Terms & Conditions

Business Terms and Conditions of Kolimpex s.r.o., with its registered office at Provozní 5494/4, Ostrava – Třebovice, 722 00, Czech Republic, Company ID: 25376781, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 16641, governing the sale of goods through the online store available at https://windson.eu.

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Kolimpex s.r.o., with its registered office at Provozní 5494/4, Ostrava – Třebovice, 722 00, Czech Republic, Company ID: 25376781, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 16641 (hereinafter referred to as the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at https://windson.eu (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Online Store Interface").

1.2. These Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or independent profession when ordering goods.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Any such provisions in the Purchase Agreement shall prevail over these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The Seller may amend or supplement these Terms and Conditions. This provision shall not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From this user interface, the Buyer may order goods (hereinafter referred to as the "User Account"). If the Online Store Interface allows it, the Buyer may also place orders without registration directly through the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is required to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods shall be deemed accurate by the Seller.

2.3. Access to the User Account is protected by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access the User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer has not used the User Account for more than 365 days or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller's hardware and software equipment or the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods displayed in the Online Store Interface are for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Czech Civil Code shall not apply.

3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and the costs of returning goods where such goods cannot, by their nature, be returned by ordinary postal service. The prices of the goods include value added tax and all related charges. The prices remain valid for as long as they are displayed in the Online Store Interface. This provision does not limit the Seller's right to conclude a Purchase Agreement under individually agreed conditions.

3.2a. Manifestly Incorrect Price – If a manifestly incorrect price is displayed for goods in the online store due to a technical error, a data entry error, or any other similar mistake, the Seller shall not be obliged to conclude a purchase contract or to deliver the goods at such manifestly incorrect price. A manifestly incorrect price shall mean, in particular, a price that is clearly disproportionate to the usual selling price of the goods or otherwise obviously does not correspond to the value of the goods.

3.3. The Online Store Interface also contains information on the costs associated with packaging and delivery of the goods. Information regarding packaging and delivery costs displayed in the Online Store Interface applies only where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer shall complete the order form available in the Online Store Interface. The order form contains, in particular, information about:

3.4.1. the goods ordered (the Buyer places the selected goods into the electronic shopping cart of the Online Store Interface),

3.4.2. the method of payment for the purchase price of the goods and the requested method of delivery, and

3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5. Before submitting the Order to the Seller, the Buyer is allowed to review and modify the information entered into the Order, including correcting any errors made when entering data. The Buyer submits the Order to the Seller by clicking the "Confirm Order" button. The information provided in the Order is deemed correct by the Seller. Upon receipt of the Order, the Seller shall immediately confirm its receipt to the Buyer by e-mail sent to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's E-mail Address").

3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).

3.7. The automatic confirmation of receipt of the order sent to the Buyer immediately after the order has been placed serves solely as confirmation that the order has been received by the Seller and does not constitute acceptance of the offer to conclude a purchase contract. The purchase contract is concluded only when the Seller expressly confirms acceptance of the order for processing to the Buyer or dispatches the ordered goods.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. The Buyer shall bear any costs incurred in connection with the use of distance communication means (such as internet connection or telephone charges), provided that such costs do not differ from the standard rates.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods under the purchase agreement using the following payment methods:

• Cash on delivery (COD) at the location specified by the Buyer in the order;
• Bank transfer to the Seller's bank account No. 2530033028/5500, held with Raiffeisenbank, or by using the QR code based on the payment details provided after the order has been completed (hereinafter referred to as the "Seller's bank account");
• Online payment by credit or debit card via the Shoptet Pay payment gateway.

If the Buyer chooses to pay online by credit or debit card, the payment is processed immediately after the order has been completed through the secure Shoptet Pay payment gateway.

If payment is made by bank transfer, the purchase price is due within 5 calendar days from the order confirmation, unless otherwise expressly agreed between the parties.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the term "purchase price" also includes the delivery costs.

4.3. The Seller does not require any deposit or similar advance payment from the Buyer. This shall not affect the provisions of Article 4.6 regarding the obligation to pay the purchase price in advance.

4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of payment by bank transfer, the purchase price is payable within fourteen (14) days from the conclusion of the Purchase Agreement.

4.5. When making payment by bank transfer, the Buyer is obliged to include the payment reference number (variable symbol). In the case of bank transfer, 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 entitled, particularly if the Buyer fails to provide additional confirmation of the Order pursuant to Article 3.6, to require payment of the full purchase price before dispatching the goods. Section 2119(1) of the Czech Civil Code shall not apply.

4.7. Any discounts granted by the Seller cannot be combined unless expressly agreed otherwise.

4.8. Where customary in commercial practice or required by applicable legal regulations, the Seller shall issue the Buyer a tax document (invoice) in respect of payments made under the Purchase Agreement. The Seller is a VAT payer. The tax document (invoice) shall be issued after payment of the purchase price and sent electronically to the Buyer's E-mail Address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Czech Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods that have been customized according to the Buyer's wishes or for the Buyer personally, goods that are subject to rapid deterioration, goods that have been irreversibly mixed with other goods after delivery, goods supplied in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, or audio or video recordings or computer software if the original packaging has been opened.

5.2. Unless the case referred to in Article 5.1 of these Terms and Conditions or any other case in which withdrawal from the Purchase Agreement is not permitted applies, the Buyer shall have the right, pursuant to Section 1829(1) of the Czech Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods. If the subject of the Purchase Agreement consists of several types of goods or several partial deliveries, the withdrawal period shall commence on the date of receipt of the last delivery. The notice of withdrawal must be sent to the Seller within the above-mentioned period. The Buyer may use the sample withdrawal form provided by the Seller, which forms an appendix to these Terms and Conditions. The notice of withdrawal may be sent to the Seller's business address or by e-mail to info@windson.eu. The Buyer may also exercise the right of withdrawal via the online withdrawal form available on the Seller's website or in the Buyer's User Account.

5.3. If the Buyer withdraws from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Purchase Agreement shall be cancelled from the outset. The Buyer must return the goods to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, including where the goods cannot be returned by ordinary postal service due to their nature.

5.4. In the event of withdrawal under Article 5.2, the Seller shall refund all payments received from the Buyer within fourteen (14) days of the Buyer's withdrawal, using the same method of payment that the Buyer used, unless otherwise agreed without additional costs to the Buyer. The Seller is also entitled to refund the Buyer upon receipt of the returned goods or by another method agreed with the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the payments before the goods have been returned or the Buyer has provided proof that the goods have been dispatched back to the Seller.

5.5. The Seller is entitled to offset any claim for compensation for damage to the returned goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer is entitled to withdraw from the Purchase Agreement pursuant to Section 1829(1) of the Czech Civil Code, the Seller shall also be entitled to withdraw from the Purchase Agreement at any time before the Buyer takes delivery of the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.

5.7. If the Buyer receives a free gift together with the purchased goods, the gift agreement between the Seller and the Buyer is concluded subject to a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement shall cease to be effective and the Buyer shall return the gift together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport has been agreed upon based on a special request of the Buyer, the Buyer shall bear the associated risk and any additional costs arising from such method of transport.

6.2. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall be obliged to accept the goods upon delivery.

6.3. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method other than that specified in the Order, the Buyer shall bear the costs associated with repeated delivery or with the alternative method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer shall inspect the integrity of the packaging and immediately notify the carrier of any defects. If the packaging is found to have been damaged in a manner indicating unauthorized interference with the shipment, the Buyer may refuse to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties relating to the transport of goods may be governed by the Seller's special delivery conditions, if issued.

6.6. The Seller shall dispatch the goods no later than fourteen (14) days after they have been restocked.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the applicable generally binding legal regulations, in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Czech Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2. The Seller warrants that the goods are free from defects upon receipt by the Buyer. In particular, the Seller warrants that, at the time the Buyer takes delivery of the goods:

7.2.1. the goods have the characteristics agreed upon by the parties, or, in the absence of such agreement, the characteristics described by the Seller or the manufacturer, or those which the Buyer could reasonably expect considering the nature of the goods and the advertising relating to them;

7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of that kind are usually used;

7.2.3. the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to an agreed sample or model;

7.2.4. the goods are supplied in the agreed quantity, measure or weight; and

7.2.5. the goods comply with the requirements of the applicable legal regulations.

7.3. The provisions set out in Article 7.2 shall not apply to goods sold at a reduced price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods with defects corresponding to the degree of use or wear existing at the time of receipt by the Buyer, or where this follows from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise rights arising from defects occurring in consumer goods within twenty-four (24) months of receipt.

7.5. The Buyer shall exercise rights arising from defective performance at the Seller's business premises where acceptance of complaints is possible with regard to the range of goods sold, or at the Seller's registered office or place of business.

7.6. Further rights and obligations of the parties relating to the Seller's liability for defects may be governed by the Seller's Complaints Procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. Ownership of the goods passes to the Buyer upon full payment of the purchase price.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Czech Civil Code.

8.3. The competent authority for the out-of-court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID: 000 20 869, website: www.coi.cz.

8.4. The Seller is authorized to sell goods on the basis of a trade licence. Trade licence supervision is carried out by the competent Trade Licensing Office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the scope prescribed by law.

8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Czech Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The protection of the Buyer's personal data, where the Buyer is a natural person, is governed primarily by Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the related legislation of the Czech Republic, in particular Act No. 110/2019 Coll., on the Processing of Personal Data.

9.2. The Buyer agrees to the processing of the following personal data: first name and surname, residential address, Company Identification Number (ID No.), Tax Identification Number (VAT No.), e-mail address and telephone number (hereinafter collectively referred to as "Personal Data").

9.3. Personal Data are processed for the purpose of fulfilling the rights and obligations arising from the Purchase Agreement, maintaining the User Account and, where applicable, sending commercial communications if the Buyer has given consent or where permitted by applicable law.

9.4. The Buyer acknowledges that they are obliged to provide accurate and truthful Personal Data (during registration, in the User Account and when placing orders through the Online Store Interface) and to notify the Seller without undue delay of any changes to their Personal Data.

9.5. The Seller may appoint a third party as a data processor to process the Buyer's Personal Data. Except for carriers delivering the goods, the Seller shall not disclose the Buyer's Personal Data to third parties without the Buyer's prior consent.

9.6. Personal Data shall be processed only for the period necessary to fulfil the above-mentioned purposes or for the period required by applicable legal regulations.

9.7. The Buyer confirms that the Personal Data provided are accurate and acknowledges that the provision of Personal Data is voluntary.

9.8. If the Buyer believes that the Seller or the data processor referred to in Article 9.5 processes the Buyer's Personal Data in a manner that infringes the protection of the Buyer's private and personal life or is contrary to applicable law, in particular where the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:

9.8.1. request an explanation from the Seller or the data processor;

9.8.2. request that the Seller or the data processor remedy the situation.

9.9. If the Buyer requests information regarding the processing of their Personal Data, the Seller shall provide such information. The Seller is entitled to request reasonable compensation not exceeding the costs necessary to provide such information.

9.10. We monitor customer satisfaction with purchases by means of e-mail questionnaires within the Verified by Customers programme, in which our online store participates. These questionnaires are sent after every purchase unless the Buyer objects to receiving them pursuant to Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services. Personal Data are processed for this purpose on the basis of our legitimate interest in assessing customer satisfaction. We use the operator of the Heureka.cz portal as our data processor for sending questionnaires, evaluating feedback and analysing our market position. For these purposes, we may provide information about the purchased goods and the Buyer's e-mail address. Personal Data are not transferred to any third party for their own marketing purposes. The Buyer may object to receiving these questionnaires at any time by using the unsubscribe link included in each questionnaire e-mail. Upon objection, no further questionnaires will be sent.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. The Buyer agrees to receive information related to the Seller's goods, services or business activities at the Buyer's e-mail address and further agrees to receive commercial communications from the Seller at that e-mail address.

10.2. The Buyer agrees to the storage of cookies on their computer. If purchases can be completed and the Seller's obligations under the Purchase Agreement fulfilled without storing cookies on the Buyer's device, the Buyer may withdraw this consent at any time.

11. DELIVERY OF DOCUMENTS

11.1. Documents may be delivered to the Buyer by electronic mail to the Buyer's e-mail address.

12. FINAL PROVISIONS

12.1. If the legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This shall not prejudice the consumer's rights arising under generally binding legal regulations.

12.2. Should any provision of these Terms and Conditions become invalid or ineffective, such provision shall be replaced by a valid provision whose meaning most closely reflects the intent of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.3. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

12.4. An appendix to these Terms and Conditions consists of the sample Withdrawal Form.

12.5. Seller's contact details:

Kolimpex s.r.o.
Provozní 5494/4
722 00 Ostrava – Třebovice
Czech Republic
E-mail: info@windson.eu
Telephone: +420 553 810 300 (Monday–Friday, 8:00 a.m. – 4:00 p.m.)

Issued in Ostrava on 14 November 2016.