Terms and Conditions
DEAR CUSTOMERS, PLEASE READ THE CONSUMER INFORMATION AND TERMS AND CONDITIONS BELOW CAREFULLY BEFORE SUBMITTING YOUR ORDER. BY CONCLUDING A PURCHASE AGREEMENT WITH US, YOU UNRESERVEDLY ACCEPT THESE TERMS AND CONDITIONS AND COMMIT TO COMPLY WITH THEM.
These terms and conditions (hereinafter referred to as the " Terms and Conditions ") of Jiří Ryšánek, an individual entrepreneur, ID: 883 64 372, with registered office at Bartoškova 1411/22, 140 00 Prague 4, business license ZÚJ: 530883 – Vlašim, date of establishment 2. 1. 2012 (hereinafter referred to as the " Seller ") regulate, in accordance with the provisions of § 1751 paragraph 1 of 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 the Purchase Agreement (hereinafter referred to as the " Purchase Agreement ") concluded between the Seller and another natural person (hereinafter referred to as the " Buyer ") via the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.toohightodie.cz (hereinafter referred to as the " E‑shop "), through the website interface (hereinafter referred to as the " Store Web Interface ").
The terms and conditions further regulate the rights and obligations of the contracting parties when using the Seller's E-shop and other related legal relationships.
The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. If the Purchase Agreement contains a regulation of the rights and obligations of the contracting parties different from the wording of these Terms and Conditions, the wording of the Purchase Agreement takes precedence. The terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller acts when ordering goods as part of his business activity or as part of his independent profession.
The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
Purchase contract
The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.
All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to enter into a Purchase Agreement regarding these goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
The Buyer can place an order for goods in the E-shop by means of a properly filled out and sent order to the Seller. The order form mainly contains information about the ordered goods, which the Buyer places in the electronic shopping cart, about the method of payment of the purchase price for the goods, about the required method of delivery of the goods and the costs associated with the delivery of the goods, and about the desired place of delivery.
Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, especially with regard to the Buyer's ability to detect and correct errors that occurred when entering data before placing the order. The Buyer sends the order to the Seller by clicking the "Order" button. The information given in the order is considered correct by the Seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the order
By sending the order, the Buyer confirms his explicit, complete and unreserved agreement with the wording of these Terms and Conditions.
The Seller is entitled, depending on the nature of the order (e.g. with regard to the quantity of goods, the amount of the purchase price, the expected costs of transport, etc.) to ask the Buyer for additional confirmation of the order, e.g. by e-mail or by telephone.
The Seller is entitled to reject or return an order that does not meet the essential requirements and necessary data to the Buyer for completion and to provide him with a reasonable period for this. Its futile expiration results in the order being viewed as if it had never been delivered
The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's e-mail address specified in the order. The Buyer acknowledges that the purchase contract is not concluded if the Buyer's order is not accepted by the Seller or is accepted with a reservation.
The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) are covered by the Buyer himself, and these costs do not differ from the basic rate.
The risk of damage to the item passes to the Buyer upon receipt of the item. It has the same effect if the Buyer does not take over the item, even though the Seller has allowed him to dispose of it.
Product description and purchase price
The offered goods are always marked and illustrated in the E-shop together with a description of their main features and purchase price. The prices of goods in the E-shop are listed in Czech crowns, as final prices (i.e. including all possible taxes and fees), to which only the costs of packaging and delivery of the goods can be added, if they are charged.
The seller points out that the color shades of the photos of individual products may differ slightly from the color of the actual product due to the monitor settings of individual visitors. The seller is not responsible for this fact.
In case of any questions or ambiguities regarding the goods, their labeling or description, the Seller can be contacted at any time.
Method of payment of the purchase price
The purchase price of the goods and any costs associated with the delivery of the goods according to the Purchase Agreement can be paid by the Buyer to the Seller, if the Seller does not offer the Buyer other payment methods in a specific case, in the following ways:
- in cash on delivery at the place specified by the Buyer in the order;
- by non-cash transfer to the Seller's account No. 2601050424/2010, maintained at Fio banka, as (hereinafter referred to as the " Seller's Account ");
- cashless via the Comgate payment system
In the case of cash on delivery payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due on the date of conclusion of the Purchase Agreement.
The Seller is entitled to ask the Buyer to pay an advance payment for the goods up to the purchase price of the order, especially for orders of goods that have been adjusted based on the Buyer's request.
The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
Any discounts on the purchase price of goods provided by the Seller to the Buyer cannot be combined with each other.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
If it is customary in Business Relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - an invoice - to the Buyer regarding payments made on the basis of the Purchase Agreement. The seller is not a VAT payer. Tax document - the Seller issues the invoice to the Buyer after payment of the price of the goods and sends it in electronic form to the Buyer's e-mail address specified by the Buyer in his order
The consumer's right to withdraw from the contract
According to § 1829, paragraph 1 of the Civil Code, the buyer, who is a consumer, is entitled to withdraw from the Purchase Agreement within 14 days from the date of receipt of the goods without giving a reason. The withdrawal period is considered to have been observed if the Buyer sends a notice to the Seller that he is withdrawing from the Purchase Agreement. If the subject of the contract is several types of goods or the delivery of goods in several parts, the period starts from the date of acceptance of the last delivery of goods.
To withdraw from the Purchase Agreement, the Buyer can use the sample form for Withdrawal from the Purchase Agreement, which the Buyer can send, among other things, to the Seller's address Bartoškova 1411/22, 140 00 Prague 4 or to the Seller's e-mail address jirka@toohightodie.cz . The Seller will confirm to the Buyer without undue delay the receipt of the contract withdrawal form.
In case of withdrawal from the Purchase Agreement according to this article of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned to the Buyer-Seller within 14 days of delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature. If this is no longer possible (e.g. if the goods have been destroyed), the Buyer is obliged to provide the Seller with monetary compensation as consideration for what cannot be issued.
In case of withdrawal from the Purchase Agreement, the Buyer is obliged to return the goods in the original packaging or in packaging that prevents damage to the goods during transport, clean, complete and undamaged and including all labels from the manufacturer and all accessories that were delivered to the Buyer together with the goods.
If the returned goods are damaged or worn due to a breach of the Buyer's obligations, the Seller is entitled to make a claim against the Buyer for compensation for the reduction in the value of the goods and set it off against the Buyer's claim to return the purchase price for the goods.
In the event of withdrawal from the Purchase Agreement pursuant to this article of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 days of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, if the Buyer agrees to this and it does not incur additional costs for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller.
If the Buyer withdraws from the Purchase Agreement in accordance with this article of the Terms and Conditions, the Buyer bears the costs of returning the goods to the Seller and, in the case of a contract concluded via a means of distance communication, the costs of returning the goods, if these goods cannot be returned due to their usual nature by post.
The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the supply of goods that has been modified according to the wishes of the Buyer or for his person, from the Purchase Agreement for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the Purchase Agreement for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the Purchase Agreement for the supply of an audio or video recording or a computer program, if he violated their original packaging.
Withdrawal from the purchase contract by the seller
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, up to the time of acceptance of the goods by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, without cash to the account specified by the Buyer.
The Seller has the right to withdraw from the Purchase Agreement at any time in the event that, after the conclusion of the Purchase Agreement, the delivery of the goods is impossible for an objective reason, and thus the proper performance of the Purchase Agreement by the Seller is impossible. In the event that the Buyer has already paid for the goods in this case, the Seller will return the paid funds in full without undue delay, without cash to the account designated by the Buyer.
Complaints and liability for defects
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended). the goods have the properties agreed upon by the parties, and in the absence of an agreement, such properties that the Seller or the manufacturer has described or that can be expected with regard to the nature of the goods and on the basis of the advertising carried out,
The Seller is responsible 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:
- the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the Seller or the manufacturer has 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;
- the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used;
- the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs with consumer goods within 24 months of receipt. If the Buyer justifiably accuses the Seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective goods.
The provisions of § 2165 of the Civil Code regarding the Seller's liability for defects do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear that the goods had upon acceptance by the Buyer, or if this results from the nature of the goods. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself.
Rights from liability for product defects are exercised by the Seller, specifically in person at the Seller's headquarters at Bartoškova 1411/22, 140 00 Prague 4, by phone at +420 736 120 443 or by e-mail at jirka@toohightodie.cz .
Along with the claimed goods, the Buyer is obliged to state his name, surname, address, contact e-mail and telephone number, order or invoice number, date of claim, content and proper justification of the claim, including a description of the defect and the required method of handling the claim. In addition, the Buyer is obliged to submit a copy of the proof of purchase of the goods together with the claimed goods.
The Buyer is obliged to deliver the claimed goods to the Seller complete and properly packed against damage during transport. The risk of damage to the goods is borne by the Seller until it is delivered to the Buyer.
The time during which the Buyer is in arrears with sending the goods to the Seller is not included in the deadline for handling the complaint. The moment when the Seller receives the claimed goods from the Buyer is considered to be the moment of application of the complaint.
The Seller will confirm in writing to the Buyer's e-mail address specified by the Buyer in his order, when the Buyer has exercised the right from defective performance, what is the content of the claim and what method of handling the claim is requested by the Buyer. To the same e-mail address, the Seller also informs the Buyer about 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.
If the goods do not have the specified characteristics according to this article of the Terms and Conditions, the Buyer can also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge.
The Buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair the goods, he can demand a reasonable discount.
The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its parts 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.
If the goods have a defect for which the Seller is liable, and if the goods are sold at a lower price or a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.
The Buyer shall inform the Seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable. If the Buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of the Purchase Agreement.
Anyone who has a right according to § 1923 of the Civil Code is also entitled to reimbursement of costs purposefully incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.
The right of defective performance does not belong to the Buyer if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.
Additional rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
The Seller will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless the Buyer and the Buyer agree in writing on a longer period. The Seller is entitled to request a longer period from the Buyer in justified cases. After the expiration of this period, the Buyer has the same rights as if there had been a material breach of the Purchase Agreement.
Other rights and obligations
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) Civil Code.
Correspondence related to the Purchase Agreement may be delivered to the Buyer's electronic address, in person or through a postal service provider, unless otherwise agreed. It is delivered to the Buyer's electronic address.
The buyer assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
All content, photos, materials or products published on the toohightodie.cz website, including their names, designations or images, and including the names and designations or images of their producers and including all information about them, are or may be protected by copyright or other intellectual property rights ownership of the persons concerned. The content of these pages may not be stored, modified or distributed or otherwise dealt with without the express consent of the Seller.
Consumer complaints
The Seller handles consumer complaints via the electronic address jirka@toohightodie.cz. The Seller will send information about the processing of the Buyer's complaint to the Buyer's e-mail address.
According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from the Purchase Agreement. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More detailed information is available on the website www.coi.cz.
Czech Trade Inspection
Central Inspectorate - ADR department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Website: adr.coi.cz
The buyer-consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/ .
The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 . of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).
An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, 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 when the Buyer, as a consumer, exercised his right, which is the subject of the dispute, with the Seller for the first time.
The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended
Final provisions
The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The purchase contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.
If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).
These Business Terms and Conditions enter into force and effect on January 1, 2017. These Business Terms and Conditions fully cancel and replace all previous Business Terms and Conditions of the Seller. The last update was made on 5/15/2020.
The seller is entitled at any time to unilaterally change the Terms and Conditions with effect from the date he determines, and this date must not precede the date of the announcement of their new wording on the Internet. The Seller informs the Buyer about changes to the Business Terms and Conditions on the E-shop, or in another appropriate way, so that the Buyer can familiarize himself with the current wording of the Business Terms and Conditions without undue difficulty. It is considered that the Buyer who concludes the Purchase Agreement agrees with the new wording of the Terms and Conditions.
Contact details of the Seller:
- address for delivery: Bartoškova 1411/22, 140 00 Prague 4;
- e-mail address: jirka@toohightodie.cz ;
- telephone number: +420 736 120 443.
In Prague on 20 August 2024