General Terms and Conditions

III. CONTRACT CONCLUSION

1. The contract with Us can only be concluded in the Czech language.
2. The contract is concluded remotely through the E-shop, with the costs of using remote communication means being borne by you. However, these costs do not differ from the basic rates you pay for using these means (especially for internet access), so no additional costs charged by Us beyond the Total price should be expected. By submitting the Order, you agree to the use of remote communication means.
3. To conclude the contract, you must create a draft Order on the E-shop. This draft must include the following information: a) Information about the Goods you wish to purchase (you designate the Goods you wish to purchase on the E-shop by clicking the "Add to Cart" button); b) Information about the Price, Shipping cost, payment method for the Total price, and the desired method of Goods delivery; this information will be entered within the draft Order creation in the E-shop user interface, with information about the Price, Shipping cost, and Total price being automatically generated based on the selected Goods and delivery method; c) Your identification and contact information required for us to deliver the Goods, including your name, surname, delivery address, phone number, and email address; d) In the case of a contract under which we will regularly and repeatedly deliver Goods to you, information about how long we will be delivering the Goods to you.
4. During the creation of the draft Order, you may modify and review the data until its completion. By pressing the "Order Obligatory to Pay" button, you will create the Order. However, before pressing the button, you must confirm your familiarity with and consent to these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. After pressing the "Order Obligatory to Pay" button, all entered information will be sent directly to Us.
5. We will confirm your Order as soon as possible after receiving it by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. By Our confirmation of the Order, a contract is concluded between Us and You. The Terms effective on the day of the Order form an integral part of the Contract.
6. There may be cases where We cannot confirm your Order. This especially applies to situations where the Goods are not available, or you order a greater quantity of Goods than We allow. However, information about the maximum number of Goods will always be provided to you in advance within the E-shop, so it should not be surprising. If there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude a contract in a modified form compared to the Order. The contract is concluded in such a case when you confirm Our offer.
7. In the event that an obviously incorrect Price is stated within the E-shop or in the Order draft, we are not obliged to deliver the Goods to you at this Price, even if you have received an Order confirmation, and thus the Contract has been concluded. In such a situation, we will promptly contact you and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is concluded in such a case when you confirm Our offer. Failure to confirm Our offer within 3 days from its dispatch gives Us the right to withdraw from the concluded Contract. An obvious error in the Price is, for example, when the Price does not correspond to the usual price from other sellers or when a digit is missing or extra.
8. Upon the conclusion of the Contract, you incur an obligation to pay the Total price.
9. If you have created a User account, you can place an Order through it. In such a case, you are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating an Order is identical to that of a buyer without a User account, with the advantage that you do not need to repeatedly enter your identification data.

IV. USER ACCOUNT

1. Based on your registration within the E-shop, you can access your User account.
2. When registering a User account, it is your obligation to provide all entered data correctly and truthfully, and update it in case of changes.
3. Access to the User account is secured by a username and password. Regarding these access credentials, it is your responsibility to maintain confidentiality and not provide these details to anyone. If they are misused, we assume no responsibility.
4. The User account is personal, and you are not authorized to allow its use to third parties.
5. We may terminate your User account, especially if it has not been used for more than one year or if you violate your obligations under the Contract.
6. The User account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

 

V. PRICING AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP

1. The Price is always stated within the E-shop, in the Order draft, and, of course, in the Contract. In case of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order draft, the Price stated in the Order draft, which will always be identical to the price in the Contract, shall prevail. The draft Order also includes the Shipping cost or conditions for free shipping.
2. The Total price is stated, including VAT and all legally prescribed fees.
3. Payment of the Total price will be requested from you after the conclusion of the Contract and before the delivery of the Goods. You can make the payment of the Total price by the following methods: a) Bank transfer. We will provide you with payment information within the Order confirmation. In the case of payment by bank transfer, the Total price is due within one week. b) Online card payment. In this case, the payment is processed through the Shoptet pay payment gateway, and the payment is subject to the terms of this payment gateway, available at https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. In the case of online card payment, the Total price is due within one business day. c) Cash on personal pickup. You can pay for the Goods in cash when picking them up at our store. In the case of cash payment on personal pickup, the Total price is due upon receiving the Goods.
4. An invoice will be issued electronically after the Total price has been paid and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User account.
5. Ownership of the Goods passes to you only after you have paid the Total price and taken possession of the Goods. In the case of payment by bank transfer, the Total price is considered paid upon crediting it to our account, and in other cases, it is considered paid at the time of payment.

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO ITEMS

Goods will be delivered to you in the manner of your choice, and you can choose from the following options: Personal pickup at Zásilkovna collection points;

1. Delivery via Zásilkovna transport companies;
2. Goods can only be delivered within selected European Union countries.
3. The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be provided to you in the Order confirmation. The time indicated on the E-shop is only approximate and may differ from the actual delivery time. In the case of personal pickup at the branch, you will always be informed via email about the pickup options.
4. Upon receiving the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging, and in case of any defects, to promptly notify both the carrier and us. In the event of a defect in the packaging indicating unauthorized handling and entry into the shipment, it is not your obligation to accept the Goods from the carrier.
5. If you fail to fulfill your obligation to accept the Goods, except in cases according to Article VI.4. of these Terms, it does not result in a breach of our obligation to deliver the Goods to you. However, if you do not accept the Goods in such a case, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal becomes effective on the day we notify you of such withdrawal. The withdrawal from the Contract does not affect the right to payment of the delivery fee or the right to compensation for any damage incurred if applicable.
6. If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than agreed upon in the Contract, it is your obligation to reimburse us for the expenses associated with such repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due within 14 days from the email delivery date.
7. The risk of damage to the Goods passes onto you at the moment you take possession of it. In the event that you do not take possession of the Goods, except in cases according to Article VI.4 of these Terms, the risk of damage to the Goods passes onto you at the moment when you had the opportunity to take possession of it but did not do so for reasons attributable to you. The transfer of the risk of damage to the Goods to you means that from this moment, you bear all the consequences associated with the loss, destruction, damage, or any devaluation of the Goods.
8. In case the Goods are not listed as in-stock on the E-shop, and an approximate availability time was provided, we will always inform you in the case of: a) an extraordinary production outage of the Goods, in which case we will always provide you with a new estimated availability time or information that it will not be possible to deliver the Goods; b)a delay in the delivery of the Goods from our supplier, in which case we will always provide you with a new estimated delivery time.
9. If we are unable to deliver the Goods to you within 30 days from the delivery time stated in the Order confirmation for any reason, both you and we have the right to withdraw from the Contract.

 

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the transfer of the risk of damage to the Goods under Article VI.7 of these Terms and Conditions, the Goods are free from defects, in particular that:
2. it has the properties that we have agreed with you, and if the properties were not expressly agreed, then such properties that we have described in the description of the Goods, or that you can expect with regard to the nature of the Goods;
3. it is suitable for the purpose we have stated or for the purpose for which Goods of this kind are usually used;
4. it corresponds to the agreed quality or design of the agreed sample, if the quality or design was determined according to the sample;
5. it is in the appropriate quantity and weight;
6. it meets the requirements imposed by legal regulations;
7. it is not encumbered with the rights of third parties.
8. Rights and obligations regarding rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular, 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).
9. In the event that the Goods have a defect, especially if any of the conditions under Article VII.1 are not met, you can notify us of such a defect and assert rights arising from defective performance (i.e. claim the Goods) by sending an email or letter to our addresses specified in our identification details. For the complaint, you can also use the sample form provided by us, which constitutes Annex No. 1 to these Terms and Conditions. To exercise the right arising from defective performance, you must choose how you want to resolve the defect, and this choice cannot be changed subsequently, except in cases under Article 7.4. We will handle your complaint in accordance with your right arising from defective performance that you have exercised. If you do not choose how to resolve the defect, you have the rights set out in Article 7.5, even in situations where defective performance was a material breach of the Contract.
10. If defective performance is a material breach of the Contract, you have the following rights: a) to the removal of the defect by delivering new defect-free Goods or delivering the missing part of the Goods; b) to the removal of the defect by repairing the Goods; c) to a reasonable discount on the Price; d) to withdraw from the Contract.
11. If you choose to resolve the defect under points a) or b), and we do not remove the defect in a reasonable time that we have stated or we inform you that the defect will not be removed in this way at all, you have the rights under points c) and d), even if you did not request them originally in the complaint. At the same time, if you choose to remove the defect by repairing the Goods, and we find that the defect cannot be repaired, we will notify you, and you can choose another way to remove the defect.
12. If defective performance is not a material breach of the Contract, you have the following rights: a) to the removal of the defect by delivering new defect-free Goods or delivering the missing part of the Goods; b) to the removal of the defect by repairing the Goods; c) to a reasonable discount on the Price.
13. However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw from the Contract if you cannot properly use the Goods due to the repeated occurrence of defects after the repair of the Goods or due to a larger number of defects in the Goods. 
14. In the case of a material and non-material breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases: a) if the condition of the Goods has changed due to an inspection to determine the defect; b) if the Goods have been used before the defect was discovered; c) if the inability to return the Goods in the unchanged condition was caused by your actions or neglect; d) if, before the defect was discovered, you sold, consumed, or altered the Goods in the usual way of using them; however, if this occurred only partially, it is your obligation to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from using the part of the Goods. 
15. Within 3 days of receiving the complaint, we will confirm to you by email that we have received the complaint, when we received it, and the expected duration of the complaint handling. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline may be extended by mutual agreement. If the deadline expires in vain, you can withdraw from the Contract. 
16. We will inform you by email about the handling of the complaint. If the complaint is justified, you are entitled to reimbursement of purposefully incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the transportation costs. If the defect is removed by delivering new defect-free Goods, it is your responsibility to return the original Goods to us, but we will bear the costs of returning them.
17. If you are a business entity, it is your obligation to report and object to a defect without undue delay after you could have detected it, but no later than three days from the acceptance of the Goods.
18. If you are a consumer, you have the right to assert rights arising from defective performance for defects that occur in consumer Goods within 24 months from the acceptance of the Goods.
19. The provisions regarding the right arising from defects do not apply to: a) Goods sold at a lower Price for a defect for which the lower Price was agreed; b) wear and tear of the Goods caused by their normal use; c) used Goods for a defect corresponding to the extent of use or wear and tear that the Goods had when you received them; d) if it results from the nature of the Goods.

VIII. A - WITHDRAWAL FROM THE AGREEMENT

1. Termination of the contractual relationship between Us and You from the outset may occur for the reasons and in the ways specified in this article, or in other provisions of the Terms and Conditions where the possibility of withdrawal is expressly stated.

2. If you are a consumer, meaning a person purchasing Goods outside the scope of your business activities, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Agreement without specifying any reason within 14 days from the date of the Goods' delivery. In cases where We have concluded an Agreement covering several types of Goods or delivery of several parts of the Goods, this period commences upon the delivery of the last part of the Goods. If We have concluded an Agreement to deliver Goods regularly and repeatedly, this period starts running from the date of delivery of the first shipment. You may withdraw from the Agreement in any demonstrable manner (especially by sending an email or letter to Our addresses provided in Our identification details). You can also use the sample withdrawal form provided by Us, which constitutes Annex No. 2 to the Terms and Conditions. To exercise the right of withdrawal, you must notify Us of your decision to withdraw.

3. Even as a consumer, you cannot withdraw from the Agreement if the subject of the Agreement is: (a) Goods whose price depends on fluctuations in the financial market beyond Our control and which may occur within the withdrawal period; (b) the supply of alcoholic beverages which can only be delivered after thirty days and whose price depends on market fluctuations beyond Our control; (c) Goods that have been adjusted to your requirements or are personalized for you; (d) perishable Goods or Goods that, after delivery, have been irreversibly mixed with other items; (e) sealed Goods that you have removed from their packaging, and for reasons of hygiene, cannot be returned; (f) the delivery of sound or visual recordings or computer programs if you have violated the original packaging; (g) the delivery of newspapers, periodicals, or magazines; (h) the delivery of digital content if it was not delivered on a tangible medium and was delivered with your express consent before the expiration of the withdrawal period, and We have informed you that you do not have the right to withdraw from the Agreement.

4. The period for withdrawal under Article VIII.2 of these Terms and Conditions shall be deemed observed if you send Us notice of withdrawal within that period.

5. In case of withdrawal from the Agreement, We will refund the Price within 14 days from the date of effectiveness of withdrawal, to the account from which it was credited, or to the account chosen for withdrawal. However, the amount will not be refunded before you return the Goods or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible, including the original packaging.

6. In the case of withdrawal from the Agreement under Article VIII.2 of these Terms and Conditions, you are obliged to return the Goods within 14 days from withdrawal and bear the costs associated with the return of the Goods to Us. On the other hand, you are entitled to the return of the delivery cost. However, only up to the amount corresponding to the cheapest method of delivering the Goods offered by Us at the time of the delivery of the Goods. In case We breach the Agreement, We will also cover the costs associated with the return of the Goods to Us, up to the amount of the delivery cost corresponding to the cheapest method of delivering the Goods offered by Us at the time of delivery.

7. You shall be liable for any damage resulting from handling the Goods other than what is necessary to establish their nature and characteristics. We will settle the damage after the Goods are returned to Us, and the maturity of the amount is 14 days. If We have not yet refunded the Price, We are entitled to set off the claim for expenses against your claim for the refund of the Price.

8. We are entitled to withdraw from the Agreement at any time before delivering the Goods if there are objective reasons why it is not possible to deliver the Goods (especially due to reasons on the part of third parties or reasons arising from the nature of the Goods), even before the time stated in Article VI.9 of these Terms and Conditions. We may also withdraw from the Agreement if it is clear that you have intentionally provided incorrect information in the Order. If you purchase Goods in the course of your business activities, as a business entity, We are entitled to withdraw from the Agreement at any time, even without stating a reason.

VIII. B – TERMS FOR PROVIDING SERVICES - WORKSHOPS

1. The "workshop ticket" service is a virtual product that is not subject to physical delivery to the customer's address. It represents a binding reservation for a workshop session. You will be notified of the reservation confirmation via email. To participate in the selected workshop session, it is only necessary to pay the full amount and receive a reservation confirmation.
2. The service will be provided upon the complete payment of the agreed amount to the provider's account. If the amount is not paid, participation in the workshop will not be possible.
3. The minimum number of participants for the upcycling workshop is 5 people. The minimum number of participants for the manual sanding workshop is 3 people. If the minimum number is not met, the organizer may decide to reschedule the session after agreement with the customers.
4. Cancellation conditions can be applied at least 10 days before the scheduled services. In such a case, customers will be offered a refund or an alternative workshop session.
5. If a customer is unable to attend the scheduled session for serious reasons and informs the provider less than 10 days before the event, an alternative workshop session will be proposed, but not a refund.
6. If a customer does not attend the event and does not contact us, they are not entitled to a refund of the amount paid or participation in another alternative session.

 

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct towards buyers within the meaning of Section 1826(1)(e) of the Civil Code.
2. We handle consumer complaints through the email address info@srna.cz. Information about the resolution of the complaint will be sent to the buyer's email address.
3. The competent authority for out-of-court resolution of consumer disputes arising from the Agreement is the Czech Trade Inspection, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr and can be used to resolve disputes between the seller and a buyer who is a consumer, arising from an electronic sales contract.
4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point in accordance with 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).

 

X. FINAL PROVISIONS

1. If Our legal relationship contains an international element (e.g., We will deliver goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under legal regulations are not affected by this provision.
2. All written correspondence will be delivered to you by electronic mail. Our email address is provided in Our identification details. We will deliver correspondence to the email address specified in the Contract, in the User Account, or through which you have contacted us.
3. The Contract can only be changed by Our written agreement. However, We are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, only Contracts concluded after the effectiveness of this change. We will inform you about the change only if you have created a User Account (so you have this information when ordering new Goods), but the change does not constitute the right of termination, as We do not have a Contract that can be terminated; We only have Contracts to deliver Goods regularly and repeatedly. We will send you information about the change to your email address at least 14 days before the change takes effect. If you do not receive notice of termination from you within 14 days of sending information about the change, the new conditions become part of Our Contract and apply to the next delivery of Goods following the change. The notice period in case you terminate is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, sub-supplier failures, etc.), We are not liable for damage caused as a result or in connection with force majeure. If the force majeure situation lasts for more than 10 days, both We and You have the right to terminate the Contract.
5. Enclosed with the Terms and Conditions are sample forms for complaints and withdrawal from the Contract.
6. The Contract, including the Terms and Conditions, is archived in electronic form by Us but is not accessible to you. However, you will always receive these Terms and Conditions and an order summary by email, so you will always have access to the Contract even without Our cooperation. We recommend saving the order confirmation and the Terms and Conditions.
7. These Terms and Conditions come into effect on August 1, 2023.

 

ANNEX 1 - COMPLAINT FORM

Recipient:

Claiming a Complaint

Date of Contract Conclusion:

Name and Surname:

Address:

Email Address:

Goods Subject to Complaint:

Description of Goods Defect:

Proposed Method for Resolving the Complaint, or Providing the Bank Account Number for Providing a Discount:

I also request the issuance of a confirmation of the complaint, stating when I asserted this right, the content of the complaint, along with my claim, including the date and method of complaint resolution.

 

Date:

Signature:

 

ANNEX 2 - CONTRACT WITHDRAWAL FORM

Recipient:

I hereby declare that I am withdrawing from the Contract:

Date of Contract Conclusion:

Name and Surname:

Address:

Email Address:

Specification of the Goods to which the Contract pertains:

Method for Returning Received Financial Funds, or Providing the Bank Account Number:

 

If the buyer is a consumer and has ordered goods via the e-shop of Dominik Scala (the "Company") or another means of distance communication, except as provided in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, the consumer has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without stating a reason and without any penalty. The consumer shall notify the Company of this withdrawal in writing to the address of the Company's establishment or electronically to the email address provided in the sample form.

 

If the consumer, who is a consumer, withdraws from the purchase contract, he/she shall send or hand over the goods received without undue delay, no later than 14 days from the withdrawal from the purchase contract, to the Company.

 

If the consumer, who is a consumer, withdraws from the purchase contract, the Company shall return to him/her, without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds received (the purchase price of the delivered goods), including the delivery costs that the Company has received from the consumer on the basis of the purchase contract, in the same manner. If the consumer has chosen a method of delivering the goods other than the cheapest method offered by the Company, the Company shall only refund the cost of delivering the goods to the consumer in the amount corresponding to the cheapest method of delivering the goods offered. The Company shall not be obliged to refund the funds received to the consumer until the consumer has handed over the goods to the Company or proven that he/she has sent the goods to the Company.

 

Date:

Signature: