the buyer.
3.3 The buyer is obliged to provide only true information in the customer account. The buyer is obliged to update this data in the event of any changes, at the latest before each order.
3.4 During the creation of a customer account (registration), the buyer is obliged to choose a login name and password. The login name is a working e-mail address of the buyer.
3.5 The buyer is fully responsible for the use of his customer account and any misuse of the mandatory data specified in the customer account by persons other than the seller.
3.6 The buyer is obliged not to make his customer account password available to third parties. The operator of the e‑mail service is not considered a third party for the purposes of these terms and conditions.
3.7 The buyer is not authorized to make the use of the customer account available to a third party.
3.8 The seller reserves the right to cancel the customer account at any time without compensation, or to make it inaccessible due to maintenance or malfunction of the online store.
4. Conclusion of the purchase contract
4.1 The online store (or web interface of the online store) contains a list of goods offered for sale by the seller, including the prices of the individual goods offered (the prices of the goods are listed including VAT). The prices of the offered goods are final. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the online store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
4.2 All offers for the sale of goods placed in the online store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods. The goods displayed in the online store are not a legally binding offer in the sense of § 1732, paragraph 2 of the Civil Code. It is only an invitation addressed to the buyer to send a binding proposal for concluding a purchase contract.
4.3 To order goods, the buyer fills out the order form in the online store environment. In particular, the order form contains:
4.3.1 identification of the ordered goods (this identification is shown in the electronic shopping basket, into which the buyer places the ordered goods by clicking on the "ADD TO CART") button,
4.3.2 the country of delivery and the currency in which the purchase price of the goods will be paid,
4.3.3 the method of transport and the method of payment of the purchase price of the goods, including information on the costs associated with the delivery of the goods,
4.3.4 identification and contact details of the buyer (i.e. in particular the name, surname, billing address, delivery address (if different from the billing address), phone number and e-mail of the buyer)
(hereinafter referred to as the "order").
4.4 The buyer's identification and contact information can also be provided to the seller by logging into the buyer's customer account.
4.5 The buyer is obliged to provide only complete and correct information to the seller. If the buyer does not provide the seller with complete and correct information, the seller is not obliged to send the ordered goods to the buyer.
4.6 The buyer is liable to the seller for any damages caused by the provision of incomplete or incorrect data.
4.7 Before sending the order to the seller, i.e. until clicking the "SEND ORDER" button, the buyer is allowed to check and change the data that the buyer entered in the order. The buyer thus has, among other things, the possibility to find out and correct errors that occurred when entering data into the order and to remove individual items (goods) from the electronic shopping cart.
4.8 The buyer sends the order to the seller by clicking the "SEND ORDER" button. The data provided in the order are considered by the seller to be complete and correct. Sending the order is the buyer's proposal to conclude a purchase contract in the sense of § 1731 of the Civil Code.
4.9 The seller's automatic system will confirm by electronic mail (e-mail) immediately after sending the order to the buyer that the order has been accepted by the seller in good order. The seller will send this confirmation to the e-mail address (e-mail) of the buyer specified in the customer account or in the order. The purchase contract is concluded upon delivery of the confirmation of receipt of the order to the e-mail address of the buyer.
4.10 If the buyer entered an incorrect e-mail, as a result of which the confirmation of receipt of the order cannot be delivered, the seller is entitled to cancel the order.
4.11 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, estimated amount of transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone) or to specify or change the terms of delivery of goods or the method of payment compared to the concluded purchase contract .
4.12 The buyer acknowledges that the seller is not obliged to conclude a purchase contract, especially with persons who have previously in any way breached their obligations towards the seller.
4.13 The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself and he acknowledges that the amount of these costs may depend on the conditions of the internet or telephone connection used by the buyer .
4.14 Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to the account specified by the buyer, or by money order.
5. Technical steps leading to the conclusion of the Purchase Agreement
5.1 The individual technical steps leading to the conclusion of a purchase contract in the online store environment are as follows:
selecting the product, its size and quantity and then clicking on the "ADD TO CART" button,
clicking on the electronic shopping basket, in which the buyer can change the quantity of the selected goods, or remove the selected goods from the basket, and then clicking on the "CONTINUE" button,
correctly filling in the data according to paragraph 4.3.2 (delivery country and currency) and 4.3.3 (transport method and payment method of the purchase price of the goods) and then clicking on the "CONTINUE" button,
properly filling in the data according to paragraph 4.3.4 (identification and contact data) or logging into the established customer account of the buyer,
getting to know and then agreeing to these terms and conditions and the Personal Data Processing Policy (see section 13.1;
confirmation of the order by the buyer by clicking on the "SEND ORDER" button a
the seller's confirmation that the order was received in order, sent to the buyer's e-mail address specified in the customer account or in the order.
6. Price of goods and terms of payment
6.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
6.1.1 by online non-cash transfer through the Stripe payment gateway,
6.1.2 in cash by cash on delivery;
6.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
6.3 In the case of payment in cash (i.e. cash on delivery), the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 1 day from the conclusion of the purchase contract.
6.4 The seller is entitled, among other things, in the event that the buyer does not provide additional confirmation of the order (see paragraph 4.10), to demand payment of the entire purchase price before sending the goods to the buyer.
6.5 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other and the discount can only be applied to non-discounted goods.
7. Withdrawal from the contract without giving reasons
7.1 The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
7.1.1 if the delivered goods were, or an integral part of it, an audio or video recording, or a computer program or other copyrighted work, and the buyer has infringed its original packaging;
7.1.2 if the subject of the purchase was goods modified according to the wishes of the buyer or for his person, as well as goods that are subject to rapid deterioration, wear or obsolescence,
7.1.3 if the delivered goods were irretrievably mixed with other goods,
7.1.4 if the goods were delivered in a closed package, but the buyer took them out of the package and for hygienic reasons it is not possible to return the goods.
7.2 If this is not the case mentioned in paragraph 7.1 or another case where it is not possible to withdraw from the purchase contract without giving a reason, the buyer has the right to withdraw from the purchase contract without giving a reason and without any penalty within 14 days:
7.2.1 from the acceptance of the goods by the buyer or a third party designated by him (other than the carrier), or
7.2.2 from the receipt of the last delivery of goods by the buyer or by a third party designated by him (other than the carrier) in the event that the buyer ordered different goods within one order, but the seller delivered them to him separately in two or more deliveries, or
7.2.3 from the receipt of the last item or part of the goods by the buyer or a third party designated by him (other than the carrier) in the event that the seller delivers the goods in parts consisting of several items or parts.
7.3 The recommended way to withdraw from the purchase contract is written withdrawal, sent to the seller's e-mail address info@diwear.cz. In withdrawing, the buyer is obliged to state his name and surname, the order number and the date of dispatch of the order (date of purchase).
7.4 To withdraw from the purchase contract, the buyer can use the seller's form, available below, or the sample form according to Government Regulation No. 363/2013 Coll., which forms an appendix to these terms and conditions.
7.5 In case of withdrawal from the contract according to paragraph 7.2, the purchase contract is canceled from the beginning. The buyer is obliged to send or hand over the goods to the seller within 14 days from the day the withdrawal from the purchase contract was delivered to the seller. The goods must be returned to the seller undamaged and unworn, with all accessories and complete documents (proof of purchase, instructions, warranty card) and, if possible, in the original packaging. The buyer is obliged to send the goods to the address of the seller's headquarters at his own expense (see Article 1).
7.6 After the buyer returns the goods to the seller, the seller is entitled to inspect the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed.
7.7 In the case of withdrawal from the contract according to paragraph 7.2, the seller will return the purchase price to the buyer within 14 days of delivery of the withdrawal from the purchase contract, namely:
7.7.1 cashless to the account specified by the buyer, otherwise to the account from which the buyer paid the purchase price of the goods, or
7.7.2 by means of a deposit directed to the name and address of the buyer. When returning the performance provided by the buyer with a deposit, the fee charged by Česká pošta, sp. will be deducted from the returned performance
7.8 Regardless of the period specified in paragraph 7.7, the seller is not obliged to send funds to the buyer before the buyer delivers the goods to him, or before the buyer proves to him that he has sent the goods to the seller.
7.9 The costs associated with the return of the goods are borne by the seller only through the Zásilkovna transport service.
7.10 This entire article does not apply to a purchase contract that was concluded with an entrepreneur within the meaning of § 420 of the Civil Code (hereinafter referred to as "entrepreneur"), even though the form for withdrawing from the purchase contract according to para. 7.2. Entrepreneurs are entitled to resign only for the reasons specified in the Civil Code.
8. Buyer's responsibility for depreciation of returned goods
8.1 In connection with the withdrawal from the purchase contract according to paragraph 7.2, the buyer is not responsible for a decrease in the value of the goods as a result of handling these goods in a way that is necessary to familiarize himself with the nature and properties of the goods, including its functionality (in other words, in a way that the buyer could familiarize yourself with the nature and properties of the goods in a brick-and-mortar store).
8.2 In the event that the goods are delivered to the seller damaged, worn (other than in a manner necessary to become familiar with the nature and properties of the goods) or partially consumed goods, the buyer is responsible to the seller for the reduction in the value of the goods caused by this. In such a case, the seller is entitled to offset his claim for a reduction in the value of the returned goods against the buyer's claim for a refund of the price of the goods. Damage to the original packaging caused by the unpacking of the goods is not considered damage to the goods.
9. Transport and delivery of goods
9.1 The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. The seller allows the following methods of delivery of the purchased goods (transportation methods):
9.1.1 Delivery via Zásilkovna.
9.1.2 Delivery via Czech Post.
9.2 In the event that the method of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport, which are specified in the order.
9.3 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller is entitled to a contractual penalty of CZK 250, and in addition, the seller is entitled to withdraw from the purchase contract.
9.4 If the buyer does not accept the goods upon delivery, the seller is also entitled to include them on the list of unreliable buyers (hereinafter referred to as the "blacklist"), while all buyers entered on the blacklist are obliged to pay the purchase price and transport costs in advance, cashless to the account the seller.
9.5 The buyer agrees that if he does not accept the goods, and the goods are sent back to the seller for this reason, the seller will store the goods and the buyer will pay the seller a storage fee of CZK 15 for each day of storage, but a maximum of CZK 1,800.
9.6 The seller will inform the buyer about the futile attempt to deliver the goods by e-mail, which the buyer specified in the order or has registered in the customer account, and will give him a reasonable period to express whether he is interested in sending the goods again.
9.7 If the buyer requests the resending of the goods within the additional period according to paragraph 9.6, the goods will be sent to him again after payment of the transport and storage costs according to paragraph 9.5, even if the buyer had the right to free shipping.
9.8 If the buyer does not request the resending of the goods within the additional period according to paragraph 9.6 or declares that he is no longer interested in the goods, the seller is entitled to sell the goods in a suitable way; § 2428 of the Civil Code shall apply to this sale. The seller is entitled to offset against the proceeds of the sale the costs of storage and the costs of the useless delivery of the goods due to the lack of cooperation on the part of the buyer in the absolutely necessary amount. Storage costs will be charged until the moment of sale of the goods, but at most up to the limit according to paragraph 9.5.
9.9 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note or actually accepting the shipment, the buyer confirms that the packaging of the shipment containing the goods was intact. The buyer is also obliged to physically check all delivered goods and, if there are any signs of damage, to contact the seller immediately. Later complaints will not be taken into account.
10. Liability for defects upon receipt and quality guarantee
10.1 The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by generally binding legal regulations (in particular §§ 1914 to 1925 and §§ 2099 to 2117 of the Civil Code and, in the case of the consumer, also §§ 2161 to 2174 of the Civil Code and relevant provisions of Act No. 634/1992 Coll., on consumer protection, as amended).
10.2 The provisions stated further in this article do not apply to a buyer who is an entrepreneur, or if the purchase concerns the business activity of the buyer, unless the Civil Code provides otherwise. These provisions thus apply exclusively to consumers.
10.3 The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
10.3.1 the goods have properties that the seller explicitly stated on the web interface of the online store (usually in the description of the goods) and that are stated in the purchase contract, or in the order, and in the absence of an agreement, such properties that the seller or the manufacturer of the goods described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
10.3.2 the goods are suitable for the purpose that the seller states for their use on the store's web interface (usually in the description of the goods) or for which the thing of this type is usually used,
10.3.3 the goods are in the corresponding quantity, measure or weight and
10.3.4 the goods comply with the requirements of legal regulations.
10.4 If a defect becomes apparent within 6 months of receipt, it is considered that the goods were already defective upon receipt.
10.5 The buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months of taking them over.
10.6 If this is not unreasonable due to the nature of the defect, the buyer may request the delivery of new goods without defects, but if the defect concerns only a part of the goods, the buyer may only request the replacement of the part; if such a procedure is not possible, the buyer can withdraw from the purchase contract. However, if it is a defect in the goods whose exchange for new goods would be disproportionate due to the nature of the defect (especially if the defect can be removed without undue delay), the buyer is only entitled to free removal of the defect.
10.7 The buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the goods due to the repeated occurrence of the defect after repair (third complaint for the same defect) or for a larger number of defects (at least 3 defects at the same time, each of which prevents proper use of the goods, or 4 different removable defects). In such a case, the buyer has the right to withdraw from the purchase contract.
10.8 If the buyer does not withdraw from the purchase contract or if he does not exercise the right to the delivery of new goods without defects or to exchange a part of the goods or to repair the goods free of charge (see paragraph 10.6), he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the buyer.
10.9 The seller is responsible for defects arising after taking over the goods within the 24-month warranty period. Within this period, the buyer can exercise his rights from defective performance and, at his option, demand for a defect that constitutes a material breach of the purchase contract (regardless of whether the defect is removable or non-removable):
10.9.1 removing the defect by delivering a new piece of goods without a defect or by delivering the missing goods;
10.9.2 free removal of a defect in the goods by repair;
10.9.3 a reasonable discount from the purchase price of defective goods; or
10.9.4 withdrawal from the purchase contract (and refund of the purchase price).
A material breach is a breach of the purchase contract of which the contracting party violating the purchase contract already knew or had to know at the time of concluding the purchase contract that the other contracting party would not have concluded the purchase contract if it had foreseen this breach.
10.10 In the case of a defect that constitutes an insignificant breach of the purchase contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
10.11 Rights from defective performance do not belong to the buyer (or the goods are not defective) in the following cases:
10.11.1 If the goods were sold as defective at a lower price and this defect was mentioned in the specification of the specific goods or a lower price was negotiated for this defect. The same applies to used goods to the extent corresponding to the degree of previous use or wear and tear of the goods, which the goods had when they were taken over by the buyer.
10.11.2 If there has been a change in the properties of the goods, which is caused by the wear and tear of the goods caused by normal use, incorrect use of the goods, including non-compliance with the instructions for use and maintenance, insufficient or inappropriate maintenance of the goods (e.g. during incorrect washing, ironing, using the wrong detergent, etc. .), a natural change in the materials from which the goods are made, damage by the buyer, a third party or damage caused by force majeure and in other cases stipulated by the Civil Code.
10.11.3 In the event that the buyer knew about the defect before taking over the goods (e.g. if it was explicitly and clearly stated in the description of the goods in the purchase contract).
11. Application of complaint
11.1 The buyer asserts rights from defective performance (hereinafter also "complaint") with the seller, unless otherwise specified, without undue delay after the defect has become apparent. Further use of the goods may cause the defect to worsen and subsequent deterioration of the goods or the impossibility of assessing the cause of the defect.
11.2 To make a claim, the buyer can use the seller's sample form, available below.
11.3 As part of the complaint, the buyer must provide their contact details and a description of the defect. Upon notification of a defect, or without undue delay after notification of a defect, the buyer is obliged to state the way in which he wants to handle the complaint (ie, how he requests to remove the defect). A change in the choice of complaint processing method without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
11.4 If the buyer does not choose his right from a material breach of the purchase contract in time, he has the same rights as for a non-material breach of the purchase contract (see paragraph 10.9).
11.5 The buyer is obliged to prove the purchase of the goods to the seller (preferably with a proof of purchase). The deadline for handling the complaint starts from the moment of application (notification) of the complaint. The buyer hands over or delivers the goods to the seller or to the place intended for repair at the same time or subsequently after the claim is made. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
11.6 The seller is obliged to issue a written confirmation to the buyer, who is a consumer, about when the claim was made, what the content of the claim is and what method of handling the claim the buyer requires.
11.7 The seller will also issue a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
11.8 The seller or an employee authorized by him will decide on the complaint of the buyer, who is a consumer, immediately, in complex cases within 3 working days. This time does not include the time appropriate for the type of goods for expert assessment of the defect.
11.9 About the buyer's complaint. who is not a consumer, the seller or an employee authorized by him will decide without undue delay, unless otherwise agreed with the buyer.
11.10 Complaints by a buyer who is a consumer, including the removal of a defect, must be handled without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer who is a consumer do not agree on a longer period. The futile expiration of this period is considered a material breach of the purchase contract (see paragraph 10.8).
11.11 The complaint of a buyer who is not a consumer, including the removal of a defect, will be handled within the period agreed between the seller and the buyer.
11.12 The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item.
11.13 The buyer is obliged to pick up the claimed goods no later than 15 days from the expiry of the time when the claim should have been settled, or within 15 days from notification of its settlement, unless the seller and buyer agree otherwise. If the buyer does not pick up the claimed goods within the specified period, he agrees that the seller has the right to demand storage fees from the buyer in the amount according to paragraph 9.3, starting from the first day when the period for picking up the claimed goods has expired. In the case of exchange of goods for other goods, the customer pays the postage himself.
11.14 In the event that the buyer does not pick up the claimed goods even after 120 days have passed after the seller notified him of the handling of the claim, the buyer agrees that the seller is entitled to sell the uncollected goods, which he will notify the buyer of as part of the notification of the handling of the claim, or at any time later ; § 2428 of the Civil Code shall apply to this sale. If the claimed goods are unsaleable or badly damaged, the seller is entitled to destroy or throw away the goods after the 120-day period has expired.
12. Other rights and obligations of the contracting parties
12.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
12.2 The buyer acknowledges that the software and other components forming the web interface of the online store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the online store.
12.3 When using the web interface of the online store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the online store. The web interface of the online store can only be used to the extent that it does not affect the rights of other customers of the seller and that is in accordance with its purpose.
12.4 In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
12.5 The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or web interface of the online store or as a result of their use of it contrary to their purpose.
12.6 The seller shall archive these terms and conditions for at least 5 years after their effective date. The purchase contract, i.e. the order, acceptance and terms and conditions are archived with the seller and will be made available to the buyer at any time upon his request, unless the buyer raises an objection (as specified in the Personal Data Processing Policy).
12.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the purchase contract is withdrawn, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
12.8 Information about the goods and the price provided by the seller in the web interface of the online store are binding, with the exception of obvious errors.
12.9 The buyer is not entitled to assign any claim against the seller to a third party without the prior written consent of the seller.
13. Protection of personal data
13.1 Your obligation to provide information to the buyer in accordance with Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 Data Protection Regulation) , related to the processing of the buyer's personal data, the seller complies with the Personal Data Processing Policy, available here http://diwear.cz/prohlaseni-o-ochrane-osobnich-udaju-eu/
14. Delivery
14.1 Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via the postal service operator (at the sender's choice). It is delivered to the buyer to the e-mail address specified in his user account or order.
15. Dispute Resolution
15.1 Mutual disputes between the seller and the buyer are resolved by general courts.
15.2 According to the Consumer Protection Act, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
15.3 An out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's proposal, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
15.4 The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website www.ec.europa.eu/consumers/odr/.
16. Final Provisions
16.1 The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
16.2 The seller may change or supplement the wording of these terms and conditions. This provision does not affect the rights and obligations arising from purchase contracts concluded during the effective period of the previous version of the terms and conditions.
16.3 If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
16.4 The buyer has the option to communicate any complaints to the seller in writing, or electronically via e-mail to the seller's e-mail address (see Article 1). However, the buyer reserves the right not to respond to complaints from third parties who have not concluded a purchase contract with the seller.
16.5 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
16.6 These terms and conditions enter into force and become effective on February 14, 2024.