Terms and Conditions

GENERAL TERMS AND CONDITIONS

I. Basic provisions

  1. These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)

Store name:

TEE Design CZ

Store operator:

Ing. Marek Poledníček

ID: 44662131
VAT number: CZ667231444

with registered office: Klínovecká 998, 363 01 Ostrov
contact details:
email: info@teedesign.cz
phone: +420 602 289 687

(hereinafter referred to as the "Seller")

  1. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activities as a consumer or within their business activities (hereinafter referred to as: "buyer") via a web interface located on the website available at the internet address www.vyvrtka.shop (hereinafter referred to as the "online store").
  2. Unless otherwise stated, the buyer means any buyer, both a consumer buyer and a business buyer (hereinafter referred to as the "buyer").
  3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
  4. These terms and conditions and the purchase contract are concluded in the Czech language.
  5. The seller may change or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous text of the terms and conditions. The purchase contract always includes the terms and conditions as published on the website at the time the order was sent by the buyer, with which the buyer had the opportunity to familiarize himself.
  6. The Seller assumes that the Buyer has the right to use any content that the Buyer may provide to the Seller (e.g. for the purpose of printing goods), especially from the perspective of the protection of personal data, copyright or other rights of third parties. The Seller does not check the legitimacy of printing at the Buyer's request, and therefore is in no way responsible for the unauthorized delivery and subsequent printing of other people's works or any unauthorized use of personal data within the outputs of his work.

II. Information about goods and prices

  1. Information about the goods, including the prices of individual goods and their main features, is provided for each individual good in the online store catalog. The prices of the goods are listed including value added tax. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually negotiated conditions.
  2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
  3. Information on the costs associated with packaging and delivery of goods is published in the online store. Information on the costs associated with packaging and delivery of goods provided in the online store applies only to cases where the goods are delivered within the territory of the Czech Republic. The amount of costs associated with packaging and delivery of goods outside the territory of the Czech Republic will be calculated by the seller separately depending on the destination of the goods and must be agreed upon by the buyer by e-mail before the goods are sent.
  4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase price

  1. The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are paid by the buyer himself. These costs do not differ from the basic rate.
  2. The buyer places an order for goods in the following ways:
  • through their customer account, if they have previously registered in the online store,
  • by filling out the order form without registration.
  1. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.
  2. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the SEND ORDER button. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.
  3. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The purchase contract is concluded only after the seller has accepted the order. Notification of acceptance of the order is delivered to the buyer's email address
  4. In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
  5. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of the Seller's acceptance of the order. The Buyer may cancel the order by calling the Seller's phone number or email address specified in these Terms and Conditions.
  6. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
  7. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

IV. Customer account

  1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
  2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account if there are any changes. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
  3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
  4. The Buyer is not entitled to allow third parties to use the customer account.
  5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account, or if the Buyer breaches his/her obligations under the purchase contract and these Terms and Conditions.
  6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties. The Seller does not provide any guarantees in relation to the availability of the website or user account.
  7. As part of the registration, the seller processes the buyer's personal data. For details, please see the GDPR section.

V. Payment terms and delivery of goods

  1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
  • by bank transfer to the seller's bank account no. 107-6072580267/0100, held at Komerční Banka
  • cashless payment by card via the AhopifyPayments payment gateway
  • We do not deliver goods "on delivery"
  1. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.
  2. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
  3. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
  4. The buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. Otherwise, the buyer's payment may not be identified and the purchase price may be considered unpaid with all the consequences arising from the purchase contract and these terms and conditions.
  5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not an advance payment.
  6. The goods are delivered to the buyer at the address specified by the buyer in the order via the Zásilkovna shipping service.
  7. The choice of delivery method is made when ordering goods.
  8. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
  9. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
  10. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
  11. The seller is not a VAT payer.
  12. The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.
  13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI. Withdrawal from the contract

  1. The buyer (consumer) has the right to withdraw from the purchase contract.
  2. The withdrawal period is 14 days from the date of receipt of the goods.
  3. The buyer cannot withdraw from the purchase contract, among other things:
  • on the delivery of goods that have been customized according to the buyer's wishes or for his person,
  • in other cases specified in Section 1837 of the Civil Code.
  1. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
  2. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.
  3. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
  4. If the buyer (consumer) withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller shall return to the buyer - consumer the funds received in another way only if the buyer - consumer agrees to this and if this does not incur additional costs. If the buyer - consumer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer - consumer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
  5. The Buyer - Consumer must return the goods to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Buyer - Consumer acknowledges that the Seller has the right to assess whether the returned goods are undamaged, undamaged and unused and whether the Buyer - Consumer has not caused a decrease in the value of the goods by handling them in a manner other than is necessary with regard to the nature and characteristics of the goods. If he finds that such a decrease has occurred, he has the right to reduce the returned funds by an amount equal to such a decrease in value.
  6. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's - consumer's claim for a refund of the purchase price.
  7. If the buyer (consumer) has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer - consumer the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered.
  8. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email message specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same manner.
  9. If a gift is provided to the buyer/consumer together with the goods, the gift contract between the seller and the buyer/consumer is concluded with a termination condition that if the buyer/consumer withdraws from the purchase contract, the gift contract regarding such a gift loses its validity and effectiveness and the buyer/consumer is obliged to return the gift provided to the seller together with the goods.
  10. If the buyer/consumer withdraws from the contract without authorization and sends the goods to the seller, the goods will not be accepted or will be sent back at the buyer/consumer's expense.
  11. In the event that the buyer/consumer refuses to accept the ordered goods from the carrier and the contract has not expired by the time the goods are delivered to the buyer/consumer as a result of the buyer/consumer's legitimate withdrawal from the contract, the seller is entitled to withdraw from the relevant purchase contract and demand from the buyer/consumer the costs of transporting the goods to the customer and back. The seller's right to self-help sales pursuant to the provisions of Section 2126 et seq. of the Civil Code is not affected.

VII. Rights arising from defective performance

  1. The seller is responsible to the buyer/consumer that the goods are free from defects upon receipt.
  2. The seller is responsible to the buyer/consumer for ensuring that the goods are in the agreed quantity, quality and design.
  3. The seller is liable to the buyer/consumer for the fact that at the time the buyer/consumer took over the goods:
  • the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or manufacturer or which the buyer - consumer expected with regard to the nature of the goods and on the basis of their advertising,
  • the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
  • the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
  • the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations
  1. If the defect becomes apparent within six months of the receipt of the goods by the consumer buyer, the goods are deemed to have been defective upon receipt. This right does not apply to goods purchased by the entrepreneur buyer.
  2. The buyer - entrepreneur has the right to exercise rights arising from defective performance to the extent stipulated by the relevant provisions of the Civil Code.
  3. The buyer - consumer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from the date of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were received by the buyer, or if this results from the nature of the goods.
  4. If the defective performance constitutes a material breach of contract, the buyer has the right to have the defect removed by delivering a new item without defects or by delivering the missing item, to have the defect removed by repairing the item, to receive a reasonable discount on the purchase price, or to withdraw from the contract. The buyer shall inform the seller of the right he has chosen when reporting the defect or without undue delay after reporting the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller does not remove the defects within a reasonable period of time or notifies the buyer that it will not remove the defects, the buyer may request a reasonable discount on the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not exercise his choice of claims within 3 working days of reporting the defect, he has claims from defects as in the case of a non-material breach of contract.
  5. If the defective performance is a minor breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
  6. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
  7. The seller shall settle the complaint of the buyer - consumer within 30 days from the date of the complaint in accordance with the relevant legal regulations, unless the seller and the buyer agree on a longer period. The futile expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered the moment when the buyer's will is expressed (the exercise of the right from defective performance) to the seller.
  8. In the case of a buyer - entrepreneur, the seller will respond within 60 days of receiving the claimed goods. If the buyer - entrepreneur's complaint is recognized as justified, the seller will settle the complaint within 60 days of taking over the goods, unless the parties agree otherwise in the given case. If the seller does not have all the documents necessary to settle the buyer - entrepreneur's complaint, these deadlines are extended by the delay thus incurred.
  9. The subject of the complaint is only that part of the goods that the buyer - entrepreneur delivered to the seller for the complaint. If the buyer - entrepreneur returned only part of the goods delivered to him to the seller, the undelivered part of the goods will be considered delivered in perfect condition, unless otherwise agreed.
  10. The seller informs the buyer in writing about the outcome of the complaint.
  11. The buyer does not have the right to defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
  12. In the event of a justified complaint, the buyer - consumer has the right to compensation for the reasonably incurred costs incurred in connection with the complaint. The buyer - consumer can exercise this right with the seller within one month after the expiration of the warranty period.
  13. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

  1. The contracting parties may deliver all written correspondence to each other via electronic mail.
  2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or in the order.

IX. Final provisions

  1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
  2. The seller processes the personal data of buyers in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). More information is available in the section
  3. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority, to a limited extent, also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.
  4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
  5. All rights to the Seller's website, in particular 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 part thereof without the Seller's consent.
  6. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.
  7. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
  8. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  9. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
  10. A sample withdrawal form is attached to the terms and conditions.

These terms and conditions come into effect on 1.1.2023, updated on 24.11.2024