Terms of Service

GENERAL TERMS AND CONDITIONS 

These general terms and conditions (“Terms”) of Vojtěch Rychlík, with registered office at Havířov, Moravská 398, 73601, Company ID No. 29749808, registered in the Trade Register maintained by the municipal office of Havířov, e-mail:plavkalhotky@seznam.cz address Havířov, Moravská 398, 73601 premises (“We” or “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded through the E-shop on the website www.plavkalhotky.cz

All information about the processing of your personal data is contained in the Personal Data Processing Policy

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in Czech. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the Terms.

As you surely know, we communicate primarily remotely. Therefore, our Agreement is also subject to the use of means of distance communication that enable us to reach an agreement without Our and Your simultaneous physical presence, and the Agreement is thus concluded remotely in the E-shop environment through the website interface (“E-shop web interface”).

If any part of the Terms conflicts with what we have jointly agreed during the process of your purchase in Our E-shop, that specific agreement shall take precedence over the Terms.

• SOME DEFINITIONS

• Price is the amount you will pay for the Goods;

• Shipping Price is the amount you will pay for delivery of the Goods, including the cost of their packaging;

• Total Price is the sum of the Price and the Shipping Price;

• VAT is value added tax pursuant to applicable legislation; 

• Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

• Order is your binding proposal to conclude a purchase agreement for the Goods with Us;

• User Account means an account created based on the information you provide, which enables the storage of the entered information and the retention of the history of ordered Goods and concluded Agreements;

• You means the person purchasing from Our E-shop, referred to in legal regulations as the buyer;

• Goods means everything you can purchase on the E-shop. 

• General Provisions and Instructions 

• The Goods may be purchased only through the E-shop’s web interface.

• When purchasing Goods, you are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful. 

• On our E-shop, we also provide access to reviews of the Goods posted by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders; therefore, in our internal system, we can see the linked order ID for each review and can thus verify and demonstrate that the review comes from a real consumer.

• CONCLUSION OF THE AGREEMENT

• The Agreement with Us may be concluded only in Czech.

• The Agreement is concluded remotely through the E-shop, and you bear the costs of using the means of distance communication. However, these costs do not differ from the basic rate you pay for using these means (in particular, for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication. 

• To enable us to conclude the Agreement, you must create an Order on the E-shop. This proposal must include the following information:

• Information about the Goods being purchased (on the E-shop, you indicate the Goods you are interested in purchasing by clicking the “Add to Cart” button);

• Information about the Price, Delivery Price, payment method for the Total Price, and the requested delivery method for the Goods; you will enter this information while creating the Order in the E-shop’s user interface, while the information about the Price, Delivery Price, and Total Price will be provided automatically based on the Goods you select, their delivery method, and payment method;

• Your identification and contact details needed for us to deliver the Goods, namely your first name, last name, delivery address, telephone number, and email address.

• During the creation of the Order, you may change and review the information until the Order is completed. After reviewing it, you complete the Order by clicking the “Order with payment obligation” button. Once you click the “Order with payment obligation” button, all the information you have entered will be sent directly to Us. 

• We will confirm your Order as soon as possible after it has been delivered to Us by sending a message to the e-mail address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The version of the Terms effective on the date of the Order, i.e. the version attached to the e-mail message confirming the Order, forms an integral part of the Contract. The Contract between Us and you is concluded upon confirmation of the Order.

• There may also be cases where we are unable to confirm your Order. These include, in particular, situations where the Goods are unavailable or where you order a quantity of Goods greater than the quantity we allow. However, we will always provide you with information about the maximum quantity of Goods in advance within the E-shop, so it should not come as a surprise to you. If any reason arises that prevents us from confirming the Order, we will contact you and send you an offer to conclude a Contract in a form modified from the Order. In such a case, the Contract is concluded when you confirm Our offer. 

• If an evidently incorrect Price is stated within the E-shop or in the Order, we are not obliged to provide you with the Goods at that Price, even if you have received an Order confirmation and a Contract has therefore been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in a form modified from the Order. In such a case, the new Contract is concluded when you confirm Our offer. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers or where a digit is missing or added.

• If a Contract is concluded, you become obliged to pay the Total Price.

• If you have a User Account, you may place an Order through it. Even in such a case, however, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled information. The method of creating an Order is nevertheless identical to that for a buyer without a User Account; the advantage is that you do not need to enter your identification details repeatedly.

• In some cases, we allow you to use a discount when purchasing Goods. To receive the discount, you must enter the discount details in the designated field as part of preparing the Order. If you do so, the Goods will be provided to you at a discount.

• User Account

• Based on your registration within the E-shop, you may access your User Account. 

• When registering a User Account, you are obliged to provide all requested information correctly and truthfully and to update it in the event of any changes. 

• Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not provide them to anyone. If they are misused, we shall bear no liability for this. 

• The User Account is personal, and you are therefore not authorized to allow third parties to use it.

• We may cancel your User Account, particularly if you do not use it for more than 1 year or if you breach your obligations under the Agreement.

• The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software.

• PRICE AND PAYMENT TERMS, RETENTION OF TITLE

• The Price is always stated in the E-shop, in the Order proposal, and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Agreement. The Order proposal also states the delivery price and, where applicable, the conditions under which delivery is free of charge. 

• The Total Price includes VAT and all fees required by law. 

• We will require payment of the Total Price after the Agreement has been concluded and before the Goods are handed over. You may pay the Total Price using the following methods:

• By card online. In this case, payment is processed through the payment gateways Shop Pay, Apple Pay, Google Pay, PayPal, and the payment is governed by the terms and conditions of these payment gateways, which are available at: [BUDE DOPLNĚNO]. In the case of online card payment, the Total Price is due by [BUDE DOPLNĚNO]

• In cash upon personal collection. Goods may be paid for in cash when collected at Our premises. In the case of payment in cash upon personal collection, the Total Price is due when the Goods are collected.

• The invoice will be issued electronically after the Total Price has been paid and will be sent to your email address and available in the User Account.

• Title to the Goods passes 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 when it is credited to Our account; in all other cases, it is paid at the time the payment is made.

• DELIVERY OF THE GOODS, TRANSFER OF THE RISK OF DAMAGE TO THE GOODS

• The Goods will be delivered to you no later than 20 business days 

• Delivery via the carriers Česká pošta, PPL CZ, DHL, and Zásilkovna;

• The Goods can be delivered only within the entire EU

The delivery time for the Goods always depends on their availability and the selected delivery and payment method. The estimated delivery time for the Goods will be stated in the Order confirmation. The time stated in these Terms is for guidance only and may differ from the actual delivery time.

- After taking possession of the Goods from the carrier, You are obliged to check that the Goods' packaging is intact and, in the event of any defects, immediately notify the carrier and Us. If the packaging is damaged in a manner indicating unauthorized handling of and access to the shipment, You are not obliged to accept the Goods from the carrier.

- If You breach Your obligation to take possession of the Goods, except in the cases under Article 6.4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to take possession of the Goods does not constitute withdrawal from the Contract between Us and You. In such a case, We acquire the right to withdraw from the Contract due to Your material breach of the Contract. If We decide to withdraw from the Contract, the withdrawal becomes effective on the day on which We deliver the notice of withdrawal to You. Withdrawal from the Contract does not affect the claim for payment of the delivery charge or, where applicable, the claim for damages, if any damage has occurred.

- If, for reasons on Your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, You are obliged to reimburse Us for the costs actually incurred in connection with such repeated delivery. We will send the payment details for these costs to Your email address specified in the Contract, and they are due 14 days after delivery of the email.

- The risk of damage to the Goods passes to You when You take possession of them. If You do not take possession of the Goods, except in the cases under Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to You when You had the opportunity to take possession of them but failed to do so for reasons on Your part. The transfer of the risk of damage to the Goods means that from that moment You bear all consequences associated with the loss, destruction, damage or any other deterioration of the Goods.

- If the Goods were not listed as in stock in the E-shop and an estimated availability period was provided, we will always inform You in the event of:
   – an extraordinary interruption in the production of the Goods, in which case we will always inform You of the new expected availability date or that it will not be possible to deliver the Goods;
   – a delay in the delivery of the Goods from Our supplier, in which case we will always inform You of the new expected delivery time.

• RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

• We guarantee that, at the time the risk of damage to the Goods passes under Article 6.7 of the Terms and Conditions, the Goods are free from defects, in particular that the Goods:

• corresponds to the agreed description, type and quantity, as well as the agreed quality, functionality, compatibility, interoperability and other agreed properties;

• is suitable for the purpose for which you require it and to which we have agreed;

• is supplied with the agreed accessories and instructions for use, including assembly or installation instructions;

• is suitable for the purpose for which Goods of this kind are usually used;

• in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, corresponds to the usual properties of Goods of the same kind that you can reasonably expect, also taking into account public statements made by Us or another person in the same contractual chain, particularly through advertising or labeling; 

• is delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and 

• corresponds in quality or workmanship to the sample or model provided to you before the conclusion of the contract.

• The rights and obligations concerning rights arising from defective performance are governed by the applicable generally binding legislation, in particular Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

• If the Goods have a defect, in particular if any of the conditions under Article 7.1 is not met, you may notify Us of the defect and exercise your rights arising from defective performance (i.e., make a complaint about the Goods) by sending an email or letter to Our addresses listed with Our identification details. You may also use the model form provided by Us for making a complaint, which forms Annex 1 to the Terms and Conditions. When exercising your rights arising from defective performance, you must choose how you want the defect to be resolved, and you may not subsequently change this choice without Our consent. We will process the complaint in accordance with the right arising from defective performance that you have exercised. 

• If the Goods have a defect, you have the following rights:

• to have the defect remedied by delivering new Goods without a defect or by delivering the missing part of the Goods; or

• to have the defect remedied by repairing the Goods,

unless the chosen method of remedying the defect is impossible or disproportionately costly compared with the other method, which will be assessed particularly with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without considerable inconvenience to you.

• We may refuse to remedy the defect if this is impossible or unreasonably costly, particularly in view of the significance of the defect and the value the Goods would have without the defect.

• You also have the right to:

• a reasonable discount on the Price; or

• withdrawal from the Contract,

if:

• we refuse to remedy the defect or fail to remedy it in accordance with the law; 

• the defect occurs repeatedly, 

• the defect constitutes a material breach of the Contract; or 

• it is clear from our statement or the circumstances that the defect will not be remedied within a reasonable time or without considerable inconvenience to you.

• You are not entitled to withdraw from the Contract if the defect in the Goods is insignificant.

• If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.

• A defect is not wear and tear caused by the ordinary use of the Goods or, in the case of used Goods, wear and tear corresponding to the extent of their prior use.

• When filing a complaint, we will issue you with written confirmation stating: 

• the date on which you filed the complaint; 

• the subject matter of the complaint; 

• the method of resolving the complaint that you require;

• Your contact details for the purpose of providing information about the resolution of your complaint.

• Unless we agree on a longer period, we will remedy the defects within 30 days of receiving the complaint and provide you with information about its resolution using the contact details provided. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.

• We will inform you by email about the resolution of your complaint and issue you with confirmation of the date and method of its resolution. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, for example with receipts or confirmations of the cost of transportation. If the defect has been remedied by delivering new Goods, you are obliged to return the original Goods to Us; however, We will bear the costs of this return.

• If you are a business customer, you are obliged to report and claim a defect without undue delay after you could have discovered it, and no later than three days after receiving the Goods.

• If you are a consumer, you have the right to assert rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods. 

• withdrawal from the contract

• Withdrawal from the Contract, meaning termination of the contractual relationship between Us and You from its inception, may take place for the reasons and in the ways specified in this Article or in other provisions of the Terms that expressly provide for the possibility of withdrawal.

• If you are a consumer, meaning a person purchasing Goods outside the scope of their business activities, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days of the date on which the Contract was concluded, or, in the case of a purchase of Goods, within fourteen days of receiving them. If we have concluded a Contract covering several items of Goods or the delivery of several parts of Goods, this period begins on the date the last item or part of the Goods is delivered; and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins on the date the first delivery is made. 

• You may withdraw from the Contract in any verifiable manner, in particular by sending an email or letter to Our addresses listed with Our identification details. You may also use the model form provided by Us for withdrawal, which forms Annex No. 2 to the Terms.

• However, even as a consumer, you cannot withdraw from the Contract where its subject matter is performance specified in Section 1837 of the Civil Code.

• The period for withdrawing under Article 8.2 of the Terms is considered to have been observed if you send Us a notice during that period stating that you are withdrawing from the Contract.

• If you withdraw from the Agreement under Article 8.2 of the Terms and Conditions, you must send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. You are, however, entitled to have us refund the delivery charge, but only in the amount corresponding to the cheapest delivery method we offered for delivering the Goods. If you withdraw because we breach the Agreement, we will also cover the costs associated with returning the Goods to us, but again only up to the delivery charge corresponding to the cheapest delivery method we offered when delivering the Goods.

• If you withdraw from the Agreement, the Price will be refunded within 14 days of the withdrawal taking effect to the account from which it was credited, or, where applicable, to an account specified when withdrawing from the Agreement. However, the amount will not be refunded before we receive the Goods or you provide proof that they have been sent back to us. Please return the Goods to us clean and, if possible, including the original packaging.

• However, if you withdraw from the Agreement under Article 8.2 of the Terms and Conditions, you are liable to us for any reduction in the value of the Goods resulting from handling them in a manner beyond what is necessary to examine their nature, characteristics, and functionality, i.e. in the way you would examine the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off the claim for these costs against your claim for a refund of the Price.

• We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered, in particular reasons attributable to third parties or reasons arising from the nature of the Goods, including before the period specified in Article 6.1 of the Terms and Conditions has elapsed. We may also withdraw from the Agreement if it is apparent that you intentionally provided incorrect information in the Order. If you purchase goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, without stating a reason.

• Consumer dispute resolution

• We are not bound in relation to buyers by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

• We handle consumer complaints via the email address plavkalhotky@seznam.cz. We will send information about the resolution of the complaint to the buyer’s email address.

• The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869internet address: http://www.coi.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase contract concluded by electronic means.

• The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the 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 (Regulation on online consumer dispute resolution).

• Final Provisions

• If Our legal relationship with You contains an international element (for example, if We ship goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if You are consumers, this provision does not affect Your rights arising from applicable legislation.

• We will deliver all written correspondence to You by email. Our email address is stated in Our identification details. We will deliver correspondence to the email address provided by You in the Agreement, in the User Account, or through which You contacted Us.

• The Agreement may be amended only on the basis of Our written agreement. However, We are entitled to amend and supplement these Terms and Conditions; such amendment shall not affect Agreements already concluded, but only Agreements concluded after the amendment takes effect. We will inform You of the amendment only if You have created a User Account (so that You have this information if You order new Goods; however, the amendment does not establish a right of termination, since We have no Agreement that could be terminated), or if We are to supply Goods to You regularly and repeatedly under the Agreement. We will send information about the amendment to Your email address at least 14 days before the amendment takes effect. If We do not receive from You, within 14 days of sending the information about the amendment, notice of termination of the concluded Agreement for regular and repeated deliveries of Goods, the new terms shall become part of Our Agreement and shall apply to the next delivery of Goods following the amendment taking effect. The notice period, if You give notice, shall be 2 months.

• In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational disruptions, subcontractor outages, etc.), We shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for more than 10 days, both You and We shall have the right to withdraw from the Agreement.

• The Terms and Conditions include a model complaint form and a model form for withdrawing from the Agreement.

• The Agreement, including the Terms and Conditions, is archived electronically by 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 will therefore always have access to the Agreement even without Our assistance. We recommend that You always save the Order confirmation and the Terms and Conditions.

• These Terms and Conditions take effect 9.5.2026