I. Basic Provisions

1. The data controller of personal data pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is Deloraine z.s., ID (IČ): 07925468, with its registered office at Chládkova 2024/28a, Žabovřesky, 616 00 Brno, Czech Republic (hereinafter: "Controller").

2. The contact details of the Controller are:

   • Name: Deloraine z.s.

   • Address: Chládkova 2024/28a, Žabovřesky, 616 00 Brno

   • Identification Number (IČ): 07925468

   • File Reference: L 25795, maintained by the Regional Court in Brno

   • Email: deloraine@email.cz

   • Phone: +420 731 938 493

3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

4. The Controller has not appointed a Data Protection Officer (DPO).

II. Sources and Categories of Processed Personal Data

1. The Controller processes personal data that you have provided or personal data obtained by the Controller based on the fulfillment of your order.

2. The Controller processes your identification and contact details and data necessary for the performance of the contract.

III. Legal Grounds and Purpose of Processing

1. The legal grounds for processing personal data are:

   • Performance of a contract between you and the Controller pursuant to Art. 6(1)(b) GDPR;

   • Legitimate interest of the Controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Art. 6(1)(f) GDPR;

   • Your consent to processing for the purposes of direct marketing (in particular for sending commercial communications and newsletters) pursuant to Art. 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, in the event that no goods or services have been ordered.

2. The purpose of processing personal data is:

   • Processing your order and exercising the rights and obligations arising from the contractual relationship between you and the Controller; when placing an order, personal data required for successful order fulfillment are requested (name, address, contact details); providing personal data is a necessary requirement for the conclusion and performance of the contract; without providing personal data, it is not possible to conclude or perform the contract by the Controller;

   • Sending commercial communications and conducting other marketing activities.

3. There is no automated individual decision-making by the Controller within the meaning of Art. 22 GDPR.

IV. Data Retention Period

1. The Controller stores personal data:

   • For the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the Controller and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship);

   • For the period until the consent to the processing of personal data for marketing purposes is withdrawn, but no longer than 5 years, if the personal data is processed based on consent.

2. Upon expiration of the retention period, the Controller shall delete the personal data.

V. Recipients of Personal Data (Controller’s Subcontractors)

1. The recipients of personal data are persons:

   • Involved in the delivery of goods / services / execution of payments based on the contract;

   • Providing e-shop operation services (Shoptet) and other services related to the operation of the e-shop;

   • Providing marketing services.

2. The Controller does not intend to transfer personal data to a third country (outside the EU) or an international organization. Recipients of personal data in third countries are providers of mailing services / cloud services.

VI. Your Rights

1. Under the conditions set out in the GDPR, you have:

   • The right of access to your personal data pursuant to Art. 15 GDPR;

   • The right to rectification of personal data pursuant to Art. 16 GDPR, or restriction of processing pursuant to Art. 18 GDPR;

   • The right to erasure of personal data pursuant to Art. 17 GDPR;

   • The right to object to processing pursuant to Art. 21 GDPR;

   • The right to data portability pursuant to Art. 20 GDPR;

   • The right to withdraw consent to processing in writing or electronically to the Controller's address or email specified in Section III of these conditions.

2. Furthermore, you have the right to lodge a complaint with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů) if you believe that your right to personal data protection has been violated.

VII. Data Security Conditions

1. The Controller declares that it has taken all appropriate technical and organizational measures to secure personal data.

2. The Controller has taken technical measures to secure data storage and storage of personal data in paper form, in particular passwords and data encryption.

3. The Controller declares that only persons authorized by the Controller have access to personal data.

VIII. Final Provisions

1. By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.

2. You agree to these terms by checking the consent box via the online form. By checking the consent box, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.

3. The Controller is entitled to change these conditions. The Controller will publish the new version of the Privacy Policy on its website and, at the same time, will send the new version of these conditions to the e-mail address you provided to the Controller.

These conditions take effect on May 12, 2021.

 

 

Terms and Conditions

General Terms and Conditions and Complaints Procedure of the Deloraine Webshop (hereinafter referred to as "T&C")

Seller Details:

• Name: Falkenna s.r.o.

• Registered Office: Chládkova 2024/28a, Žabovřesky, 616 00 Brno, Czech Republic

• Company ID (IČ): 14365065

• Tax ID (DIČ): CZ07925468

• File Reference: C 127985, maintained by the Regional Court in Brno

• E-shop URL: http://www.deloraine.cz

• E-mail address: deloraine@email.cz

• Phone: [Insert Phone Number]

Bank Details for CZK Payments:

• Account Number: 1481880006/2700

• IBAN: CZ4027000000001481880006

• SWIFT: BACXCZPP

1. INTRODUCTORY PROVISIONS

These General Terms and Conditions (hereinafter "T&C") of the Seller named above (hereinafter "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter "Purchase Agreement") concluded between the Seller and another person (hereinafter "Buyer"), including through the Seller's online store. The online store is operated by the Seller on the URL address stated in the header, via a website interface (hereinafter "Web Interface").

Provisions deviating from these T&C may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of these T&C.

The Purchase Agreement and the T&C are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language. (Note: This translation serves for the convenience of English-speaking customers.)

The Seller may change or supplement the wording of the T&C. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the T&C.

The T&C are an integral part of the Purchase Agreement. By submitting an order, the Buyer confirms that they have familiarized themselves with these T&C, as well as the Complaints Procedure and the Privacy Policy, and that they agree with them without reservation in the version valid at the moment the order is sent.

These T&C are in compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and Regulation (EU) 2016/679 (GDPR).

2. USER ACCOUNT

Based on registration on the website, the Buyer can access their user interface. From their user interface, the Buyer can perform ordering of goods (hereinafter "User Account"). If the Web Interface allows it, the Buyer may also order goods without registration.

When registering and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the User Account upon any change. Data provided by the Buyer are considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and must not allow third parties to use it.

The Seller may cancel the User Account, especially if the Buyer has not used it for more than five years or if the Buyer breaches their obligations under the Purchase Agreement.

3. CONCLUSION OF THE PURCHASE AGREEMENT

All presentation of goods in the Web Interface is for informative purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply.

The Web Interface contains information about the goods, including prices. Prices include VAT, recycling fees, and all related charges. Prices remain valid as long as they are displayed.

To order goods, the Buyer fills out the order form in the Web Interface, which contains information about:

• Ordered goods (placed into the electronic shopping cart),

• Method of payment and delivery,

• Costs associated with delivery (collectively "Order").

The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer (internet, phone calls) are borne by the Buyer and do not differ from the standard rate.

The Purchase Agreement is concluded upon the acceptance of the order by the Seller. The subject of the agreement is the goods specified in the order confirmation. Displayed accessories are not part of the goods unless explicitly stated.

4. PAYMENT TERMS

Goods will be handed over to the Buyer only after full payment of the purchase price and delivery costs.
The Buyer may pay via:

• Cashless bank transfer to the account specified in the header.

In the case of a bank transfer, the purchase price is payable within 7 days of the conclusion of the Purchase Agreement. The Buyer’s obligation is fulfilled when the amount is credited to the Seller's account. Ownership of the goods passes to the Buyer upon full payment.

5. DELIVERY TERMS

The place of delivery is the address specified by the Buyer in the order. Goods will be delivered within 30 business days unless a shorter period is specified on the product page.

The Buyer is obliged to inspect the goods upon receipt from the carrier. If damage to the package is found, the Buyer should record this as a reservation on the carrier's transport document and notify the Seller within 3 business days, including photo documentation of the damaged goods and packaging.

The Seller reserves the right to unilaterally change the carrier if it is in the Buyer's favor (e.g., due to carrier load), without charging the Buyer extra.

6. WITHDRAWAL FROM THE PURCHASE AGREEMENT

The Buyer acknowledges that, according to Section 1837 of the Civil Code, it is not possible to withdraw from a contract for the supply of goods customized to the consumer's wishes, perishable goods, or goods in sealed packaging that the consumer has unsealed and which cannot be returned for hygiene reasons.

Unless it is a case specified above, the Buyer (consumer) has the right to withdraw from the contract within fourteen (14) days of receiving the goods. Withdrawal must be sent to the Seller within this period.

In case of withdrawal, the contract is canceled from the beginning. Goods must be returned within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods.

The Seller will refund the money within 14 days of withdrawal using the same payment method, but not before the Buyer returns the goods or proves they have been sent. The Seller will also refund the cheapest delivery cost offered on the e-shop.

7. RIGHTS FROM DEFECTIVE PERFORMANCE (Complaints Procedure)

The rights and obligations of the parties regarding rights from defective performance are governed by the Civil Code and the Consumer Protection Act.

The Seller is responsible for ensuring that the goods have no defects upon receipt (e.g., they have agreed properties, are fit for purpose, and comply with legal requirements).

The warranty does not apply to:

• Defects for which a discount was given,

• Wear and tear caused by normal use,

• Defects caused by the Buyer (improper use, storage, maintenance),

• Natural properties of materials (e.g., wood/bamboo texture or smell, minor differences in ceramic glaze).

For consumer goods, the Buyer is entitled to exercise the right to claim a defect within twenty-four (24) months of receipt.

Complaint Procedure:
The Buyer should notify the Seller of the defect and choose a remedy (repair, replacement, discount, or withdrawal if the defect is a material breach). The Seller must decide on the complaint immediately, in complex cases within three business days. The complaint, including the removal of the defect, must be settled within 30 days.

Goods sent for a complaint should be clean and properly packed.

8. DISPUTE RESOLUTION

If a dispute arises that cannot be settled by agreement, the Buyer (consumer) has the right to an out-of-court settlement. The competent authority is the Czech Trade Inspection (Česká obchodní inspekce - ČOI), website: www.coi.cz.

9. PRIVACY POLICY (GDPR)

By entering into the contract, the Buyer grants consent to the processing of personal data (name, address, ID, e-mail, phone) for the purposes of fulfilling the contract, managing the user account, and sending commercial communications (based on legitimate interest).

Data may be processed by third parties (carriers, payment providers). The Buyer has the right to access, correct, delete, or object to the processing of their data.

10. FINAL PROVISIONS

All contractual relationships are governed by the laws of the Czech Republic. If any provision is or becomes invalid, it shall be replaced by a provision whose meaning is as close as possible to the invalid one.

Last updated in Brno, May 12, 2021

ANNEX NO. 1: MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: Falkenna s.r.o., Chládkova 2024/28a, Žabovřesky, 616 00 Brno

I hereby give notice that I withdraw from my contract of sale of the following goods:

• Description of Goods:

• Order Number:

• Date of Order / Date of Receipt:

• Buyer’s Name and Surname:

• Buyer’s Address:

• Refund Method (e.g., Bank Account Number):

Date:
Signature: (only if this form is notified on paper)