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Terms of service

seller Anna Mouchová with place of business: Nám. 5. května 411/1 Hradec Králové 500 02 Czech Republic

person identification number:7 4823248 VAT No .: CZ8861263334 entered in the Trade Register Sp. brand: SZ MMHK / 023526/2017 for the sale of goods through an online store located at the Internet address https://www.towee.cz

  1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions ("Terms and Conditions ”), with its registered office nbsp; regulate in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter the“ Civil Code ”) mutual rights and obligations of the contracting parties or under a purchase agreement (the "Purchase Agreement") entered into between the Seller and another natural person (the "Buyer") through the Seller's online store. The online store is operated by the seller on a website located at the Internet address https://www.towee.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").

1.2. the person who intends to purchase the goods from the seller is a legal person or a person who acts when ordering goods during his business or in his independent profession.

1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. Terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in Czech.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller . This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

  1. USER ACCOUNT

2.1. Based on the buyer's registration made on the website the buyer can access their user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). The store's web interface allows the buyer to order goods without registering directly from the store's web interface.

2.2. the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data provided in the user account whenever they change. The data provided by the buyer in the uer account and when ordering goods are considere d

2.3. Access to the user account is secured by username and password. The buyer is required to maintain the confidentiality of the information necessary to access his or her user account.

2.4. Buyer is not authorized to allow third party use persons.

2.5. The seller may cancel the user account, namely especially if the buyer has not used his user account for more than 12 consecutive months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).

2.6. Buyer acknowledges that the user account may not be available around the clock, especially with respect to the necessary maintenance of the seller's hardware and software, or necessary maintenance of third party hardware and software.

  1. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All product presentations located in the web interface The trade is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The store's web interface contains product information , and to including the prices of individual goods and the cost of returning the goods. The prices of the goods are stated including value added tax and all related fees. The interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under. Individually negotiated terms.

3.3. The store's web interface also contains information about costs associated with packaging and delivery of goods. Information on costs associated with packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the Czech Republic.

3.4. To order goods, the buyer fills in the order form in web interface of the store. The order form contains in particular information about:

3.4.1. of the ordered goods the store's web interface cart),

3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. costs associated with delivery of goods (collectively referred to as " order ”)

3.4.4. personal information: first and last name, address of residence, identification number, tax identification number, e-mail address, and telephone number (collectively, "personal information").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the information that the buyer has entered in the order, including the buyer's ability to detect and correct errors when entering data into the order. The buyer sends the order to the seller by clicking the "Submit Order" button. The information provided in the order is considered correct by the seller. Immediately upon receipt of the order, the seller will confirm receipt to the buyer by email to the buyer's email address listed in the user account or order ("Buyer's email address").

3.6. orders (quantity of goods, purchase price, estimated shipping costs) ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between seller and buyer arises from delivery acceptance of the order (s), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8. when concluding a purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, costs of telephone calls) shall be borne by the buyer himself and shall not differ from the basic rate.

  1. PRICE OF GOODS AND PAYMENT TERMS

4.1. Price of goods and any costs associated with delivery goods under the purchase agreement can be paid for by the buyer to the seller in the following ways:

cash at selected locations

cash on delivery at the place specified by the buyer in the order

cashless transfer to the seller's account No. 2201158495/2010 , kept at Fio banka, as ( hereinafter referred to as the "Seller's Account")

cashless via GoPay payment gateway

4.2. Along with the purchase price, the buyer is obliged also pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also means the costs associated with delivery of the goods.

4.3. payment. This is without prejudice to the provisions of Article 4.6. of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash on delivery, the purchase is the price payable on receipt of the goods.

4.5. In the case of non-cash payment, the buyer is obliged pay the purchase price of the goods along with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6. The seller is authorized, especially in the case of , that the buyer will not confirm additional order (Art. 3.6 ), demand payment of the full purchase price before sending the goods to the buyer. Article 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the the buyer cannot be combined with each other.

4.8. If in usual or if so stipulated by generally binding legal regulations, the seller will issue a document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. Document - the seller will issue an invoice to the buyer to pay the price of the goods and send it in electronic form in the form of a download link to the buyer's email address. In the case of payment via the GoPay payment gateway, the invoice will not be sent until the goods are sent. The buyer will be informed of this fact via the buyer's email address.

  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. Buyer acknowledges that under provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of goods that were irretrievably mixed with other goods after delivery, from the purchase contract of the supply of goods in a closed package which the consumer has removed from the package and which cannot be returned for hygienic reasons.

5.2. if the case referred to in Article 5.1 terms and conditions or another case where the purchase contract cannot be withdrawn, the buyer has in accordance with the provisions of §1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The goods must be returned to the seller undamaged, unworn and in the original packaging. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is attached to the terms and conditions. TOWEE, Nám.5.května 411, Hradec Králové 50002 oor to the seller's e-mail address info@towee.cz

5.3. In case of withdrawal from the purchase contract according to Article 5.2 terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller.

5.4. . 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, non-cash to the Buyer's account. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller within 14 days.

5.5. Claim for the seller is entitled to unilaterally set off the goods against the buyer's right to a refund of the purchase price. The seller is obliged to inform the buyer of any compensation.

5.6. In cases where the buyer has in accordance with the provisions of §1829 para. 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, in cash to the account designated by the buyer.

5.7. gift, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the gift together with the goods. p>

  1. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If is method of transport contracted at the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. 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.

6.3. If reasons on the part of the buyer must deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to accept the consignment from the carrier.

6.5. they may modify the seller's special delivery conditions, if issued by the seller.

  1. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS

7.1. Defective performance is governed by the relevant generally binding legal regulations (especially the provisions of §1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended regulations).

7.2. has no defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1. if it has an arrangement, it has such characteristics as the seller or the manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,

7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are normally used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, were if the quality or design is determined by a contracted sample or model,

7.2.4. is goods in the appropriate quantity, measure or weight and p>

7.2.5. goods comply with legal requirements.

7.3. Provisions referred to in Article 7.2 the terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods.

7.4. months after receipt, the goods are considered defective at the time of receipt. The buyer is entitled to claim for a defect that occurs in the consumer goods within twenty-four months of receipt.

7.5. Complaints are sent to the delivery address TOWEE, Nám.5.května 411, Hradec Králové 50002

7.6. the seller's liability for defects may be regulated by the seller's complaint procedure.

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase prices of goods.

8.2. The seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

8.3. Consumer complaints are handled by the seller via e-mail info@towee.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's email address.

8.4. the purchase contract is competent Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869 , web address: The online dispute resolution platform, located at http: //ec.europa.eu/consumers/odr, can be used to resolve disputes between a seller and a buyer from purchase agreement .

8.5. Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the solution of consumer on-line litigation and on amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

8.6. trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 para. 2 of the Civil Code.

  1. PROTECTION OF PERSONAL DATA

9.1. Privacy of a buyer who is a physical person, is provided by Act No.101/2000 Coll., on the protection of personal data, as amended.

9.2. : first and last name, address of residence, identification number, tax identification number, e-mail address and telephone number.

9.3. for the purpose of exercising the rights and obligations of the purchase agreement and for the purpose of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself preclude the conclusion of a purchase agreement.

9.4. The buyer acknowledges that he is obliged state your personal data (when registering, in your user account, when ordering from the web interface of the store) correctly and truthfully and is obliged to inform the seller without undue delay of a change in his personal data.

9.5. person as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. accurate and that he has been instructed that this is the voluntary disclosure of personal data.

9.8. In case the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data which is in conflict with the protection of the buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with respect to the purpose of their processing, may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to remove the situation.

9.9. their personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

  1. SENDING BUSINESS MESSAGES AND STORING COOKIES

10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address buyer and further agrees to the sending of commercial communications by the seller to the buyer's email address.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without the storage of cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

  1. DELIVERY

11.1. Can be delivered to the Buyer's email address.

  1. FINAL PROVISIONS

12.1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.

12.4. The appendix to the terms and conditions consists of downloadable forms for withdrawal from the purchase contract and complaint procedure.

12.5. Seller contact information:

Delivery address for returned goods or complaints:

TOWEE

Nám. 5 May 411/1

Hradec Králové 500 02

Place of business:

Anna Mouchová

Nám. 5 May 411/1

Hradec Králové 500 02

Czech Republic

IČ: 74823248

VAT number: CZ8861263334

Tel .: +420 723 500 890

Email: info@towee.cz

In Hradec Králové on 1.5.2021


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