Terms of service
1.1. The online shop is operated by Lena Žemličková, a business with registered office at Dlouhá 715/ 38 , 110 00 Praha , ID No. 01154931, registered in the Trade Register, VAT not payable. You can contact us by e-mail or telephone.
1.2 As soon as you submit your order via the online shop, the contract is concluded. The contract will also be concluded if you send your order for the goods offered by e-mail to our e-mail address. We will confirm receipt of your order and the conclusion of the contract by e-mail.
1.3 Payment must be made within 2 days of the conclusion of the contract or later depending on the chosen payment method.
1.4 As a consumer, you may withdraw from the concluded contract at any time up to 14 days from the date of receipt of the goods. Which contracts cannot be withdrawn from can be found in the full text of the terms and conditions. We may withdraw from the concluded contract at any time up to the moment you take over the goods from us. Upon withdrawal, you will return the goods to us, including any gifts and bonuses, if any, we have given you, at your own expense, within 14 days of withdrawal. We will refund your money within 14 days of receipt of the withdrawal, but not before you return the goods to us or provide proof that the goods have been sent to us.
1.5 We process your personal data for processing your order, monitoring website traffic, sending you commercial communications, fulfilling our legal obligations and other purposes specified in the terms and conditions.
1.6 If you order tangible goods from our online shop, this will result in a purchase contract.
1.7 We deliver these goods only to the following countries: the Czech Republic and Slovakia. You will become the owner of the goods upon receipt of the goods, but not before you have paid the total price in full. If damaged goods are delivered to you as a consumer or non-business entity, please inform us immediately. If you discover the damage when you collect the goods, you will also inform the carrier of the damage.
1.8 If you are not a business, you have the right to claim defects in the goods within 24 months of receipt of the goods, or within a longer period if stated elsewhere. Please refer to the terms and conditions for exactly how to claim the goods and what you can claim in the event of a claim.
General provisions
1.1 Scope of the terms and conditions. These terms and conditions govern the conclusion of contracts between us as a trader and you as a customer via the online shop and our and your rights and obligations under the contracts. The terms and conditions also include mandatory information and provisions regarding your personal data and the processing thereof. The terms and conditions come into force on 22 June 2017.
1.2 Terms used. In our Terms and Conditions we use the following abbreviations:
1.2.1. We, which means the trader, i.e. the entrepreneur Lena Žemličková, with registered office at Dlouhá 715/ 38, 11000 Praha, ID No. 01154931, registered in the Trade Register, not subject to VAT.
1.2.2. you, which means the customer, i.e. the other contracting party different from us, which may be one of the following entities:
1.2.2.1. consumer, which is a person not acting in the course of his business or in the course of his independent exercise of his profession,
1.2.2.2. a non-business person, which is a legal person not acting in the course of its business or in the independent exercise of its profession,
1.2.2.3. An entrepreneur, which is a person or a legal person acting in the course of his business or in the course of the independent exercise of his profession.
1.2.3. online shop, which is our web interface located at
1.2.4. e-mail, i.e. electronic mail, by which we can be contacted at the e-mail address available on the web address of our online shop.
1.2.5. Telephone, which means the telephone number that can be used to contact us at the telephone number available on the web address of our online shop.
1.2.6. contracts, which means purchase contracts.
1.3 The relationship of the terms and conditions to the contract. The terms and conditions are an integral part of the contracts. Deviating provisions in the contract take precedence over the wording of the terms and conditions.
1.4 Relationship of the contract and the terms and conditions to the law. The rights and obligations not regulated by the Terms and Conditions or the Contract are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, in accordance with the laws of the European Union, in particular Directive 2011/83/EU, on consumer rights and Directive 2000/31/EC, on electronic commerce. In the event of a conflict between the terms and conditions or the contract and a legal regulation, unless it is a matter that can be derogated from by agreement, the legal regulation shall prevail.
1.5 Severability of provisions of the terms and conditions and contractual arrangements. If any provision of the terms and conditions or contractual arrangements becomes invalid, ineffective or is disregarded, the validity and effectiveness of the other provisions of the terms and conditions and contractual arrangements shall not be affected.
1.6 Relations with an international element. Legal relations between us and you shall be governed by Czech law in the event of an international element and the Czech courts shall have jurisdiction to settle any disputes. The UN Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply.
1.7 Methods of resolving complaints. Any complaints and disputes between you and us may be resolved by
1.7.1. out of court in the proceedings conducted by the Czech Trade Inspection Authority (www.coi.cz),
1.7.2. by email to our email address.
1.8 Supervisory authorities. Our activities are subject to control and supervision by the state authorities of the Czech Republic, to whom it is possible to address your complaints in accordance with the legal regulations governing their scope and powers. The state supervisory authorities are in particular:
1.8.1. the Czech Trade Inspection Authority,
1.8.2. trade licensing authorities,
1.8.3. the Office for Personal Data Protection,
1.8.4. the Assay Office.
Ordering goods and concluding contracts
2.1 Ordering goods. The goods in our online shop can be ordered by accepting the offer to enter into a contract, which is the display of the goods in the online shop, by sending a private message via the relevant social network where the goods are displayed. The display of goods is considered an offer if the conditions of availability (e.g. stock) and price are stated and this information is not conditional. This offer is subject to stock depletion or loss of ability of the business to perform.
Acceptance of our offer with an amendment or variation is not possible and shall be deemed a counter-offer on your part.
2.2 Order Content Requirements. A message containing an order for goods must contain the following information:
2.2.1. the selected goods in the required quantity, quality and design,
2.2.2. the selected method of delivery and payment,
2.2.3. your identification details:
2.2.3.1. your name and surname and, if applicable, the name of your legal entity,
2.2.3.2. your place of residence or registered office,
2.2.3.3. the address for delivery of the goods,
2.2.3.4. a telephone number,
2.2.3.5. a registration number if you are not a consumer,
2.2.3.6. VAT number if you are a VAT payer.
2.3 Confirmation of receipt of order. We will confirm the successful acceptance of your order and the conclusion of the contract in a reply to your private message via social network, or, if it is not possible to provide the terms and conditions via this method, by an e-mail message, which will include a confirmation of the conclusion of the contract and its contents and the terms and conditions. If the order is incomplete or incorrect, we will ask you to complete it or notify you of the impossibility of concluding the contract.
2.4 Language and retention of the contract. Contracts shall be concluded in the Czech language. We will store the concluded contracts and will give you access to your contract upon request.
Concluded contracts and their contents
3.1 Amendment and cancellation of the contract. Concluded contracts may not be unilaterally amended or cancelled; this may only be done by mutual agreement or if required by law or the terms and conditions of business.
3.2 Contents of the contract of sale. On the basis of the concluded purchase contract, we are obliged to deliver the ordered tangible goods and provide any agreed services to you in the agreed manner and you are obliged to take delivery of the goods and pay us the total price, which consists of the price of the ordered goods, the price of payment, the price of delivery of the goods and the price of any additional services ordered.
3.3 Intellectual Property Protection. If we supply goods to you under a contract that are protected by intellectual property rights (in particular copyright, trademarks, industrial designs, patents and utility models), a licence to exercise the intellectual property rights is not part of the contract. You may not use the copyrighted goods as an individual except for your own personal use and as a legal entity except for your own internal use, in particular you are not entitled to reproduce, resell, rent or otherwise make the goods available to third parties.
3.4 Discounts and promotions. For discounts or other marketing promotions, unless otherwise stated, the individual discounts and other benefits provided cannot be combined.
3.5 Gifts and bonuses. If gifts or other bonuses have been provided to you under the Contract, the existence of the gift agreement is contingent on the existence of the main contract, and the gift agreement is made subject to the condition precedent of cancellation of the gift agreement in the event of termination of the main contract.
3.6 Discount coupons and gift vouchers. Discount coupons and gift vouchers may be redeemed on the agreed terms and conditions or on the terms and conditions stated on the coupon or voucher.
Payment terms
4.1 Payment Methods. The total price can be paid in advance by wire transfer to our account number 2100992499/2010.
4.2 Time for payment. You are obliged to pay the total price either before delivery of the goods, upon receipt of the goods, or at a later date, depending on the agreed payment method. If the total price is to be paid before delivery of the goods, you are obliged to pay it within 2 days of the conclusion of the contract. If the total price is to be paid through a payment service provider, the total price is paid by crediting the amount of money to our account with the payment service provider.
4.3 Payment by credit. If it is agreed to pay the total price by means of a loan or other financial product under a contract with a financial service provider, the contract and the terms and conditions of the financial product provider shall also govern this relationship.
Delivery terms
5.1 Methods of Delivery. We deliver the goods by parcel of the Czech Post.
5.2 Delivery Restrictions. We only deliver goods to the following countries:
5.2.1. the Czech Republic,
5.2.2. Slovenia.
5.3 Acquisition of title. You will become the owner of the goods we deliver to you on receipt of the goods, but not before you have paid the total price in full.
5.4 Time for delivery. The agreed time for delivery of the goods runs from the conclusion of the contract. If the total price is to be paid before delivery of the goods, the delivery time will only run from the payment of the total price. The goods shall be delivered to their destination within this period. If you are not a consumer and the goods are to be delivered to their destination by a carrier, the goods will be handed over to the carrier at this time.
5.5 Acceptance of Goods. You must take delivery of the goods at the agreed time and place depending on the method of delivery. If the goods are to be delivered by carrier, you must take delivery of the goods when they are delivered to their destination. If you do not take delivery of the goods, we shall have the right to withdraw from the contract, the right to payment of the costs of delivery of the goods if they have not been paid prior to delivery of the goods and the right to payment of storage charges for the period of storage of the goods, which shall end when you take delivery of the goods, withdraw from the contract or we withdraw from the contract. The storage fee shall be CZK 10 per day, but the total amount shall not exceed the price of the goods stored. If we redeliver the goods to you after you have not taken possession of them, we shall be entitled to reimbursement of the costs associated with the redelivery.
5.6 Damage to goods in transit by a consumer or non-consumer. If you are a consumer or non-business, the risk of damage to the goods passes to you on receipt of the goods. In the event that the goods are delivered to you damaged, you are obliged to notify us of the damage immediately, preferably by email to our email address.
In the event that you discover the damage when you take delivery of the goods, you are obliged to inform not only us but also the carrier of the damage when you take delivery of the goods. You may ask the carrier to unpack the damaged shipment before taking delivery and if you find that the goods have been damaged, you are not obliged to take delivery of the goods from the carrier.
5.7 Packaging of Goods. Unless otherwise agreed, the Goods will be packed in a manner suitable for their preservation and protection.
Right of withdrawal
6.1 General withdrawal. Withdrawal from the concluded contract shall terminate the contract from the outset and the parties shall be obliged to reimburse each other for everything they have provided on the basis of the cancelled contract. Withdrawal from the contract shall also terminate the contract of gift dependent on it. The right of withdrawal may be exercised subject to the conditions set out in the terms and conditions or where provided for by law.
6.2 Our right of withdrawal. We have the right to withdraw from the concluded contract at any time from the date of conclusion of the contract until you take over the goods from us, for the following reasons:
6.2.1. exhaustion of the stock of the ordered goods,
6.2.2. failure to take delivery of the goods,
6.2.3. misuse of our online ordering system,
6.2.4. providing incorrect information when ordering goods,
6.2.5. ordering goods at a price significantly lower than the normal price, if the goods were offered at this price due to an error or mistake of our online store,
6.2.6. other circumstances worthy of special consideration.
6.3 The consumer's legal right to withdraw from the contract. If you are a consumer, you have the right to withdraw from the concluded contract within 14 days from the date of
6.3.1. receipt of the goods, in the case of a contract of sale,
6.3.2. the receipt of the last delivery of the goods, in the case of a contract involving several types of goods or the delivery of several parts,
6.3.3. acceptance of the first delivery of the goods, in the case of a contract for the regular recurring delivery of goods,
6.3.4. the conclusion of the contract if it is a different contract.
6.4 Impossibility of withdrawal from the contract. You do not have the right to withdraw from contracts:
6.4.1. for the supply of goods that have been customised to your wishes or for you,
6.4.2. for the delivery of goods in closed packaging which have been removed from the packaging and cannot be returned for hygiene reasons,
6.4.3. the delivery of perishable goods or goods that have been irretrievably mixed with other goods after delivery,
6.4.4. for the provision of services if they have been performed with your prior consent before the expiry of the withdrawal period,
6.4.5. others, if provided for by law.
6.5 Method of withdrawal. If you have a right of withdrawal and wish to withdraw from the contract, you may do so by unilateral legal action delivered to us, preferably by
6.5.1. by completing the sample withdrawal form available in our online shop
6.5.1.1. by post to our registered office,
6.5.1.2. by email to our email address;
6.6 Retention of time limit. If you are a consumer, it is sufficient to comply with the withdrawal period if you send us your withdrawal on the last day of the withdrawal period.
6.7 Return of goods after withdrawal. If you withdraw from the contract, you are obliged to return the goods to us at your own expense, preferably at the same time as withdrawing from the contract, within 14 days of receiving the withdrawal, preferably by sending the goods to our registered office.
You must return the goods to us undamaged, unsoiled, unworn and showing no signs of use, including all accessories and documentation, preferably in their original packaging. You must also return to us any gifts and bonuses you have received under the cancelled contract.
6.8 Refund after withdrawal from the contract. If you, as a consumer, withdraw from the contract, we will refund the money paid within 14 days of receipt of your withdrawal, but not before you return the goods to us or provide proof that the goods have been sent to us. We will only refund the delivery costs paid to you at the rate of the cheapest comparable delivery method we offer. If the value of the returned goods is reduced as a result of handling other than that necessary to familiarise ourselves with their nature, characteristics and functionality, the refund will be reduced by the amount by which the value of the goods has been reduced. We will return the funds to you in the same way we received them from you or in any other way we agree, provided that you do not incur additional costs.
Claims for defects in the goods
7.1 Warranty Period. The warranty period is 24 months, or 12 months for used goods, from the date of receipt of the goods.
7.2 Our liability for defects in the goods. We are responsible to you for ensuring that the goods are free from defects on receipt and within the warranty period. In particular, we are responsible for the fact that the goods
7.2.1. it has the characteristics we have agreed and, in the absence of agreement, such characteristics as we or the manufacturer have described or which you could have expected in view of the nature of the goods and on the basis of the advertising carried out,
7.2.2. it is fit for the purpose for which we say it is used or for which goods of that kind are usually used,
7.2.3. corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. it is in the appropriate quantity, measure or weight; and
7.2.5. complies with the requirements of the legislation.
7.3 Extended quality guarantee. If the goods sold, their packaging, the instructions accompanying the goods, the advertisement or the contract specify a period of time for which the goods or part of the goods may be used which is longer than the warranty period, we shall be liable to you after the expiry of the warranty period for
7.3.1. the goods or part of the goods are fit for their normal purpose,
7.3.2. the goods or part thereof retain their normal characteristics.
The period of the extended quality guarantee starts to run concurrently with the guarantee period. We only provide an extended quality guarantee for certain goods if the period of the guarantee is specified for the goods in the ways set out above.
7.4 Limitation of Liability. We are not liable to you
7.4.1. for goods sold at a lower price for a defect for which the lower price was agreed,
7.4.2. for wear and tear caused by normal use of the goods,
7.4.3. in the case of second-hand goods, for a defect corresponding to the level of use or wear and tear the goods had when you took them over,
7.4.4. for defects in the goods if this is apparent from their nature, particularly in the case of perishable goods,
7.4.5. if you knew before taking delivery that the goods were defective,
7.4.6. if you caused the defect.
7.5Time limit for exercising the right. You are obliged to inspect the goods as soon as possible to ascertain their characteristics and quantity. You are obliged to assert your right under liability for defects in the goods with us without undue delay, as soon as possible after you are able to discover the defects, within the warranty period or the extended quality guarantee period. Otherwise, your right to liability for defects in the goods will be extinguished and you will not be entitled to any compensation.
7.6 Your rights in the event of a defect in the goods. If the goods are defective, you have the right to:
7.6.1. to have the defect rectified free of charge,
7.6.2. unless this is unreasonable in view of the nature of the defect, in particular if the defect cannot be remedied without undue delay, to the delivery of new goods without defects, but if the defect relates only to a part of the goods, you may only require the part to be replaced,
7.6.3. if neither the removal of the defect nor the replacement of the goods or part thereof is possible, withdraw from the contract,
7.6.4. a reasonable discount on the purchase price.
7.7 Your rights in the event of a defect in the used goods. If goods sold with a defect or goods sold as used have a defect, you have the right to:
7.7.1. to have the defect rectified free of charge,
7.7.2. a reasonable discount on the purchase price,
7.7.3. if neither the removal of the defect nor a discount on the purchase price is possible, to withdraw from the contract.
7.8 Your rights in the event of repeated or multiple occurrences of a defect in the goods. If you cannot use the goods properly because of the recurrence of the same defect after repair or because of multiple defects, you have the right, at your option, to:
7.8.1. to the delivery of new goods or the replacement of a part, but this does not apply to goods sold with a defect or to second-hand goods,
7.8.2. a reasonable discount on the purchase price,
7.8.3. to withdraw from the contract.
A recurrence of a defect shall be deemed to occur if the same defect occurs in the goods after at least two previous repairs. The simultaneous occurrence of at least three defects, each of which independently prevents the use of the goods, is considered to be a multiple defect.
7.9 Impossibility to request withdrawal from the contract and delivery of new goods. If you cannot return the goods in the condition in which you received them, you cannot withdraw from the contract or demand delivery of new goods. This does not apply,
7.9.1. if there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the goods,
7.9.2. if you used the goods before the defect was discovered,
7.9.3. you have not caused the goods to be returned in the same condition by any act or omission; or
7.9.4. if you have sold the goods before the defect was discovered, if you have consumed them or if you have altered the goods in the normal course of use; if this has happened only in part, you shall return to us what you can still return and compensate us for the remainder to the extent that you have benefited from the use of the goods.
7.10 Method of claim. In the event that you wish to exercise your right under the liability for defects, the best way to do so is to:
7.10.1. by sending the goods to our registered office address,
7.10.2. if the warranty card or other document, on the packaging of the goods or in our online shop indicates another person designated to claim liability for defects, from this person.
7.11. Particulars of Claim. Goods must be handed over to us in a condition that allows us to assess the validity of the claim, in particular goods cannot be handed over unreasonably dirty. When making a claim, you must:
7.11.1. prove that the goods were purchased from us,
7.11.2. state what defect you are claiming and how you want the claim to be settled. The requested method of handling the claim cannot be subsequently changed without our consent.
7.12 Handling of the complaint. If you are a consumer, your claim will be processed without undue delay, but no later than 30 days from the date of the claim. If you are a non-business, your claim will be processed without undue delay. You will be notified of the settlement of your complaint within this period and the goods will be returned to you in the same way as they were handed over to us when you made your complaint. If the claim is not settled in time, you have the right to withdraw from the contract. If your claim is accepted, the warranty period and the extended quality guarantee period will be extended by the time it took us to process your claim.
7.13. Reimbursement of claim costs. If your claim is accepted, you are entitled to reimbursement of the necessary costs that were reasonably incurred in exercising your right under product liability.
7.14. Confirmation of Claim. When you exercise your right under product liability, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require, as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim.
Protection and processing of personal data
8.1 Legislation. All processing of personal data is carried out in accordance with the European Union General Data Protection Regulation 2016/679) ("GDPR").
8.2 Processing of personal data for the performance of and in connection with contracts. We process your personal data on the basis of and for the performance of our obligations arising from contracts concluded between us and you and for the conclusion of such contracts. For this purpose, we use personal data for the time necessary to process orders and complaints. As part of these activities, your personal data may be disclosed to other entities (in particular our suppliers involved in the performance of the contract and payment system operators). On the basis of the contract, we also process your personal data when you maintain user accounts in our online shop, for as long as the user account exists.
8.3 Processing of personal data for sending commercial communications. We also process your personal data for the purpose of further offering our goods and services via commercial communications based on our legitimate interest, unless you have opted out of such communications.
8.4 Processing of personal data on the basis of legitimate interest. We also process your personal data for the purpose of evaluating website traffic and compiling statistics and records, based on our legitimate interest in monitoring website traffic and optimising the website. We do this for the time necessary to evaluate the collected data and implement any adjustments. We pass this data to our processors for processing, who analyse traffic and help us to operate the website and e-commerce solution.
8.5 Processing of personal data based on consent. We also process your personal data for direct marketing purposes on the basis of your consent, granted for an indefinite period of time, to the extent that we use advanced advertising targeting methods (this does not affect processing for marketing purposes based on legitimate interest).
8.6 Processing of personal data for compliance with our legal obligations. We also process your personal data for the purposes of, and in compliance with, our legal obligations, including in relation to bookkeeping and providing information to public authorities.
8.7 Scope of processing of personal data. The personal data we process are:
8.7.1. name and surname,
8.7.2. address,
8.7.3. e-mail address,
8.7.4. telephone number,
8.7.5. identification number and tax identification number,
8.7.6. IP address,
8.7.7. name and registered office of the legal entity,
8.7.8. order data,
8.7.9. registration and setup data,
8.7.10. data on mutual communication.
8.8 Use of cookies. When using our online shop, cookies may be stored on your device. You can refuse their use at any time by setting your device accordingly.
8.9 Consent to the processing of personal data. You may at any time object to the processing of your personal data for the purpose of sending you commercial communications, just as you may at any time withdraw your prior consent to the processing of your personal data for any other purpose, unless the processing is for the performance of our obligations under contracts, for the performance of our legal duties or for any other purpose that arises from our legitimate interests.
8.10 Storage Period. We only store personal data for the period necessary to achieve the purposes set out above. After the purpose of processing has passed, we will immediately destroy the personal data.
8.11. Persons involved in the processing. All the personal data mentioned above are processed by us as the controller. This means that we determine the above defined purposes for which we collect personal data, determine the means of processing and are responsible for its proper execution. For the processing of personal data, we also use the services of other processors who only process personal data according to our instructions. Such processors are mainly IT service providers and other technology and support providers, operators of marketing tools and providers of communication tools.
8.12 Rights of the data subject. You also have the following rights in relation to your personal data:
8.12.1. to request the rectification of inaccurate or outdated personal data, so that if you discover that the personal data we process about you is inaccurate or incomplete, you have the right to have it rectified or completed without undue delay,
8.12.2. to request confirmation as to whether processing is taking place and, if so, information relating to that processing to the extent provided for in Article 15 of the GDPR, as well as a copy of the data processed (we are entitled to charge a fee for further copies to cover the necessary costs),
8.12.3. in some cases you have the right to have your personal data erased by us. We will delete your personal data without undue delay if we no longer need it for the purposes for which we processed it, or you exercise your right to object to the processing and we find that we no longer have any such legitimate interests justifying the processing, or it becomes apparent that the processing of your personal data by us is no longer in accordance with generally binding regulations. However, this right does not apply if the processing of your personal data is still necessary for compliance with our legal obligation, for archiving purposes, for scientific or historical research or statistical purposes, or for the establishment, exercise or defence of legal claims.
8.12.4. exercise the right to restrict the processing of personal data. This right allows you to request, in certain cases, that your personal data be marked and not be subject to any further processing operations - in this case, however, not forever (as in the case of the right to erasure), but for a limited period of time. We have to restrict the processing of personal data when you dispute the accuracy of the personal data before we can agree what data is correct or we process your personal data without sufficient legal basis (e.g. beyond what we have to process) but you would prefer only to restrict such data before erasing it (e.g. If you expect that you would provide us with such data in the future anyway), or we no longer need the personal data for the above processing purpose but you require it for the establishment, exercise or defence of your legal claims, or you object to the processing and we are obliged to restrict the processing of your personal data for the period we are investigating whether your objection is justified.
8.12.5. to request the transfer of personal data in cases of processing based on your consent or under contract,
8.12.6. object to processing of personal data that is based on our legitimate interest. We will stop processing your personal data unless we have compelling legitimate grounds for continuing to do so. If we object to marketing activities, we will cease such activities.
8.13. The right to lodge a complaint with the supervisory authority. If you become convinced that we have violated the GDPR in processing your personal data, you have the right to file a complaint with the Office for Personal Data Protection, which is located at Pplk. Sochora 27, 170 00 Prague 7 (http://www.uoou.cz).