Terms and Conditions

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of
the OSA, z.s.,
registered office:
63839997, with registered office: Čs.

Armády 786/20, Bubeneč, 160 00 Prague 6
address for delivery.

(hereinafter referred to as "We" or "Seller")

 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), regulate, in accordance with the provisions of § 1751, paragraph 1 of the Act No. 89/2012 Coll., the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "Contract") concluded through the E-shop on the tradicevobrazech.cz website.

All information about the processing of your personal data is contained in the Privacy Policy, which can be found here.

The provisions of these Terms and Conditions form an integral part of the Contract. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website ("E-shop web interface").

If any part of the Terms contradicts what we have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will take precedence over the Terms.

I. SOME DEFINITIONS

1. The price is the amount of money you will pay for the Goods;
2. The price for shipping is the amount of money you will pay for delivery of the Goods, including the cost of packing them;
3. The total price is the sum of the Price and the Shipping Price;
4. VAT is a value added tax according to the applicable legislation;
5. The invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. An Order is your proposal to enter into a Contract for the purchase of Goods with Us;
7. A User Account is an account established on the basis of the data provided by you, which enables the storage of the data entered and the storage of the history of ordered Goods and concluded Contracts;
8. You are the person shopping on Our E-shop, legally referred to as the buyer;
9. Goods are everything you can buy on the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

1. When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information you have provided to Us when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE CONTRACT

1. The contract with Us can be concluded in Czech language. If a translation of the text of the contract into English or another language is necessary for Your purposes, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
2. The contract is concluded remotely via the E-shop, with the cost of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not need to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
3. In order for us to conclude the Contract, you must create a draft Order on the E-shop. This proposal must include the following information:
   
   (a) Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);
   (b) Information about the Price, the Shipping Charge, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the Order creation process within the E-shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods and delivery method you have selected;
   (c) Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.
   
   
4. During the creation of the Order proposal, you can change and check the data up to the time of its creation. After checking by pressing the "Order with payment obligation" button, the Order will be created. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to create the Order. The checkbox is used to confirm and agree. After pressing the "Order binding payment" button, all completed information will be sent directly to us.
5. We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms as in force on the date of the Order form an integral part of the Contract.
6. There may be cases where we are unable to confirm your Order. This includes situations where the Goods are unavailable or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not come as a surprise to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer. 
7. In the event that an obviously incorrect Price is indicated in the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending it, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.
8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
10. In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the predefined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User Account.
2. When registering for a User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.
3. Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access details and not to provide these details to anyone. In the event that they are misused, we shall not be liable for this.
4. The user account is personal and you are not entitled to allow third parties to use it.
5. We may cancel your User Account, especially if you have not used it for more than 2 years or if you breach your obligations under the Agreement.
6. The user account may not be available around the clock, especially with regard to necessary hardware and software maintenance.

V. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

1. The price is always indicated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
2. The total price is inclusive of VAT and all statutory charges.
3. Payment of the Total Price will be required from You after the conclusion of the Contract and before delivery of the Goods. You may pay the Total Price in the following ways:
   
   (a) By bank transfer. We will send you information for making the payment as part of the Order
   confirmation. In the case of payment by bank transfer, the Total Price is payable within 7 calendar days.
   (b) By online card. In this case, payment is made through Comgate's payment gateway and payment is subject to the terms and conditions of that payment gateway, which are available here. In the case of payment by card online, the Total Price is payable within 7 calendar days.
   
   

   The provider of the payment gateway is Comgate, a.s.
   For any complaints or questions about payments, you can contact Comgate, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: platby-podpora@comgate.cz, Tel: +420 228 224 267.
   Information about payment methods - card payments or bank payment buttons, including a basic explanation of the payment process, can be found at the links https://help.comgate.cz/v1/docs/cs/platby-kartou and
   https://help.comgate.cz/docs/bankovni-prevody.

4. The invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The invoice will also be available in your User Account.
5. Ownership of the Goods shall pass to you only after you have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

1. The goods will be delivered to you by the method of your choice, and you can choose from the following options:
   
   (a) Personal collection at the delivery points of the company Zásilkovna, Uloženka;
   (B) Delivery via transport companies Czech Post, PPL CZ, DHL, Zásilkovna, GLS;
2. Goods can be delivered within the Czech Republic and abroad.
3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is indicative only and may differ from the actual delivery time. In case of personal collection, we will always inform you about the possibility of collecting the Goods by e-mail.
4. Upon receipt of the Goods from the Carrier, it is Your obligation to check the integrity of the packaging of the Goods and in the event of any defects, to notify the Carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.
5. In the event that You breach Your obligation to accept the Goods, except in accordance with Article VI.4 of the Terms, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Price for transport or for damages, if any.
6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with such repeated delivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.
7. The risk of damage to the Goods passes to you when you take possession of them. In the event that you do not take delivery of the Goods, except in accordance with Article VI.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.
8. In case the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in case:
   
   (a) the Goods cannot be delivered at all;
   (b) a delay in delivery of the Goods from Our Supplier, and We will always advise You of the new expected delivery time.
   
   
9. In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery period specified in the Order Confirmation, for whatever reason, We and You shall be entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We warrant that at the time the risk of damage to the Goods passes under Article VI.7 of the Conditions, the Goods are free from defects, in particular that:
   
   (a) it has the characteristics that we have agreed with you and, if not expressly agreed, then those that we have stated in the description of the Goods or that can be expected in view of the nature of the Goods;
   (b) it is suitable for the purposes that we have stated or that are usual for Goods of this type;
   (c) it is of the quality or workmanship of the agreed sample, if the quality or workmanship has been determined from the sample;
   (d) it is of the appropriate quantity and weight;
   (e) it meets the requirements imposed on it by law; 
   (f) it is not encumbered by third party rights.
   
   
2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. In the event that the Goods are defective, i.e. in particular if any of the conditions under Article VII.1 are not fulfilled, you may notify Us of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us, which is attached as Appendix 1 to the Terms and Conditions, to make a claim. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in accordance with Article VII.4, without Our consent. We will settle the claim in accordance with the defective performance right You have exercised. In the event that You do not choose to resolve the defect, You shall have the rights set out in Article VII.5 even in situations where the defective performance was a material breach of the Contract.
4. If the defective performance is a material breach of the Contract, you have the following rights:
   
   (a) to have the defect remedied by delivery of new Goods without defect or delivery of the missing part of the Goods;
   (b) to have the defect remedied by repair of the Goods;
   (c) to receive a reasonable discount on the Price; 
   (d) to withdraw from the Contract.

If You choose to resolve the defect according to a) or b) and We do not remedy the defect in this way within a reasonable period of time specified by Us, or if We tell You that We will not remedy the defect in this way at all, You have rights according to c) and d), even if You did not originally request them in the complaint. At the same time, if you choose to remedy the defect by repairing the Goods and We find that the defect is irreparable, We will notify you and you may choose another method of remedying the defect.

1. If the defective performance is not a material breach of the Contract, you have the following rights:
   
   (a) to have the defect remedied by delivery of new Goods without defect or delivery of the missing part of the Goods;
   (b) to have the defect remedied by repair of the Goods; 
   (c) to receive a reasonable discount on the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to the recurrence of defects after the Goods have been repaired or if there are multiple defects in the Goods.

1. In the event of a material or immaterial breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:
   
   (a) if the condition of the Goods has changed as a result of an inspection for the purpose of discovering the defect;
   (b) if the Goods were used before the defect was discovered;
   (c) if the impossibility of returning the Goods in their unaltered condition was not caused by your act or omission;
   (d) if the Goods were sold, consumed or altered by you in the ordinary course of use before the defect was discovered; however, if this has occurred only in part, it is your obligation to return that part of the Goods which can be returned, in which case you will not be refunded the part of the Price corresponding to your benefit from the use of that part of the Goods.
   
   
2. Within 3 working days of receipt of the complaint, we will confirm to your email address that we have received the complaint, when we received it and the expected duration of the complaint. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
3. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.
4. If you are a business, it is your responsibility to notify and complain about the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.
5. If you are a consumer, you have the right to exercise your rights under the defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.
6. The provisions on the right of defect do not apply in the case of:
   
   (a) Goods which are sold at a lower Price, to the defect for which the lower Price was agreed;
   (b) wear and tear of the Goods caused by their normal use; 
   (c) used Goods to a defect corresponding to the level of use or wear and tear that the Goods had when you took them over;
   (d) where the nature of the Goods so requires.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
2. In case you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of § 1829 of the Civil Code. In case we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period shall start on the date of delivery of the last part of the Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall start on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.
3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract:
   
   (a) Goods whose Price depends on financial market fluctuations independent of Our will and which may occur during the withdrawal period;
   (b) delivery of alcoholic beverages which may not be delivered until after thirty days and whose Price depends on financial market fluctuations independent of Our will;
   (c) Goods that have been modified to Your wishes or for Your person;
   (d) Goods that are perishable and Goods that have been irretrievably mixed with another after delivery;
   (e) Goods in sealed packaging which have been removed from the packaging and cannot be returned for hygiene reasons;
   (f) the supply of an audio or visual recording or computer program where the original packaging has been damaged;
   (g) the supply of newspapers, periodicals or magazines;
   (h) the supply of digital content unless it has been supplied on a tangible medium and has been supplied with Your prior express consent before the expiry of the withdrawal period and We have told You that You have no right to withdraw from the Contract.
   
   
4. The withdrawal period under Article VIII.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.
5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected in the withdrawal. However, the amount will not be refunded before you return the Goods to us or before you prove that they have been sent back to us. Please return the Goods to Us clean, including the original packaging where possible.
6. In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, You are obliged to return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
7. You shall be liable to Us for damages in cases where the Goods are damaged as a result of Your handling them in a manner other than that which is necessary in view of their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us and the amount invoiced is due 14 days after receipt of the invoice. If We have not yet refunded the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.
8. We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular for non-payment of the agreed Price, reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Article VI.9 of the Conditions. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1820 (1) (n) of the Civil Code.
2. We handle consumer complaints via the electronic address tradicevobrazech@osa.cz. We will send information about the handling of the complaint to the buyer's electronic address.
3. The Czech Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
4. The European Consumer Centre Czech Republic is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).

X. FINAL PROVISIONS

1. If our legal relationship with you contains an international element (for example, we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
2. All written correspondence with you will be delivered by email. Our email address is listed next to Our identifying information. We will deliver correspondence to Your email address provided in the Agreement, in Your User Account or through which You have contacted Us.
3. The Contract may only be amended by written agreement between us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment becomes effective.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), we shall not be liable for damages caused as a result of or in connection with the force majeure, and if the force majeure lasts for more than 10 days, we and you shall have the right to withdraw from the Contract.
5. A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.
6. The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.
7. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller's consent.
8. The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. You must not use any practices in the use of the Online Shop that could adversely affect its operation and you must not carry out any activity that could allow you or third parties to interfere with or make unauthorised use of the software or other components that make up the Online Shop or use the Online Shop or any of its parts or software in a manner that would be contrary to its purpose or intent.
9. These Terms and Conditions will take effect on 1 October 2024.

Annex No. 1 COMPLAINT FORM
Annex No. 2 FORM FOR WITHDRAWAL FROM THE CONTRACT