General terms and conditions for the sale of goods

These general terms and conditions for the sale of goods (hereinafter referred to as " terms and conditions ") apply to contracts concluded through the Dortisimo.cz online store located on the web interface www.dortisimo.cz (hereinafter referred to as " web interface ") between
our company:
Dortisimo.cz s.r.o. , with registered office at Prosecká 682/117, Prosek, 190 00 Prague 9
ID: 24239241
VAT number: CZ24239241
registered: in the commercial register maintained by the Municipal Court in Prague, section C, insert 201508
address for delivery: Dortisimo.cz s.r.o., Toužimská 897/E1, Prague 19900
phone number: +420 739 699 384
contact e-mail: info@dortisimo.cz

as a seller
and you as the buyer .

as the seller and you as the buyer.

1. INTRODUCTORY PROVISIONS

With the purchase contract, we undertake to deliver to you the goods specified in the order (or a gift voucher) and you undertake to take delivery of these goods (either in person or from the carrier) and pay us the purchase price (or just " the price "), including the costs associated with the delivery of the goods and any fees related to the chosen method of payment, specified in the order.

You acquire title to the goods upon payment of the full purchase price, but not before you take delivery of the goods.

1.1. Does the purchase contract apply only to the goods?

Any contract concluded in accordance with these terms and conditions is referred to here as a purchase contract (or just " contract ").

If these terms and conditions refer to goods, these provisions shall also apply appropriately to the sale of gift vouchers, unless other rules for gift vouchers follow from these terms and conditions.

1.2. Is the purchase contract a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection according to legal regulations and these terms and conditions. In particular, as a non-consumer, you do not have the right to withdraw from the contract without giving a reason.

1.3. What are your special rights as a consumer?

As a consumer, you primarily have:

• the right to withdraw from a contract concluded using means of distance communication, such as e.g. telephone, e-mail or online shop (Article 6 of these terms and conditions);
• the right from the warranty on goods, the conditions and application of which are governed by the Complaints Regulations for the sale of goods ;
• the right to communicate information before concluding the contract (information is contained in these terms and conditions or on the web interface);
• the right to an out-of-court settlement of a consumer dispute from the contract (Article 10.3 of these terms and conditions).

1.4. What governs our legal relationship?

Our legal relationship is governed by the following documents:

• by these terms and conditions, which define and specify our mutual rights and obligations;
• Complaints procedure for the sale of goods , according to which we will proceed when complaining about goods;
• The privacy policy , which governs the protection of your personal data;
• the conditions and instructions given on the web interface, especially when concluding the contract;
• the order and its acceptance by us,

and in matters not regulated here also by the following legal regulations:

• by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the " Civil Code ");
• by Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law . If you are a consumer and the legal system of your country of residence provides a higher level of consumer protection than the Czech legal system, you are provided with this higher level of protection in legal relations.

1.5. How do you agree to the terms and conditions?

By sending the order and also confirming it on the web interface, you confirm that you have read these terms and conditions and agree to them.

We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect.

2. PURCHASE AGREEMENT

2.1. How do we conclude a purchase contract?

The web interface contains a list of goods (or gift vouchers) including a description of the main features of each item. For each item, the price includes all taxes, duties and fees. The presentation of the goods is of an informative nature, and it is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. In order to conclude a contract, it is necessary that you send an order and that this order is accepted by us.

2.2. How to place an order?

You can always place an order via the web interface (by filling out a form), or by phone, e-mail or any other method that we allow according to the current information provided on the web interface.

The order must contain all the information prescribed in the form, in particular the exact designation of the ordered goods (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and, if applicable, invoicing).

Before the binding shipment of the order, you will be informed of the recapitulation of the order including the final price (depending on the chosen method of transport and payment). We recommend checking in particular the type and quantity of goods, e-mail and delivery address. As part of the recap, you have the last chance to change the entered data.

You place a binding order by pressing the "Complete order" button. We consider the data provided in the binding order to be correct and complete. Inform us about their change without delay by phone or e-mail.

We will inform you when the order is received. Information (confirmation) about the receipt of the order is at the same time acceptance of the order by us.

If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order is then treated as if it had not been submitted.

2.3. So when is the contract concluded?

The purchase contract is concluded the moment we receive your acceptance of the order. Order acceptance will be sent to the email address you provided in the order. Should the order not be accepted, the contract is concluded when you pay the entire purchase price or take delivery of the ordered goods (whichever occurs first). Acceptance of the order (acceptance) is part of the information about the receipt of the order according to Article 2.2 of these terms and conditions.

Information about the individual technical steps leading to the conclusion of the contract can be seen from the web interface.

2.4. Can you cancel an order that has already been sent?

You can cancel an order that we have not yet accepted (i.e. you have not been sent an order acceptance by us according to article 2.3 of these terms and conditions) by phone or e-mail. All orders accepted by us are binding. Later cancellation of the order is only possible after agreement with us. If an order for goods is canceled in this way, in respect of which it is not possible to withdraw from the contract (more details in Article 6), we are entitled to compensation for the costs that we have already incurred in connection with the contract.

2.5. Can the price shown on the web interface change?

The prices of the goods presented and the prices for packaging, shipping and delivery remain valid for the time they are displayed on the web interface. Any discounts on the price of goods cannot be combined with each other, unless something else is explicitly stated on the web interface.

In the event that there has been an obvious technical error on our part when indicating the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price , even if you have been sent an order acceptance in accordance with these terms and conditions. In such a case, we reserve the right to withdraw from the contract.

If the price indicated for the goods on the web interface or during ordering is no longer current, we will notify you of this fact immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.

Sent orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us in accordance with Article 2.3 of these terms and conditions.

2.6. In which languages can the contract be concluded?

The contract can be concluded in the Czech language, unless we expressly agree on another language.

2.7. Is it possible to get a contract in text form?

The contract is not concluded in writing with the signatures of the contracting parties. Your order and its acceptance by us constitute these terms and conditions. The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs associated with it.

2.8. Is the contract stored somewhere?

We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.

2.9. What if you don't understand something in the contract?

If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.

3. PAYMENT TERMS

3.1. What payment methods do we accept?

You can pay the purchase price mainly in the following ways:

• in cash when sending goods on cash on delivery or when collecting in person;
• cashless before delivery of goods by online payment card;
• cashless before delivery of the goods by transfer to our bank account (instructions will be given to you in the order confirmation).

Possible other payment methods are listed on the web interface.

Some payment methods (especially cash on delivery) may be subject to additional charges. These fees are listed on the web interface. The order will always include the final price, which already includes fees related to the chosen payment method.

3.2. When is the purchase price due?

In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receiving the order according to Article 2.3. Your obligation to pay the price is fulfilled in the case of non-cash payment when the relevant amount is credited to our bank account.

3.3. What currency can you pay in?

Payment for goods is possible in Czech crowns (CZK) or euros (EUR).

3.4. When can we request a deposit or advance payment?

We can request a deposit for the purchase price, especially for orders with a total price of over CZK 5,000.

Furthermore, we are entitled to ask you to pay the full price of the goods before they are sent or handed over (Section 2119 paragraph 1 of the Civil Code does not apply).

3.5. How do we issue receipts in connection with electronic records of sales?

According to Act No. 112/2016 Coll., on the registration of sales, we are obliged to issue you a receipt. At the same time, we are obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

By agreeing to these terms and conditions, you also give us your consent to provide the receipt in electronic form.

4. DELIVERY TERMS

4.1. How do we send the goods?

The methods of delivery of goods are listed on the web interface. You can choose the specific method of delivery of the goods in the order. If you do not choose any shipping method, we can determine it.

4.2. What are the shipping costs?

The cost of delivering goods always depends on the size and nature of the goods and on the price list of the selected carrier. Current costs for delivery of goods are listed on the web interface.

The order will always include the final price, which already includes the costs of the selected transport method.

4.3. When will we deliver the goods to you?

The delivery time of the goods always depends on its availability and on the chosen method of transport and payment.

We usually ship goods that are in stock within two working days of receiving the order (in the case of sending the goods on cash on delivery or in case of personal collection), or from crediting the payment to our account (in the case of non-cash payment).

Items that are not in stock will be shipped as soon as possible. We will inform you about the exact date.

Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure to fulfill the obligation to deliver the goods on our part, nor a withdrawal from the contract on your part.

4.4. How to proceed when receiving the goods?

When receiving the goods, check that the packaging of the goods is intact. If you discover deficiencies, inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, it is not considered an unjustified refusal of the goods.

At the moment of acceptance of the goods (or at the moment when you were obliged to accept the goods, but did not do so in violation of the contract), responsibility for accidental destruction, damage or loss of the goods passes to you.

4.5. What happens if you do not receive the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery.

In the event that you do not accept the goods without reason, we are entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs that we incur due to the non-acceptance of the goods. These costs will not exceed CZK 10 for each day of storage. Storage costs can reach a maximum total of CZK 500 or the purchase price, if it is lower than CZK 500.

Furthermore, in such a case, we have the right to withdraw from the contract.

5. USE OF THE GIFT VOUCHER

5.1. How can I redeem a gift voucher?

In order to redeem the gift voucher, the gift voucher that was sent to you based on your order must be redeemed with us. In particular, the following information is shown on the gift voucher:

• the amount that is the subject of the gift voucher;
• our identification data, including any addresses of establishments where the gift voucher can be redeemed;
• validity period of the gift voucher;
• unique numerical code of the gift voucher;
• the way in which the gift voucher can be redeemed.

5.2. Is the use of the gift voucher restricted in any way?

A gift voucher can only be redeemed once. A gift voucher is transferable and transferable to another person, even for a fee. A person who presents a validly acquired gift voucher has the same rights as the person who purchased the gift voucher.

The time during which the gift voucher can be redeemed is limited. The gift voucher can be redeemed no later than the last day of its validity period.

5.3. When can we refuse a gift voucher?

Please note that in certain situations we may refuse to accept a Gift Voucher. These are cases when:

• the gift voucher was presented after the expiry date;
• the gift voucher has already been used up once;
• the gift voucher was invalidated due to withdrawal from the contract.

6. WITHDRAWAL FROM THE PURCHASE AGREEMENT

6.1. How can you withdraw from the contract?

You can withdraw from the purchase contract within 14 days from the day of receipt of the goods; if the delivery is divided into several parts, from the date of acceptance of the last delivery. We recommend sending a notice of withdrawal from the purchase contract to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will confirm receipt of the notification to you without undue delay

You do not need to give any reason for withdrawing from the contract.

6.2. What are the consequences of withdrawing from the contract?

By withdrawing from the contract, the contract is canceled from the beginning and is viewed as if it had not been concluded.

If a gift was given to you together with the goods with your consent, the gift contract loses its effectiveness upon withdrawal from the contract by either party. Send the gift back to us together with the returned goods.

In case of withdrawal from the contract, the consumer will bear the costs associated with returning the goods.

6.3. When can you withdraw from the contract?

In accordance with § 1837 of the Civil Code, it is not possible to withdraw from, among others, the following contracts:

• the delivery of goods that have been modified according to your wishes or for you;
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
• delivery of goods in closed packaging, which you have removed from the packaging and for reasons of hygiene it is not possible to return it;
• delivery of newspapers, periodicals or magazines.

Please note that in the case of a gift voucher, its content does not consist in the permanent acquisition of the ownership right to the gift voucher, but rather in your authorization for performance, which is stated on the gift voucher. The gift voucher itself thus has the nature of a service. For this reason, in accordance with § 1837 letter a) of the Civil Code, the right to withdraw from the contract if you have used the gift voucher during the withdrawal period.

By ordering a gift voucher, you acknowledge and agree to this fact.

6.4. How do you return the goods to us?

You must return the goods to us within 14 days of withdrawing from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods on delivery. We are not obliged to accept goods sent on cash on delivery.

We recommend that you include the following with the returned goods:

• a copy of the delivery note and invoice, if these documents were issued, or another document proving the purchase of the goods;
• a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund (bank transfer, personal collection of cash or postal order or otherwise). Please include the delivery address, telephone number and e-mail address in the statement.

Failure to submit any of the above-mentioned documents does not prevent the positive processing of your withdrawal from the contract according to legal conditions.

6.5. When will you get your money back?

We will return all monies received to you within 14 days of withdrawal from the contract. However, please note that we are not obliged to refund you until you return the goods to us or prove that you have sent the goods to us.

In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you have chosen a different delivery method than the cheapest one offered by us, we will refund you the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.

We will refund you:

• the same way we received them, or
• in the way you will require.

In addition to the methods mentioned above, we can always return the money by sending it to the bank account you provided or the account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of withdrawing from the contract). By accepting these terms and conditions, you express your consent to the sending of funds according to the previous sentence on the condition that you will not incur any additional costs in this way.

You pay the costs associated with sending the returned goods to our address, even if the goods cannot be returned due to their nature by the usual postal route.

6.6. What if the returned item was damaged?

When sending, pack the goods in suitable packaging so that they are not damaged or destroyed.

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are liable to us for this decrease in the value of the goods.

6.7. When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

• due to a technical error, the clearly incorrect price of the goods was listed on the web interface (Article 2.5 of these terms and conditions);
• the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
• fulfillment becomes objectively impossible or illegal.

In the event that any of the above-mentioned facts occur, we will immediately inform you of our withdrawal from the contract. The withdrawal is effective against you when it is delivered to you.

If you have already paid the purchase price in whole or in part, we will return the amount received to you by cashless transfer to the account that you inform us for this purpose or from which you made the payment. We will return the money within five days of withdrawing from the purchase contract.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code).

When exercising rights from defective performance, we will proceed in accordance with our Complaints Regulations . Before submitting a complaint, please familiarize yourself with the Complaints Procedure so that the complaint can be handled as quickly as possible and to your satisfaction.

8. REGISTRATION ON THE WEB INTERFACE

8.1. How can you register on the web interface?

A user account is established by registering via the registration form on the web interface. Keep your user account access information confidential. We are not responsible for any misuse of the user account by a third party.

The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without compensation. In case of changes in your data, we recommend that you edit them immediately in your user account

8.2. What is a user account for?

Through the user account, you can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always listed on the web interface.

8.3. When can we cancel your user account?

Please note that we have the right to terminate your user account without compensation if your account violates good morals, applicable laws or these terms and conditions.

9. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

9.1. Is website content copyrighted?

The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software and others) is protected by our copyright or the rights of other persons. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make photos and texts available on the web interface free of charge or for a fee.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

9.2. Responsibility and use of the web interface

We are not responsible for errors arising as a result of interventions by third parties in the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the function of the system or place an unreasonable load on the system.

If you commit any illegal or unethical behavior while using the web interface, we are entitled to limit, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to pay us the full amount of the damage that can be proven caused by your actions in accordance with this paragraph.

Please note that clicking on some links on the web interface may leave the web interface and redirect you to the websites of third parties.

10. FINAL PROVISIONS

10.1. What authorizations do we have to carry out our activities and who controls us?

We are authorized to sell goods on the basis of a trade license. Our activity is not subject to any other authorization.

The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection (http://www.coi.cz/) checks compliance with legal regulations regarding technical requirements for goods and product safety. The Czech Trade Inspection also checks compliance with consumer protection regulations. The rights of consumers are also defended by their interest associations and other entities for their protection.

10.2. How do we handle complaints?

We handle any complaints via our contact email. You can also contact the entities listed in Article 8.1. We are not bound by any codes of conduct in relation to our customers, nor do we adhere to any.

10.3. What are your rights in the event of a consumer dispute?

If you are a consumer and if a dispute arises between us arising from the contract that we cannot resolve directly, you have the right to contact the Czech Trade Inspectorate (address: Česká obchodní inspekce, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz , www.adr.coi.cz ; electronic contact: adr@coi.cz ; telephone: +420 296 366 360) for the purpose of out-of-court settlement of consumer disputes. You can exercise this right no later than 1 year from the day you first exercised the right that is the subject of this consumer dispute with us.

You can also use the online platform set up by the European Commission at: ec.europa.eu/consumers/odr/ to submit a complaint regarding the goods or services you have purchased from us and to find an alternative dispute resolution entity.

10.4. What else should you know?

When concluding the contract, means of remote communication (especially the Internet) are used. You pay the costs incurred when using the means of remote communication (mainly the costs of internet connection or telephone calls). These costs are no different from the regular rate.

Unless otherwise agreed, all correspondence between us relating to the contract shall be in writing, either by e-mail, registered post or personal delivery. We will deliver to the email address specified in the order or in your user account.

In accordance with Act No. 185/2001 Coll., the Waste Act, as amended, we will inform you about the method of ensuring the return of used products, which are electrical equipment in nature.

In the event that any provision of these terms and conditions is invalid, ineffective or inapplicable (or becomes so), the provision that is closest in meaning to the invalid, ineffective or inapplicable provision shall be used instead. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. The contract (including terms and conditions) can only be amended or supplemented in writing.

These terms and conditions are valid and effective from 25/05/2018.