Terms and Conditions

General Terms and Conditions

I.

Basic provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code")

Lukáš Vojáček

ID: 21943923

registered office: Dělnická 460, Bzenec 696 85

registered in the trade register at Municipal Office Kyjov

contact details: Lukáš Vojáček

e-mail: info@whcave.cz

phone: 730614601

web: www.hwcave.cz

(hereinafter referred to as the "seller")

These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as: "buyer") through a web interface located on a website available at the internet address www.whcave.cz (hereinafter referred to as the "online store").

The provisions of the terms and conditions are an integral part of the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of these terms and conditions.

These terms and conditions and the purchase contract are concluded in Czech language.

II.

Information about goods and prices

Information about goods, including the indication of prices of individual goods and their main characteristics, are listed for individual goods in the online store catalog. Goods prices are listed including value added tax, all related fees and costs for returning goods, if such goods by their nature cannot be returned by ordinary postal route. Goods prices 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 agreed conditions.

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 such goods.

The online store publishes information about costs associated with packaging and delivery of goods. Information about costs associated with packaging and delivery of goods listed in the online store applies only in cases where goods are delivered within the territory of the Czech Republic.

Any discounts from the purchase price of goods cannot be combined with each other, unless the seller and buyer agree otherwise.

The seller also offers decorative items in the e-shop, including 3D printed flexible figurines and dragons. These items are intended exclusively for decorative purposes for persons over 14 years of age and are not certified as toys. The products do not meet toy safety requirements according to directive 2009/48/EC and are not intended for play. The buyer acknowledges that these items are sold exclusively as decorative and collectible items.

III.

Order and conclusion of purchase contract

Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the basic rate.

The buyer places an order for goods in the following ways:

through his customer account, if he has previously registered in the online store,

by filling out the order form without registration.

When placing an order, the buyer selects goods, number of pieces of goods, payment method and delivery method.

Before sending the order, the buyer is allowed to check and change the data that he entered into the order. The buyer sends the order to the seller by clicking the SEND ORDER button. The data stated in the order are considered correct by the seller. A condition for the validity of the order is filling in all mandatory data in the order form and the buyer's confirmation that he has familiarized himself with these terms and conditions.

Immediately after receiving the order, the seller sends the buyer confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded only after acceptance of the order by the seller. Notification of order acceptance is delivered to the buyer's email address.

In case the seller cannot fulfill any of the requirements stated in the order, he sends the buyer a modified offer to his email address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is concluded in such case by the buyer's confirmation of acceptance of this offer to the seller at his email address stated in these terms and conditions.

All orders accepted by the seller are binding. The buyer can cancel the order until the buyer is delivered notification of order acceptance by the seller. The buyer can cancel the order by phone at the seller's phone number or email stated in these terms and conditions.

In case there was an obvious technical error on the seller's part when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver goods to the buyer at this obviously erroneous price. The seller informs the buyer about the error without undue delay and sends the buyer a modified offer to his email address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is concluded in such case by confirmation of acceptance by the buyer to the seller's email address.

In case goods were sent before payment and the buyer received them, he is obliged to pay the order by the due date. If he fails to do so, the buyer may be entered into the Publicly Accessible Central Register of Debtors or handed over to a debt collection company.

IV.

Customer account

Based on the buyer's registration made 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.

When registering for a customer account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account upon any change. The data stated by the buyer in the customer account and when ordering goods are considered correct by the seller.

Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding information necessary for access to his customer account. The seller is not responsible for possible misuse of the customer account by third parties.

The buyer is not authorized to allow third parties to use the customer account.

The seller may cancel the user account, especially in case the buyer no longer uses his user account, or in case the buyer violates his obligations from the purchase contract or these terms and conditions.

The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V.

Payment terms and goods delivery

The buyer can pay the price of goods and any costs associated with delivery of goods according to the purchase contract in the following ways:

cashlessly by transfer to the seller's bank account No. 269573872/0600, maintained at MONETA Money Bank,

cashlessly by payment card,

cashlessly by transfer to the seller's account through the Comgate payment gateway,

cash on delivery upon handover of goods,

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

In case of cash payment, the purchase price is due upon receipt of goods. In case of cashless payment, the purchase price is due within 14 days from conclusion of the purchase contract.

In case of payment through a payment gateway, the buyer proceeds according to instructions of the respective electronic payment provider.

In case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the respective amount to the seller's bank account.

The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending goods is not an advance payment.

According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure then within 48 hours at the latest

Goods are delivered to the buyer:

to the address specified by the buyer in the order

through a parcel pickup point at the address of the pickup point specified by the buyer,

by personal pickup at the seller's premises.

The choice of delivery method is made during goods ordering.

Costs of goods delivery depending on the method of sending and receiving goods are stated in the buyer's order and in the order confirmation by the seller. In case the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

If the seller is obliged according to the purchase contract to deliver goods to a place specified by the buyer in the order, the buyer is obliged to receive the goods upon delivery. In case it is necessary to deliver goods repeatedly or in a different way than stated in the order due to reasons on the buyer's side, the buyer is obliged to pay costs associated with repeated delivery of goods, or costs associated with a different method of delivery.

When receiving goods from the carrier, the buyer is obliged to check the integrity of goods packaging and in case of any defects, immediately notify the carrier. In case of finding packaging damage indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.

The buyer acquires ownership rights to goods by paying the entire purchase price for goods including delivery costs, but not earlier than upon receipt of goods.

Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of goods or at the moment when the buyer was obliged to receive goods but failed to do so in violation of the purchase contract.

VI.

Withdrawal from contract

A buyer who concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

The period for withdrawal from the contract is 14 days

from the day of receipt of goods,

from the day of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts,

from the day of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods.

The buyer cannot, among other things, withdraw from the purchase contract

for provision of services, if they were fulfilled with his prior express consent before expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such case he does not have the right to withdraw from the contract,

for delivery of goods that were modified according to the buyer's wishes or for his person,

in other cases stated in § 1837 of the Civil Code.

To comply with the period for withdrawal from the contract, the buyer must send a statement of withdrawal within the period for withdrawal from the contract.

For withdrawal from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The buyer sends withdrawal from the purchase contract to the seller's email or postal address stated in these terms and conditions. The seller confirms receipt of the form to the buyer without delay.

A buyer who withdrew from the contract is obliged to return goods to the seller within 14 days from withdrawal from the contract. The buyer bears costs associated with returning goods to the seller, even in case the goods cannot be returned by ordinary postal route due to their nature.

If the buyer withdraws from the contract, the seller returns to him without delay, but no later than within 14 days from withdrawal from the contract, all monetary funds including delivery costs that he received from him, in the same way. The seller returns received monetary funds to the buyer in a different way only if the buyer agrees to this and if no additional costs arise for him.

If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller returns to the buyer delivery costs in the amount corresponding to the cheapest offered delivery method.

If the buyer withdraws from the purchase contract, the seller is not obliged to return received monetary funds to the buyer earlier than the buyer hands over goods to him or proves that he sent goods to the seller.

The buyer must return goods to the seller undamaged, unused and uncontaminated and if possible, in original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to goods against the buyer's claim for return of the purchase price.

The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or when the manufacturer, importer or supplier of goods interrupted production or import of goods. The seller immediately informs the buyer through the email address stated in the order and returns within 14 days from notification of withdrawal from the purchase contract all monetary funds including delivery costs that he received from him based on the contract, in the same way, or in a way determined by the buyer.

VII.

Rights from defective performance

The seller is responsible to the buyer that goods do not have defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer received goods

goods have properties that the parties agreed upon, and if there is no agreement, have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of goods and based on advertising conducted by them,

goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

goods correspond in quality or design to the agreed sample or template, if quality or design was determined according to the agreed sample or template,

goods are in appropriate quantity, measure or weight and

goods comply with requirements of legal regulations.

The seller has obligations from defective performance at least to the extent that obligations from defective performance of the manufacturer last. The buyer is otherwise entitled to assert rights from a defect that occurs in consumer goods within twenty-four months from receipt.

If a period during which goods can be used is stated on sold goods, on their packaging, in instructions attached to goods or in advertising in accordance with other legal regulations, provisions on quality guarantee apply. By quality guarantee, the seller undertakes that goods will be suitable for use for the usual purpose for a certain period or that they will retain usual properties. If the buyer pointed out a defect of goods to the seller rightfully, the period for asserting rights from defective performance and the warranty period do not run during the time when the buyer cannot use the defective goods.

The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of goods caused by their usual use, for used goods to a defect corresponding to the degree of use or wear that the goods had when received by the buyer, or if it follows from the nature of goods. The buyer does not have rights from defective performance if he knew about the defect of goods before receiving them, or if the buyer caused the defect himself.

In case of occurrence of a defect, the buyer can present a complaint to the seller and demand

exchange for new goods,

repair of goods,

reasonable discount from the purchase price,

withdrawal from the contract.

The buyer has the right to withdraw from the contract,

if goods have a substantial defect,

if he cannot properly use the item due to repeated occurrence of defect or defects after repair,

in case of a larger number of defects in goods.

Substantial is such breach of contract that the party breaching the contract already knew or must have known when concluding the contract that the other party would not conclude the contract if it had foreseen this breach.

For a defect that means non-substantial breach of contract (regardless of whether it is a removable or non-removable defect), the buyer has the right to removal of the defect or reasonable discount from the purchase price.

If a removable defect occurred repeatedly after repair (usually third complaint for the same defect or fourth for different defects) or goods have a larger number of defects (usually at least three defects simultaneously), the buyer has the right to assert a demand for discount from the purchase price, exchange of goods or withdraw from the contract.

When asserting a complaint, the buyer is obliged to inform the seller which right he chose. Change of choice without the seller's consent is possible only if the buyer requested repair of a defect that turns out to be non-removable. If the buyer does not choose his right from substantial breach of contract in time, he has the same rights as in case of non-substantial breach of contract.

If repair or exchange of goods is not possible, based on withdrawal from the contract, the buyer can demand return of the purchase price in full amount.

If the seller proves that the buyer knew about the defect of goods before receipt or caused it himself, the seller is not obliged to satisfy the buyer's claim.

The buyer cannot complain about discounted goods for the reason for which the given goods are discounted.

The seller is obliged to accept a complaint at any establishment where acceptance of complaints is possible, or also at the registered office or place of business. The seller is obliged to issue written confirmation to the buyer about when the buyer asserted the right, what is the content of the complaint and what method of complaint handling the buyer requires, as well as confirmation about the date and method of complaint handling, including confirmation about repair performed and its duration, or written justification for rejection of the complaint.

The seller or his authorized employee decides on the complaint immediately, in complex cases within three working days. This period does not include time reasonable according to the type of product or service needed for professional assessment of the defect. The complaint including defect removal must be handled without delay, no later than within 30 days from the day of asserting the complaint, unless the seller agrees with the buyer on a longer period. Futile expiration of this period is considered substantial breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of asserting the complaint is considered the moment when the buyer's expression of will (assertion of rights from defective performance) reaches the seller.

The seller informs the buyer in writing about the result of the complaint.

The buyer does not have rights from defective performance if the buyer knew that the item had a defect before receiving it, or if the buyer caused the defect himself.

In case of justified complaint, the buyer has the right to compensation for purposefully incurred costs arising in connection with asserting the complaint. The buyer can assert this right with the seller within one month after expiration of the warranty period, otherwise the court may not grant it.

The choice of complaint method belongs to the buyer.

Rights and obligations of contracting parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

VIII.

Delivery

The contracting parties can deliver all written correspondence to each other via electronic mail.

The buyer delivers correspondence to the seller to the email address stated in these terms and conditions. The seller delivers correspondence to the buyer to the email address stated in his customer account or in the order.

IX.

Personal data

All information that the buyer provides during cooperation with the seller is confidential and will be treated as such. If the buyer does not give written consent to the seller, the seller will not use data about the buyer in any other way than for the purpose of fulfilling the contract, except for the email address to which commercial communications may be sent, as this procedure is allowed by law if not expressly refused. These communications may concern only similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in the commercial communication). The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

More detailed information about personal data protection can be found in the Personal Data Protection Policy

X.

Out-of-court dispute resolution

The Czech Trade Inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs is competent for out-of-court resolution of consumer disputes from the purchase contract. The platform for online dispute resolution located at internet address http://ec.europa.eu/consumers/odr can be used when resolving disputes between the seller and buyer from the purchase contract.

The European Consumer Centre Czech Republic with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 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).

The seller is authorized to sell goods based on a trade license. Trade control is carried out within its competence by the relevant trade office. The Czech Trade Inspection exercises, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, among other things.

XI.

Final provisions

All agreements between the seller and buyer are governed by the legal order 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 Czech law. This does not affect consumer rights arising from generally binding legal regulations.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

All rights to the seller's website, especially copyright to 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 its part without the seller's consent.

The seller is not responsible for errors arising as a result of third party interventions in the online store or as a result of its use contrary to its purpose. The buyer must not use procedures that could have a negative impact on its operation when using the online store and must not perform any activity that could enable him or third parties to unlawfully interfere with or unlawfully use software or other components constituting the online store and use the online store or its parts or software equipment in a way that would be contrary to its purpose or intent.

The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

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

The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous wording of the terms and conditions.

A sample form for withdrawal from the contract is attached to the terms and conditions.

These terms and conditions become effective on September 1, 2024

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