Terms and Conditions
TERMS AND CONDITIONS
Operator: AROBO - Woodener and Wood gift s.r.o.
Headquarters: Pražákova 1008/69, Štýřice, 639 00 Brno, Czech Republic
Identification number: 25344013
For the sale of goods through the online store located at www.woodener.com.
INTRODUCTORY PROVISIONS 1.1. These terms and conditions of www.woodener.com (hereinafter referred to as "seller") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller’s online store. The online store is operated by the seller on the website located at www.woodener.com (hereinafter referred to as the "website"), via the web interface (hereinafter referred to as the "web shop interface").
1.2. These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within their business activities or within their independent exercise of a profession.
1.3. Deviations from these terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
1.4. The provisions of these terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5. The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
User Account
2.1. Based on the buyer’s registration on the website, the buyer may access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the web shop interface allows it, the buyer can also place orders for goods without registration directly from the web shop interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide accurate and truthful information. The buyer is obliged to update the information in the user account whenever any changes occur. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access their user account.
2.4. The buyer is not authorized to allow third parties to use their user account.
2.5. The seller may cancel the user account, especially in cases where the buyer has not used their user account for more than 24 months or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software or necessary maintenance of third-party hardware and software.
Conclusion of the Purchase Agreement
3.1. All presentations of goods placed in the web shop interface are informational, and the seller is not obligated to conclude a purchase agreement regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
3.2. The web shop interface contains information about the goods, including the price of each item. Prices include all related fees. The prices of goods remain valid for as long as they are displayed in the web shop interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
3.3. The web shop interface also includes information about the costs associated with packaging and delivery of goods.
3.4. To order goods, the buyer fills in the order form on the web shop interface. The order form includes, in particular, information about:
3.4.1. the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart of the web shop interface), 3.4.2. the method of payment for the purchase price of the goods, details of the required delivery method for the ordered goods, and 3.4.3. information about the costs associated with delivery (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data they have entered into the order, including the ability to detect and correct errors in the data entered into the order. The buyer sends the order to the seller by clicking the "Order" button. The data entered in the order is considered correct by the seller.
3.6. The submission of the order is considered an act by the buyer that unambiguously identifies the ordered goods, the purchase price, the buyer's details, the method of payment for the purchase price, and is a binding offer for the purchase agreement between the parties. The condition for the validity of the order is the completion of all required fields in the order form, acquaintance with these terms and conditions on the website, and the buyer's confirmation that they have read these terms and conditions.
3.7. The seller will confirm the receipt of the order promptly by email, sent to the buyer’s email address provided in the user interface or the order (hereinafter referred to as the "buyer’s email address").
3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), to ask the buyer for additional confirmation of the order (e.g., in writing or by phone).
3.9. The offer of the purchase agreement in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer is formed by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email to the buyer's email address.
3.11. If any of the buyer's requests in the order cannot be fulfilled by the seller, the seller will send the buyer a modified offer via email, indicating possible variants of the order and requesting the buyer’s opinion.
3.12. A modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded only when the buyer accepts it via email.
3.13. The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, phone call charges) are borne by the buyer, and these costs do not differ from the basic rates.
Price of Goods and Payment Terms
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement may be paid by the buyer to the seller in the following ways:
By bank transfer to the seller’s account No.: 243695062/0600, held with MONETA Money Bank, a.s. (hereinafter referred to as "seller’s account");
IBAN: CZ0506000000000243695062
BIC/SWIFT: AGBACZPP
By card payment.
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes delivery costs.
4.3. The seller does not require the buyer to pay a deposit or other similar payment. This does not affect the provision of Article 4.6 of these terms and conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of a bank transfer, the purchase price is due within 14 days from the conclusion of the purchase agreement.
4.5. In the case of a bank transfer, the buyer is obliged to pay the purchase price together with the indication of the payment reference number. In the case of a bank transfer, the buyer’s obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the seller's account.
4.6. The seller is entitled to request full payment of the purchase price before sending the goods to the buyer, especially in the case where the buyer has not confirmed the order (Article 3.8). The provisions of § 2119 paragraph 1 of the Civil Code do not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is customary in business practice or required by binding legal regulations, the seller will issue a tax document – an invoice regarding payments made under the purchase agreement. The seller is not a VAT payer. The tax document – invoice will be issued by the seller to the buyer after the purchase price is paid and will be sent in electronic form to the buyer’s email address.
Withdrawal from the Purchase Agreement
5.1. The buyer acknowledges that, according to § 1837 of the Civil Code, the purchase agreement cannot be withdrawn in the following cases:
- 5.1.1. delivery of goods that have been customized according to the buyer's request or for their personal use,
- 5.1.2. delivery of goods in a sealed package that the buyer has unsealed and, for hygienic reasons, cannot be returned,
5.2. Unless it is a case described in Article 5.1 or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receiving the goods, and if the purchase agreement concerns several types of goods or the delivery of several parts, this period begins from the
Transport and Delivery of Goods
6.1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obligated under the purchase agreement to deliver goods to a place designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
6.3. In case the goods need to be delivered repeatedly or in a manner other than specified in the order due to reasons on the buyer's side, the buyer is obligated to pay the costs associated with repeated delivery or delivery by a different method.
6.4. Upon receiving the goods from the carrier, the buyer is obligated to check the integrity of the packaging and, in case of any defects, immediately inform the carrier. If the packaging is found to be damaged, indicating unauthorized tampering with the shipment, the buyer is not required to accept the shipment from the carrier.
Rights from Defective Performance
7.1. The rights and obligations of the contracting parties concerning rights from defective performance are governed by the relevant generally binding regulations (especially Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free from defects at the time of delivery. In particular, the seller is responsible to the buyer that at the time of receipt:
7.2.1. The goods have the properties agreed upon by the parties, and if no such agreement exists, the goods have the properties that the seller or manufacturer described or that the buyer expected based on the nature of the goods and the advertising conducted by them,
7.2.2. The goods are suitable for the purpose the seller states or for which such goods are commonly used,
7.2.3. The goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship was determined based on the agreed sample or model,
7.2.4. The goods are of the correct quantity, measure, or weight, and
7.2.5. The goods meet legal requirements.
7.3. The provisions in Article 7.2 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, for wear and tear caused by the usual use of the goods, for used goods where the defect corresponds to the degree of use or wear the goods had upon receipt, or if it arises from the nature of the goods.
7.4. If a defect becomes apparent within six months of delivery, the goods are presumed to have been defective at the time of delivery.
7.5. The buyer may exercise rights from defective performance at the seller's place of business where complaints are accepted in relation to the assortment of goods sold, or at the seller's registered office or place of business.
7.6. Further rights and obligations of the parties related to the seller's responsibility for defects may be regulated by the seller's complaint procedure.
Other Rights and Obligations of the Contracting Parties
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is responsible for the extrajudicial resolution of consumer disputes arising from the purchase agreement.
8.4. The seller is authorized to sell goods based on a trade license. Trade control 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 Authority performs supervision in the scope defined by law, including compliance with Act No. 634/1992 Coll. on consumer protection, as amended.
8.5. The buyer assumes the risk of a change in circumstances as per Section 1765 (2) of the Civil Code.
Personal Data Protection
9.1. The protection of the buyer's personal data, if the buyer is an individual, is provided by Act No. 101/2000 Coll. on Personal Data Protection, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller for the purposes of fulfilling the rights and obligations under the purchase agreement and for the purpose of managing the user account. Unless the buyer opts otherwise, the buyer agrees to the processing of personal data by the seller also for the purpose of sending information and marketing communications to the buyer. Consent to the processing of personal data in full accordance with this article is not a condition that would itself prevent the conclusion of the purchase agreement.
9.4. The buyer acknowledges that they are obligated to provide their personal data (during registration, in their user account, or when placing an order via the website) correctly and truthfully and that they are obligated to inform the seller of any changes in their personal data without undue delay.
9.5. The seller may entrust third parties, such as processors, to process the buyer's personal data. Except for persons delivering goods, the seller will not provide personal data to third parties without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the provided personal data is accurate and that they have been informed that the provision of personal data is voluntary.
9.8. If the buyer believes that the seller or the processor (Article 9.5) is processing their personal data in violation of their privacy or the law, particularly if the personal data is inaccurate in relation to the purpose of processing, they may:
9.8.1. Request an explanation from the seller or processor.
9.8.2. Request the seller or processor to rectify the situation.
9.9. If the buyer requests information about the processing of their personal data, the seller is obligated to provide this information. The seller may charge a reasonable fee for providing this information, not exceeding the costs necessary to provide it.
Sending Marketing Communications and Storing Cookies
10.1. The buyer agrees to receive information related to the goods, services, or business of the seller at their email address and further agrees to receive marketing communications from the seller at their email address.
10.2. The buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing cookies on the buyer's computer, the buyer may revoke this consent at any time.
Delivery
11.1. Notifications concerning the relationship between the seller and the buyer, especially regarding withdrawal from the purchase agreement, must be delivered by mail in the form of a registered letter unless otherwise specified in the purchase agreement. Notifications are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of delivery via mail, except for notifications of withdrawal from the agreement made by the buyer, where withdrawal is effective if the notification is sent within the withdrawal period.
11.2. A notification that has been refused by the recipient, which was not collected during the storage period, or which was returned as undeliverable, is also considered delivered.
11.3. The contracting parties may deliver ordinary correspondence to each other via email to the email address provided in the buyer's user account or provided by the buyer in the order, or to the address provided on the seller's website.
Final Provisions
12.1. If the relationship based on the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision that most closely matches the purpose of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase agreement or the terms and conditions require written form.
12.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions is a sample form for withdrawal from the purchase agreement.
12.5. Contact details of the seller: email address info@woodener.com, phone +420 739 018 747.
In Brno on January 3, 2022