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Terms and conditions

 

 

I. DEFINITIONS

  1. Price is the amount of money you pay for the goods;

  2. Shipping costs are the amount of money you pay for the delivery of the goods, including packaging;

  3. Total price is the sum of the price and shipping costs;

  4. VAT is the value added tax in accordance with the applicable legal provisions;

  5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the total price;

  6. Order is your irrevocable offer to conclude a purchase contract for the goods with us;

  7. User account is an account set up on the basis of your details, which allows you to store the data you have entered and the history of goods ordered and contracts concluded;

  8. You are the person who makes purchases in our e-shop, legally referred to as the buyer;

  9. Goods are everything you can buy in the e-shop.

 

II. GENERAL PROVISIONS AND NOTES a III. CONCLUSION OF THE CONTRACT:

II. GENERAL PROVISIONS AND NOTICES

  1. The purchase of goods is only possible via the web interface of the e-shop.

  2. When purchasing goods, you are obliged to provide us with all information correctly and truthfully. The information you provide when ordering the goods will be considered by us to be correct and truthful.

III. CONCLUSION OF THE CONTRACT

  1. A contract with us can only be concluded in the Czech language.

  2. The contract is concluded remotely via the e-shop, with the costs for the use of remote means of communication being borne by you. However, these costs do not differ from the basic fee you pay for the use of these means (in particular for Internet access); we do not charge any additional costs beyond the total price. By submitting your order, you agree to our use of remote means of communication.

  3. In order to conclude a contract, you must create an order proposal in the e-shop. This proposal must contain the following information:

    a) Information about the purchased goods (in the e-shop, select the desired goods by clicking on "Add to cart");

    b) Information about the price, shipping costs, payment method for the total price, and desired shipping method for the goods; this information is entered when creating the order proposal within the e-shop user interface. Information about the price, shipping costs, and total price is automatically displayed based on the goods and shipping method you have selected;

    c) Your identification and contact details, in particular your first name, last name, delivery address, telephone number, and email address;

    d) In the case of a contract that provides for regular and repeated delivery of goods, also information on how long we should deliver the goods to you.

  4. While creating the order proposal, you can change and check the information until the order is completed. After checking, you create the order by clicking on the "Place order" button. However, before clicking on the button, you must confirm that you have read and agree to these terms and conditions – otherwise it will not be possible to create the order. Confirmation is made via a checkbox. By clicking on "Place order," all the information you have entered is sent directly to us.

  5. We will confirm your order as soon as possible by email to the address provided in the order. The confirmation contains a summary of the order and these terms and conditions. Our confirmation of the order constitutes the conclusion of the contract between you and us. The version of the terms and conditions valid at the time of the order is an integral part of the contract.

  6. It may happen that we are unable to confirm your order. This applies in particular to cases where the goods are not available or you have ordered more items than we have in stock. However, we will inform you of the maximum quantity in advance in the e-shop. If there is a reason why we cannot confirm your order, we will contact you and send you a modified offer to conclude the contract. The contract is concluded when you confirm our offer.

  7. If an obviously incorrect price is stated in the e-shop or in the order proposal, we are not obliged to deliver the goods to you at this price – even if the order has been confirmed. In such a case, we will contact you immediately and submit a new offer. In this case, the contract is only concluded when you confirm our new offer. If you do not confirm our new offer within three days, we are entitled to withdraw from the contract. An obvious error exists, for example, if the price does not correspond to the market price or if a digit is missing or superfluous.

  8. Upon conclusion of the contract, you are obliged to pay the total price.

  9. If you have a user account, you can also place orders through it. In this case, you are also obliged to check the accuracy of the pre-filled information. The ordering process is the same, with the advantage that you do not have to re-enter your identification data.

  10. In some cases, we offer a discount on the purchase of goods. To receive this discount, you must enter the relevant information in the field provided during the ordering process. In this case, the goods will be offered to you at a discount.

IV. USER ACCOUNT a V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE:

IV. USER ACCOUNT

  1. You can access your user account based on your registration in the e-shop.

  2. When registering your user account, you are obliged to provide all data correctly and truthfully and to update it in the event of any changes.

  3. Access to the user account is secured by a username and password. You are obliged to keep this access data confidential and not to make it available to anyone else. We accept no liability for any misuse of this data.

  4. The user account is personal and may not be used by third parties.

  5. We may delete your user account, in particular if you have not used it for more than one year or if you violate your obligations under the contract.

  6. The user account does not have to be available at all times, in particular due to necessary maintenance of hardware and software equipment.

V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

  1. The price is always stated in the e-shop, in the order proposal, and, of course, in the contract. In the event of discrepancies between the price stated in the e-shop and the price stated in the order proposal, the price stated in the order proposal shall apply, which always corresponds to the price in the contract. The order proposal also states the shipping price and, if applicable, the conditions for free shipping.

  2. The total price includes VAT and all legally required fees.

  3. We request payment of the total price after conclusion of the contract and before delivery of the goods. Payment can be made in the following ways:

    a) Bank transfer – We will send you payment information with the order confirmation. When paying by bank transfer, the total price is due within 7 days.

    b) Cash on delivery – In this case, payment is made upon delivery of the goods. Payment is due upon receipt.

    c) Cash payment upon personal collection – Cash payment is possible when collecting from our premises. Payment is due upon delivery of the goods.

  4. The invoice will be issued electronically and sent to your email address after payment of the total price. The invoice is also physically enclosed with the goods and is available in your user account.

  5. Ownership of the goods shall only pass to you after full payment of the total price and acceptance of the goods. In the case of payment by bank transfer, the total price shall be deemed to have been paid as soon as the amount has been credited to our account; in all other cases, payment shall be deemed to have been made upon the act of payment.

VI. DELIVERY OF THE GOODS, TRANSFER OF RISK

  1. The goods will be delivered to you in the following ways, according to your choice:

    a) Personal collection at our place of business in Hranice
    b) Delivery by the shipping companies Česká pošta or PPL

  2. Delivery is only possible within the Czech Republic.

  3. The delivery time always depends on the availability of the goods and the selected shipping and payment method. The estimated delivery time is specified in the order confirmation. The delivery time specified in the e-shop is non-binding and may differ from the actual delivery time. In the case of personal collection, you will be notified by email as soon as the goods are ready for collection.

  4. After taking delivery of the goods from the delivery service, you are obliged to check that the packaging is intact. If there are any visible defects or damage, please inform the delivery service and us immediately. If the packaging shows signs of unauthorized access, you are not obliged to accept the goods from the delivery service.

  5. If you do not accept the goods—with the exception of the case mentioned in point VI.4—this does not constitute a breach of our delivery obligation. Nor does it automatically constitute a withdrawal from the contract. In this case, however, we are entitled to withdraw from the contract due to a material breach of contract. The withdrawal takes effect on the day it is delivered to you. Withdrawal does not affect the right to reimbursement of shipping costs or compensation for damages.

  6. If a repeated or alternative delivery is necessary due to circumstances on your part, you shall bear the resulting costs. We will send you payment information by email; the costs must be paid within 14 days.

  7. The risk of damage to the goods passes to you upon acceptance. If you do not accept the goods—except in the case of VI.4—the risk passes to you at the moment when acceptance would have been possible. From this point on, you bear all risks of loss, damage, or depreciation.

  8. If the goods were marked as out of stock in the e-shop and only an estimated availability was given, we will inform you:

    a) in the event of unexpected production downtime, about a new expected availability or the impossibility of delivery;
    b) in the event of a delay in delivery by our supplier, about the new expected delivery date.

  9. If, for any reason, we are unable to deliver the goods within 30 days of the originally specified delivery date, both you and we are entitled to withdraw from the contract.

VII. RIGHTS IN THE EVENT OF DEFECTIVE PERFORMANCE

  1. We guarantee that the goods are free of defects at the time of transfer of risk in accordance with Section VI.7, in particular:

    a) they have the agreed characteristics or those expected from the description;
    b) they are suitable for the intended or customary purpose;
    c) they correspond to the quality or design of an agreed sample;
    d) they have been delivered in sufficient quantity and weight;
    e) they comply with legal requirements;
    f) they are free from third-party rights.

  2. Rights and obligations in the event of defective performance are governed by applicable laws, in particular §§ 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Consumer Protection Act No. 634/1992 Sb.

  3. If the goods are defective (e.g., do not meet point VII.1), you can complain by email or letter to the address provided in our contact details. You must specify how the defect should be remedied. This choice can only be changed with our consent, except in the cases specified in point 7.4. The complaint will be processed according to your chosen option. If you do not choose a solution, you have the rights specified in point 7.5.

  4. In the event of a material breach of contract, you have the right:

    a) to delivery of goods free of defects or missing parts;
    b) to repair of the goods;
    c) to a reasonable reduction in price;
    d) to withdrawal from the contract.

    If we do not fulfill your chosen option (a or b) within a reasonable time, you are also entitled to rights c and d – even if you did not originally assert them.

  5. In the event of a minor breach of contract, you have the right:

    a) to delivery of goods free of defects or missing parts;
    b) to repair of the goods;
    c) to a reasonable reduction in price.

    If the defect is not remedied in a timely manner or if the remedy is refused, you may withdraw from the contract. This also applies in the event of repeated defects or multiple defects occurring simultaneously.

  6. Withdrawal is not possible if you cannot return the goods in the condition in which you received them, unless:

    a) the condition changed as a result of checking the goods for defects;
    b) the goods were used before the defect was discovered;
    c) the impossibility of returning the goods was not caused by your actions;
    d) the goods were sold, consumed, or altered in whole or in part during normal use.

  7. Within 3 days of receiving the complaint, we will confirm its receipt, the time of receipt, and the expected processing time by email. The complaint will be processed immediately, but no later than within 30 days—an extension is possible by mutual agreement.

  8. We will inform you of the outcome of the complaint by email. If it is justified, you are entitled to reimbursement of necessary costs (e.g., postage). If the goods are replaced, we will bear the return costs of the original goods.

  9. If you are a business owner, you must report defects immediately, at the latest 3 days after receipt of the goods.

  10. As a consumer, you have the right to complain about defective goods within 24 months of receipt.

  11. The right to complain does not apply to:

a) Reduced-price goods with known defects;
b) Wear and tear due to normal use;
c) Used goods in a condition appropriate to their age;
d) Characteristics resulting from the nature of the goods.

 

VIII. WITHDRAWAL FROM THE CONTRACT a IX. CONSUMER DISPUTE RESOLUTION:

VIII. WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the contract, i.e. termination of the contractual relationship between you and us from the outset, may take place for the reasons expressly stated in this article or other parts of the terms and conditions.

  2. If you are a consumer, i.e. a person who purchases goods outside of their commercial activity, you have the right to withdraw from the contract within 14 days of receiving the goods without giving any reason, in accordance with § 1829 of the Civil Code. In the case of contracts for several types or parts of goods, the period begins with the last delivery, and in the case of regularly recurring deliveries, with the first delivery. The withdrawal can be made in any verifiable manner (e.g., by email or post to our address given in the contact details).

  3. Even as a consumer, you do not have a right of withdrawal for the following contract contents:

    a) Goods whose price depends on fluctuations in the financial market over which we have no influence;
    b) Delivery of alcoholic beverages with a delivery date exceeding 30 days and market price-dependent valuation;
    c) Goods that have been customized according to your wishes or for you personally;
    d) Goods that spoil quickly or have been inseparably mixed with other goods after delivery;
    e) Sealed goods that are not suitable for return for hygienic reasons once the seal has been removed;
    f) Audio or video recordings or software with a damaged original seal;
    g) Newspapers, journals, or magazines;
    h) Digital content that is not delivered on a physical data carrier and was provided with your express consent before the withdrawal period expired.

  4. The withdrawal period according to Section VIII.2 is deemed to have been observed if you send the notice of withdrawal within the period.

  5. In the event of withdrawal, we will refund the purchase price within 14 days of the withdrawal taking effect to the account from which the payment was made or to an account specified by you. However, the refund will only be made after we have received the goods or proof of their return. Please return the goods clean and, if possible, in their original packaging.

  6. The goods must be returned within 14 days of withdrawal. You are responsible for the return shipping costs. We will only refund the shipping costs for the cheapest shipping method offered. If the withdrawal is due to a breach of contract on our part, we will cover the return shipping costs up to a maximum of the cheapest shipping method.

  7. You are liable for any loss in value of the goods if this is due to handling that was not necessary to check the condition, properties, and functionality. We will invoice you for the damage caused after we have received the goods back (payment period: 14 days). If we have not yet refunded the purchase price, we will offset this damage against your repayment claim.

  8. We are entitled to withdraw from the contract if objective reasons make delivery impossible (e.g., force majeure, delivery problems on the part of third parties). This also applies before the expiry of the period specified in point VI.9. This also applies in the event of incorrect information in the order. If you place an order as an entrepreneur, we can withdraw from the contract at any time without giving reasons.

IX. CONSUMER DISPUTE RESOLUTION

  1. We are not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the German Civil Code (BGB) towards the buyer.

  2. We handle consumer complaints via the email address info@dragonworks.cz. You will receive information about the processing of your complaint by email.

  3. The Czech Trade Inspection Authority is responsible for the out-of-court settlement of consumer disputes arising from the contract, address: Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used by consumers who have concluded a purchase contract by electronic means.

  4. The European Consumer Centre Czechia, address: Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz is the contact point in accordance with Regulation (EU) No. 524/2013 on online dispute resolution.

 

X. FINAL PROVISIONS

  1. If our legal relationship has an international dimension (e.g. delivery outside the Czech Republic), this relationship is always governed by the laws of the Czech Republic. However, if you are a consumer, your rights under mandatory legal provisions remain unaffected.

  2. All correspondence shall be conducted electronically. Our email address can be found in our contact details. We will send notifications to the email address you provided in the contract, in your user account, or in your communication with us.

  3. Changes to the contract are only possible in written form. However, we may unilaterally change these terms and conditions. This only applies to contracts concluded after the changes come into effect. If you have a user account or regularly receive goods, we will inform you of any changes by email at least 14 days before they come into effect. If you do not cancel within this period, the new terms and conditions will apply from the next delivery. In this case, the notice period is 2 months.

  4. In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, failure of subcontractors, etc.), we are not liable for any damage caused thereby. If the force majeure situation lasts longer than 10 days, both parties have the right to withdraw from the contract.

  5. The following sample forms are attached to the contract: complaint form and withdrawal form.

  6. The contract, including the terms and conditions, is archived by us in electronic form, but is not accessible to you. However, you will always receive a confirmation with the terms and conditions by email. We recommend that you save this.

  7. These terms and conditions come into force on September 10, 2022.

APPENDIX 1 – COMPLAINT FORM

Recipient:
Woast design s.r.o.
Dobrovského 587
753 01 Hranice

Complaint statement

Date of contract conclusion:

First and last name:

Address

Email address:

Goods subject to complaint:

Description of the defect:

Proposed solution or bank details for credit note:

I would also ask you to confirm receipt of my complaint, stating the date of the complaint, the content of the complaint including my claim, and the date and type of resolution.

Date:
Signature:

APPENDIX 2 – CANCELLATION FORM

Recipient:
Woast design s.r.o.
Dobrovského 587
753 01 Hranice

I hereby declare my withdrawal from the contract:

Date of contract conclusion:

First and last name:

Address:

Email address:

Description of the goods concerned:

Desired method of repayment, including bank details:

Note for consumers:
If you ordered the goods via the Woast design s.r.o. e-shop or another means of distance communication, you have the right to withdraw from the contract within 14 days without giving reasons (except in cases specified in § 1837 BGB) in accordance with § 1829 BGB. The withdrawal must be made in writing to the business address or by email (see form).

After such withdrawal, please return or hand over the goods received to the company within 14 days.

The company will refund the purchase price paid, including shipping costs, without undue delay, at the latest within 14 days of withdrawal, but only in the amount of the cheapest shipping method offered. The refund will only be made after the goods have been returned or proof of shipment has been provided.

Date:
Signature: