You are reading the general terms and conditions ("Terms and Conditions") of Ondřej Sochůrek, ICO 05560438, with registered office at Na Dlaskově 94, 251 69, Velké Popovice - Brtnice, Czech republic, which is registered in the Trade Register maintained by the Municipal Office of Říčany ("we").
We have prepared these Terms and Conditions, which govern the rules for the contract of sale and the relationship between us (the seller) and you (the buyer). We enter into a contract of sale (the "Contract") with you through our e-shop, which can be found at www.woodflag.eu (the "e-shop").
The Complaints Procedure is part of these Terms and Conditions. Details of complaints can be found below.
To get started, we definitely recommend reading the Terms and Conditions in full. However, to make it easier for you to find answers to the most common questions, we have prepared a summary of the most important points of the Terms.
- As our customer, you come first, we always strive to find a solution that you and we are happy with.
- By placing the goods in the basket, filling in the required data and submitting the order, you enter into a contract with us.
- We look after your personal data like the back of our hand. You can read more here.
- For some of our goods, you may have the right to withdraw from the Contract within 14 days of delivery. This means that if you let us know within 14 days that you are withdrawing from the Contract and return the purchased goods to us, we will refund the purchase price and postage. You do not have to tell us the reason for the return, but if you tell us, it will help us to improve our service. The goods you return must be unused and only unpacked. If possible, please also send us the goods in their original packaging. If you wish to withdraw from the Contract, the easiest way to do so is to send us a withdrawal form, which you will find attached to these Terms and Conditions, and send the goods by post to our address at Na Dlaskově 94, 251 69, Velké Popovice - Brtnice, Czech republic.
- The goods are intended for indoors. If you use it outdoors, it may fade, crack, shrink or otherwise become damaged more quickly. We are not responsible for such defects.
- Please check the packaging or the entire package for damage when you receive it from the carrier. If so, you may not accept the package and please let us know about the damage as soon as possible.
- If you have any problems or questions, please email us at email@example.com or call us at +420 770 667 795. We are here for you and we will be happy to help you with anything.
1. At the beginning
1.1. The purpose of these Terms and Conditions is to explain to you what our mutual rights and obligations are in connection with or under the Contract concluded between us through the e-shop and to inform you about them. By agreeing to these Terms as part of the ordering process, they become part of the Contract and you agree to be bound by them. We may agree with each other on other terms of the Contract, in which case these Terms will apply only to the extent that we have not agreed otherwise.
1.2. You can always contact us using these details:
Address: Na Dlaskově 94, 251 69, Velké Popovice - Brtnice, Czech republic
Phone: +420 770 667 795
2. Customer account
2.1. You can create and set up your customer account on the e-shop. In it you will then find an overview of your orders. You can shop, order goods and enter into a contract with us both with and without registering an account.
2.2. You are required to provide only correct, current and complete information and data when registering for an account. You are also required to update your information in the event that it changes. We consider the information provided in the customer account and when ordering goods to be correct.
2.3. Your customer account is protected by a username and password, which you are obliged to keep confidential and protect against misuse. We are not responsible for any misuse of your customer account by third parties. Do not disclose your access details to third parties or allow them to use it. If you believe that your access data may have been stolen or your account misused, please inform us immediately so that we can agree on a course of action.
2.4. Please note that we may terminate your customer account, particularly if you do not use it for an extended period of time (minimum 12 months) or if you breach your obligations under the Agreement or the Terms. We will let you know in advance.
3. How can you order our goods?
3.1. All presentation of goods placed on the e-shop is of an informative nature and we are not obliged to enter into a contract in respect of such goods.
3.2. You can order goods as follows:
a) via your customer account after prior registration on the e-shop;
b) by filling in the order form without registration.
3.3. When completing the order, you choose the goods, the number of items, the method of payment of the purchase price and the method of delivery of the goods to you.
3.4. You are free to check and, if necessary, change any data before the order is sent. To submit your order, click on the "Submit Order" button. We consider the information provided in the order to be correct. We are not liable for any damage caused by incorrect, outdated or incomplete data. Before submitting your order, you must complete all your details and confirm that you have read, agree to and will abide by these Terms and Conditions.
3.5. By placing an order you enter into a Contract with us on the terms and conditions set out in the order, these Terms and Conditions and the Contract.
3.6. We will confirm your order electronically by e-mail. If we do not have the goods currently in stock we will inform you immediately and we will also let you know the approximate delivery time. You can decide if you want to send your order partially fulfilled, wait for the currently unavailable goods or even cancel the order (we will be sorry, but we understand). In the event of cancellation of the order (withdrawal from the Contract) due to unavailability of goods, we will refund your money as soon as possible.
3.7. By entering into the Agreement, you agree to the use of remote means of communication. You are responsible for the costs incurred in the use of distance communication means in connection with the conclusion of the Agreement (in particular internet connection or telephone call costs), which are no different from the standard rate.
3.8. In the event that there is an obvious technical error on our part in quoting the price of the goods on the e-shop or during the order process, we are not obliged to deliver such goods to you for this obviously incorrect price. We will, of course, inform you of the error without undue delay and send you an amended quotation by e-mail. This shall be deemed to be a new draft Contract and the Contract shall only be concluded in such a case upon your confirmation that you agree to the new price.
4. How can you pay us for the goods?
4.1. We are not subject to VAT and the prices are quoted as final including all related fees. Prices are valid on the day of ordering the goods.
4.2. The goods can be paid for by credit card online, in advance via the GOPAY payment gateway or PayPal.
4.3. After payment of the price of the goods, we will issue an invoice, which will be sent to you in electronic form by e-mail.
5. How and when will we deliver the goods to you?
5.1. We ship goods as quickly as possible. If the delivery takes longer than this, we will inform you of the delivery date without delay.
5.2. In the event that we do not currently have the goods in stock, we will also inform you immediately and at the same time inform you of the approximate delivery time. In this case, you have the right to cancel your order and withdraw from the Contract.
5.3. We will send you the ordered goods via shipping services (PPL, DPD, Zásilkovna, DHL).
5.4. Postage and packing is charged according to the current tariff, which will always appear during the ordering process.
6. How does shipping and delivery work?
6.1. We will deliver the goods to the place specified in the order. You are then obliged to take delivery of the goods. In the event that you do not take delivery of the goods, we will treat this as a withdrawal from the Contract, in which case we shall be entitled to claim compensation for the costs involved.
6.2. In the event that the goods have to be delivered repeatedly or in a different way than specified in the order for reasons on your side, you are obliged to pay the costs associated with the repeated delivery of the goods or with a different method of delivery.
6.3. When you receive the goods, please check the packaging of the goods carefully to ensure that they are intact and notify the carrier immediately in the event of any defects. If the packaging of the goods is damaged, you may not accept the shipment from the carrier.
6.4. You acquire ownership of the goods by paying the full purchase price (including delivery costs), but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to you at the time of taking delivery of the goods or at the time when you were obliged to take delivery of the goods but failed to do so in breach of the Contract.
7. What about withdrawing from the Contract and returning the goods?
7.1. This article of the Terms and Conditions applies only to consumers, i.e. those who enter into a Contract with us outside the scope of their business activities. Simply put, if you are buying from us "on an ID", you do not have the right to withdraw from the Contract within 14 days without giving reasons.
7.2. As a consumer, you have the option to withdraw from the contract within 14 days of receipt of the goods, without giving any reason. The returned goods must be unused and undamaged. The goods must still be able to be distributed after withdrawal. In the event of withdrawal, you are also obliged to return any gifts you may have received with your order.
7.3. Please note that you cannot withdraw from the Contract if the goods have been customised to your wishes or for your person (for example, a flag with the colours of your choice).
7.4. You may use the sample form for withdrawal from the Agreement, which can be found in the Appendix to these Terms and Conditions.
7.5. In the event of withdrawal from the Contract, the Contract shall be cancelled from the outset. This means that you will return the goods to us and we will refund the purchase price paid, including the lowest postage we offer. You must send the goods to us within 14 days of withdrawal from the Contract. You are responsible for the cost of sending the goods back to us.
7.6. In the event of withdrawal from the Contract, we will refund the purchase price to you in the same manner as we originally accepted it from you. However, we may agree on a different refund of the purchase price. We will refund the Purchase Price within 14 days from the time you withdrew from the Contract. However, we may delay payment until we receive the returned goods back or until you can prove to us that you have sent the goods (for example, by confirmation from the carrier).
7.7. We are entitled to unilaterally offset the claim for compensation for damage to the goods against your claim for a refund of the purchase price. This means that if we incur damage to the returned goods, we will deduct this from the original purchase price and refund any balance to you.
7.8. The goods, including any gifts, must be sent or delivered personally to our address Na Dlaskově 94, 251 69, Velké Popovice - Brtnice, Czech republic. Please do not send goods to us by cash on delivery.
7.9. We are also entitled to withdraw from the Contract due to stock-outs, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. We will notify you immediately by email in such a case and within 14 days we will refund all monies, including delivery costs, received from you under this Contract in the same or any other manner we agree.
8. Claims or what about liability for defects?
8.1. We are responsible for ensuring that the goods are free from defects upon receipt. This means that at the time you take delivery of the goods, we are responsible in particular for:
a) it has the characteristics that we have agreed and, in the absence of such agreement, those characteristics that we or the manufacturer have described or that you might have expected in view of the nature of the goods and on the basis of the advertisement provided by us;
b) the goods are fit for the purpose we state for their use;
c) the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen;
d) the goods are in the appropriate quantity, measure or weight; and
e) the goods meet the requirements of the legislation.
8.2. You may exercise your rights under the defective performance within twenty-four (24) months of receipt of the goods. If the defect becomes apparent within twelve (12) months of receipt, the goods are deemed to have been defective on receipt.
8.3. The complaint must contain at least a description of the defects in the goods and the requested method of settlement of the complaint.
8.4. The goods should be delivered complete, i.e. as you received them from us.
8.5. Warranty and liability claims do not apply to:
a) defects arising from the nature of the goods;
b) wear and tear of the goods through normal use;
c) used goods, where the defect corresponds to the degree of wear and tear;
d) defects that you knew about or that you caused;
e) goods that were sold at a lower price for the defect for which the lower price was agreed;
f) Different shades of colours in reality and on monitors or displays cannot be considered as a defect of the goods;
g) an obstacle caused by force majeure shall not be considered a defect in performance;
h) defects caused by weather conditions, as our goods are intended for indoor use.
8.6. If the goods are defective, you may make a claim and, at your option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
a) remedy the defect by supplying a new item without the defect or by supplying the missing item;
b) the defect is repaired free of charge;
c) a reasonable discount on the price; or
d) refund of the price based on withdrawal from the Contract.
8.7. For a defect that constitutes a non-substantial breach of the Contract (regardless of whether the defect is remediable or irremediable), you are entitled to:
a) to remove the defect;
b) a reasonable discount on the price.
8.8. When making a claim, you are obliged to state which right you have chosen. A change of choice without our consent is only possible if you have requested the repair of a defect that proves to be irremediable. If you do not elect your right for a material breach of the Contract in time, you have the same rights as for a non-material breach of the Contract.
8.9. If you are a consumer, we will make a decision on your complaint within 3 working days, or if a professional assessment is needed to make a decision. We will then deal with the complaint, including the rectification of the defect, without undue delay, within 30 days of the complaint being made, unless we agree with you on a longer period. You are entitled to reimbursement of the costs reasonably incurred in making the claim, which are understood to be the lowest possible costs.
8.10. If you are an entrepreneur, we will decide on your complaint, or if a professional assessment is needed to make a decision, as soon as possible, but we do not have a fixed deadline for such a decision. We will assess your claim within a reasonable time and send you written confirmation of the date and method of handling the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
8.11. As a consumer or business, you have the right to be reimbursed for the costs reasonably incurred in making a claim, where these costs are understood to be the lowest possible.
8.12. At the end of the complaint procedure, we will send you an electronic confirmation of the date and method of handling the complaint, a confirmation of the repair and the duration of the complaint, or a justification for rejecting the complaint.
8.13. You can make a complaint at Na Dlaskově 94, 251 69, Velké Popovice - Brtnice, Czech republic. Please do not send the goods to us by cash on delivery, we will not take it into consideration.
9. What are our other rights and obligations to each other?
9.1. We handle your complaints via a contact email address. We will send you information about the handling of your complaint to your email address.
9.2. If the buyer is a consumer, according to the Consumer Protection Act, the buyer has the right to out-of-court settlement of a consumer dispute. You can contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Czech republic, email: firstname.lastname@example.org,web: adr.coi.cz). The resolution will be initiated only at the consumer's request, in case it is not possible to resolve the dispute directly with us as the seller. The consumer may submit the application within 1 year from the date on which you first exercised your right with us as the seller. You can also start an out-of-court dispute resolution procedure online via the ODR platform available here: ec.europa.eu/consumers/odr/.
9.3. We are authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
10. Final provisions
10.1. Please note that the customer account and the e-shop may not be available around the clock, in particular with regard to necessary maintenance of our hardware and software or necessary maintenance of such third party equipment.
10.2. If the relationship established by the Contract contains an international (foreign) element, then we agree that this relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation. These Terms and Conditions are in the Czech language and we conclude the Contract in the Czech language.
10.3. If any provision of the Terms is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. All rights to our e-shop, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to us. It is forbidden to copy, modify or otherwise use the e-shop or parts of it without our consent.
10.5. We are not liable for errors resulting from third party intervention in the e-shop or from its use contrary to its intended use. When using the e-shop, you must not use any procedures that could have a negative effect on its operation, nor must you carry out any activity that could allow us or third parties to interfere with or make unauthorised use of the software or other components that make up the e-shop, or use the e-shop or its parts or software equipment in a way that would be contrary to its purpose or intent.
10.6. The Agreement, including these Terms, is archived in electronic form and is not publicly available. If you need it, please email us and we will be happy to send it to you.
10.7. A sample form for withdrawal from the Contract is attached to these Terms and Conditions.
10.8. We may issue new versions and updates of these Terms. You can always find the current version on the e-shop. The Contract that we have entered into together shall always be governed by the Terms that were in force and effect on the date of the Contract. Simply put, a change to the Terms will not affect purchases already made.
These Terms and Conditions apply from 01. 07. 2022
Withdrawal from the Contract within 14 days
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Requested method of refund: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Any bank account number / bank code to which I wish to refund the purchase price:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ _ _ _ _ _ _ _ _ _ _ _
Returned Products _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Reason for return:
(you can tick any of the options listed for our convenience, but you are not obliged to do so)
❏ do not like the color
❏ inconvenient dimension
❏ unsatisfactory material
❏ the goods look different than I expected
❏ late delivery
❏ other goods delivered
Date and signature of the customer