GENERAL TERMS AND CONDITIONS

of the company Libristo Media s.r.o., ID No.: 04448367, with registered office at Sychrov 55, 755 01 Vsetín, Czech Republic, registered in the Commercial Register at the Regional Court in Ostrava, file No. C 63649, represented by Ing. Eva Kavinová, Executive Director,

for the sale of goods and digital content on https://www.libristo.cz.  

2 THE SCOPE OF VALIDITY AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

2.1 Choice of law. These General Terms and Conditions of Sale (hereinafter referred to as "GTC") of the Seller regulate, in accordance with Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as "Purchase Contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as "Customer" or "you") through our online store at https://www.libristo.cz.

2.2 International element. In the event of the existence of an international element, we agree that the legal relationship between us will be governed by the law of the Czech Republic, in particular the Civil Code of the Czech Republic. However, this choice of law in accordance with Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (hereinafter referred to as "Rome I") shall not deprive the customer of the protection afforded by the provisions of the law of the country of his habitual residence pursuant to Article 6(2) of Rome I.

2.3 E-shop. The online shop is operated by us on the website located at https://www.libristo.cz  (hereinafter referred to as the "Website").

2.4 Goods and digital content. On the website you can purchase:

a. goods offered by us;

b. digital content provided by us, in particular in the form of E-books or Audiobooks (hereinafter collectively referred to as "Digital Content").

2.5 Who is considered a consumer. Any natural person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a purchase contract with us or otherwise legally deals with the Seller (hereinafter referred to as "consumer") is considered a consumer.

2.6 Who is considered an entrepreneur. An entrepreneur is any natural person or legal person who carries on a gainful activity independently on his own account and responsibility on the basis of a trade license or otherwise with the intention of engaging in that activity on a regular basis with a view to making a profit (hereinafter referred to as "entrepreneurial activity"). This person concludes a purchase contract with the Seller or otherwise acts legally with the Seller in the course of his business activity (hereinafter referred to as the "entrepreneur" or “business customer”). We follow the principle that the provisions of these GTC applicable to entrepreneurs apply to the customer who provides his/her business registration number and, if applicable, VAT number.

2.7 Familiarizing yourself with the GTC and acceptance of the GTC. By submitting an order (the "Buy now" button), you confirm that you have read the GTC, including the disclosures to customers before entering into a purchase contract under these GTC and expressly agree to them in their valid and effective version at the time of this confirmation.

3 COMMUNICATION TO CUSTOMERS BEFORE THE PURCHASE CONTRACT IS CONCLUDED

3.1 Illustrative nature of the photographs of the goods. All photographs and displays of goods on the website are for illustrative purposes only.

3.2 Goods, price, cost. The goods offered by us on the website and a description of their main features is available for the respective goods. The prices of the goods are inclusive of VAT, including statutory charges, excluding shipping charges. We do not charge any additional costs for telecommunications (e.g. if you call us on our telephone number, you will only pay your normal telephone call rate).

3.3 Copyright. The digital content offered may not be recorded, copied or otherwise distributed. All text, images, graphics and other parts of the content are subject to copyright. Copying or sharing any part of the digital content is prohibited. No reproduction of any part of the Digital Content may be sold or distributed, nor may it be modified or incorporated into any work, including but not limited to any other work, publication or website.

3.4 Payment options. The specific terms of payment methods and delivery options are described in more detail during the order itself - in the "Delivery" section. You can also find them in the Delivery and Payment section of our website. We will deliver the goods to you via the carrier you choose from the options we offer.

3.5 Binding order. By submitting an order by pressing the "Buy now" button in our online shop, the customer creates a binding order, which binds the customer to payment. The customer has the opportunity to review and correct or change his/her order before submitting the order, as described in more detail in section 6 of these GTC.

3.6 Customer's rights from defective performance. The customer's rights under defective performance or warranty and the conditions for exercising them are described in section 12 of these GTC or in our Complaints procedure.

4 COMMUNICATION TO CONSUMERS BEFORE THE CONCLUSION OF THE PURCHASE CONTRACT

4.1 Right of withdrawal from the purchase contract. The consumer customer has the right to withdraw from the purchase contract without giving reasons (unless otherwise stated) within a period of 30 days, which starts at the latest:

4.1.1 for a contract of sale, from the date of receipt of the goods; or 

4.1.2 in the case of a purchase contract with delivery in several pieces/parts, from the date of acceptance of the last delivery of goods; or

4.1.3 in the case of a contract of sale subject to regular repeated deliveries of goods, from the date of acceptance of the first delivery of goods; 

with the understanding that the consumer has the right to withdraw from the purchase contract even before the time specified in Articles 4.1.1 to 4.1.3 by notifying us of his/her intention to withdraw from the purchase contract, by any unambiguous declaration, for example by filling in and sending the Withdrawal form (ideally together with the returned goods) or by sending it to our e-mail info@libristo.cz.

4.2 When it is not possible to withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:

4.2.1 the delivery of goods that have been customized and/or created at the customer's request or for the customer;

4.2.2 for the delivery of goods, the price of which is dependent on fluctuations in the financial markets beyond our control, which may occur during the withdrawal period;

4.2.3 on the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;

4.2.4 the supply of goods in sealed packaging which the consumer has removed and which, for health or hygiene reasons, it is not appropriate to return after the consumer has broken it, including audio or visual recordings and computer programs where the customer has broken their original packaging;

4.2.5 on transport, on a specific date or during a specific period of time;

4.2.6 for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply;

4.2.7 on the provision of digital content, unless it has been delivered on a tangible medium and has been delivered with your prior express consent before the expiry of the withdrawal period and we have informed you before the conclusion of the purchase contract that in this case you do not have the right to withdraw from the purchase contract.

4.3 Obligation of the consumer when withdrawing from the purchase contract. If the consumer withdraws from the purchase contract, he/she is obliged to send us back the goods acquired on the basis of the purchase contract from which he/she withdrew within 14 days from the moment of withdrawal from the purchase contract. The customer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in the condition and value in which they were received.

4.4 Return address. If you are returning goods, you will always find the return information in your order confirmation email. Returns can always be made to our registered office at Zbrojovácká 1593, 755 01 Vsetín, Czech Republic. For returns you can also use the address in each country, the exact address you can find in the "Withdrawal form". Alternatively, you can send a question about the return of goods at any time to info@libristo.cz. We do not allow personal delivery. The cost of returning the goods in the event of withdrawal from the purchase contract is at the customer's expense. 

4.5 Reduction in the value of goods. In the event of withdrawal from the purchase contract, the customer is liable for any reduction in the value of the returned goods or returned goods that has occurred as a result of handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods. In the event that damaged or incomplete goods are returned to us, we will set off our claim for compensation against the purchase price you are claiming back. We will always assess the specific case to determine the extent of damage, deterioration of the goods and determine the corresponding reduced value. We will inform you of these steps by e-mail or telephone.

4.6 Refund of the purchase price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the customer all money including the cost of shipping the goods in the amount corresponding to the cheapest type of shipping offered by us, to the bank account specified by you, no later than 14 days after withdrawal from the purchase contract. In case of payment by credit card, the purchase price is refunded to this card. Please note that we are only entitled to refund your money when we receive the returned goods back from you. 

4.7 Complaints. We provide out-of-court handling of customer complaints via e-mail info@libristo.cz.

4.8 European Consumer Centre. The Online Dispute Resolution Platform, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the customer under a purchase contract.

4.9 Alternative dispute resolution. You can find the national ADR institutions in the list of consumer dispute resolution bodies available on the European Commission's website: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. 

4.10 Reviews. We do not publish customer reviews on our website. We do, however, provide links to the websites of intermediaries that review our products. Information on how these reviews are handled can always be found on the respective intermediary's website.

4.11 Product ranking. If you go to the product category sorting section of our website, you should know that we use rules to display products according to your preferred selection criteria, which you can read more about on our website. 

4.12 Information in relation to digital content. Please note that we provide updates to digital content in accordance with the relevant legislation. We have a duty to ensure that digital content is fit for the purposes for which it is provided. It must be in the quantity and have the features and performance characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that are customary for digital content or digital services of the same kind and that a consumer can reasonably expect. In the event of non-compliance, the consumer is entitled to have the digital content brought into conformity, to have the price reduced proportionately or to have the contract terminated, depending on the nature of the defects.

5 USER ACCOUNT AND OTHER PREREQUISITES FOR ORDER ACCEPTANCE

5.1 Registration in the case of purchase. If a customer purchases goods or digital content in our e-shop, a user account will be automatically created for them unless they disagree before completing the order. The customer will be able to set a password for the user account by requesting a password reset. The customer can enjoy the full benefits of the loyalty programme. A link to set a new password will then be sent to the customer's email address. When completing the order, the user confirms that he/she agrees to these GTC and has read the Privacy Policy.

5.2 Registration. Based on the customer's registration with an email and a selected secure password, made on the e-shop website, the customer can access his/her user interface. The customer can take full advantage of the loyalty program. The user confirms that he/she agrees to these general terms and conditions and has read the Privacy Policy. 

5.3 User account functions. The Customer can order goods, track the status of his/her points, track the status of orders, etc. from his/her user interface ("My Account") ("User Account"). 

5.4 Digital content. If a customer is interested in purchasing Digital Content, registration for a user account is a prerequisite for its purchase and delivery. The digital content is made available to the customer in the user account interface. 

5.5 Obligation to provide true and correct information. When registering on the website and when ordering goods, the customer is obliged to provide correct and truthful information. The customer is obliged to update the information provided in the user account whenever it changes. The information provided by the customer in the user account and when ordering goods is considered correct by the seller.

5.6 User account lockout. Access to the user account is secured with a username and strong password. The customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not entitled to allow third parties to use the user account. We may disable a user account after five (5) unsuccessful login attempts. We do this for security reasons, in particular to prevent misuse of the customer's user account. If your user account is blocked, please contact us at info@libristo.cz. 

5.7 Ability to cancel a user account when not in use. We may cancel a user account, in particular if the customer does not use his/her user account for more than 1 year or if the customer breaches his/her obligations under the purchase contract as set out by these GTC.

5.8 Maintenance required. The Customer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance.

6 ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

6.1 Prices of goods and digital content. The prices of goods and digital content remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit our ability to conclude a purchase contract on individually agreed terms.

6.2 Packing and shipping costs. The website also contains information on the costs associated with packaging and delivery of goods. The amount of the costs associated with the packaging and delivery of the goods will depend mainly on the chosen carrier and the place where/what country the goods will be delivered to (e.g. Germany, Czech Republic, Italy, Poland, Greece, etc.).

6.3 Order process. To order goods and digital content, the customer fills in the order form in the web interface of the shop (puts the goods and digital content "into the basket", chooses the method of payment of the purchase price of the goods, provides the delivery address and other necessary contact details, chooses the desired method of delivery of the ordered goods and obtains information about the costs associated with the delivery of the goods or digital content). In the case of goods that are marked as "in stock", this is a binding order for goods committing to payment (hereinafter referred to as "order"). By submitting an order, the customer confirms that he/she has agreed to these General Terms and Conditions and has read our Privacy Policy.

6.4 The process of sending an order. Before the order is completed, the customer is allowed to check and change the data entered by the customer in the order, including with regard to the customer's ability to detect and correct errors made in entering the data in the order. The order is sent by clicking on the "Buy now" button and the order process is completed. The information provided in the order is considered correct by the Seller. If, during the processing of the order, it is found that obviously false or incomplete data has been used, we may refuse the order, of which you will be notified by e-mail. The customer may be held liable for any damage caused by providing deliberately false or incorrect information.

6.5 Product features. The customer is obliged to familiarize himself with the characteristics, type and recommended use of the goods and digital content before completing the order. By placing an order, the customer confirms that he/she has read and understands this information.

6.6 Additional order confirmation. The Seller is entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Customer for an additional order confirmation (for example, in writing or by telephone) and is also entitled to ask the Customer to clarify the correctness of the size selection of the goods.

6.7 The moment of conclusion of the purchase contract and order confirmation. The customer who completes the order receives an automatic confirmation of the delivery of the order from us to the customer's e-mail address specified in the order or in another of our forms (hereinafter referred to as the "customer's e-mail address"). The conclusion of the purchase contract occurs at the moment of pressing the "Order and pay" button, which is notified to the customer by means of the order confirmation.

6.8 Telephone order. The customer can also place his order by telephone. At the beginning of the call, a member of our customer support team will introduce themselves and tell you the name of the online shop. A customer who completes an order in this way will receive a confirmation from us of the creation of the order, including the total price for the goods or digital content and the costs associated with the packaging and delivery of the goods chosen by the customer, to the customer's e-mail address provided in the telephone call, together with these GTC, Complaints procedure, Privacy Policy, and the Withdrawal form. The customer is bound by the purchase contract at the moment he/she agrees to the order to our e-mail address.  

6.9 Obligations of the seller and the buyer. By entering into a contract of sale, we undertake to hand over the goods or digital content purchased to you and to enable you to acquire title to the goods or digital content and you undertake to take delivery of the goods and pay us the price of the goods or digital content.

6.10 A copy of the GTC and the withdrawal form. The Customer will receive a copy of the concluded Purchase contract at the Customer's electronic address, as amended by the applicable GTC. The customer will also receive the Withdrawal form.

6.11 Means of remote communication. The customer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the customer in using the means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the customer, and these costs shall not differ from the basic rate.

7 PRICE OF GOODS AND METHOD OF PAYMENT

7.1 Price. All prices of goods are quoted in Euros (EUR) or in any other currency you choose and are inclusive of VAT. 

7.2 Payment method. You can pay us the price of the goods and any costs associated with the delivery of the goods according to the purchase contract:

7.2.1 by wire transfer to the bank account specified in the order, 

7.2.2 by credit card,

7.2.3 via an electronic wallet (Apple Pay, Google Pay or currently offered).

The customer chooses the method of payment for the goods during the order process. For more information on the different payment methods, please also refer to the Delivery and Payment section on the website.

7.3 Price for delivery of goods. Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount, as well as a surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Before the binding completion of the order, the customer will be informed of the final price including the costs of packaging and shipping.

7.4 Deposit on the price of the goods. We may require the customer to make a deposit or other similar payment.

7.5 Discounts on the price of goods. Any discounts on the price of goods provided by us to customers cannot be combined with each other. Exceptions are cases where it is possible to combine already discounted goods and a discount voucher for a new customer.

7.6 Unrealistic price of the goods. If an unrealistic price is displayed, e.g. 0 EUR (or zero value in another currency displayed to you) or a highly non-marketable price is displayed, where a non-marketable price is considered to be a price that is below our purchase price, we reserve the right to remove this item from your order. The customer will be notified of this to the customer's email address.

7.7 Form of invoice. We agree that invoices will be sent electronically to the customer's electronic address specified in the order.

7.8 Delivery time. Delivery time varies depending on the availability of the goods and the country of delivery. The estimated delivery time is given as part of the ordering process and can also be found in the confirmation email. If the estimated delivery time changes, you will always be notified by email. 

7.8.1 If the goods are indicated as being in stock, then we undertake to deliver the goods within the time specified in the basket in the "delivery" section and according to the delivery times of the individual cooperating carriers. Sometimes we may find that goods marked "in stock" sell out at short notice. Should a situation arise where we run out of goods and are unable to deliver the goods you have ordered within the time specified, then we will contact you to agree on the next course of action. 

7.8.2 Goods will normally be delivered within 30 days. However, in certain situations the delivery time may be longer. These include pre-sales of unpublished books, reprints of books on a specific date, or our book search service, or cases where the availability of a book is unknown. You will always be informed of this in advance.

7.8.3 We always try to deliver the order to the customer as soon as possible.

7.9 Gift vouchers. We offer our customers the possibility to purchase electronic gift vouchers in any value. Each voucher has its own unique code and will be sent to your e-mail address after payment of the purchase price.  It is always possible to use only the full amount of the voucher, not to use it in parts. The voucher is valid for 12 months from the date of purchase. In order to redeem the gift voucher on the website, you must fill in the field in the "basket" section to enter the unique gift voucher code. The value of the gift voucher is deducted from the total price of your purchase in the basket.  Please note that the voucher code will be sent to you electronically. Please take extra care with its further handling. Forgery or alteration of the voucher is not permitted. Forgery may also be a criminal offense. It is not possible to withdraw from the purchase contract if the gift voucher has already been used.

7.10 Libroamanto loyalty program. Registered customers in their user account collect points in their "points account" by purchasing goods. Each item on offer on our website is rewarded with a certain number of points. The number of points for a specific item can be seen on the merchandise card. The current status of your points account is shown when you log in to your user account. Points can be exchanged for rewards in the next purchase. The reward is offered at the completion of the order. Registered customers receive an additional 5% discount on their next purchase. The discount must be redeemed within 12 months of the last order received and paid for, after which it expires. Find out more about our loyalty program here. 

7.11 In some cases, you will pay for the shipping costs of the selected rewards under the loyalty program. Please note that if you also add selected rewards earned under the loyalty program to your shopping cart during the checkout process, they will be shipped to you at your expense if the subject of the purchase contract is digital content only, for which you do not need to use a carrier. If you nevertheless choose to have the selected reward sent to the address of your choice in this situation, you will be prompted and advised that the cost of shipping the reward will be borne by you.  

8 RESERVATION OF TITLE

8.1 Full payment of the purchase price. We reserve title to the goods for our customers until full payment of the purchase price according to the respective purchase contract.

8.2 Reservation to entrepreneurs. For business customers, we reserve ownership of the goods until all debts owed to you have been paid. The customer must handle the goods subject to retention of title with due care and insure them sufficiently, at their expense, for the value of new goods in the event of damage.

9 THE DELIVERY OF THE GOODS, THE PLACE OF PERFORMANCE, THE DAMAGE CAUSED TO THE SELLER AND ANY DAMAGE CAUSED DURING THE TRANSPORT OF THE GOODS

9.1 Carrier. At the customer's choice, the goods are sent to the customer via the carrier chosen by the customer during the order from the options offered by us. You can also find more information in the Delivery and Payment section of the website.

9.2 Receipt of goods. When goods are transported by us to the customer, the goods are handed over to the customer at the point of handover (usually the first door/gate/gate at the delivery point designated by the customer). It is at the moment of receipt of the goods by the customer that the risk of damage and accidental deterioration of the purchased goods passes to the customer. If the customer should have taken over the goods from the carrier, the risk of accidental damage and accidental deterioration of the purchased goods passes to the customer at the moment he is allowed to dispose of the goods, but not before the stated delivery time.

9.3 Delivery time. We deliver goods via a carrier. The indication that the goods are in stock or will be stocked in the time indicated for a particular item usually affects the delivery time of the order. For goods where a certain number of days or weeks is indicated before the goods are stocked, the delivery time of the order will be longer and you acknowledge this and agree to this by placing your order.

9.4 Methods of transport. The customer has the choice of selecting to have the goods shipped to any address via our contracted carrier at the shipping price that is quoted during the order process. For more information on the different shipping methods, please also refer to the Delivery and Payment section of the website.

9.5 Cost of special mode of transport. In the event that the mode of transport is agreed upon by special request of the customer, the customer bears the risk and any additional costs associated with this mode of transport.

9.6 Re-delivery and associated costs. In the event that, for reasons on the customer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

9.7 Damage that may be incurred by the seller by not taking delivery of the goods. If the customer consumer does not take over the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller and at the same time the customer consumer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the Seller is entitled to claim from the customer the costs charged by the carrier for the delivery of the goods back to the Seller. This cost constitutes damage to the seller which has been caused by the breach of the customer's legal obligations within the meaning of Section 2913(1) of the Civil Code. The Seller is also entitled to charge a storage fee of EUR 6 and the Seller is entitled to withdraw from the Purchase Contract.

9.8 Failure to accept goods in relation to the entrepreneur. If the business customer fails to take delivery of the goods when they are delivered by the carrier and the goods are subsequently returned to us as the seller, we shall be entitled to claim from the business customer the costs charged by the carrier for delivery of the goods back to our address. This cost constitutes damage for the seller which has been caused by the breach of the legal obligations of the customer-entrepreneur within the meaning of Section 2913 (1) of the Civil Code. The seller is also entitled to charge a storage fee of EUR 6 for the storage of the goods and is also entitled to withdraw from the purchase contract.

9.9 Possibility of offsetting claims. We are entitled to unilaterally set off the claim for payment of the costs of storage of the goods and the claim for compensation for damages for breach of the customer's legal obligations under this part of the GTC against the customer's claim for refund of the purchase price in accordance with Section 2913 of the Civil Code.

9.10 Obligations of the customer upon receipt of the goods. The customer is obliged to inspect the goods upon receipt and make sure of their characteristics (in particular, whether the customer has received the correct type of goods, whether the goods have the agreed quality, whether the goods in their packaging contain everything that according to the instructions should contain). In the event of visible damage to the consignment by the carrier, the customer is obliged not to accept such consignment from the carrier at all. We shall not be liable for any damage caused by the carrier or late delivery of the goods, whatever the reason for the delay.

9.11 Rights from defects. The rights of customers in the event of a defect are governed by our Complaints procedure and the relevant provisions of Czech law, in particular the Civil Code.

10 DELIVERY OF DIGITAL CONTENT

10.1 The moment the digital content is delivered. If the object of purchase is digital content, the object of purchase is deemed to have been delivered at the moment when we send a message to the customer's e-mail address with a download link or when we make the download link available in the customer's user account.

10.2 Limited validity of the link. Please note that the download link for Digital Content is only valid for 24 months from the date of purchase of the Digital Content, but the number of downloads of the Digital Content purchased is limited to six (6) downloads unless otherwise agreed. The customer is therefore obliged to download the digital content within this period.

10.3 Internet connection. Please note that in order to access digital content, you must have a sufficient internet connection, the necessary hardware and updated software on your device. 

10.4 Digital content format, software and devices. Please note that you can download purchased digital content in ePub or PDF format. Both formats can also be viewed in Adobe Digital Editions and on an eReader device. When using Adobe Digital Editions, individual purchased digital content can be copied between up to six (6) supported mobile devices, provided all devices use the same Adobe ID. Purchased digital content will not automatically work on iPad, iPhone and iPod. To use it on these devices, you will need to install the necessary software recommended by the manufacturer of these devices.

10.5 Defects. The rights of customers in the event of a complaint of a defect are governed by our Complaints procedure and the relevant provisions of Czech law, in particular the Civil Code.

11 WITHDRAWAL FROM THE CONTRACT

11.1 Consumer's right to withdraw from the purchase contract. The consumer's right to withdraw from the purchase contract shall be governed by the provisions set out in Section 4 of these GTC.

11.2 Only consumers have the right of withdrawal. Business customers have the right to withdraw from the purchase contract as allowed by the relevant legislation. A business customer does not have the right to withdraw from a purchase contract without giving a reason; this right belongs only to the consumer. Provided that the entrepreneur customer returns the goods to us and if there is no claim of defect under the Civil Code, we are entitled to charge the storage costs for these goods in accordance with clauses 9.8 and 9.9 of these GTC and we shall also invite the entrepreneur customer to take back these goods.

11.3 Procedure when stocks are sold out. We are entitled to withdraw from the purchase contract due to the stock out of goods or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract in particular if the customer has not paid the purchase price properly and on time or refuses to accept the goods.

11.4 A gift. If a gift is given to the customer together with the goods, the gift contract between us and the customer is concluded with the condition that if the customer or we withdraw from the purchase contract, the gift contract regarding such gift shall cease to be effective and the customer shall be obliged to return the gift to us together with the goods.

11.5 Withdrawal for digital content. After payment for the ordered digital content, which has been made available to the consumer by sending a unique link to launch it, it is not possible to withdraw from the purchase contract or otherwise cancel the purchase contract. The customer has been informed of this fact by us prior to the conclusion of the purchase contract.

12 RIGHTS FROM DEFECTIVE PERFORMANCE

12.1 Reference to the Civil Code. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

12.2 Reference to the Complaints Procedure. Further rights and obligations of the parties relating to our liability for defects in the goods or provision of digital content are set out in our Complaints procedure.

13 DATA PROTECTION

13.1 Privacy Policy. The protection of our customers' personal data is very important to us. The rules for handling personal data and the rules for sending commercial communications are regulated in our Privacy policy.

13.2 Commercial messages. We send commercial communications to customers offering related goods or services to the customer's email address (commercial communications to customers). The email address is personal data and is processed in accordance with Regulation 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 and repealing Directive 95/46/EC (General Data Protection Regulation) for the purpose of sending commercial communications based on our legitimate interest to promote our similar products and services. The customer may unsubscribe from receiving commercial communications at any time. 

13.3 Cookies. We use so-called cookies, which can be stored on the end device (either by consent or to protect our legitimate interests). Customers can set their preferences directly on our website, where they can find further Cookie policy.

14 FINAL PROVISIONS, INCLUDING APPLICABLE LAW AND JURISDICTION

14.1 Commitment to respect consumer rights. In the event of any unintentional conflict between the provisions of these GTC and statutory provisions for the protection of consumers, these provisions shall prevail and the Seller undertakes to comply with them.

14.2 Invalid or ineffective provisions of the GTC. If any provision of the GTC 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.

14.3 Exclusion of the Vienna Convention. The Parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention), in accordance with Article 6 of this Convention.

14.4 Disputes and jurisdiction. The Parties further agree that the courts of the Czech Republic, locally designated according to our registered office, shall always have jurisdiction to settle any disputes arising from the Purchase contract where an international element is present. This is without prejudice to the rights of customers under special legislation. The contractual language is Czech.

14.5 Archiving of the purchase contract. The Purchase contract as amended by the GTC is archived by us in electronic form and is not accessible to third parties.

14.6 Withdrawal form. These GTC also include a sample form for Withdrawal form for the purchase contract concluded under these GTC.

14.7 If we negotiate different conditions for the conclusion of the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. The deviating provisions in the purchase contract take precedence over the provisions of the GTC.

14.8 Necessity of acceptance of the GTC for the conclusion of the purchase contract. Acceptance of these GTC is voluntary, but the creation of an order by the customer is necessary. 

14.9 Validity of the GTC.  These GTC are valid from 6.1.2023 and cancel the validity of the previous terms and conditions.