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Groowia

Terms and Conditions

TERMS AND CONDITIONS OF Groowia s.r.o. FOR THE USE OF THE WEBSITES WWW.GROOWIA.CZ, WWW.GROOWIA.DE, WWW.GROOWIA.IT and WWW.GROOWIA.COM, THE OLÍ APPLICATION AND THE OLIVER DEVICE

These terms and conditions (“Terms”) of Groowia s.r.o., with its registered office at Osma 481, 549 01, Krčín, Nové Město nad Metují, Czech Republic, Company ID No. 23726733, VAT ID CZ23726733, registered in the Commercial Register of the Regional Court in Hradec Králové under file no. C 55304/KSHK, e-mail info@groowia.cz, telephone number +420 720 891 961 (“We” or the “Seller”) govern, in accordance with Article 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a contract concluded through the websites www.groowia.cz, www.groowia.de, www.groowia.it and www.groowia.com (the “Websites”), the Olí application (the “Olí Application”) and the Oliver cultivation device (the “Oliver Device”).

All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here.

The provisions of these Terms form an integral part of the contract. The contract and the Terms are drawn up in the Czech language.  The translation is provided only for convenience and is not legally binding. We may unilaterally amend 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 are certainly aware, we primarily communicate remotely. Therefore, for our contract, means of distance communication are used, enabling us to reach agreement without our and your simultaneous physical presence, and the contract is thus concluded at a distance in the e-shop environment via the interface of the Websites or the Olí Application.

If any part of the Terms conflicts with what we have jointly agreed during your purchase process in our e-shop, the setup of the Olí Application or the setup of the Oliver Device, such specific agreement shall prevail over the Terms.

  1. SELECTED DEFINITIONS

  1. Price means the financial amount you will pay for the Goods;

  2. Delivery Price means the financial amount you will pay for delivery of the Goods, including packaging;

  3. Total Price means the sum of the Price and the Delivery Price;

  4. VAT means value added tax pursuant to applicable legal regulations;

  5. Invoice means a tax document issued in accordance with the VAT Act for the Total Price;

  6. Order means your irrevocable proposal to conclude a Contract for the purchase of Goods with us;

  7. User Account means an account created on the basis of data you provide, enabling the storage of entered data and retention of the history of ordered Goods and concluded purchase contracts;

  8. You means a person purchasing on our Websites or in the Olí Application or using the Olí Application or the Oliver Device;

  9. Goods means anything that can be purchased on the Websites;

  10. Olí Application means our application that can be downloaded via the App Store (for iOS devices) or Google Play (for Android devices);

  11. Oliver Device means an automated cultivation device that you can purchase from us.

  1. GENERAL PROVISIONS AND INFORMATION

2.1 The purchase of Goods is only possible via the web interface of the Websites (e-shop) or through the Olí Application. The use of advanced functions of the Oliver Device is only possible via the Olí Application.

2.2 When using our services, you are obliged to provide us with all information accurately and truthfully. The information you provide when creating a User Account or ordering Goods will therefore be considered accurate and truthful.

2.3 The Olí Application, the software of the Oliver Device and the Websites as a whole and their individual parts constitute works protected by copyright within the meaning of Article 2 of Act No. 121/2000 Coll., the Copyright Act, as amended. The Seller holds all rights under the Copyright Act to the content of the Websites as a whole. The Seller is also authorised, on the basis of a licence, to use individual elements of the Olí Application and the Websites, in particular photographs, design, graphics, logos, texts, sounds, etc.

2.4 Any part of the content of the Olí Application or the Websites may be used without the Seller’s consent only for private purposes. Without our prior written consent, you must not use the content of the Olí Application and the Websites in any other way, in particular publish, copy, distribute or use it for commercial purposes. This prohibition also applies to the logo and name of the Olí Application. API scraping without prior written consent of the operator is also prohibited, i.e. the use of programs or scripts that repeatedly and automatically call the API to obtain large amounts of data from the Olí Application or the Websites.

  1. USER ACCOUNT

3.1 Based on your registration on the Websites or in the Olí Application, you may access your User Account. Use of the Olí Application is conditional upon creating a User Account and logging into it. You may use the Websites without creating or logging into a User Account. By creating a User Account, you enter into a contract with us under these Terms.

3.2 When registering a User Account, you are obliged to provide all data accurately and truthfully and to update it in the event of any changes.

3.3 Access to the User Account is secured by a username (e-mail address) and password. You are obliged to maintain confidentiality regarding these access details and not to disclose them to any third party. In the event of misuse, we bear no responsibility. Instead of a username and password, you may choose to access your User Account via your Apple ID or Google ID. In such a case, you are obliged to protect your access credentials. You are responsible for all activities carried out through your account. If any unauthorised or illegal access occurs or any other breach of security arises, you must inform us without undue delay.

3.4 The User Account is personal and you are not entitled to allow its use by third parties.

3.5 We may cancel your User Account, particularly if it is not used for more than one year or if you breach your obligations under these Terms.

3.6 The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software.

3.7 You are entitled to cancel your User Account. In such a case, the contractual relationship established by registration terminates and you will no longer be able to use the Olí Application or advanced functions of the Oliver Device. Cancellation of the User Account does not affect concluded purchase contracts, but you will not be able to view data on previous purchases in the account.

  1. PURCHASE CONTRACT

4.1 The purchase contract may be concluded with us only in the Czech language on the website www.groowia.cz, in the German language on www.groowia.de, in the Italian language on www.groowia.it and in the English language on www.groowia.com.

4.12 The purchase contract is concluded at a distance via the Websites or the Olí Application, and you bear the costs of using distance communication means (in particular internet connection). These costs do not differ from the basic rate you pay for using such means (in particular for internet access), and therefore you need not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree to the use of distance communication means.

4.23 In order for us to conclude the purchase contract, you must create an Order proposal on the Websites or in the Olí Application. This proposal must contain the following information:

  1. Information about the Goods being purchased (in the e-shop you select the Goods you are interested in by clicking the “Add to cart” button);

  2. Information about the Price, Delivery Price, method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the user interface of the e-shop, while information about the Price, Delivery Price and Total Price will be provided automatically based on the Goods selected and the delivery method;

  3. Your identification and contact details necessary for delivery of the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address;

  4. In the case of a Contract under which Goods are to be supplied to you repeatedly, also information on the duration of such supply.

4.34 During the creation of the Order proposal, you may change and check the data until the Order is created. After checking, you create the Order by clicking the “Order with obligation to pay” button. Before clicking the button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be created. A checkbox is used for confirmation. After clicking the button, all completed information is sent directly to us.

4.45 We will confirm receipt of your Order without undue delay after it has been delivered to us, by a message sent to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Contract is concluded upon our confirmation of the Order. The Terms effective on the date of the Order form an integral part of the Contract.

4.56 There may be cases where we are unable to confirm your Order, in particular where the Goods are not available or where you order a quantity exceeding the permitted amount. Information about maximum quantities will always be provided in advance on the Websites or in the Olí Application. If we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form. The Contract is concluded when you confirm our offer.

4.67 If an obviously incorrect Price is displayed on the Websites, in the Olí Application or in the Order proposal, we are not obliged to supply the Goods at such Price, even if the Order has been confirmed. In such a case, we will contact you without undue delay and send you an offer to conclude a new contract. If you do not accept the offer within 3 days, we are entitled to withdraw from the Contract.

4.78 Upon conclusion of the Contract, you are obliged to pay the Total Price.

4.89 If you have a User Account, you may place an Order through it. You are still obliged to check the accuracy of pre-filled data.

4.910 In some cases, discounts may be applied. To receive a discount, you must enter the relevant code in the designated field. If valid, the discount will be applied.

  1. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

5.1 The Price is always stated in the e-shop, in the Order proposal and in the contract. In case of discrepancy, the Price in the Order proposal prevails.

5.2 The Total Price includes VAT and all statutory fees.

5.3 We will require the payment after the contract conclusion and before the delivery of the Goods. You can pay through the following payment methods:

  1. Bank transfer – we will send you the payment instruction in the Order confirmation . In case of bank transfer the Total Price is payable within three working days from the day of the order;

  2. Online card payment or similar means – in such case the payment is done through Stripe Payments Europe, Ltd., PayPal (Europe) S.a r.l. et Cie, S.C.A. or Klarna Bank AB (publ)  And the payment is governed by the terms and conditions of this gateway, available here, here or here. In case of the payment gateway the Total price is payable  within one working day;

  3. Cash or card on collection. You can pay cash or by card in case of handover on Our premises. In case of cash or card payment at personal collection the Total Price is payale at the Goods collection. The Goods need to be collected within three working days.

5.4 The Invoice will be issued electronically after payment and sent to your e-mail address. The Invoice will be available in the User Account

5.5 Title to the Goods passes to you only after payment of the Total Price and receipt of the Goods. In case of payment by Bank transfer the Total price is paid at the moment it is credited to Our bank account. Otherwise it is paid at the moment the payment is done.

  1. DELIVERY OF GOODS,  AND PASSING OF RISK AND LIABILITY FOR DAMAGES

6.1 The Goods will be delivered through the means of your choice; you can choose from the following delivery options:

  1. Personal collection at collection points currently offered on the Websites or in the Olí Application;

  2. Delivery via transport companies currently offered on the Websites or in the Olí Application.

6.2 We will deliver to any location in the EU. Delivery is available within the EU only.

6.3 Delivery time depends on availability and delivery means and payment means selected. The estimated delivery time will be communicated to you in the Order confirmation. The time specified is for orientation purposes only and may vary. 

6.4 Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier and us without undue delay. If the packaging shows signs of unauthorised interference, you are not obliged to accept the Goods.

6.5 If you breach your obligation to accept the Goods, except in cases under Article 6.4, this does not constitute a breach of our obligation to deliver the Goods. Your failure to accept the Goods does not in itself constitute withdrawal from the Contract. However, we are entitled to withdraw from the Contract due to your material breach. If we exercise this right, the withdrawal becomes effective on the day it is delivered to you. This does not affect our right to reimbursement of delivery costs or damages.

6.6 If, for reasons on your part, the Goods must be delivered repeatedly or in a manner other than agreed, you are obliged to reimburse the costs associated with such repeated delivery. Payment details will be sent to your e-mail address and are payable within 14 days.

6.7 The risk of damage to the Goods passes to you at the moment you take delivery. If you fail to take delivery (except as per Article 6.4), the risk passes at the moment you should have taken delivery.

6.8 If the Goods were not indicated as in stock and only an estimated availability was provided, we will inform you in the event of:

a) an extraordinary production outage, including a new expected availability date or information that delivery is not possible;

b) delay in delivery from our supplier, including a new expected delivery date.

6.9 If Wwe are unable to deliver the Goods within 30 days after the expiry of the delivery period stated in the Order confirmation, both you and we are entitled to withdraw from the Contract.

6.10 We are in no way responsible for damages or losses resulting from use of the Goods contrary to the user manual and/or safety instructions. 

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 We warrant that at the time the risk of damage to the Goods passes to you pursuant to Article 6.7 of these Terms, the Goods are free from defects, in particular that:

  1. they have the properties agreed between us, and if not expressly agreed, then such properties as we have described or which may be expected having regard to the nature of the Goods;

  2. they are fit for the purposes stated by us or for purposes usual for goods of that type;

  3. they correspond in quality or design to any agreed sample, if quality or design was determined according to a sample;

  4. they are in the appropriate quantity and weight;

  5. they comply with the requirements of legal regulations;

  6. they are not encumbered by third-party rights.

7.2 The rights and obligations relating to defective performance are governed by the relevant generally binding legal regulations, in particular Articles 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.3 If the Goods have a defect, in particular if any of the conditions under Article 7.1 are not met, you may notify us of such defect and exercise your rights from defective performance (i.e. lodge a complaint) by sending an e-mail or letter to our contact details. You may also use the model complaint form provided on the Website and in the Olí Appattached as Annex 1 to these Terms. When exercising rights from defective performance, you must choose the method of remedy, and you may not subsequently change this choice without our consent, except as provided in Article 7.4. We will handle the complaint in accordance with the chosen right. If you do not choose a remedy, you shall have the rights set out in Article 7.5 even in cases where the breach is material.

7.4 If the defective performance constitutes a material breach of the Contract, you have the following rights:

  1. to have the defect remedied by delivery of new Goods without defect or by delivery of the missing part;

  2. to have the defect remedied by repair of the Goods;

  3. to a reasonable discount on the Price;

  4. to withdraw from the Contract.

If you choose a remedy under points (a) or (b) and we fail to remedy the defect within a reasonable period or inform you that we will not remedy it in that manner, you shall have the rights under points (c) and (d), even if you did not originally request them. If you choose repair and it is determined that the defect is irreparable, we will inform you and you may choose another remedy.

7.5 If the defective performance constitutes a non-material breach of the Contract, you have the following rights:

  1. to have the defect remedied by delivery of new Goods or the missing part;

  2. to have the defect remedied by repair;

  3. to a reasonable discount on the Price.

If we fail to remedy the defect in time or refuse to do so, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to repeated occurrence of defects after repair or due to a higher number of defects.

7.6 In cases of both material and non-material breach, you may not withdraw from the Contract or request delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply if:

  1. the condition of the Goods has changed as a result of inspection to detect a defect;

  2. the Goods were used before the defect was discovered;

  3. the inability to return the Goods unchanged was not caused by your actions or omissions;

  4. the Goods were sold, consumed or altered in normal use before the defect was discovered; if only part of the Goods is returned, the corresponding part of the Price will not be refunded.

7.7 Within 3 days of receiving the complaint, we will confirm by e-mail that we have received it, when it was received and the expected duration of its processing. We will resolve the complaint without undue delay, no later than 30 days from its receipt, unless we agree on a longer period. If the deadline expires in vain, you may withdraw from the Contract.

7.8 We will inform you of the outcome of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs, which must be documented. If the defect is remedied by replacement, you must return the original Goods at our expense.

7.9 If you are an entrepreneur, you are obliged to notify the defect without undue delay after you could have discovered it, no later than 3 days after receipt.

7.10 If you are a consumer, you may exercise rights from defective performance within 24 months from receipt of the Goods.

7.11 The provisions on liability for defects shall not apply in cases of:

  1. Goods sold at a lower Price for a defect for which the lower Price was agreed;

  2. wear and tear caused by normal use;

  3. used Goods corresponding to their degree of use or wear;

  1. where this follows from the nature of the Goods.

  1. WITHDRAWAL FROM THE CONTRACT

8.1 Withdrawal from the contract, i.e. termination of the contractual relationship from the beginning, may occur for reasons and in the manner specified in this Article or other provisions of these Terms where the possibility of withdrawal from the contract is expressly mentioned.

8.2 If you are a consumer, that is a person purchasing the Goods outside the framework of any entrepreneurial activity, you have the right under Article 1829 of the Civil Code to withdraw from the contract without giving any reason within 14 days from the date of delivery of the Goods. In case you concluded a contract for multiple kinds of goods or delivery of several parts of Goods, the period runs from delivery of the last item. In the case we concluded a contract based on which we will provide you with repeated delivery, it runs from the first delivery. You may withdraw from the contract by any demonstrable means, including e-mail or letter to Our addresses specified together with Our identification details. You may also use the model withdrawal form provided by Us on the Website and in the Olí App, which is attached as Annex 2 to these Terms.

8.3 Even as a consumer you may not withdraw from the contract in cases where the subject of the contract is:

  1. Goods whose Price depends on financial market fluctuations independent of Our will which may occur during the period for withdrawal from the Contract;

  2. Goods customised to Your requirements or for Your person;

  3. perishable Goods or Goods irreversibly mixed with other goods;

  4. Goods delivered in sealed packaging that was opened and cannot be returned for hygiene reasons, such as seeds that were removed from a protective atmosphere packaging;

  5. delivery of audio/video recordings or computer software in case the original packaging was broken;

  6. delivery of newspapers, periodicals or magazines;

  7. delivery of digital content, if not provided on a material carrier and it was provided with Your express consent before the expiry of the withdrawal period and we informed You that you do not have the right to withdraw from the contract. 

8.4 The withdrawal period under article 8.2 of the Terms shall be deemed observed if you send Us the notice of withdrawal within that period.

8.5  In the event of withdrawal from the contract, the Price will be refunded to you by the same means by which we received the payment from You. However, if the Price cannot be paid by the same means, p.e. You paid in cash or your payment card used in the payment expired, you are responsible for the correctnest of the payment information you provide to us for the return. You are also responsible for the correctness of the payment information if we comply with your request and return the Price in a different manner requested by you. In case the Price was paid by a credit provider cooperating with us, we always return the Price to the credit provider for the repayment of the loan, by which we repay the relevant part of the loan for you. within 14 days from the date on which the withdrawal becomes effective, to the account from which it was credited, or to an account designated by you. However, the amount will not be refunded before you return the Goods to us or prove that they have been sent back. Please return the Goods clean and, if possible, including the original packaging.

8.6 In the event of withdrawal pursuant to Article 8.2, you are obliged to send the Goods back to us within 14 days from withdrawal and you bear the costs associated with returning the Goods to us. You are, however, entitled to reimbursement of the Delivery Price, but only in an amount corresponding to the cheapest delivery method offered by us. If withdrawal is due to our breach of the Contract, we shall also bear the costs of return, again only up to the amount corresponding to the cheapest delivery method offered.

8.7 You are liable to us for damage in cases where the Goods are damaged as a result of your handling them in a manner other than that necessary with regard to their nature and characteristics. We will invoice you for such damage after the Goods have been returned, and the amount is payable within 14 days. If we have not yet refunded the Price, we are entitled to set off our claim against your claim for refund.

8.8 We are entitled to withdraw from the Contract at any time before the Goods are delivered to you if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), including before the expiry of the period under Article 6.9. We may also withdraw if it is evident that you have intentionally provided incorrect information in the Order. If you purchase Goods as a business, we are entitled to withdraw at any time without giving any reason.

8.9 In the case of Goods returned unopened in their original packaging, you may withdraw from the Contract up to 30 days from the date of delivery. Articles 8.2, 8.4, 8.5, 8.6 and 8.7 shall apply mutatis mutandis.

  1. USE OF THE OLÍ APPLICATION

9.1 You may use the Olí Application on your mobile device with the iOS or Android operating system. When using the application, it is necessary to have a data connection to the internet, while the costs of such connection are borne by you. However, these costs do not differ from the basic rate you pay for using these means (in particular for internet access), and you should therefore not expect any additional charges from us.

9.2 In order to use the Olí Application, it is necessary to create a User Account.

9.3 The Olí Application enables online purchases, which are governed by Articles 2 to 8 of these Terms.

9.4 The Olí Application further enables interconnection with the Oliver Device, which is governed by Article 10 of these Terms.

9.5 When using the Olí Application, you undertake that you will not interfere with the security, technical nature or content of the Olí Application or otherwise misuse it, interfere with the use of the Olí Application by other users, use the Olí Application for sending unsolicited messages (spam), chain messages, send messages containing viruses or any dangerous or harmful programs, attempt to gain access to those parts of the Olí Application that are excluded from public use, in particular the source code, or distribute via the Olí Application any messages or materials that violate generally binding legal regulations of the Czech Republic.

9.6 By using the Olí Application, you obtain a limited, non-exclusive, non-transferable and non-sublicensable licence to download, install and use the Olí Application on a device that you own or control. This licence is granted exclusively for your personal, non-commercial use and in accordance with these Terms. You may not sell, sublicense or transfer any rights to the Olí Application, modify it, copy it or create derivative works from it, nor attempt to discover the source code of the Olí Application, unless this is permitted by generally binding legal regulations.

9.7 We will endeavour to ensure that the Olí Application is available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access to the Olí Application, as outages or interruptions may occur due to maintenance, updates or unforeseen circumstances. If outages occur for reasons entirely beyond our control, we bear no responsibility for the unavailability of the Olí Application. From time to time, we must also carry out operational maintenance during which the services of the Olí Application will not be available. We will endeavour to inform you within a reasonable period (by e-mail, in the Olí Application or on the Websites) of any suspension or termination of access to these services. We shall not be liable to you for any damage caused by such suspension or interruption of the Olí Application.


9.8 In order to improve the functionality, performance and security of the Olí Application, we may issue updates or upgrades. We may also add new features in order to improve its functionality. In such a case, you will be informed and your cooperation in their installation may be required. In this respect, we reserve the right to modify or even temporarily or permanently discontinue the provision of the services of the Olí Application or any part thereof, even without prior notice.

9.9 When using the Olí Application, you should act with prudence and sound judgement and not rely blindly on the information provided, which may not take into account all circumstances of cultivation in your specific conditions.

10. USE OF THE OLIVER DEVICE AND THE INTERCONNECTION OF THE OLÍ APPLICATION WITH THE OLIVER DEVICE

10.1 The Oliver Device includes embedded software (the “Software”). By concluding the purchase contract, you simultaneously obtain a non-exclusive, unlimited in time licence to use the Software for the purpose of operating the Goods in accordance with their usual purpose. You are not entitled to distribute, copy, make available to third parties or otherwise commercially exploit the Software. The licence is non-transferable, except in cases where you simultaneously transfer ownership of the Goods to the same person. You are not entitled to grant a sublicense, except in cases where you simultaneously lend or lease your Oliver Device to the same person. The licence is granted without territorial limitation. You are not entitled to separate the Software from the Oliver Device, decompile it, modify it, create derivative works, otherwise interfere with it or attempt to discover the source code of the Software, unless this is permitted by generally binding legal regulations.

10.2 You may use the Oliver Device without connection to the Olí Application; however, you will not have access to advanced functions. If you decide to connect the Oliver Device to the Olí Application, you must first install the Olí Application on your own device (mobile phone), create a User Account and log in to the Olí Application using that User Account. You will then connect the Olí Application with the Oliver Device using the Bluetooth protocol. In such a case, the Oliver Device requires connection to a Wi-Fi network and entry of access credentials to that network (such credentials are stored only on your Oliver Device and are not transmitted to us).

10.3 When connected to the Olí Application, the Oliver Device transmits data regarding cultivation conditions, in particular temperature and lighting. Through the Olí Application, you may control certain functions of the Oliver Device, such as switching lighting on and off. Within the Olí Application, you may input data regarding cultivated plants and use personalised recommendations for their cultivation.

10.4 You acknowledge that, although we will endeavour to provide you with the best possible personalised recommendations for plant cultivation, we cannot influence all factors affecting them and therefore we bear no liability for the outcome of your cultivation.

10.5 In order to improve the functionality, performance and security of the Oliver Device, we may issue updates or upgrades. We may also add new functions in order to improve its functionality. In such a case, you will be informed and your cooperation in their installation may be required.

11. CONSUMER DISPUTE RESOLUTION

11.1 We are not bound in relation to buyers by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

11.2 We handle consumer complaints via the electronic address info@groowia.cz. Information on the handling of a complaint will be sent to the buyer’s electronic address.

11.3 The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/14, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. For out-of-court resolution of consumer disputes in the field of digital services, the competent authority is the Czech Telecommunication Office (ČTÚ), Sokolovská 219, 190 00 Prague 9, website: http://www.ctu.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer who is a consumer arising from a purchase contract concluded by electronic means.

11.4 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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).

12. FINAL PROVISIONS

12.1 If the legal relationship established by the Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. If you are a consumer, your rights arising from generally binding legal regulations are not affected by this choice of law.

12.2 All written correspondence between us and you shall be delivered by electronic mail. Our e-mail address is stated in our identification details. We will deliver correspondence to the e-mail address specified in the Contract, in the User Account or through which you have contacted us.

12.3 The contract may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; such amendment shall not affect already concluded Contracts, but only Contracts concluded after the effective date of such amendment. We will inform you of the amendment only if you have created a User Account (so that you have this information in the event that you order new Goods, but the amendment does not give rise to a right of termination, as we do not have a contract that could be terminated), or if we are to deliver Goods to you regularly and repeatedly under the Contract. Information about the amendment will be sent to your e-mail address at least 30 days before the amendment becomes effective. If you do not terminate the Contract for the provision of such services within 30 days from the delivery of this information, the new Terms become part of our Contract and shall apply to the next delivery of Goods following the effective date of the amendment.

12.4 In the event of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational outages, subcontractor failures, etc.), we shall not be liable for damage caused as a result of or in connection with such events. If a state of force majeure lasts for a period exceeding 10 days, both we and you shall have the right to withdraw from the Contract.

12.5 Annexes to these Terms include a model complaint form and a model withdrawal form.

12.6 The contract, including these Terms, is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, and you will therefore always have access to the Contract without our cooperation. We recommend that you always save the Order confirmation and the Terms.

12.7 These Terms become effective on 1 August 2026.