Terms and Conditions

I. Basic Provisions
1. These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

PROFIKO s.r.o.
ID: 07875151
VAT ID: CZ07875151

registered office: Korunní 1208/74, Vinohrady, 101 00 Prague 10
contact details:
email info@vanocni-santa.cz
www.vanocni-santa.cz
(hereinafter referred to as the “seller”)

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “buyer”) through the web interface located on the website available at vanocni-santa.cz (hereinafter referred to as the “online store”).
3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices
1. Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the catalog of the online store. The prices of goods include all related fees and costs for returning the goods if such goods cannot be returned by ordinary mail due to their nature. The prices of goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of purchase contracts under individually agreed conditions.
2. All goods presentation in the online store catalog is informative in nature, and the seller is not obliged to conclude a purchase contract regarding these goods.
3. The online store provides information about the costs associated with packaging and delivering the goods.
4. Any discounts from the purchase price of goods cannot be combined unless the seller and the buyer agree otherwise.

III. Order and Conclusion of Purchase Contract
1. Costs incurred by the buyer using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are borne by the buyer themselves. These costs do not differ from the basic rate.
2. The buyer orders goods by:
- through their customer account if they have previously registered in the online store,
- filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the quantity of the goods, the method of payment, and delivery.
4. Before sending the order, the buyer is allowed to check and change the details they have entered in the order. The order is sent by the buyer to the seller by clicking the "Submit Order" button. The data provided in the order is considered correct by the seller. The validity of the order is conditioned by the completion of all mandatory information in the order form and the buyer's confirmation that they have read these terms and conditions.
5. Promptly after receiving the order, the seller will confirm receipt of the order to the buyer by email to the email address provided by the buyer in the order. This confirmation is considered the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.
6. In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the buyer will be sent a modified offer to their email address. The modified offer is considered a new draft purchase contract, and the purchase contract is concluded in such a case by the buyer confirming acceptance of this offer to the seller's email address provided in these terms and conditions.
7. All orders received by the seller are binding. The buyer may cancel an order until the buyer receives a notice of acceptance of the order from the seller. The buyer may cancel the order by phone or email to the seller's contact details provided in these terms and conditions.
8. In the event of a manifest technical error on the part of the seller regarding the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price. The seller shall inform the buyer of the error without undue delay and send the buyer a modified offer to the buyer's email address. The modified offer is considered a new draft purchase contract, and the purchase contract is concluded in such a case by the buyer confirming acceptance of the offer to the seller's email address.

IV. Customer Account
1. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders for goods without registration.
2. During registration and when ordering goods, the buyer is obliged to provide correct and truthful information. The information entered in the user account must be updated by the buyer if it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow the use of the customer account by third parties.
5. The seller may cancel a user account, especially if the buyer has not used their user account for a long time, or if the buyer breaches their obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the customer account may not be available continuously, particularly with respect to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third-party hardware and software.

V. Payment Terms and Delivery of Goods
1. The price of goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer in the following ways:
- cashless by transfer to the seller's bank account No. 2401586267 / 2010, held at "Fio" bank
- cashless by payment card
- cash on delivery upon handover of the goods,
- in cash upon personal collection at a Zásilkovna pickup point
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 costs associated with the delivery of goods.
3. In the case of payment in cash, 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 concluding the purchase contract.
4. 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 bank account.
5. The seller does not require any advance payment or other similar payments from the buyer in advance. The payment of the purchase price before dispatching the goods is not a deposit.
6. According to the Sales Registration Act, 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 case of technical outage, then within 48 hours
7. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- through a parcel delivery service to the pickup point specified by the buyer,
- by personal collection at the seller's premises
8. The choice of delivery method is made during the ordering process.
9. Delivery costs depend on the method of sending and receiving the goods and are specified in the buyer's order and in the seller's order confirmation. If the delivery method is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this delivery method.
10. If the seller is obliged under the purchase contract to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the goods need to be delivered repeatedly or by a different method than specified in the order due to reasons on the buyer's side, the buyer is obliged to cover the costs associated with repeated delivery or different delivery method.
11. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and, in the event of any defects, report these immediately to the carrier. If the packaging shows signs of unauthorized entry, the buyer may refuse the shipment.
12. The seller will issue a tax document – an invoice – to the buyer. The tax document is sent to the buyer's email address.
13. The buyer acquires ownership of the goods upon full payment of the purchase price for the goods, including delivery costs, but no sooner than upon taking delivery of the goods. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking delivery or at the moment they were obliged to take delivery under the purchase contract but did not do so contrary to the contract.

VI. Withdrawal from the Contract
1. A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period from the contract is 14 days:
- from the date of taking delivery of the goods,
- from the date of taking delivery of the last portion of goods if the contract involves several types of goods or the supply of several parts
- from the date of taking delivery of the first delivery of goods if the contract involves regular repeated delivery of goods.
3. The buyer cannot, among other things, withdraw from the purchase contract:
- for the provision of services if they were fulfilled with the buyer's prior express consent before the withdrawal period expired, and the seller informed the buyer before concluding the contract that in such cases they have no right to withdraw from the contract,
- for the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller's control and which may occur during the withdrawal period,
- for the supply of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the seller's control,
- for the supply of goods that have been customized according to the buyer's wishes or for their person,
- for the supply of goods that are subject to rapid decay, as well as goods that were irreversibly mixed with other goods after delivery,
- for the supply of goods in sealed packaging that the buyer has removed from the packaging and for hygienic reasons cannot be returned,
- for the supply of audio or video recordings or computer software if the buyer has broken their seal,
- for the supply of newspapers, periodicals, or magazines,
- for the supply of digital content if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the withdrawal period expired and the seller informed the buyer before concluding the contract that in such cases they have no right to withdraw from the contract,
- in other cases specified in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. The buyer may use the withdrawal form provided by the seller to withdraw from the purchase contract. The form must be printed, signed, and sent scanned to the email address info@vanocni-santa.cz or included in the returned goods package. Return address: PROFIKO s.r.o. – Petr Staněk, Pod Stolovou horou 975/1, 158 00 Prague. The seller will promptly confirm receipt of the form to the buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the date of withdrawal. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by ordinary mail due to their nature.
7. If the buyer withdraws from the contract, the seller will return all received payments, including delivery costs, to the buyer without delay, no later than 14 days from the withdrawal, in the same manner. The seller will return the received monetary funds to the buyer in a different way only if the buyer agrees and if no additional costs are incurred.
8. If the buyer has chosen a delivery method other than the cheapest option offered by the seller, the seller will return the delivery costs corresponding to the cheapest offered delivery method to the buyer.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received payments to the buyer before the buyer has returned the goods or demonstrated that they have sent the goods to the seller.
10. The buyer must return the goods to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to offset against the buyer's claim for refunding the purchase price any damages incurred on the goods.
11. The seller is entitled to withdraw from the purchase contract due to sold-out goods, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has stopped producing or delivering the goods. The seller will promptly inform the buyer via the email address specified in the order and return all payments received under the contract, including delivery costs, within 14 days of the notification of withdrawal, in the same manner.

VII. Rights from Defective Performance
1. The seller is responsible to the buyer that the goods are free from defects upon delivery. In particular, the seller is responsible to the buyer that, at the time the buyer took delivery of the goods:
- the goods have the properties agreed upon by the parties, and if there is no such agreement, the goods have the properties described by the seller or the manufacturer or expected by the buyer with respect to the nature of the goods and based on advertising,
- the goods are fit for the purpose indicated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
- the goods are of the appropriate quantity, measure, or weight, and
- the goods comply with legal requirements.
2. If a defect appears within six months of taking delivery of the goods, it is considered that the goods were defective at the time of taking delivery. The buyer is entitled to exercise the right from a defect that appears on consumer goods within twenty-four months of taking delivery. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the level of use or wear that the goods had at the time the buyer took delivery, or if it results from the nature of the goods.
3. In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of the goods,
- an appropriate discount from the purchase price,
- withdrawal from the contract.
4. The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if they cannot use the goods properly due to repeated occurrence of a defect or defects after repair,
- if a larger number of defects on the goods.
5. The seller is obliged to accept a complaint at any business premises where the acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating the date the buyer exercised the right, the content of the complaint, and the method of handling the complaint requested by the buyer, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint.
6. The seller or a designated employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include a reasonable time, depending on the type of product or service, required for professional assessment of the defect. Complaints, including defect correction, must be handled without undue delay, no later than 30 days from the date the complaint was made, unless the seller and the buyer agree on a longer period. The expiration of this period is considered a substantial breach of the contract, and the buyer has the right to withdraw from the purchase contract. For the purposes of applying the complaint, the moment the seller receives the buyer's will to exercise the right from defective performance is considered.
7. The seller shall inform the buyer in writing about the outcome of the complaint.
8. The buyer is not entitled to rights from defective performance if the buyer knew before taking delivery that the goods had a defect, or if the buyer caused the defect.
9. In the case of a justified complaint, the buyer is entitled to reimbursement of reasonable expenses incurred in connection with the exercise of the complaint. The buyer may exercise this right with the seller within one month after the warranty period has expired.
10. The choice of the complaint method belongs to the buyer.
11. The rights and obligations of the contractual parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

VIII. Communication
1. The contractual parties may deliver all written correspondence to each other via electronic mail.
2. The buyer shall deliver correspondence to the seller's email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer's email address specified in the buyer's customer account or in the order.

IX. Out-of-court Settlement of Disputes
1. 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 the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase contract.
2. 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 under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
3. The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined range among other functions.

X. Final Provisions
1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If a relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights resulting from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
3. All rights to the seller's website, particularly copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or any part of it without the seller's consent.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could negatively affect its operation, nor must they perform any activity that could allow them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the online store and use the online store or parts thereof in a way that is contrary to its designation or purpose.
5. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the effective period of the previous wording of the terms and conditions.
8. The appendix to the terms and conditions includes a sample form for withdrawal from the contract.

These terms and conditions come into effect on November 5, 2019.