Terms & Conditions
General terms and conditions of The Wufwuf Co, s.r.o.
I. Basic provisions and definitions of terms
These general terms and conditions (hereinafter referred to as the "GTC") govern the rights and obligations of the contracting parties - the company The Wufwuf Co, IČO: 117 121 71, with registered office: Lužická 1033/4, Vinohrady, 120 00 Praha, Czech Republic, registered in the Commercial Register of the District Court in Prague, insert no.: C 352484/MSPH as the seller, provider of service and license rights (hereinafter referred to as "Company The Wufwuf Co" or "seller") and buyer, or to service orderers (hereinafter referred to as "buyers"). The subject of the aforementioned purchase agreement is the purchase and sale of goods and related services on the seller's website.
In cases where the Company The Wufwuf Co acts as a provider, it provides services and/or license authorizations according to its current offer to individual buyers according to their requirements for the price and conditions specified for the specific service offer and/or license authorizations, while applying in relation to the relevant contract these GTC, unless otherwise stated.
By sending the order, the buyer confirms that he has familiarized himself with these GTC, which also includes the seller's complaint procedure. The buyer also declares that he has familiarized himself with the specific conditions of the service ordered and/or the license authorization provided and/or the goods supplied and that he agrees with them, in the wording valid and effective at the moment the order is sent.
The buyer is aware that the purchase of products that are in the seller's business offer does not give him any rights to use registered brands, trade names, the seller's logo or the seller's patents, unless otherwise agreed in a specific contract in a specific case.
For the purposes of these GTC, the following terms used therein have the following meaning:
"Goods", "products" or "equipment" means goods, products or services offered on the Seller's Site. "Consumer contract" is a contract concluded with a contracting party who is a natural person for a purpose that can be considered to belong to an area outside of its subject of business or other business activity or the performance of a profession, with another contracting party that acts within its subject of commercial or other business activity or profession. "Consumer" is any natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.
"Entrepreneur" is: a person registered in the commercial register, a person who does business on the basis of a trade license, a person who does business on the basis of a license other than a trade license according to special regulations, a person who carries out agricultural production and is registered in accordance with a special regulation. "Entrepreneur" is also one who acts in accordance with the previous sentence within the scope of his business activity. If the Buyer states his identification number (IČO) in the order, he acknowledges that the rules stated in the GTC for entrepreneurs apply to her/him.
A "buyer" is a consumer or entrepreneur. "Parties" are the buyer and the seller. "Site", "website" or "website" of the seller means the website www.ekoshop.shop or www.ekoshop.cz. Seller's "online store" or "e-shop" means the seller's website. "Offer" is an offer of goods and/or services by the seller in his online store. "Acceptance" is each "order" of the buyer, i.e. each filling out of the order form on the seller's online store page by the buyer and/or any other definite, clear and understandable expression of the buyer's will to acquire the goods and/or service offered by the seller in his online store, for on the assumption that this expression of will will reach the seller's sphere of influence. Terms not defined in this article of the GTC have a meaning that can be objectively assigned to a specific term, taking into account the logical meaning and economic purpose of the provision in which the specific term appears.
II. Contract of sale
A. Conclusion of the purchase contract
The contracting parties have agreed that by sending an order to the seller, the buyer confirms that he agrees that these GTC and their terms and provisions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, on the basis of which the seller will deliver the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular when concluding a purchase contract and claiming goods.
These GTC are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions different from the general business conditions, the provisions of the sales contract in the given different part will take precedence over these GTC.
The list of goods on any e-commerce website operated by the seller is a catalog of normally delivered goods, and the seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed for the buyer based on the buyer's question.
If the buyer is a consumer, the proposal for concluding a purchase contract is the placement of the offered goods by the seller on the seller's website, the purchase contract is created by sending the order to the buyer and consumer and accepting the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative electronic message (e-mail) to the specified email address, but this confirmation does not affect the formation of the contract. In the informative electronic message, the buyer will also find a link to the current version of the GTC. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the contracting parties or on the basis of the law. This procedure always applies, unless otherwise stipulated in these GTC.
If the buyer is an entrepreneur, the proposal for concluding a purchase contract is the order of goods sent to the buyer entrepreneur, and the purchase contract is created at the moment of delivery of the binding consent of the seller to the buyer entrepreneur with this proposal. The seller is not responsible for any errors during data transmission.
The concluded contract is archived by the seller for a period of at least five years from its conclusion, but for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to non-participating third parties. Information on the individual technical steps leading to the conclusion of the contract is provided in these General Terms and Conditions. These General Terms and Conditions are available on the seller's website, which enables them to be archived and reproduced by the buyer.
The costs of using remote means of communication (telephone, Internet, etc.) to place an order are at a normal amount, depending on the tariff of the telecommunications services that the buyer uses.
If services are ordered by the consumer buyer, then he hereby expresses his consent that they be provided to him before the expiration of the statutory withdrawal period.
B. Delivery of the object of purchase
By concluding the purchase contract, the seller undertakes to hand over the object of purchase to the buyer and, where appropriate, grant the appropriate license to the application, associated with the proper use of the object of purchase, and enable him to acquire the ownership right to the object of purchase, and the buyer undertakes to take over the object of purchase and pay the seller the purchase price price.
The buyer can become the owner of the object of purchase only after full payment of the purchase price. Similarly, this rule will be applied in the case of granting a license or providing a service.
The seller hands over the object of purchase to the buyer together with the documents that relate to the object of purchase.
The seller fulfills the obligation to hand over the object of purchase to the buyer if he allows him to dispose of the object of purchase at the place of fulfillment and notifies him in time.
If the seller is to send the object of purchase, he will hand over the object of purchase to the buyer's entrepreneur by handing it over to the first carrier for transport for the buyer and enable the buyer to exercise the rights from the transport contract against the carrier. The seller will hand over the item of purchase to the buyer-consumer only when the item of purchase is handed over to him by the carrier.
The seller will hand over the purchased item to the buyer in the finished quantity, quality and design.
With regard to preventing damage and ensuring problem-free supply, the seller reserves the right to deliver the goods to the buyer who ordered the goods within one order and/or one day for a total value exceeding CZK 1300, including VAT (only after full payment of the total purchase price) . As soon as the buyer pays the total purchase price of the purchased goods, the seller will make the shipment in accordance with the buyer's requirements specified in the order.
By sending an order, the purchasing entrepreneur expresses his consent to the fact that the purchased goods do not need to be supplied with instructions for their use in the national language.
When using all electronic content purchased from the seller, the buyer is obliged to comply with the obligations set forth in these GTC and generally binding legal regulations governing copyrights to works and specific license terms of the given product. If the buyer violates the
culpability, then he is obliged to pay any damages, accepting that such actions may also have criminal consequences.
The buyer is entitled to use all electronic works exclusively for his personal use, unless otherwise stated in the license conditions, and the purpose of this use is not to achieve direct or indirect economic or business benefit. The buyer is also not entitled to copy the purchased electronic content, nor to reproduce it in any other way, to make descriptions, clippings from it and to deal with it in any other way in violation of copyright, other legal regulations or the license conditions of the given product. Access to the electronic content may be prohibited or the license may be deactivated if the electronic content was obtained as a result of illegal activity.
The buyer will receive the goods at the price valid at the time of ordering. The purchasing consumer has the opportunity to familiarize himself with the total price, including VAT and all other fees, before placing the order. This price will be stated in the order and in the report confirming the receipt of the goods order. Before placing an order, the purchasing consumer has the opportunity to familiarize himself with the fact for how long the offer or price remains valid.
It is possible to order the item of purchase only through the seller's online store on the Site.
The buyer acknowledges that a situation may arise when the contract between the seller and the buyer is not concluded, especially when the buyer orders the goods at a price published by mistake due to an error in the seller's internal information system. In such a case, the seller informs the buyer about such a fact.
The seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority. The buyer will be informed about such a procedure. The buyer acknowledges that the purchase contract cannot be validly entered into in the above cases.
The buyer will be informed about the delivery time of the ordered goods via e-mail. The length of delivery of the ordered goods and the cost of transport depends on the method of transport chosen by the buyer.
IV. Payment terms
The seller accepts the following payment methods: online payment card.
The goods remain the property of the seller until full payment and acceptance, but the risk of damage to the property passes to the buyer upon acceptance of the goods.
The buyer's invoicing data cannot be changed retroactively after the order has been sent.
All listed prices of products in the seller's online store are set for the purpose of concluding a contract and their amount is not determined by law. The seller's online store always has current and valid prices. The prices are final, including VAT, or all other taxes and fees that the consumer must pay in order to obtain the goods, this does not apply to possible fees for the transport of the object of purchase and the like, which are indicated only within the so-called shopping basket and their amount depends on buyer's choice.
Promotional prices are valid until stock is sold out when specifying the number of promotional items or for a specified period of time.
The original price means the price of the goods, services and license for which the seller offered the goods, services and/or license in question without taking into account the total possible bonuses, marketing campaigns to support sales and other promotions on the e-shop operated by the seller, or the price non-bindingly recommended by the manufacturer or distributor , while the price that better reflects the price level of the given product on the market will always be displayed.
VI. Delivery conditions
A. Methods of Delivery
The seller ensures or mediates the following delivery methods:
shipping by shipping service
sending by courier
Individual modes of transport are offered according to the current availability of individual services and with regard to capacity and possible travel distance. In the event of force majeure or an information system failure, the seller is not responsible for late delivery of the goods.
All offered modes of transport, their current conditions and prices are listed on the seller's website.
B. Other Terms
The buyer, who is an entrepreneur, is obliged (for the buyer who is a consumer, this procedure is recommended), immediately upon delivery, check with the carrier the condition of the shipment (number of packages, damage to the box) according to the attached waybill. The buyer is entitled to refuse acceptance of a shipment that is not in accordance with the purchase contract because the shipment is, for example, incomplete or damaged. If the buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.
Incomplete or damaged shipments must be reported immediately by e-mail to firstname.lastname@example.org or The Wufwuf Co, s.r.o. Lužická 1033/4, Vinohrady, 120 00 Praha, Czech Republic, write a damage report with the carrier and send it to the seller by e-mail or post without undue delay. Additional complaints of incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they give the seller the opportunity to demonstrate that this is not a violation of the purchase contract.
VII. Withdrawal from the contract
A. Withdrawal by Consumer Buyers
The consumer has the right to withdraw from a contract concluded at a distance (through the seller's online store) without giving a reason within 14 calendar days from the day of receipt of the goods or from the conclusion of the contract for the provision of services or the conclusion of the contract for the provision of electronic content not supplied on a physical medium, while it is necessary that a notice of withdrawal from the contract was sent to the seller within the specified period to the address: email@example.com or The Wufwuf Co, s.r.o. Lužická 1033/4, Vinohrady, 120 00 Praha, Czech Republic. TInstructions on exercising the consumer's right to withdraw from the purchase contract together with the contract withdrawal form form Annex No. 1 to these GTC.
The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last, delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or last piece, supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
The consumer cannot withdraw from the contract to which it is subject the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place, sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery.
The consumer can exercise the right to withdraw from the seller's contract in written form or in the form of a record on another durable medium. For these purposes, the consumer can use the contract withdrawal form according to Appendix No. 1.
The consumer bears the burden of proof for exercising the right to withdraw from the contract.
The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller will return these payments to the consumer in the same way that the consumer used for his payment.
The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the seller. Additional costs mean the difference between the costs of the delivery chosen by the consumer and the costs of the cheapest common delivery method offered by the seller.
The seller is not obliged to return payments to the consumer before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller. The consumer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest.
In case of withdrawal from the contract, the consumer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods.
The consumer is only responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
If the consumer withdraws from the contract for services and has given explicit consent before starting the provision of services, the consumer is obliged to pay the seller only the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract.
B. Withdrawal from the contract by the buyer who is an entrepreneur
In the event that the buyer is an entrepreneur, after consideration by the seller, the buyer may be offered a withdrawal from the purchase contract depending on the condition of the returned goods, the warranty and the current price of the returned goods, to which, however, the buyer, who is an entrepreneur, is not legally entitled. The condition of the goods will also be evaluated by the seller. In case of non-agreement on terms acceptable to both parties, the goods will be returned to the buyer at the buyer's expense. The seller is entitled to charge the buyer for any additional costs incurred.
VIII. Complaints procedure
General provisions of the complaints procedure
The buyer, who can be an entrepreneur or a consumer, is obliged to familiarize himself with these General Terms and Conditions (and especially with this part of them) before ordering the goods. The buyer acknowledges that he is obliged to provide the seller with the necessary cooperation for processing the complaint, otherwise the deadlines will be adequately extended by the time during which the buyer did not provide the required cooperation.
Length of warranty
As proof of warranty, the seller issues a purchase receipt (invoice, receipt, etc.) for each purchased product with all the necessary data for the warranty claim (in particular product name, warranty length, price, quantity, serial number).
At the explicit request of the buyer, the seller will provide a guarantee in writing (warranty certificate). However, by default, if the nature of the item allows it, the seller issues a proof of purchase of the item containing the above-mentioned information to the buyer instead of a warranty certificate.
The warranty period basically begins on the day the goods are received by the buyer.
The warranty period is 24 months.
The warranty period is extended by the period during which the goods were under complaint. Rights from liability for product defects, for which the warranty period applies, expire if not exercised within the warranty period.
Making a complaint
The buyer makes a claim for defective goods by sending them by transport service to the address The Wufwuf Co, s.r.o. Golčova 485, 148 00 Praha, Czech Republic. The claimed goods must be thoroughly secured so that they are not damaged during transport, the package must be visibly marked "CLAIM" and contain: the claimed goods (including complete accessories), a copy of the purchase receipt, a detailed description of the error, sufficient contact details of the buyer (especially the return address and phone number) and the requested method of processing the claim. Without the above, it is impossible to identify the origin and error of the goods.
The buyer shall prove the validity of the warranty by presenting the purchase receipt, if the goods have been complained about in the past, they shall also provide proof of the complaint. The delivery document (purchase or complaint document) must have the same serial number as the complained product.
The complaint is considered to have been applied only at the moment when the claimed goods are delivered to the seller, or to a person authorized and/or designated by him at the address specified in Article VIII. letter Section C 1 of these GTC and at the same time meets all requirements prescribed by generally binding legal regulations and these GTC, especially those listed in Article VIII. letter Section C 1 of these GTC.
Violation of the serial number exposes the buyer to the risk of rejection of the claim, unless the damage occurs during normal use. Serial numbers are an integral part of the product and do not limit the customer's right to use and handle the goods within the scope of what the goods are intended for. The warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):
mechanical damage to the goods, by electrical overvoltage (visible burnt parts or circuit boards) with the exception of normal deviations, using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which are directly specified by the seller or manufacturer, unprofessional installation, handling, service, or neglect of the care of the goods, if it was var or its part damaged by a computer virus, etc., if the error manifests itself only with software for which the customer is unable to prove a legal method of acquisition, or with the use of unauthorized software and consumables,
the goods were damaged by excessive loading or use contrary to the conditions specified in the documentation or general principles, by carrying out an unqualified intervention or changing parameters, goods that have been modified by the customer (painting, bending, etc.), if an error has arisen as a result of this modification, the goods were damaged by natural elements or force majeure, using incorrect or faulty software, by the use of incorrect or non-original consumables, nor for possible damages caused as a result, unless the use is also not usual and was not excluded in the attached instructions for use.
These restrictions do not apply if the characteristics of the goods, which are contrary to the above conditions, have been expressly agreed upon by the buyer and the seller, exchanged or declared by the seller, or if they can be expected due to the advertising carried out or the usual way of using the goods.
The goods sent for a claim will only be tested for the error indicated by the buyer (in the claim form or in the message from the buyer with a description of the error).
If the technician finds that the cause of the problems is not the claimed product, but incorrect software installation, if the data was damaged by the incorrect behavior of an application not supplied by the seller, or if the data was damaged by the buyer or a third party, the claim will be rejected.
Refusal to accept a complaint
The seller has the right to refuse to accept the goods for a claim in cases where the claimed goods and/or their components are dirty or do not meet the basic requirements for hygienically safe delivery of the goods for the claim procedure.
Special provisions if the buyer is a consumer
In the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, according to requirements of the buyer either by replacing the item or repairing it.
If such a procedure is not possible, the buyer can demand a reasonable discount from the price of the item or withdraw from the contract. This does not apply if the buyer knew about the contradiction with the purchase contract before taking over the item or if he himself caused the contradiction with the purchase contract.
Conformity with the purchase contract is understood in particular to mean that the thing being sold has the quality and utility properties required by the contract, described by the seller, the manufacturer or his representatives, or expected on the basis of the advertising carried out by them, or the quality and utility properties usual for a thing of this kind, that it meets the requirements of legal regulations, it is in the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.
When the buyer is a consumer, depending on the nature of the error, he has the following rights when applying the statutory warranty: if it is a defect that can be removed, the right to a free, proper and timely removal of the defect, the right to exchange a defective product or a defective part, if this is not disproportionate due to the nature of the defect. If such a procedure is not possible, he has the right to an adequate discount from the purchase price or withdrawal from the purchase contract, if it is an irreparable defect that prevents the proper use of the goods, the right to exchange defective goods or withdraw from the purchase contract, the same rights belong to the consumer, if it is a defect that can be removed, but if the buyer is unable to properly repair the item due to the reoccurrence of the defect after repair or due to a larger number of defects use. Reoccurrence of a fault is considered especially if the same fault preventing proper use, which has already been removed at least twice during the warranty period, occurs again. A greater number of defects is understood if the item simultaneously has at least three defects preventing its proper use, if there are other defects that cannot be removed and the consumer does not demand the exchange of the item, he has the right to an adequate discount from the purchase price or withdrawal from the purchase contract.
The buyer chooses the method of settlement of the claim. The seller will notify the buyer of the inappropriateness of the choice and propose a suitable method (especially in the case when the buyer requires a method related to a removable error, but the seller finds out that it is a non-removable error). If the consumer does not choose the method of dealing with the complaint within the reasonable period provided by the seller, the seller will choose it.
In the case of a discount, it is not possible to claim the goods later due to the error for which the discount was granted.
When the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the error. The seller will deal with the complaint, including the removal of the error, without undue delay, no later than 30 days from the date of application of the complaint. After the expiration of this period, it is considered that the defect in the goods really existed and the consumer has the same rights as if it were a defect that cannot be removed.
If the consumer made a complaint within the first 12 months from the purchase, the seller can only reject it based on a professional assessment. The seller will provide the consumer with a copy of the expert assessment within 14 days from the day the claim was processed. If the seller rejects the claim after 12 months from the purchase, he is obliged to indicate on the equipment document to whom the buyer can send the product for expert assessment. If the consumer proves the seller's responsibility for the defect through a professional assessment, he can make a claim again. All purposefully incurred costs associated with the expert assessment are borne by the seller, who is obliged to pay them to the consumer within 14 days from the day of the renewed claim. A renewed claim cannot be rejected by the seller.
The seller issues written confirmation to the buyer-consumer of when the claim was made, what it contains, what method of handling the claim is required, by email immediately after receiving the claim (in the case of a personal claim, it is handed over immediately); further confirmation of the date and method of processing the complaint, including confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.
The buyer has the right to reimbursement of necessary costs (in particular the postage he paid when sending the claimed goods), which he incurred in connection with the exercise of legitimate rights from liability for product defects, which were actually and purposefully incurred. The seller shall pay the said costs to the buyer without undue delay after delivery of a written request for the reimbursement of costs, which will contain the account number to which the costs are to be paid to the buyer. In case of withdrawal from the contract due to an error in the subject of purchase, the consumer also has the right to reimbursement of the costs of this withdrawal.
Special provisions if the buyer is an entrepreneur
If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within a reasonable period of time from the date of application of the complaint. The buyer entrepreneur will be informed about this decision via contact e-mail.
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the error does not prevent normal use, the seller and the buyer can agree on a reasonable discount from the price of the goods. In the case of a discount, it is not possible to complain about this error later.
If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the seller is entitled to exchange the defective product for a product with the same or similar useful properties.
Common provisions of the complaints procedure
After processing a valid complaint, the warranty period is extended by the duration of the complaint. In the event of an unauthorized complaint, the warranty period is not extended. If the product complaint was settled by replacing the product with a new one within the legal warranty period, the warranty period will begin to run again from the date the complaint was settled. The duration of the claim is calculated from the day following the application of the claim to the day the claim is dealt with, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the equipment by e-mail, which he indicated during the purchase.
After processing the complaint, the seller will notify the buyer of the termination of the complaint by e-mail. If the goods were sent by a transport service, they will be automatically sent to the buyer's address after fitting.
The buyer is obliged to check the received goods and their compliance with the issuing complaint protocol. The buyer will also check the completeness of the goods, especially whether the packaging contains everything it is supposed to contain. Later objections will not be considered. These agreements do not affect the legal deadline for exercising rights from faulty performance.
IX. Personal data and their protection
The buyer acknowledges that his personal data is processed by the seller in accordance with the relevant legal regulations. The terms and scope of personal data processing can be found on the seller's website.
X. Choice of applicable law and jurisdiction
Any legal relations regulated by these GTC, as well as legal relations not regulated by these GTC between the seller and the buyer, and all contractual relations concluded between the seller and the buyer are governed by the legal order of the Czech Republic.
Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), as well as related regulations, in particular Act No. 102/2014 Coll. Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws as amended (hereinafter referred to as the "Distance Selling Act ") and the legal relations of the seller with the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as the "Commercial Code"), as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.
In the event that the choice of applicable law pursuant to paragraph 2 deprives the consumer of the protection provided also by the provisions that cannot be deviated from by agreement, according to the law that would have been the applicable law in the absence of the choice of law, these provisions of the law from which the priority over the provisions of the chosen law and these GTC cannot be deviated by agreement.
For the avoidance of any doubt, the contracting parties have expressly agreed that the UN Convention on Contracts for the International Sale of Goods adopted on April 11, 1980 in Vienna shall not be used to regulate their contractual relations.
All disputes arising from these GTC and/or from the contracts concluded between the seller and the buyer or related to these contracts, including disputes about their validity and/or the validity of these GTC (or their parts), interpretation, or cancellation, will be resolved before the general by the courts of the Czech Republic, unless an international treaty to which the Czech Republic is bound or a directly effective legal act of the European Union provide otherwise.
If the consumer has a problem with the seller that concerns the purchased goods, product or service, he can resolve his dispute out of court by means of an alternative (hereinafter referred to as "ARS") or online dispute resolution (hereinafter referred to as "ORS"), which is governed by the directive of the European of the Parliament and the Council No. 2013/11/EU on alternative resolution of consumer disputes.
XI. Final provisions
These GTC are valid and effective from 1 October, 2022.
In the event that any provision (or part thereof) of these General Terms and Conditions and/or contracts concluded between the seller and the buyer becomes invalid, the other provisions (parts thereof) of these General Terms and Conditions and/or contracts concluded between the seller and the buyer remain valid and effectively. Instead of an invalid provision, the provisions of generally binding legal regulations regulating the issue of the mutual relationship of the contracting parties shall be used. The contracting parties then undertake to modify their relationship by accepting another provision, which in its content and nature best corresponds to the intention of the invalid provision.
The seller reserves the right to change the GTC without prior notice.
The order can be placed through the seller's online store 24 hours a day, 7 days a week (hereinafter referred to as "business hours").
In the event of an information system failure or force majeure, the seller is not responsible for non-compliance with operating hours.
Annex no. 1
INSTRUCTION ON EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
Every consumer has the right to withdraw from this contract without giving a reason within 14 days. The period for withdrawing from the contract expires after 14 days from the day when the consumer or a third party designated by the consumer, with the exception of the carrier, takes over the goods.
The consumer can exercise the right to withdraw from the contract by notifying The Wufwuf Co Company in writing of his decision to withdraw from this contract with a clear statement (for example, by letter sent or e-mail) to the address The Wufwuf Co, s.r.o. Lužická 1033/4, Vinohrady, 120 00 Praha, Czech Republic, respectively. to e-mail: firstname.lastname@example.org
For this purpose, the consumer can use the sample form for withdrawing from the contract listed on the website www.ekopet.shop, which forms Annex No. 1 of the General Terms and Conditions of The Wufwuf Co Company.
The withdrawal period is preserved if the consumer sends a notice of exercise of the right to withdraw from the contract before the withdrawal period expires.
After withdrawal from the contract, all payments made by the consumer in connection with the conclusion of the contract will be returned to the consumer, in particular the purchase price, including the costs of delivery of the goods. This does not apply to additional costs if the consumer has chosen a different type of delivery than the cheapest normal delivery method in the offer. Payments will be returned without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract. Their payment will be made in the same way that the consumer used for payment, if he did not expressly agree to another payment method, without charging any additional fees.
Payment for the purchased goods will be made to the consumer upon delivery of the returned goods back to the specified address or upon presentation of a document evidencing the return of the goods, whichever occurs first. The period is considered to have been preserved if the goods were sent back before the expiry of the 14-day period. The direct costs of returning the goods are borne by the consumer. When withdrawing from the contract, the consumer is only responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the nature, properties and functionality of the goods.
SAMPLE FORM FOR WITHDRAWAL FROM THE CONTRACT
(fill in and send this form only if you wish to withdraw from the contract)
The company The Wufwuf Co, s.r.o.
Lužická 1033/4, Vinohrady, 120 00 Praha, Czech Republic
Identification number: 117 12 171
I hereby announce that I withdraw from the contract for this product/from the contract for the provision of this service:
Name and surname of the consumer:
Signature of the consumer (only if this form is submitted in paper form):