Terms and Conditions
1 INTRODUCTORY PROVISIONS
1.1 In accordance with the provisions of §1751 paragraph 1 of Act No. 89/2012 Coll. (Civil Code), as amended, TOTEMO s.r.o. issues the following terms and conditions, which are an integral part of the purchase contract concluded between TOTEMO s.r.o. with registered office at Katovická 402/22, Bohnice, 181 00 Prague 8, ID No.: 082 68 746, registered under file number C 316017 in the Commercial Register maintained by the Municipal Court in Prague (hereinafter referred to as the Seller) on the one hand and the Buyer on the other hand. The contact details of the Seller (and business premises) are:
Katovická 402/22, Bohnice, 181 00 Prague 8
phone: 799 797 211 email: [email protected]
1.2 The Buyer is a natural or legal person who enters into a purchase contract with the Seller via the online shop located at www.totemo.cz (hereinafter referred to as the e-shop).
1.3 By concluding the Purchase Contract, the Buyer confirms that he/she has read the full text of these Terms and Conditions, that he/she understands all its provisions and that he/she fully agrees to them.
1.4 The Seller is entitled to change the wording of these Terms and Conditions at any time. The Buyer is bound by the wording of the Terms and Conditions current at the time of conclusion of the Purchase Agreement.
2 USER ACCOUNT
2.1 On the basis of the Buyer's registration on the e-shop's website, the Buyer may access his user interface (hereinafter referred to as the user account) and place orders for goods. The Buyer may also order goods without registration.
2.2 When registering and ordering goods, the Buyer is obliged to provide all the information truthfully and to update the registered information upon any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
3 CONCLUSION OF THE PURCHASE CONTRACT
3.1 By selecting goods from the Seller's offer and ordering them (by filling in the order form), the Buyer submits a proposal to the Seller to conclude a purchase contract. The Purchase Contract between the Seller and the Buyer is concluded at the moment of acceptance of this proposal, i.e. confirmation of the order by the Seller. In the event that there is no confirmation of the order by email from the seller, it is considered that the purchase contract has not been concluded.
3.2 The order form contains in particular the designation of the goods, the price of the goods, the method and price of transport of the goods and space for filling in the identification data of the buyer.
3.3 The Buyer's identification data are in particular the Buyer's name and surname (or company name and registration number), home address (or registered office address), contact telephone number, e-mail address and, where applicable, delivery address. By concluding the purchase contract, the customer agrees to provide his/her identification data to the seller as well as to third parties involved in the delivery of the goods (GLS, parcel service, etc.)
3.4 The price of all goods offered on the Seller's e-shop is quoted inclusive of VAT and all charges related to the sale (except for the price of shipping and payment, which is quoted separately). The price of the goods is valid for the period of its publication on the Seller's e-shop.
3.5 The validity of the order is subject to the completion of all the details of the order form, including the acceptance of the wording of these terms and conditions.
3.6 The Seller is entitled, in relevant circumstances, to ask the Buyer to confirm his order by telephone or in writing before confirming the order and thus concluding the purchase contract.
3.7 Upon conclusion of the purchase contract, the Seller is obliged to hand over the ordered goods to the Buyer and the Buyer is obliged to pay the agreed price for these goods to the Seller. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
4 RETURN OF GOODS (WITHDRAWAL FROM THE CONTRACT)
4.1 The Buyer may return the purchased goods without giving any reason within 14 days of receipt. The goods can be returned either in person at or sent to Mlýnská 60/2, 160 00 Prague 6. The returned parcel must be accompanied by a notice of withdrawal from the purchase contract (a model can be used in the order confirmation email), a copy of the tax document and the account number to which the refund should be sent. The cost of sending the returned goods is borne by the buyer. COD shipments will not be accepted. The buyer is also responsible for the goods until the seller accepts the return and must use a safe method of transport for the shipment.
4.2 Goods must be returned undamaged, without signs of use or wear, with all accessories and in their original packaging. Construction sets, audio and video recordings (CDs, DVDs) must have intact packaging (this also applies to CDs and DVDs inserted in books).
4.3 The Seller shall examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed. No later than 30 days after receipt of the returned goods, the Seller shall refund the purchase price for the goods to the Buyer, either in cash to an account designated by the Buyer or in cash.
5 CLAIMS FOR GOODS
5.1 The statutory warranty period is 2 years. The tax receipt also serves as the warranty certificate. Liability for defects does not apply to defects caused by improper use of the goods and to wear and tear caused by normal use of the goods. The claim must be made without undue delay, as soon as the defect has been discovered. Continued use of the defective goods may cause the defect to worsen, depreciate the goods and may be grounds for rejection of the claim.
5.2 If the Buyer decides to claim defective goods during the warranty period, we always recommend prior consultation by e-mail at [email protected]. A copy of the tax receipt must always be enclosed. When sending claims to the Seller's address, the Buyer shall use the enclosed claim form.
5.3 No later than 30 days after receipt of the claimed goods, the Seller shall notify the Buyer of the method of resolving the claim (acceptance / non-acceptance, claim, replacement / repair of the goods). If the amount for the claimed goods is to be refunded to the Buyer by bank transfer, this can only be done to bank accounts in CZK in the Czech Republic. Refunds by postal order are not possible.
5.4 The Buyer is responsible for the goods until the claimed shipment is accepted back by the Seller and is obliged to use a safe method of transport of the shipment. In the event of a legitimate claim, the Buyer may be reimbursed for reasonable shipping costs if they provide proof (scan of postage receipt, etc.) and send it to [email protected]. In the event of an unjustified claim, the buyer is not entitled to reimbursement of his costs associated with the handling of the claim. The unjustified claim can only be sent back to the buyer at the buyer's expense.
5.5 The Buyer, who is a consumer according to Act No. 634/1992 Coll., has the right under the Consumer Protection Act to an out-of-court settlement of a consumer dispute arising from a contract for the supply of goods. In the event that a consumer dispute arises between our company and the purchaser and cannot be resolved by mutual agreement, the purchaser may submit a proposal for out-of-court resolution of such dispute to the designated body for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority:
Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15,120 00, Prague 2
E-mail: [email protected], website: adr.coi.cz
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
6 PROTECTION OF PERSONAL DATA
6.1 The Buyer agrees to the processing of the following personal data: name and surname, residential address or other place of delivery of the goods, identification number, tax identification number, e-mail address, telephone number and so-called cookies from his computer (hereinafter collectively referred to as "personal data"). The personal data will be processed for an indefinite period of time.
6.2 The Buyer agrees to the processing of the Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. The Buyer declares that he/she has been informed that he/she may withdraw his/her consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.
6.3 The Buyer is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and is obliged to inform the Seller without undue delay of any change in his/her personal data.
6.4 Personal data is protected against misuse and, except for persons transporting the goods, personal data will not be passed on to third parties without the prior consent of the Buyer.
7 FINAL PROVISIONS
7.1 All relationships not governed by these terms and conditions shall be governed by the relevant provisions of the Civil Code as well as other related legislation.
7.2 In the event that any provision of these Terms and Conditions is found to be illegal or invalid, the validity or effectiveness of the other provisions of these Terms and Conditions shall not be affected.
7.3 Pursuant to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax authorities online; in case of technical failure, within 48 hours at the latest.
7.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement and the Buyer confirms by sending the order that he has read and agrees to them.
These terms and conditions come into force on 27 March 2023