General Terms and Conditions

for the sale of goods through an online store located at the internet address https://ginist.cz

MgA, Martin Žampach, A natural person doing business under the Trade Licensing Act with registered office at Révová 290/13, 100 00 Prague 10, ID: 70423997, VAT ID: CZ8108104598

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as "terms and conditions") of the GINIST online store, with registered office at Révová 290/13, 100 00 Prague 10, identification number: 70423997, 101 - natural person doing business under the Trade Licensing Act (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 based on the purchase agreement (hereinafter referred to as "purchase agreement") 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 https://ginist.cz (hereinafter referred to as "website"), specifically through the website interface (hereinafter referred to as "store web interface").
These terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activities or independent exercise of their profession when ordering goods.
Provisions deviating from these terms and conditions may be agreed upon in the purchase agreement. Deviating agreements in the purchase agreement shall take precedence over the provisions of these terms and conditions.
The provisions of these terms and conditions form an integral part of the purchase agreement. The purchase agreement and these terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
The seller may change or supplement the wording of these terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of these terms and conditions.

USER ACCOUNT

Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also place orders for goods directly from the store's web interface without registration.
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 data provided in the user account in case of any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
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.
The buyer is not authorized to allow third parties to use their user account.
The seller may cancel the user account, especially if the buyer does not use their user account for more than 1 year, or if the buyer violates their obligations under the purchase agreement (including the terms and conditions).
The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE AGREEMENT

All presentations of goods located in the store's web interface are for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The store's web interface contains information about the goods, including the prices of individual goods and the costs of returning goods, if such goods, by their nature, cannot be returned by ordinary postal means. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the store's web interface. The prices of goods are not adjusted to the person of the buyer based on automated decision-making. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
The store's web interface also contains information about the costs associated with packaging and delivery of goods, and about the method and time of delivery of goods. Information about the costs associated with packaging and delivery of goods specified in the store's web interface applies only when the goods are delivered within the territory of the Czech Republic. In cases where the seller offers free shipping, the condition for the buyer to acquire the right to free shipping is the payment of a minimum total purchase price for the goods being shipped, in the amount specified in the store's web interface. In cases where the buyer partially withdraws from the purchase agreement and the total purchase price of the goods from which the buyer has not withdrawn from the contract does not reach the minimum amount required for the right to free shipping according to the previous sentence, the buyer's right to free shipping ceases, and the buyer is obliged to pay for the shipping of the goods to the seller.
To order goods, the buyer fills out the order form in the store's web interface. The order form primarily contains information about:

the ordered goods (the buyer "places" the ordered goods in the electronic shopping cart of the store's web interface),
the method of payment of the purchase price for the goods, details of the requested method of delivery of the ordered goods, and
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").

Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, including the possibility for the buyer to detect and correct errors made during data entry into the order. The buyer sends the order to the seller by clicking the "Pay" button. The data provided in the order are considered correct by the seller. The seller shall confirm receipt of the order to the buyer without undue delay 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").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.
The buyer agrees to the use of remote communication means for concluding the purchase agreement. Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, telephone call costs) shall be borne by the buyer, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller in the following ways: 1. cash on delivery at the location specified by the buyer in the order; 2. cashless transfer to the seller's account no. 670100-2221355293/6210, maintained by mBank (hereinafter referred to as "seller's account"); 3. cashless via the payment system Shopify Payments.
Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The seller does not require a deposit or any other similar payment from the buyer. This does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment, cash on delivery, or at a parcel pick-up point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of concluding the purchase agreement.
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.
The seller is entitled, especially if the buyer does not additionally confirm the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer regarding payments made under the purchase agreement. The seller is a VAT payer. The seller shall issue the tax document - invoice to the buyer after the payment of the price of the goods and send it in electronic form to the buyer's electronic address.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

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 a purchase agreement for the delivery of:

goods manufactured according to the buyer's requirements or adapted to their personal needs,
goods that are subject to rapid deterioration, or goods with a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature,
goods in sealed packaging that, for reasons of health protection or hygiene, are not suitable for return after the buyer has broken the seal, and
audio or video recordings or computer programs in sealed packaging if the buyer has broken the seal.

Unless it is a case specified in Article 5.1 of these terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right, in accordance with the provisions of Section 1829 (1) and (2) of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days from the day on which the buyer or a third party designated by them, other than the carrier, takes over the goods, or:

the last piece of goods, if the buyer orders multiple pieces of goods within one order that are delivered separately,
the last item or part of a delivery of goods consisting of several items or parts, or
the first delivery of goods, if a regular delivery of goods for an agreed period is agreed in the contract.

Withdrawal from the purchase agreement must be sent to the seller within the period specified in Article 5.2 of these terms and conditions. For withdrawal from the purchase agreement, the buyer may use the sample form provided by the seller, which forms an annex to these terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the address of the seller's business premises or to the seller's electronic mail address .
In case of withdrawal from the purchase agreement, the purchase agreement is cancelled from the beginning. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the seller offered to collect the goods themselves. The deadline according to the previous sentence is met if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary postal means due to their nature.
In the event of withdrawal from the purchase agreement according to Article 5.2 of these terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the buyer's withdrawal from the purchase agreement, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the buyer's return of the goods or in another manner, if the buyer agrees and no further costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the seller receives the goods, or before the buyer proves that they have sent the goods back, whichever occurs first.
The right to compensation for damage incurred on the goods may be unilaterally offset by the seller against the buyer's claim for a refund of the purchase price.
In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, cashless to the account designated by the buyer.
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 agreement, the gift agreement regarding such gift loses its effect and the buyer is obliged to return the provided gift to the seller together with the goods.

Form for withdrawal from the purchase agreement

TRANSPORT AND DELIVERY OF GOODS

In the event that the method 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 method of transport.
If, according to the purchase agreement, the seller is obliged to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner 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 a different method of delivery.
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 is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights arising from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
Further rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

RIGHTS FROM DEFECTIVE PERFORMANCE

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 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
If the subject of purchase is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not fulfill its functions without them (hereinafter referred to as "item with digital properties"), the provisions regarding the seller's liability for defects also apply to the provision of digital content or digital content service, even if provided by a third party. This does not apply if it is evident from the content of the purchase agreement and the nature of the item that they are provided separately.
The seller is liable to the buyer that the item is free of defects upon receipt. In particular, the seller is liable to the buyer that the item:

corresponds to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
is suitable for the purpose for which the buyer requests it and with which the seller has agreed, and
is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

The seller is liable to the buyer that, in addition to the agreed properties:

the item is suitable for the purpose for which an item of this kind is usually used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
the item corresponds in quantity, quality and other properties, including durability, functionality, compatibility and safety, to the usual properties of items of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, especially in advertising or labeling, unless the seller proves that he was not aware of it or that it was amended at the time of concluding the purchase agreement in at least a comparable manner to how it was made, or that it could not have influenced the decision to purchase,
the item is supplied with accessories, including packaging, assembly instructions and other instructions for use, which the buyer can reasonably expect, and
the item corresponds in quality or design to the sample or model that the seller provided to the buyer before concluding the purchase agreement.

The provisions of Article 7.4 of these terms and conditions shall not apply if the seller specifically informed the buyer before concluding the purchase agreement that a certain property of the item differs and the buyer expressly agreed to this when concluding the purchase agreement.
The seller is also responsible to the buyer for defects caused by incorrect assembly or installation carried out by the seller or under their responsibility according to the purchase agreement. This also applies if the assembly or installation was carried out by the buyer and the defect occurred due to a deficiency in the instructions provided by the seller or the provider of digital content or digital content services, if it is an item with digital features.
If a defect appears within one year of acceptance, the item is considered to have been defective at the time of acceptance, unless the nature of the item or defect precludes this. This period does not run for the time during which the buyer cannot use the item, if the buyer legitimately claimed the defect.
If the subject of the purchase is an item with digital characteristics, the seller ensures that the buyer will be provided with the agreed-upon updates of digital content or digital content services. In addition to the agreed-upon updates, the seller ensures that the buyer will be provided with updates that are necessary for the item to retain its properties in accordance with Articles 7.3 and 7.4 of the terms and conditions after acceptance, and that the buyer will be notified of their availability

for a period of two years, if, according to the purchase agreement, the digital content or digital content service is to be provided continuously for a certain period, and if provision for a period longer than two years is agreed upon, then for this entire period,
for the period for which the buyer can reasonably expect, if, according to the purchase agreement, the digital content or digital content service is to be provided once; this will be assessed according to the type and purpose of the item, the nature of the digital content or digital content service, and taking into account the circumstances at the conclusion of the purchase agreement and the nature of the obligation.

The provisions of Article 7.8 of the terms and conditions do not apply if the seller specifically informed the buyer before the conclusion of the purchase agreement that updates would not be provided and the buyer explicitly agreed to this when concluding the purchase agreement.
If the buyer did not perform the update within a reasonable time, they do not have rights arising from a defect that occurred solely due to the unperformed update. This does not apply if the buyer was not notified of the update or the consequences of its non-performance, or did not perform the update or performed it incorrectly due to a deficiency in the instructions. If, according to the purchase agreement, digital content or digital content services are to be provided continuously for a certain period and a defect appears or occurs within the period according to Articles 7.8.1 and 7.8.2 of the terms and conditions, it is presumed that the digital content or digital content services are provided defectively.
The buyer may claim a defect that appears on the item within two years of acceptance. If the subject of the purchase is an item with digital characteristics and if, according to the purchase agreement, digital content or digital content services are to be provided continuously for a certain period, the buyer may claim a defect that occurs or appears on them within two years of acceptance. If performance is to be for a period longer than two years, the buyer has the right to claim a defect that occurs or appears within this period. If the buyer legitimately claimed a defect to the seller, the period for claiming the defect of the item does not run for the period during which the buyer cannot use the item.
If the item has a defect, the buyer may demand its removal. At their option, they may demand the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value the item would have without the defect.
The seller shall remove the defect within a reasonable time after its notification, so as not to cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. To remove the defect, the seller shall take over the item at their own expense. If disassembly of the item is required, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect appeared, the seller shall disassemble the defective item and assemble the repaired or new item or reimburse the costs associated therewith.
The buyer may demand a reasonable discount or withdraw from the purchase agreement if:

the seller refused to remove the defect or did not remove it in accordance with Article 7.13 of the terms and conditions,
the defect appears repeatedly,
the defect is a material breach of the purchase agreement, or
it is evident from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

If the defect of the item is insignificant, the buyer cannot withdraw from the purchase agreement (within the meaning of Article 7.14 of the terms and conditions); it is presumed that the defect of the item is not insignificant. If the buyer withdraws from the purchase agreement, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that they have sent the item.
A defect can be claimed from the seller from whom the item was purchased. However, if another person is designated for repair, who is at the seller's place or at a place closer to the buyer, the buyer will claim the defect from the person designated for repair.
Except in cases where another person is designated for repair, the seller is obliged to accept complaints at any establishment where the acceptance of complaints is possible with regard to the assortment of products sold or services provided, or at their registered office. The seller is obliged to issue the buyer a written confirmation upon lodging a complaint, in which they state the date on which the buyer lodged the complaint, its content, the method of handling the complaint requested by the buyer, and the buyer's contact details for the purpose of providing information on the handling of the complaint. This obligation also applies to other persons designated for repair.
Complaints, including the removal of defects, must be settled and the buyer must be informed thereof no later than thirty (30) days from the date of lodging the complaint, unless the seller and the buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content supplied on a tangible medium, or digital content services, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content services and the purpose for which the buyer requested them.
After the futile expiration of the period according to Article 7.18 of the terms and conditions, the buyer may withdraw from the purchase agreement or demand a reasonable discount.
The seller is obliged to issue the buyer a 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 for repair.
The buyer can specifically exercise rights arising from liability for defects of goods in particular in person at the address Révová 290/13, 100 00 Prague 10, by phone at +420 731 514 374, or by email at martin@ginist.cz.
Anyone who has a right arising from defective performance is also entitled to reimbursement of costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be claimed, the court will not grant the right if the seller objects that the right to compensation was not claimed in time.
Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
The seller or another person may also provide the buyer with a quality guarantee beyond their statutory rights arising from defective performance.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1820 (1) (n) of the Civil Code.
The seller handles consumer complaints via email. Complaints can be sent to the seller's email address. The seller will send information about the resolution of the buyer's complaint to the buyer's email address. No other rules for handling complaints are set by the seller.
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 responsible for out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
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 a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
The buyer may address a complaint to a supervisory or state oversight authority. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade licensing office within its scope of competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority also supervises, to a limited extent, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 (2) of the Civil Code.

PERSONAL DATA PROTECTION

The seller fulfills its information obligation to the buyer in accordance with 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 the "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiating the purchase agreement, and for the purposes of fulfilling the seller's public law obligations, through a special document.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

The buyer agrees, in accordance with the provisions of Section 7 (2) of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation to the buyer in accordance with Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purposes of sending commercial communications through a special document.
The seller fulfills its statutory obligations related to the possible storage of cookies on the buyer's device through a special document.

DELIVERY

The buyer may be served at the buyer's email address.

FINAL PROVISIONS

If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law according to the preceding sentence does not deprive the buyer, who is a consumer, of the protection provided to him 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 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).
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provisions will be replaced by provisions 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.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
An appendix to the terms and conditions is a sample form for withdrawing from the purchase agreement.
Seller's contact details: Révová 290/13, 100 00 Prague 10, email address martin@ginist.cz, telephone +420 731 514 374. The seller does not provide any other means of online communication.

In Prague on 01.02.2023

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