These General Terms and Conditions (“Terms”) of J&J Tile Design - Jakub Vavrečka, with registered office at Svornosti 2358/12, 700 30 Ostrava - Zábřeh, ID: 732 67 350, e-mail: info@jjtd.cz, phone number: 773 841 488 (“We” or “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded via the E-shop on the website obchod.jjtd.cz

All information regarding the processing of Your personal data is contained in the Privacy Policy, which can be found here. The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms.

As you know, we communicate primarily remotely. Therefore, for our Agreement, it holds that remote communication means are used, allowing us to agree without the simultaneous physical presence of Us and You, and the Agreement is thus concluded in a distance manner within the E-shop environment, via the website interface (“E-shop web interface”). If any part of the Terms contradicts what we have mutually approved during your purchase process on Our E-shop, that specific agreement will take precedence over the Terms.

I. CERTAIN DEFINITIONS

1. Price is the financial amount you will pay for the Goods;
2. Shipping Price is the financial amount you will pay for the delivery of the Goods, including packaging costs;
3. Total Price is the sum of the Price and the Shipping Price;
4. VAT is the value-added tax according to applicable legal regulations;
5. Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
6. Order is Your irrevocable proposal to conclude an Agreement for the purchase of Goods with Us;
7. User Account is an account established based on data provided by You, enabling the storage of entered data and the history of ordered Goods and concluded Agreements;
8. You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;
9. Goods and Service is everything you can purchase on the E-shop.

II. GENERAL PROVISIONS AND NOTICES

1. Purchase of Goods is only possible via the E-shop web interface.
2. Purchase of a Service (workshop) is only possible via the E-shop web interface.
3. When purchasing Goods or Services, it is Your obligation to provide Us with all information correctly and truthfully. Information provided by You during the ordering process will therefore be considered correct and true.

III. CONCLUSION OF THE AGREEMENT

1. The Agreement can be concluded with Us only in the Czech language.
2. The Agreement is concluded remotely via the E-shop, with the costs of using remote communication means borne by You. However, these costs do not differ from the basic rate you pay for using such means (especially for internet access); no additional costs charged by Us beyond the Total Price should be expected. By submitting the Order, you agree to our use of remote communication means.
3. To conclude the Agreement, You must create an Order proposal on the E-shop. This proposal must include the following data:
a) Information about the purchased Goods/Service (you select Goods/Service by clicking "Add to cart");
b) Information about the Price, Shipping Price, Total Price payment method, and requested delivery method; these will be entered during the Order proposal creation, with Price and Shipping Price automatically displayed based on selected items and delivery method;
c) Your identification and contact details (name, surname, delivery address, phone number, and e-mail address);
d) In the case of an Agreement where we supply Goods regularly and repeatedly, also information on how long we will supply the Goods.
4. During the Order proposal creation, You can change and check the data until the Order is created. After checking, you create the Order by pressing "Order with obligation to pay." Before pressing, You must confirm Your familiarity with and consent to these Terms, otherwise the Order cannot be created. A checkbox is used for confirmation. After pressing the button, all filled information will be sent directly to Us.
5. We will confirm Your Order as soon as possible after it is delivered to Us via e-mail. The confirmation will include an Order summary and these Terms. By confirming the Order from our side, the Agreement between Us and You is concluded. The Terms effective on the day of the Order form an integral part of the Agreement.
6. There may be cases where we cannot confirm Your Order (e.g., Goods are unavailable or the number of items exceeds limits). We will inform you of such limits beforehand. If any reason prevents us from confirming the Order, we will contact you with an offer for an amended Agreement. The Agreement is concluded when you confirm Our offer.
7. In the case of an obvious error in the Price on the E-shop or Order proposal, we are not obliged to deliver the Goods at that Price even if you received a confirmation. We will contact you immediately with an offer for an amended Agreement. If you do not confirm within 3 days, we are entitled to withdraw. An obvious error is, for example, a price not matching other sellers or a missing/extra digit.
8. Once the Agreement is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you can place an Order through it. You still have the duty to check all pre-filled data for correctness and truthfulness.

IV. USER ACCOUNT

1. Based on your registration, you can access your User Account.
2. When registering, it is Your obligation to provide all data correctly and truthfully and update them if they change.
3. Access to the account is secured by a username and password. You must maintain confidentiality regarding these details. We are not liable for their misuse.
4. The account is personal and You are not entitled to allow third parties to use it.
5. We may cancel your account if you do not use it for more than 1 year or if you breach your obligations.
6. The account may not be available continuously due to necessary maintenance.

V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

1. The Price is always stated in the E-shop, Order proposal, and Agreement. In case of discrepancy, the Price in the Order proposal (identical to the Agreement) applies. Shipping Price and conditions for free shipping are also stated.
2. The Total Price is stated including VAT and all legally required fees.
3. We require payment of the Total Price after concluding the Agreement and before handing over Goods. Payment methods:
a) Bank transfer. Instructions sent in Order confirmation. Due within 3 days.
b) Online card via Shoptet Pay. Governed by their terms at www.shoptet.cz. Due according to your bank's rules.
d) In exceptional cases, Cash on personal pickup at Our premises. Due upon receipt.
4. Invoice issued electronically after dispatch, sent to e-mail and available in User Account.
5. Ownership of Goods passes to You only after Total Price is paid and Goods are received.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

1. Goods delivered via: a) Personal pickup at Dukelská 145, Bohumín, 735 51, b) DPD or Zásilkovna pickup points, c) DPD or Zásilkovna delivery.
2. Delivery available only within the Czech Republic and EU.
3. Delivery time depends on availability and method. Estimated time in Order confirmation. Times on E-shop are indicative.
4. Upon receipt, check packaging integrity. Report defects to carrier and Us immediately. If packaging indicates tampering, you are not obliged to accept.
5. Failure to accept Goods (except under VI.4) does not breach our duty to deliver. It is not a withdrawal. We may withdraw due to your material breach. Withdrawal is effective upon delivery. You remain liable for shipping costs and damages.
6. If repeat delivery is needed due to reasons on Your side, you must compensate Us for these costs. Due within 14 days of e-mail request.
7. Risk of damage passes upon receipt. If you fail to accept (except under VI.4), risk passes when you had the opportunity to accept. You then bear consequences of loss or damage.
8. We will inform you of extraordinary production outages or supplier delays and provide new estimated times.
9. If we cannot deliver within 30 days after the estimated time, both parties may withdraw.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee Goods are free of defects upon transfer of risk, specifically that they: have agreed properties, are suitable for stated purposes, match quality, are in correct quantity, and comply with legal requirements and are free of third-party rights.
2. Rights and duties governed by Civil Code (§ 1914-1925, § 2099-2117, § 2161-2174) and Consumer Protection Act (No. 634/1992 Coll.).
3. Notify Us of defects via e-mail or letter. You may use Annex No. 1. You must choose how to resolve the defect; this choice cannot be changed without Our consent.
4. If the defect is a material breach, You have rights to: removal by new delivery, removal by repair, reasonable discount, or withdrawal.
5. If we don't fix it in time or refuse to, you can ask for a discount or withdraw. If repair is impossible, we will notify you so you can choose another method.
6. If it's an immaterial breach, You have rights to: removal by new delivery/repair or a reasonable discount.
7. If we don't fix it in time or refuse, you can withdraw, also in cases of repeated defects after repair.
8. You cannot withdraw or demand new items if you cannot return Goods in original state, unless: state changed due to inspection, Goods were used before discovery, or inability to return wasn't caused by You.
9. We confirm receipt within 3 days. We resolve claims within 30 days. If the deadline expires, you can withdraw.
10. We notify you via e-mail. If the claim is justified, we compensate purposeful costs (e.g., shipping) with proof (receipts).
11. Business customers must report defects without undue delay, no later than 3 days after receipt.
12. Consumers can claim defects occurring within 24 months of receipt.
13. Warranty doesn't apply to: lower price due to defect, wear and tear from normal use, or used Goods matching their state upon receipt.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Termination of the relationship can occur for reasons stated here or elsewhere in the Terms.
2. If You are a consumer, You have the right under §1829 of the Civil Code to withdraw without reason within 14 days of receipt. For multiple parts or regular deliveries, the period starts from the last part or first delivery. Notify Us via e-mail or letter. You may use Annex No. 2.
3. Consumers cannot withdraw from agreements regarding: Goods with price dependent on financial market fluctuations, alcohol delivered after 30 days, Goods customized to your wish, perishable Goods, Goods in sealed packaging removed from packaging for hygiene reasons, audio/video/software with broken seals, newspapers/periodicals, or digital content delivered without a physical carrier with your consent.
4. Upon withdrawal, the Price is returned within 14 days of effectiveness to your account. Funds are not returned until Goods are received or proof of shipment provided. Return Goods clean, preferably in original packaging.
5. You must send Goods back within 14 days of withdrawal and bear the return costs. We return the Shipping Price equivalent to the cheapest offered method. If We breach the Agreement, we bear return costs up to the cheapest shipping rate.
6. You are liable for damage caused by handling Goods beyond what is necessary for their nature. We will invoice this damage within 14 days. We can offset this against the returned Price.
7. We may withdraw before delivery for objective reasons (third-party reasons or nature of Goods) or if You provided false info. Business customers can be subject to withdrawal by Us at any time without reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct under § 1826(1)(e) of the Civil Code.
2. Handling of consumer complaints is ensured via: obchod@jjtd.cz. We send info on resolution to your e-mail.
3. The Czech Trade Inspection (Štěpánská 567/15, 120 00 Prague 2, www.coi.cz) is competent for out-of-court settlements. The online platform http://ec.europa.eu/consumers/odr can also be used.
4. The European Consumer Centre Czech Republic (www.evropskyspotrebitel.cz) is the contact point under Regulation (EU) No 524/2013.

X. FINAL PROVISIONS

1. If the relationship contains an international element, it will always be governed by the laws of the Czech Republic. For consumers, your legal rights remain unaffected.
2. All written correspondence is delivered via e-mail. We use addresses provided in the Agreement or User Account.
3. The Agreement can only be changed by written agreement. However, we may change these Terms; this doesn't affect already concluded Agreements. We notify User Account holders or regular delivery customers 14 days before the change. If you don't object within 14 days, the new conditions apply. The notice period for regular deliveries is 2 months.
4. In case of force majeure (natural disaster, pandemic, supplier outages, etc.), we are not liable for damages. If it lasts over 10 days, both parties may withdraw.
5. Annexes include the claim form and withdrawal form.
6. The Agreement and Terms are archived by Us but not accessible to You. However, You receive them via e-mail. We recommend saving the confirmation and Terms.
7. These Terms become effective on June 1, 2023.