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Terms and conditions

Terms and conditions

1. INTRODUCTION

1.1 Welcome to the whoop.de.doo e-shop at the internet address https://whoopdedoo.me (“Website”) which is operated by the company Anna Marešová designers s.r.o., having registered office at Kaplická 853/55, Podolí, 140 00 Praha 4, identification number (IČO): 24210234, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188943 (“AMD”).

1.2 AMD is an entrepreneur and acts within its commercial or other business activity. On the Website, AMD offers goods to buyers.

1.3 The buyer is a natural person acting in the capacity of a consumer (“Buyer”). These terms and conditions (“Terms”) do not apply to situations where the buyer is a natural person or a legal entity acting in the capacity of an entrepreneur. For the purposes of exact definition of the terms consumer and entrepreneur, the relevant provisions of the Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”) and the Act No. 634/1992 Coll., on Consumer Protection, as amended, shall apply.

1.4 Every visitor to the Website must confirm that he/she is at least 18 years old. The Buyer must provide true answer. AMD cannot be liable in the event that the Buyer provides untrue or incorrect response.

1.5 These Terms apply to purchases in AMD’s e-shop on the Website and, in accordance with the provision of section 1751 paragraph 1 of the Civil Code, govern the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement concluded between the Buyer and AMD through the e-shop (“Purchase Agreement”). These Terms also govern the rights and obligations regarding the use of the Website and other related legal issues.

1.6 These Terms are displayed on the Website, and the Buyer may archive and repeatedly display them at his/her discretion.

1.7 AMD may reasonably change or amend the wording of these Terms, whereas the Buyer will be notified of such changes by e-mail and/or publication on the Website. Change or amendment of these Terms establishes the Buyer’s right to withdraw from the Purchase Agreement. This does not however affect the rights and obligations arising from the previous wording of the Terms over the period of their effectiveness.

2. PURCHASE AGREEMENT

2.1 Any presentation of goods posted on the Website is of informative character only The provisions of section 1732 paragraph 2 of the Civil Code shall not apply. That means the presentation is not a binding offer to conclude agreement and AMD has no obligation to enter into an agreement (in particular in the event that the goods are sold out or long-term unavailable, when there is a technical error on the Website or when the Buyer breached a contract with AMD in the past).

2.2 The Website contains information about the goods including the respective price.

2.3 Price of the goods is displayed including VAT and relevant taxes and charges, however with the exception of payments for transport, cash on delivery and any Buyer’s costs such as banking and similar charges relating to the transfer of money, costs of Internet connection and communication etc. The price remains effective for the period for which it is displayed on the Website. The ability of AMD to conclude a Purchase Agreement under individually agreed terms is not limited by this provision.

2.4 The Website also contains information on the costs associated with packaging and shipping the goods. This information only applies in cases when the goods are delivered within the Czech Republic, unless expressly stated otherwise on the Website.

2.5 For ordering goods, the Buyer fills in the order form on the Website. The form contains particularly information about:

              2.5.1 the ordered goods and their quantity (i.e. goods which the Buyer places into the electronic shopping cart);

              2.5.2 the method of payment of the purchase price for the goods; and

             2.5.3 information on the method of delivery of the goods and the costs associated with delivery of the goods (“Order”).

2.6 Filling in of all the required information in the order form is condition for validity of the Order. By submitting the Order, the Buyer confirms that he/she became familiar with these Terms before concluding the Purchase Agreement and that he/she agrees with them in the wording valid and effective at the moment of placing the Order. The Buyer places the Order by clicking on the button “place order”.

2.7 When registering on the Website and/or ordering goods, the Buyer must provide only correct and accurate information. All of the provided information is therefore considered by AMD as correct and accurate.

2.8 Before placing an Order, the Buyer is allowed to check, correct or change information entered into the Order. AMD will immediately inform the Buyer via e-mail of receipt of the Order to the address specified in the Order (the “Buyer’s E-mail”).

2.9 AMD is always entitled, with regards to the nature of the order (e.g. the quantity of the ordered goods, the amount of the purchase price, the anticipated transport costs etc.), to request an additional confirmation of the Order by the Buyer.

2.10 The contractual relationship between the parties arises upon the delivery of confirmation of receipt of the Order (acceptance) sent by AMD to the Buyer’s E-mail.

2.11 The Buyer agrees with the use of means of distance communication for concluding the Purchase Agreement. The costs incurred by the Buyer by using means of distance communication in connection with conclusion of the Purchase Agreement (e.g. internet, telephone etc.) are in the standard amount, depending on the Buyer’s tariff for telecommunication services. These costs are covered by the Buyer.

2.12 If AMD is unable to meet some of the requirements stated in the Order, it shall send instead of confirmation of the Order an amended offer to the Buyer’s E-mail with details of all the possible variants of the Order and request the Buyer’s stance. In such case, the amended offer shall be considered a new proposal for conclusion of the Purchase Agreement.

2.13 In accordance with section 1740 paragraph 3 of the Civil Code, AMD excludes the possibility of acceptance of the offer with amendment or variation.

2.14 All correspondence relating to the Purchase Agreement will be delivered to the Buyer to the Buyer’s E-mail or to the delivery address specified in the Order or his/her User Account.

3. PURCHASE PRICE AND PAYMENT CONDITIONS

3.1 The Buyer may pay the price for goods and any potential costs of delivery of goods according to the Purchase Agreement by the following means:

              3.1.1 in cash upon receipt of the goods;

              3.1.2 by payment card upon receipt of the goods;

              3.1.3 by payment card when purchasing online, through the GOPAY payment gateway;

              3.1.4 by cash on delivery at a place specified by the Buyer in the Order;

              3.1.5 by a wire transfer to AMD’s bank account IBAN: CZ7920100000002300668626, BIC: FIOBCZPPXXX kept by Fio bank (the “AMD’s Account“).

3.2 Packaging and shipping costs constitute part of the purchase price and the Buyer is required to pay them (“Purchase Price”).

3.3 If the Buyer chooses to pay in advance, AMD will wait until full payment of the Purchase Price before dispatching the goods.

3.4 AMD is entitled, in particular in the event that no additional confirmation of the Order has been provided by the Buyer pursuant to clause 2.9, to request full payment of the Purchase Price in advance before dispatching the goods to the Buyer.

3.5 In case of payments by wire transfer to AMD’s Account, the Buyer must pay the Purchase Price for the goods along with indicating the variable symbol of the payment. In such event, the Purchase Price is payable within 14 days from concluding the Purchase Agreement, where the Buyer’s obligation to pay the Purchase Price is fulfilled by crediting the relevant amount to AMD’s Account.

3.6 AMD does not request advance payment or similar payment by the Buyer. That does not however effect the obligation of the Buyer pursuant to these Terms to pay the Purchase Price upfront in certain situations.

3.7 AMD reserves the ownership right to the object of the purchase. The Buyer therefore does not become its owner until the full payment of the Purchase Price.

3.8 Price changes, as well as any other changes on the Website, are reserved.

3.9 Special prices are valid until the sell-out of the indicated number of pieces of discounted goods or for a designated period of time. Discounts from the Purchase Price of the goods cannot be mutually combined, unless expressly stated.

3.10 If it is usual in the ordinary course of business, or required by law, AMD will issue an invoice to the Buyer with respect to payments made under the Purchase Agreement (“Invoice”). AMD will issue an Invoice to the Buyer after full payment of the Purchase Price for the goods and send it electronically to the Buyer’s E-mail.

4. TRANSPORT AND DELIVERY

4.1 If under the Purchase Agreement AMD must deliver the goods to a place determined by the Buyer in the Order, the Buyer must take over the goods at delivery. The Buyer is advised to duly check the goods upon delivery.

4.2 In the event that the method of delivery is selected by the Buyer based on a request made in the Order, the Buyer bears the risk and any additional costs associated with this method of delivery.

4.3 If the Buyer does not take over the goods upon delivery (except as set out in clause 4.5), AMD will have the right to request payment of a storage fee.

4.4 In the event that it is necessary due to reasons on the Buyer’s part to deliver the goods repeatedly, or by using a different method other than stated in the Order, the Buyer must pay all associated costs.

4.5 When receiving the goods from the carrier, the Buyer must check integrity of its packaging and immediately notify the carrier about any defects and refuse to accept the delivery.

4.6  The Buyer’s rights concerning potentially defective goods and the procedure of making claims are set out in more detail in AMD’s Complaints Procedure available here: https://whoopdedoo.me/complaints-procedure.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1 Under section 1829 paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods, except for cases specified in clause 5.3 or other cases for which the Buyer cannot withdraw from the Purchase Agreement. In case the subject matter of the Purchase Agreement comprises of several types of goods or the supply of several parts, this period will commence from the receipt of the last delivery of the goods. Withdrawal from the Purchase Agreement must be sent to AMD within the time period indicated above.

5.2 For withdrawal from the Purchase Agreement, the Buyer may use the electronic form attached to these Terms and also available at https://whoopdedoo.me/purchase-agreement-cancellation. The Buyer may send the withdrawal from the Purchase Agreement to AMD to the address set out in clause 11.11 or by electronic mail.

5.3 The Buyer acknowledges that, according to Section 1837 of the Civil Code, he/she cannot withdraw from the Purchase Agreement for the supply of sealed goods which were unsealed after supply by the consumer, and which are not suitable for return due to hygiene reasons.

5.4 Furthermore, the Buyer cannot withdraw from the Purchase Agreement or require the delivery of a new item, if he/she cannot return it in the state in which he received it. This does not apply if:

              5.4.1 there was a change to the state of the item as a result of inspection to detect defects;

              5.4.2 if the Buyer used the item before discovering the defect; or

            5.4.3 if the Buyer did not cause the inability to return the item in its original condition by his/her act or omission.

5.5 AMD has the right to withdraw from the Purchase Agreement in the following cases: (i) it is not possible to deliver the goods (e.g. they are no longer manufactured) or replace them otherwise; (ii) in case of an obvious error in the listed price of the goods on the Website; (iii) until the moment of receipt of the goods by the Buyer in cases when the Buyer has the right to withdraw from contract under Civil Code; and (iv) if the Buyer refuses to accept delivery of goods pursuant to clause 4.5 above.

5.6 In the event of withdrawal, the Purchase Agreement is cancelled from the beginning. The goods must be returned to AMD to the address set out in clause 11.11 within fourteen (14) days from the withdrawal, in the condition and value in which the Buyer received them, including all accessories and associated documentation.

5.7 If the Buyer withdraws from the Purchase Agreement, he/she shall bear all costs of returning the goods. AMD may unilaterally set off all of the actually incurred costs related to the returning of the goods against the Purchase Price, which is to be returned to the Buyer.

5.8 In the event of withdrawal from the Purchase Agreement pursuant to these Terms, AMD will return the money to the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement in the same manner as it received them. AMD is also entitled to return the money to the Buyer while returning the goods or by any other means with which the Buyer will agree. If the Buyer withdraws from the Purchase Agreement, AMD will not be required to return the money before the Buyer returns the goods or proves in a sufficient manner that he/she dispatched them to AMD’s address.

5.9 AMD may unilaterally set off its right for damages incurred on the goods against the Buyer’s claim for the return of the Purchase Price.

5.10 If a gift is provided to the Buyer along with the goods, the deed of gift between AMD and the Buyer is concluded with a condition subsequent, meaning that in case of withdrawal from the Purchase Agreement by either party, the deed of gift becomes ineffective, and the Buyer will have to return the provided gift to AMD along with the goods.

6. PERSONAL DATA PROTECTION

6.1 The Buyer’s Policy concerning the protection of personal data, including the sending of marketing communication and use of cookies, can be found here: https://whoopdedoo.me/privacy-policy.

7. INTELLECTUAL PROPERTY

7.1 AMD is the owner or holder of all intellectual property rights in the Website and in any material published on it (alternatively their licensee). The relevant works are protected mainly by copyright laws around the world.

7.2 Except as allowed by law, the Buyer must not use copies (whether offline or online) of any materials you have printed off or downloaded in any way from the Website, including any text, illustrations, photographs, video or audio sequences or any graphics, without explicit consent from AMD. AMD’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

7.3 “whoop.de.doo” is a registered trademark and individual products offered on the Website are protected by registered designs of AMD.

8. LINKS

8.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for the Buyer’s information only. AMD has no control over the contents of those sites or resources.

8.2 Therefore, AMD has no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by AMD of those linked websites. AMD will not be liable for any damages that may arise from the Buyer’s use of them.

8.3 It is possible to link to the Website (i.e. the home page) provided it is done in a way that is legitimate and that does not damage AMD’s reputation or takes advantage of it. It is prohibited to establish a link in such a way as to suggest any form of association, approval or endorsement of AMD where none exists. The Website must not be framed or embedded on any other site, nor may a link be created to any part of the Website other than the home page. AMD reserves the right to withdraw linking permission without notice.

9. LIMITATION OF LIABILITY

9.1 AMD only supplies goods for domestic and private use. If the Buyer uses the products for any commercial, business or resale purpose, AMD will have no liability to the Buyer for any damages.

9.2 AMD does not guarantee that the Website or any content on it will always be available or be uninterrupted. AMD may suspend, withdraw, discontinue or change all or any part of the Website without notice. AMD will not be liable to the Buyer if for any reason the Website is unavailable at any time or for any period.

9.3 AMD does not guarantee that the Website or any content on it will be free from errors or omissions.

9.4 AMD will not be liable for any damages caused by a virus, distributed denial-ofservice attack, or other technologically harmful material that may infect the Buyer’s computer equipment, computer programs, data or other material due to the Buyer’s use of the Website or to Buyer’s downloading of any content on it or on any website linked to it.

9.5 AMD does not guarantee that the Website will be secure or free from bugs or viruses. The Buyer is responsible for configuring his/her information technology, computer programmes and platform in order to access the Website. The Buyer should use his/her own virus protection software.

10. E-WASTE

10.1 AMD ensures collection of electronic equipment, batteries and accumulators in accordance with applicable legislation. The Buyer may return old electronic equipment during purchase of a new electronic equipment or batteries and accumulators at any AMD’s shop listed on the Website.

10.2 The Buyer may also return electronic equipment, electronic waste or batteries or accumulators at collection facilities designated in the relevant municipality for collection of the respective waste.

10.3 The Buyer acknowledges that electronic equipment, electronic waste, batteries or accumulators may not be removed together with mixed waste but must be returned at designated places

11. FINAL PROVISIONS

11.1 All relations and any possible disputes arising from the Purchase Agreement shall be construed exclusively under Czech law, and decided by the competent courts of the Czech Republic. This shall not affect the rights of consumers arising from the generally binding provisions of law.

11.2 If any provision of these Terms becomes invalid or ineffective, another provision whose meaning most resembles it shall apply instead. Invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of other provisions of these Terms. Any changes or amendments to the Purchase Agreement or to these Terms require a written (including electronic) form.

11.3 The concluded Purchase Agreement including the Terms is archived by AMD in electronic form and is not accessible.

11.4 AMD is authorised to sell the goods or provide the services on the basis of a trade license and AMD’s activities are not subject to any further authorisations.

11.5 The Czech Trade Inspection Authority is the competent inspection authority for the out-of-court settlement of consumer disputes in the manner and under the conditions defined by relevant legislation. For more information visit the Czech Trade Inspection Authority website at: www.coi.cz. Out-of-court resolution of a consumer disputes is initiated exclusively by application of a consumer and only if the dispute has not been resolved directly with the seller. The application must be filed within 1 year from the day when the consumer exercised his/her right (which is subject of the dispute) against the seller for the first time.

11.6 The Buyer is also entitled to initiate online out-of-court dispute resolution through the ODR platform accessible at this website: ec.europa.eu/consumers/odr/

11.7 The Buyer hereby assumes the risk of a change in circumstances within the meaning of section 1765 paragraph 2 of the Civil Code.

11.8 AMD is not bound with respect to the Buyer by any codes of conduct withinthe meaning of section 1826 paragraph 1 letter e) of the Civil Code.

11.9 The provisions of these Terms represent a constituent part of the Purchase Agreement. The Purchase Agreement can be concluded in Czech and English language.

11.10 These Terms are valid and effective from 1 January 2017.

11.11 You can contact AMD by the following means – delivery address, pickup and reclaim point: Kamenická 37, 170 00 Praha 7; e-mail address: whoopdedoo@whoopdedoo.cz; phone number: +420 778 065 388.