Terms of service

GENERAL TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") regulate the relations between the parties to the Purchase Contract, where on the one hand there is a natural person engaged in business, registered in the register of trade business under the identification number 08692076 (hereinafter referred to as "Seller") and on the other hand there is a purchasing party, which is a natural person not acting in the exercise of an independent profession (hereinafter referred to as "Buyer"). These Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and the Buyer via the Online Shop. The online shop is operated by the Seller on the internet address www.elsewho.com, in an e-shop which is operated via a web interface (hereinafter referred to as the "web interface of the shop").

1.2 These terms and conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.elsewho.com (hereinafter referred to as the "Website") and the related legal relations.

1.3 In the event that an agreement between the Buyer and the Seller expressly stipulates a deviating provision from these Terms and Conditions in the order or in another document, such deviating provision shall prevail over the provisions of these Terms and Conditions.

1.4 These terms and conditions are part of the purchase contract and the buyer agrees to their wording when using the web interface of the shop.

1.5 The Buyer acknowledges that the Seller may change or amend these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.

2. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

2.1 The Buyer shall be presented with a list of the goods offered for sale via the Website, including the prices of the individual goods. By clicking on the "order" button, the Buyer is transferred to the web interface where he is allowed to select the specification of the selected goods.

2.2 As part of the order, the goods may be modified by modifying the appearance of the goods, in particular by engraving a preset pattern or a pattern of his own design (hereinafter referred to as "custom design"). For the avoidance of doubt, the Buyer agrees to the use of the custom design and the goods modified on the basis of the custom design for the Seller's own promotion.

2.3 The Buyer acknowledges that the goods contained within the web interface of the Shop are highly specialised goods and that, in the case of particularly complex custom designs, deviations between the ordered goods adapted from the custom design and the original custom design cannot be excluded. Especially for natural materials (stones), which may differ from the photographs in the product offer.

2.4 The above list in graphical and textual form includes the end price. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. The prices are inclusive of VAT.

2.5 To select goods, the Buyer selects from the list of goods on offer and places them in their shopping cart.

2.6 In order to order goods, the Buyer shall fill in the order form in the web interface of the shop within his shopping cart. The order form contains in particular information about:

2.6.1. the goods ordered

2.6.2. the method of payment of the purchase price of the goods

2.6.3. the method of delivery of the ordered goods

and

2.6.4. the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

2.7 The Order on the web interface of the Shop also contains information on the costs associated with the packaging and delivery of the Goods. The Seller delivers the goods within the territory of the Czech and Slovak Republics. For both countries of delivery, different costs associated with packaging and delivery of the goods apply, the amount of which the Buyer is informed within the web interface of the Shop before confirming the order form.

2.8 Prior to the binding sending of the order, the buyer is obliged to make his own check and change the data he has entered in the order.

2.9 The order shall be deemed to have been dispatched when the Buyer confirms the order by clicking on the "SUBMIT" button.

2.10. After the order has been sent, the Seller shall immediately send a message to the Buyer confirming his/her order via e-mail to the Buyer's e-mail address provided by the Buyer in the order form. For the avoidance of doubt, it is stated that the confirmation is informative only and does not lead to the conclusion of the purchase contract.

2.11. The Buyer acknowledges the Seller's right to request additional order confirmation. For the avoidance of doubt, it is stated that if the Buyer fails to confirm the order within 5 working days of receiving the request for additional confirmation, the Seller shall have the right to withdraw from the concluded contract.

2.12. The Buyer further acknowledges the Seller's right to require additional clarification of its own proposal before accepting the order. For the avoidance of doubt, it is stated that if the Buyer does not specify or, in view of the technical possibilities of the Seller, does not modify the actual proposal within 5 working days of receipt of the request for additional clarification, the Seller shall have the right to withdraw from the concluded contract.

2.13. The Seller reserves the right to withdraw from the Purchase Contract in the event of a proposal for the conclusion of a Purchase Contract by a Buyer who has previously materially breached the Purchase Contract or the Terms and Conditions.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer in the ways specified within the web interface of the Shop. These are the following methods:

3.1.1 by wire transfer to the Seller's account No. 1486390030/3030, held with Air Bank (hereinafter referred to as the "Seller's account"). The name of the Buyer must be indicated in the payment note.

3.1.2 via online payment. We are cooperating with Comgate, a.s.:
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Phone number: +420 228 224 267

More information about online payment:

https://help.comgate.cz/v1/docs/cs/platby-kartou
https://help.comgate.cz/docs/bankovni-prevody

3.2 The Buyer acknowledges that in the event that the Seller deems it appropriate, in particular with regard to the scope of the Buyer's order and the total amount of the purchase price, the Seller is entitled to require the Buyer to pay an advance invoice.

3.3 For the avoidance of doubt, it is stipulated that the Buyer shall also pay, together with the Purchase Contract, the costs associated with the packaging and delivery of the Goods in the amount specified within the Order Form.

3.4 In the case of payment by advance invoice, the purchase price is payable within seven (7) days of the conclusion of the Purchase Contract to the Seller's account under the variable symbol of the order which is specified in the confirmation e-mail pursuant to paragraph 2.10.

3.5 The Seller is entitled, especially in the event that the Buyer fails to confirm the order additionally, see paragraph 2.11, to demand payment of the full purchase price before the goods are sent to the Buyer.

3.6 For the avoidance of doubt, the Buyer understands that any promotions or discounts on the purchase price of the goods cannot be combined.

3.7 If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made on the basis of the Purchase Contract. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address specified by the Buyer in the order.

4. WITHDRAWAL FROM THE CONTRACT BY THE SELLER

4.1 The Seller shall have the right to withdraw from the contract with the Buyer, or part thereof, if it is not possible due to temporary unavailability to deliver the goods within the delivery period, or within the agreed delivery period, or the goods are no longer produced or delivered, or the price has changed significantly by the supplier of the goods. If such a situation arises, the Seller shall immediately inform the Buyer in order to agree on a further course of action.

4.2 The Seller shall have the right to withdraw from the Purchase Contract with the Buyer if the payment of the Purchase Price by way of an advance invoice pursuant to Paragraph 3.2 is in vain ten (10) days after the due date of the advance invoice.

4.3 Upon effective withdrawal from the contract, the Seller is obliged to return the amount of the purchase price already paid to the Buyer by transferring it to the Buyer's account, unless the Seller and the Buyer agree otherwise.

4.4 In the event of withdrawal from the contract according to paragraphs 4.1 and 4.2, the purchase contract is cancelled from the beginning.

4.5 If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.


5. WITHDRAWAL FROM THE CONTRACT BY THE BUYER


5.1 The Buyer acknowledges that, pursuant to the provisions of Section 1837 of Act No. 89/2012 Coll. of the Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from the contract for the delivery of goods modified according to the Buyer's wishes. Therefore, the buyer cannot withdraw from the purchase contract on the basis of the provisions of Section 1829 of the Civil Code if he/she applies his/her own proposal in the order, on the basis of which the goods are modified.


5.2 The buyer has the right to withdraw from the purchase contract without undue delay after he has been able to discover that the goods are defective. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the buyer could have discovered it with reasonable diligence, but no later than twenty-four (24) months from the day following the date of receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller in writing to the e-mail address. The moment of claiming liability for defects shall be deemed to be the moment when the Seller has received the subject goods from the Buyer in accordance with paragraph 5.4.

5.3 The Buyer acknowledges that the Purchase Contract cannot be withdrawn in case of mechanical damage and improper handling of the purchased goods.

5.4 In the event of withdrawal from the contract according to paragraph 5.2, the purchase contract shall be cancelled from the outset. The goods must be sent to the Seller within fourteen (14) days after the withdrawal has been sent to the Seller. The Goods must be returned to the Seller undamaged and unworn and, if possible, in their original packaging. The costs of returning the goods shall be borne by the buyer.

5.5 Within fourteen (14) days of the return of the goods by the Buyer pursuant to paragraph 5.4 of the Terms and Conditions, the Seller shall be entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.

5.6 In the event of withdrawal from the Contract pursuant to paragraph 5.2 of the Terms and Conditions, the Seller shall refund the purchase price to the Buyer within ten (10) days of the end of the period for examination of the goods pursuant to paragraph 5.5 of the Terms and Conditions, but no later than thirty (30) days from the delivery of the withdrawal from the Purchase Contract to the Buyer, in cashless form to the account designated by the Buyer.

5.7 The Buyer may give notice of withdrawal in the form of a unilateral legal act delivered to the Seller. The Buyer may do so by completing the sample withdrawal form attached to the Terms and Conditions

and sending it:

5.7.1. by email to the Seller's email address.

5.8 If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.

6. TRANSPORT AND DELIVERY OF THE GOODS

6.1 The method of delivery of the goods shall be determined by the Buyer via the order form on the web interface of the Shop. The delivery methods are via Zasilkovna (delivery service).

6.2 Provided that the Buyer insists on the re-delivery of the goods that have not been delivered due to his/her fault, the Buyer undertakes to pay the costs associated with the re-delivery of the goods or the costs associated with another delivery method.

6.3 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods has been intact and that he does not find any obvious defects in the goods.

7. LIABILITY FOR DEFECTS AND QUALITY GUARANTEE

7.1 For the avoidance of doubt, it is stated that the Seller does not provide the Buyer with a guarantee of quality or any other possible liability for the quality of the goods that can be excluded within the limits of applicable law. The Buyer acknowledges in particular that the provisions of Sections 2113 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), do not apply.

7.2 The rights and obligations of the contracting parties with regard to the liability of the Seller for defects shall be governed by the relevant generally binding regulations, in particular the provisions of Sections 2099 et seq. of the Civil Code.

7.3 The procedure for exercising rights arising from defective performance within the meaning of § 2165 et seq. of the Civil Code is described in Article 5 of the BUYER'S RESIGNATION OF CONTRACT.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1 For the avoidance of doubt, it is stated that the Purchase Contract is concluded upon payment for the Goods. Ownership of the Goods shall pass from the Seller to the Buyer upon conclusion of the Purchase Contract. The risk of damage to the goods passes to the buyer upon acceptance of the goods.

8.2 For the avoidance of doubt, it is stated that the Buyer is not entitled to use the web interface of the shop in any other than the usual way, in particular, the Buyer is not entitled to use mechanical devices, software or other procedures within the use of the web interface of the shop that could even potentially compromise the functioning of the web interface of the shop or otherwise interfere with the rights of the Seller.

8.3 The Buyer acknowledges that all content of the Website, including the web interface of the Shop and the software itself, is protected as a copyright or similar intellectual property right of the Seller. The Buyer declares that it will not, without express consent, carry out any activity that may enable it or third parties to interfere with or make unauthorised use of the software or content identified above. In particular, the buyer agrees not to use photographs, specifications and other information relating to the goods without the express consent of the seller.


8.4 The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.


9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS


9.1 Protection of the Buyer's personal data is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.


9.2 The Buyer consents to the processing of the following personal data: name and surname, home address, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").

9.3 The Buyer consents to the processing of the Personal Data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement.

9.4 The Buyer acknowledges that he is obliged to provide his personal data correctly and truthfully when creating an order or in other cases and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

9.6 The personal data shall be processed for the time necessary to fulfil the object of the purchase contract and for the purposes of the Seller's accounting and tax obligations, after which they shall be deleted by the Seller without delay. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7 The Buyer confirms that the personal data provided is accurate and that it has been advised that it is a voluntary provision of personal data.

9.8 Should the Buyer believe that the Seller or the Processor is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to remedy the condition so caused. In particular, this may involve blocking, correcting, supplementing or destroying the personal data. If the Buyer's request pursuant to the preceding sentence is found to be justified by the Seller, the Seller or the Processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer shall have the right to contact the Data Protection Authority directly. This provision is without prejudice to the right of the buyer to address his complaint directly to the Data Protection Authority.

9.9 If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.

9.10. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's e-mail address.


10. SHIPPING

10.1 All correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the e-mail address specified in the order.

10.2. The message is delivered:
10.2.1. in the case of delivery by electronic mail, the moment of its receipt on the incoming mail server
10.2.2. in the case of delivery in person or through a postal service provider, when the addressee takes delivery of the parcel.

10.3. Shipping is provided only to the cities in the Czech Republic.

11. DISPUTE RESOLUTION AND PROMOTIONAL CLAUSE

11.1 All disputes relating to or in connection with the Purchase Contract shall be settled before the Czech courts of competent jurisdiction according to the Buyer's place of residence, in accordance with Czech law.

11.2 The Buyer shall be entitled to lodge a complaint with the Czech Trade Inspection Authority in connection with any disputes in accordance with the rules and on the form provided on the website of the Czech Trade Inspection Authority here https://adr.coi.cz/cs

12. FINAL PROVISIONS

12.1 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

12.2 The Seller's contact details are:

12.2.1. e-mail address: info@elsewho.com

In Prague on 1. 11. 2024