Terms and conditions

We recommend that all our customers familiarize themselves with the terms and conditions and purchasing rules below, which provide all important information on how to proceed when purchasing in our store and how to communicate with us.

By confirming the order, the customer agrees to the terms and conditions of purchase listed below in the darkykpotisku.cz e-shop .

These general terms and conditions (“ Terms ”) of the company Vera Filipenska , with its registered office at Belgická 4164/4, 796 04 Prostějov , Company ID 723 61 140 , e-mail info@darkykpotisku.cz, telephone number +420 733 27 77 27 (“ We ” or “ Seller ”) regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“ Civil Code ”), the mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of the purchase contract (“ Contract ”) concluded through the E-shop on the website www.darkykpotisku.cz .

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here https://darkykpotisku.cz/ochrana-osobnich-udaju/ .

The provisions of these Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally change or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

As you are sure to know, we primarily communicate remotely. Therefore, our Contract also applies to the use of means of remote communication that allow us to reach an agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, via the website interface (" E-shop web interface ").

If any part of the Terms and Conditions contradicts what we have jointly agreed upon as part of your purchase process on Our E-shop, this specific agreement will take precedence over the Terms and Conditions.

1. SOME DEFINITIONS

• Price is the financial amount you will pay for the Goods;
• The shipping price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
• The total price is the sum of the Price and the Shipping Price;
• VAT is a value added tax according to applicable legal regulations;
• Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
• The Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
• A user account is an account established on the basis of the data provided by you, which allows for the storage of the entered data and the history of ordered Goods and concluded Contracts;
• You are the person shopping on Our E-shop, referred to by law as the buyer;
• Goods are everything you can buy in the E-shop.
• Content – all images, photographs, motifs and texts that the buyer includes in his order by placing on the seller's goods.

• Purchase of goods is only possible via the E-shop web interface.
• When purchasing goods, it is your obligation to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us when ordering goods to be correct and truthful.

• It is possible to conclude a contract with us only in the Czech language.
• The contract is concluded remotely via the E-shop, and the costs of using remote communication means are borne by you. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e. in particular for internet access), so you do not have to expect any additional costs charged by us beyond the total price. By sending the order, you agree that we use remote communication means.
• In order for us to conclude a contract, you must create a draft order in the E-shop. This draft must include the following information:

1. Information about the purchased Goods (in the E-shop, you mark the goods you are interested in purchasing by clicking the "Add to Cart" button);
2. Information about the price, shipping price, method of payment of the total price and the requested method of delivery of the goods; this information will be entered as part of creating an order proposal within the user environment of the E-shop, while information about the price, shipping price and total price will be provided automatically based on the goods you have selected and the method of delivery;
3. Your identification and contact details used to deliver the goods, in particular your name, surname, delivery address, telephone number and email address;
4. In the case of a contract under which we will deliver goods to you regularly and repeatedly, also information on how long we will deliver the goods to you.

• Based on your registration in the E-shop, you can access your user account.
• When registering a user account, it is your obligation to provide all entered data correctly and truthfully and to update it if it changes.
• Access to the user account is secured by a username and password. It is your obligation to maintain confidentiality regarding these access details and not to provide these details to anyone. We are not responsible for any misuse of these details.
• The user account is personal, and you are therefore not authorized to allow third parties to use it.
• We may cancel your user account, especially if you have not used it for more than 1 year or if you breach your obligations under the contract.
• The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

• The price is always stated in the E-shop, in the order proposal and of course in the contract. In the event of a discrepancy between the price stated for the goods in the E-shop and the price stated in the order proposal, the price stated in the order proposal will apply, which will always be identical to the price in the contract. The order proposal also states the price for shipping, or the conditions under which shipping is free.
• The total price is listed including VAT and all fees stipulated by law.
• We will request payment of the total price from you after the conclusion of the contract and before the delivery of the goods. You can pay the total price in the following ways:

1. By bank transfer. We will send you payment information within the order confirmation. In case of payment by bank transfer, the total price is due within 5 days.
2. Cash on delivery. In this case, payment will be made upon delivery of the goods as opposed to handing over the goods. In the case of payment by cash on delivery, the total price is payable upon receipt of the goods.
3. Cash upon personal collection. Cash payment is possible when the goods are collected at our premises. In the case of cash payment upon personal collection, the total price is payable upon receipt of the goods.
4. Online payments are provided for us by the payment gateway Comgate. The service provider, Comgate a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.

• The invoice will be issued in electronic form after payment of the total price and will be sent to your e-mail address. The invoice will also be physically attached to the goods and available in the user account.
• The ownership of the goods is transferred to you only after you have paid the total price and taken delivery of the goods. In the case of payment by bank transfer, the total price is paid by crediting it to our account, in other cases it is paid at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

• The goods will be delivered to you in the manner of your choice, and you can choose from the following options:

1. Personal collection at our location listed in the contact;
2. Personal collection at the delivery points of the company Zásilkovna, PPL;
3. Delivery via transport companies Zásilkovna, PPL;

1. extraordinary production outage of goods, whereby we will always inform you of the new expected availability time or information that it will not be possible to deliver the goods;
2. delay in delivery of goods from our supplier, and we will always inform you of the new expected delivery time.

• If we are unable to deliver the goods to you within 30 days of the expiry of the delivery period specified in the order confirmation, for any reason, we and you are entitled to withdraw from the contract.

• We guarantee that at the time of transfer of risk of damage to the goods pursuant to Article 7 of the Conditions, the goods are free from defects, in particular that:

1. has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the goods, or those that can be expected given the nature of the goods;
2. it is suitable for the purposes we have stated or for purposes that are usual for goods of this type;
3. corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;
4. is in the appropriate quantity and weight;
5. meets the requirements imposed on it by legal regulations;
6. is not encumbered by third party rights.

• Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• In the event that the goods have a defect, in particular if any of the conditions under Article 1 are not met, you can notify us of such a defect and exercise your rights arising from defective performance (i.e. claim the goods) by sending an e-mail or letter to our addresses listed in our identification data. You can also use the sample form provided by us for the claim, which forms Annex No. 1 to the Terms. In exercising your right to defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without our consent, except in cases pursuant to Article 7.4. We will handle the claim in accordance with the right to defective performance you have exercised. If you do not choose to resolve the defect, you have the rights specified in Article 7.5 even in situations where the defective performance was a material breach of contract.
• If the defective performance constitutes a fundamental breach of contract, you have the following rights:

1. to eliminate the defect by delivering new goods without defects, or by delivering the missing part of the goods;
2. to eliminate the defect by repairing the goods;
3. for a reasonable discount on the price;
4. to withdraw from the contract.

If you choose to resolve the problem according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have stated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you did not initially request them as part of the complaint. At the same time, if you choose to remove the defect by repairing the goods and we find that the defect is irreparable, we will notify you and you can choose another method of removing the defect.

• If the defective performance is a non-material breach of contract, you have the following rights:

1. to eliminate the defect by delivering new goods without defects, or by delivering the missing part of the goods;
2. to eliminate the defect by repairing the goods;
3. for a reasonable discount on the price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the contract. You can also withdraw if you cannot use the goods properly due to repeated occurrence of defects after repair of the goods or if there are a large number of defects in the goods.

• In the event of a material or non-material breach, you cannot withdraw from the contract or request delivery of a new item if you cannot return the goods in the condition in which you received them. However, this does not apply in the following cases:

1. if the condition of the goods has changed as a result of an inspection to detect a defect;
2. if the goods were used before the defect was discovered;
3. if the inability to return the goods in an unchanged condition was not caused by your actions or omissions,
4. if you have sold, consumed or altered the goods during normal use before the defect was discovered; however, if this has only occurred partially, you are obliged to return the part of the goods that can be returned and in such a case, you will not be refunded the part of the price corresponding to your benefit from using part of the goods.

1. goods that are sold at a lower price, for a defect for which the lower price was agreed;
2. wear and tear of the goods caused by their normal use;
3. used goods for a defect corresponding to the degree of use or wear and tear the goods had when you received them;
4. when this arises from the nature of the goods.

• withdrawal from the contract

• Withdrawal from the contract, i.e. termination of the contractual relationship between us and you from its beginning, may occur for the reasons and in the manner specified in this article, or in other provisions of the terms and conditions in which the possibility of withdrawal is explicitly stated.
• If you are a consumer, i.e. a person purchasing goods outside the scope of your business activity, you have the right to withdraw from the contract without giving any reason within 14 days from the date of delivery of the goods, in accordance with the provisions of §1829 of the Civil Code. If we have concluded a contract covering several types of goods or the delivery of several parts of goods, this period begins to run on the day of delivery of the last part of the goods, and if we have concluded a contract on the basis of which we will deliver the goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery. You can withdraw from the contract in any demonstrable way (in particular by sending an e-mail or letter to our addresses listed in our identification data). You can also use the sample form provided by us for withdrawal, which forms Annex No. 2 to the Terms.
• However, even as a consumer, you cannot withdraw from the contract in cases where the subject of the contract is:

1. goods whose price depends on fluctuations in the financial market independent of our will and which may occur during the withdrawal period;
2. delivery of alcoholic beverages, which can only be delivered after thirty days and their price depends on fluctuations in the financial market beyond our control;
3. goods that have been customized according to your wishes or for your person;
4. goods that are subject to rapid deterioration and goods that have been irreversibly mixed with other goods after delivery;
5. goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
6. delivery of a sound or video recording or computer program if the original packaging has been damaged;
7. delivery of newspapers, periodicals or magazines;
8. the delivery of digital content, unless it was supplied on a tangible medium and was supplied with your prior express consent before the withdrawal period expired and we have informed you that you do not have the right to withdraw from the contract.

• • We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
  • We handle consumer complaints via the email address info@darkykpotisku.cz . Information about the complaint will be sent to the buyer's email address.
  • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz , is responsible for the out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.
  • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz , is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

• Final provisions

• • If our legal relationship with you contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this agreement.
  • We will deliver all written correspondence with you by electronic mail. Our email address is listed in our identification data. We will deliver correspondence to your email address listed in the contract, in your User Account or through which you contacted us.
  • The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these terms and conditions, but this change will not affect already concluded contracts, but only contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a user account (so that you have this information in case you order new goods, but the change does not establish the right of termination, since we do not have a concluded contract that could be terminated), or we are to deliver the goods to you regularly and repeatedly based on the contract. We will send you information about the change to your e-mail address at least 14 days before the effective date of this change. If we do not receive a termination notice from you for the concluded contract for regular and repeated deliveries of goods within 14 days of sending the information about the change, the new terms and conditions become part of our contract and apply to the next delivery of goods following the effective date of the change. The notice period in the event that you submit a termination notice is 2 months.
  • In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure lasts for more than 10 days, both we and you have the right to withdraw from the contract.
  • Attached to the terms and conditions is a sample complaint form and a sample withdrawal form.
  • The contract, including the terms and conditions, is archived in electronic form with us, but is not accessible to you. However, you will always receive these terms and conditions and an order confirmation with a summary of the order by e-mail, so you will always have access to the contract even without our cooperation. We recommend that you always save the order confirmation and conditions.
  • These terms and conditions come into effect on October 1, 2022.

• ANNEX NO. 1 – COMPLAINT FORM
• ANNEX 2 – WITHDRAWAL FORM