Terms of service

Seller Anna Mouchová with business place: nám. May 5, 411/1 Hradec Králové 500 02 Czech Republic

Person identification number: 74823248 TIN: CZ8861263334 registered in the Trade Register file no. Brand: SZ MMHK/023526/2017 for sale of goods through an online store located on the Internet addresshttps://www.towee.cz

1. Introductory provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are regulated in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. In connection or on the basis of a purchase contract (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 on the Internet address https://www.towee.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who acts in ordering goods in his business or in his independent profession.

1.3. The provisions deviating from the Terms and Conditions can be arranged in the Purchase Agreement. Dispired arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are made in Czech. The purchase contract can be concluded in Czech.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

2. User Account

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

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the information given in the user account when any change. The data given by the buyer in the user account and when ordering the goods are considered correct by the seller.

2.3. Access to the user account is secured with a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account to third parties.

2.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 12 months in succession, or if the buyer breaches his obligations under the purchase contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the user account does not have to be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or. Necessary maintenance of third -party hardware and software.

3. The conclusion of the Purchase Agreement

3.1. All presentations of the goods located in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods. The prices of the goods are included, including the value added tax and all related fees. Prices of goods remain valid as they are displayed in the web interface of the shop. This provision is not limited by the Seller's possibility to conclude a purchase contract under individually agreed conditions.

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

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

3.4.1. Ordered goods (ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

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

3.4.3.information aboutCosts associated with the delivery of goods (hereinafter referred to as “Order”)

3.4.4. Personal data: names and surnames, address of residence, identification number, tax identification number, e -mail address and telephone number (hereinafter referred to as “personal data”).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has invested in the order, even with regard to the buyer's possibility to identify and correct errors incurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send Order" button. The data listed in the order they are deemed correct by the seller. After receiving the order, the Seller shall confirm this receipt to the Buyer by e -mail 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, the amount of the purchase price, the expected shipping costs), the seller is always entitled to ask the buyer for an additional order confirmation (for example in writing or by telephone).

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

3.8. The buyer agrees to the use of means of remote communication when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, telephone call costs) are paid by the buyer himself, and these costs do not differ from the basic rate.

4. Price of goods and payment terms

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

in cash at selected locations,

cash cash on delivery at a place designated by the buyer when ordering goods and after a previous telephone or email agreement,

by bank transfer to the seller's account No. 2201158495/2010, led by Fio Banka, a.s.(hereinafter referred to as the “Seller's Account”),

cashlessly via the Payments Shopify Gateway

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

4.3. The Seller does not require a advance from the buyer or other similar payment. This does not affect 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 cash payment, the purchase price is due when receiving the goods.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is met at the moment of crediting the relevant amount to the seller's account.

4.6. The seller is entitled, especially if the buyer is not additional confirmation of the order (Art.3.6), require payment of the entire purchase price before sending the goods to the buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller cannot be combined with each other.

4.8. If it is usual in the trade or if it are so stipulated by generally binding legal regulations, the Seller shall issue a tax document-an invoice on the buyer on the basis of the purchase contract. The seller is not a payer of value added tax. The proof - the invoice shall be issued by the seller to the buyer to pay the price of the goods and send it in electronic form in the form of a link to download to the buyer's electronic address. In the case of payment via the Payment 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 electronic address.

5. Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods regulated by the buyer or for him, from the purchase contract for the delivery of goods that were irreversibly mixed with another goods, from the purchase contract for the supply of goods in a concluded packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned.

5.2. Unless it is the case referred to in Art.5.1In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the deadline specified in the previous sentence. The goods must be returned to the seller undamaged, unused and in the original packaging. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is annexed to the Terms and Conditions. Withdrawal from the Purchase Agreement may be sent by the buyer, inter alia, to the delivery address Anna Mouchová - Towee, nám. May 5, 411, Hradec Králové 50002 or to the e -mail of the seller info@towee.cz.

5.3. In case of withdrawal from the purchase contract pursuant to Art.5.2The Terms and Conditions are canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the delivery of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller.

5.4. In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer by cashless to the buyer's account. The Seller is also entitled to return the fulfillment provided to the Buyer already when returning the goods by the Buyer or in any other way, if the Buyer agrees and does not incur additional costs to the Buyer. 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 has sent the goods to the seller.

5.5. The Seller is entitled to unilaterally set off the claim for the reimbursement of damage incurred on the returned goods against the buyer's claim for the purchase price. The Seller is obliged to inform the Buyer about any damages.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer is taken over by the Buyer. In this case, the seller shall return the purchase price to the buyer without undue delay, by cashless to the account specified by the buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the withdrawal from the Purchase Agreement is withdrawn, the gift contract is lost on such a gift of effect and the buyer is obliged to return with the seller and return gift provided.

6. Shipment and delivery of goods

6.1. In the event that the method of transport is agreed on the basis of a special requirement of the buyer, the buyer shall bear risk and any additional costs associated with this way of transport.

6.2. If the seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery.

6.3. In the case of reasons on the part of the buyer it is necessary to deliver the goods repeatedly or otherwise other than in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. the costs associated with a different way of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the case of any defects to notify the carrier immediately. In the case of finding a breach of the packaging, indicating the unauthorized intrusion into the consignment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may regulate the special delivery conditions of the seller, if they are issued by the seller.

7. Rights from defective performance, complaints

7.1. The rights and obligations of the parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).

7.2. The seller corresponds to the buyer that the goods have no defects on receipt. In particular, the seller responds to the buyer that at the time the buyer took over the goods:

7.2.1. It has the goods that the parties have agreed, and if the arrangement is missing, it has the characteristics that the seller or manufacturer has or which the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,

7.2.2. the goods are suitable for the purpose that the seller states or to which the goods of this kind are usually used,

7.2.3. The goods correspond to the quality or execution of the agreed sample or the artwork if the quality or design has been determined according to the agreed sample or template,

7.2.4. is the goods in the corresponding quantity, degree or weight and

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

7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear the goods caused by its usual use, for the defect used to the extent of use or wear that the goods had on receipt by the buyer, or if it follows from the nature of the goods.

7.4. If the defect occurs within six months of receipt, the goods are deemed to have already been defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs for consumer goods within twenty -four months of receipt.

7.5.Complaints are sent to the delivery addressTowee, Ná.5 May 411, Hradec Králové 50002

7.6. Other rights and obligations of parties related to the seller's liability for defects may be regulated by the Seller's Complaints Procedure.

8. Other rights and obligations of contracting parties

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of behavior within the meaning of § 1826 para. e) of the Civil Code.

8.3. Consumer complaints are handled by the seller via the electronic address info@towee.cz. The Seller shall send information on the processing of the Buyer's complaint to the Buyer's email address.

8.4. To out -of -court settlement of consumer disputesofThe purchase contract is appropriateCzech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ:000 20 869, internet address: http://www.coi.cz. Platform for dealing with disputes on-line located on the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer fromPurchase Contract.

8.5. The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.ev Europeanspotrebitel.cz is a contact point according to the European Parliament and of the Council (EU) No 524/2013 of 21 . May 2013 on the address of consumer disputes on-line and amendment to Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Disputes on-Line).

8.6. The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within its competence by the competent trade licensing office. The Personal Data Protection Office is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, inter alia, to comply with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. Personal Data Protection

9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.

9.2. The buyer agrees to the processing of his personal data: name and surname, address of residence, identification number, tax identification number, e -mail address and telephone number.

9.3. The buyer agrees to the processing of personal data by the seller for the purpose of implementing rights and obligations from the purchase contract and for the purposes of the user account. If the buyer does not choose any other option, he also agrees to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the buyer. The consent to the processing of personal data in its entirety according to this Article is not a condition that prevents the conclusion of the purchase contract.

9.4. The Buyer acknowledges that he / she is obliged to provide his / her personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he / she is obliged to inform the Seller without undue delay of the change in his personal data.

9.5. The seller may entrust the seller to the Buyer's personal data as a processor. In addition to persons transporting goods, the Seller will not be passed on to third parties without the Buyer's prior consent.

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

9.7. The buyer confirms that the personal data provided is accurate and that it has been advised that it is a voluntary provision of personal data.

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

9.8.1. ask the seller or processor to explain,

9.8.2. Require the seller or processor to remove the situation in this way.

9.9. If the buyer asks for information about the processing of his personal data, the Seller is obliged to pass this information to him. The Seller shall have the right to require the previous sentence to require a reasonable payment not exceeding the costs necessary to provide information.

10. Sending commercial communications and storage of cookies

10.1. The Buyer agrees to send information related to goods, services or the seller's company to the Buyer's email address and further agrees to send commercial communications by the seller to the Buyer's email address.

10.2. The buyer agrees to store the so -called cookies on his computer. If the purchase on the website can be made and the seller's obligations can be fulfilled from the purchase contract without storing the so -called cookies on the buyer's computer, the buyer may dismiss consent at any time.

11. Delivery

11.1. The buyer may be delivered to the buyer's email address.

12. Final Provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of the right under the previous sentence is not the buyer who is a consumer, deprived of the protection provided by the provisions of the legal order from which it cannot be contractually deviated, which would otherwise use in the case of the provisions of Article 6 (1) of the European Regulation Parliament and Councils (EC) No 593/2008 of 17 June 2008 on the right of contractual obligations (Rome I).

12.2. If some provisions of the Terms and Conditions are invalid or ineffective, or such, a provision shall take place instead of invalid provisions, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is not affected by the validity of other provisions.

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

12.4. Annex to the Terms and Conditions is forms for withdrawal for withdrawal and complaint proceedings.

12.5. Seller's contact details:

Delivery address for returned goods or complaints:

Anna Mouchová - Towee

U.S. May 5 411/1

Hradec Králové 500 02

Place of business:

Anna Mouchová

U.S. May 5 411/1

Hradec Králové 500 02

Czech Republic