Terms and Conditions

Terms and Conditions of ZJD s.r.o.

Registered office: Barunčina 1853/40, Modřany, 143 00 Prague 4
Identification number: 096 54 160
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 339754
For the sale of goods through the online store located at www.mysidoupe.eu

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of ZJD s.r.o., with its registered office at Barunčina 1853/40, Modřany, 143 00 Prague 4, identification number: 096 54 160, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 339754 (hereinafter referred to as "Seller"), regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.mysidoupe.eu (hereinafter referred to as "Website"), through the interface of the Website (hereinafter referred to as "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 a person who acts when ordering goods within the scope of their business activity or within the scope of their independent performance of their profession.

1.3. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Contract. Deviating provisions 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 the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as "User Account"). If the Web Interface of the Store allows it, the Buyer can also order goods 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 correct and truthful information. The Buyer is obliged to update the information provided in the User Account in case of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their 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, especially if the Buyer has not used their User Account for more than 1 year, or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).

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

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the Web Interface of the Store is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.

3.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs of returning the goods if these goods cannot be returned by their nature by the usual postal route. The prices of goods are stated including value-added tax and all related fees. The prices of goods remain valid for the period they are displayed in the Web Interface of the Store. This provision does not limit the possibility of the Seller concluding a Purchase Contract under individually agreed conditions.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods stated in the Web Interface of the Store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains, in particular, information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Web Interface of the Store),

3.4.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and

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

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the Order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "Submit Order" button. The data stated in the Order are considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by electronic mail, to the Buyer's electronic mail address specified in the User Account or in the Order (hereinafter referred to as "Buyer's Electronic Address").

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

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's Electronic Address.

3.8. The Buyer agrees to the use of remote communication means 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 of internet connection, costs of telephone calls) are borne by the Buyer themselves, and these costs do not differ from the basic rate.

3.9. PRE-ORDERS

Titles in pre-orders are titles that are in the publishers' editorial plans.

The date indicated for the title is the expected release date. This date may change.

We do not guarantee delivery of pre-order titles if there are more orders for the title than the publisher's print run.

In such a case, orders are processed chronologically according to the date of their receipt until the stock is exhausted.

Remaining pre-orders are canceled after informing the Buyer, and any financial amount is refunded to the Buyer.

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 Contract can be paid by the Buyer to the Seller in the following ways:

• in cash on delivery at the place specified by the Buyer in the Order;
• cashless transfer to the Seller's account no. 2601893982/2010, maintained with Fio banka (hereinafter referred to as "Seller's Account");
• cashless via the ComGate payment system;
• cashless by credit card;

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

4.3. The Seller does not require a deposit or any other similar payment from the Buyer. 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 payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the Purchase Contract.

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 fulfilled at the moment the relevant amount is credited to the Seller's Account.

4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - invoice to the Buyer regarding payments made under the Purchase Contract. The Seller is not a VAT payer. The tax document - invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's Electronic Address.

4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then no later than 48 hours.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Contract for the supply of goods that have been modified according to the Buyer's wishes or for their person, from the Purchase Contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the Purchase Contract for the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygienic reasons, and from the Purchase Contract for the supply of an audio or video recording or computer program if the original packaging has been broken.

5.2. Unless it is a case mentioned in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer can use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Contract can be sent by the Buyer, among other things, to the address of the Seller's establishment or to the Seller's email address info@mysidoupe.eu.

5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by their nature by the usual postal route.

5.4. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller will return the monetary funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer, in the same way, they were received from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon returning the goods by the Buyer or in another way if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, cashless to the account specified by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift loses its effectiveness and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the mode of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method 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 case of any defects, immediately notify the carrier. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer may not take over the shipment from the carrier. This does not affect the Buyer's rights from liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.

6.5. Other rights and obligations of the parties in the transportation of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially 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., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and based on the advertising carried out by them,

7.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure, or weight, and

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

7.3. If a defect appears within six months of receipt, it is assumed that the goods were defective at the time of receipt.

7.4. The Seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. Otherwise, the Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. If a period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By guaranteeing quality, the Seller undertakes that the goods will be fit for use for the usual purpose or that they will retain their usual properties for a certain period. If the Buyer has rightfully pointed out a defect in the goods to the Seller, the period for exercising rights from defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective goods.

7.5. The provisions of Article 7.4 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 and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to rights from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.

7.6. Rights from liability for defects in goods are exercised with the Seller. However, if another person designated for repair is specified in the confirmation issued by the Seller regarding the scope of rights from liability for defects (within the meaning of the provisions of Section 2166 of the Civil Code), which is closer to the Buyer than the Seller, the Buyer will exercise the right to repair with the person designated for repair. Except in cases where another person is designated for repair according to the previous sentence, the Seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the range of goods sold or services provided, or at the registered office or place of business of the Seller. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requires; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.

7.7. The Buyer can specifically exercise rights from liability for defects in goods, especially by electronic mail at info@mysidoupe.eu.

7.8. The Buyer will inform the Seller of the right they have chosen when notifying the defect or without undue delay after notifying the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect that proves to be irreparable.

7.9. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the Buyer can also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer can only demand the replacement of the part; if this is not possible, they can withdraw from the contract. However, if this is unreasonable due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect if they cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, to the replacement of a part, or to the repair of the goods, they can demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as if the Seller does not remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the Buyer.

7.10. Anyone who has the right under Section 1923 of the Civil Code is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiration of the period in which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.

7.11. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

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

8.3. The handling of consumer complaints is ensured by the Seller via the electronic address info@mysidoupe.eu. The Seller will send information about the handling of the Buyer's complaint to the Buyer's Electronic Address.

8.4. The Czech Trade Inspection Authority, with its 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 settlement of consumer disputes from the Purchase Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the Purchase Contract.

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

8.6. 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. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

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

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Contract, for the purposes of negotiating the Purchase Contract, and for the purposes of fulfilling the Seller's public law obligations through a separate document.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees, within the meaning of the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purposes of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the Website and fulfill the Seller's obligations under the Purchase Contract without storing cookies on the Buyer's computer, the Buyer can revoke the consent according to the previous sentence at any time.

11. DELIVERY

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

11.2. The Buyer delivers correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address specified in the Buyer's customer account or in the Order.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive the Buyer, who is a consumer, of the protection provided by the provisions of the legal order from which it is not possible to deviate contractually, and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the 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. An annex to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract.

12.5. Contact details of the Seller: delivery address ZJD s.r.o., Barunčina 1853/40, Prague 4 – Modřany, 14300, email address info@mysidoupe.eu.

In Prague on 13.10.2023