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)