Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company Jakub Říha, with its registered office at Černého 67, Liberec, 46312, Czech Republic, identification number: 22533826, registered in the Trade Register kept in Liberec, (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person or legal entity (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.jakehogaraz.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.3 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2.USERACCOUNT
2.1 Based on the Buyer's registration made on the Website, the Buyer may access its user interface. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer may also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in the event of any changes to it, at the latest before making a purchase. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.3 Access to the user account is secured by a username and password or access via external Google or Facebook login services. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Seller may terminate the User Account at any time at its sole discretion in the event that the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions) or when the Seller deems it appropriate or necessary.
2.5 The Buyer acknowledges that the User Account may not be available at all times, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to enter into a purchase contract in respect of these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The prices of the goods are inclusive of all related fees. The Seller is not subject to VAT. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods, in all countries to which we deliver the goods.
3.4 In order to order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
- 4.1 the goods to be ordered (the goods to be ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
- 4.2 the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
- 4.3 information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address specified in the order.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
- 1.1 by wire transfer to the Seller's account with FIO bank (hereinafter referred to as the "Seller's account"), If you pay by bank transfer, please pay the purchase price together with the correct variable symbol of the payment, which is the order number. If you do not enter this variable symbol, it may happen that the payment of the purchase price is not paired with the purchase contract and the goods will not be sent to you on time;
- 1.2 cashless payment by credit card. Online payments are handled for us by Comgate payment gateway. The service provider, Comgate a.s. is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. For more information and contacts, please visit www.comgate.cz.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller may require a deposit from the Buyer in the event that the Buyer orders a quantity of products larger than usual or for an amount exceeding CZK 10,000. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of non-cash payment by bank transfer, the purchase price is payable within 7 days from the conclusion of the purchase contract.
4.5 The Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. The Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.6 The Seller and the Buyer agree to pay the full purchase price before the goods are dispatched to the Buyer.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 The Seller shall issue an invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller shall issue an invoice to the Buyer after payment of the price of the Goods and send it in electronic form to the Buyer's electronic address.
4.9 According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 A buyer who is a consumer, i.e. a person who enters into a contract outside the scope of his trade or similar gainful activity, has the right to withdraw from the contract within 14 days of delivery of the goods, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of delivery of the goods. This article of the terms and conditions applies only to consumers. However, the consumer buyer does not have the right to withdraw from the contract under this article in certain cases. In particular, the Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person.
5.2 Withdrawal must be made within 14 days of delivery of the goods. To withdraw from the contract of sale, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address info@jakehogaraz.cz. The Buyer may also withdraw from the contract in any other sufficiently clear manner addressed to the Seller.
5.3 In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
5.4 In the event of cancellation, the Seller shall return the funds received from the Buyer, including the shipping costs paid by the Buyer for shipping the goods from the Seller to the Buyer, within fourteen (14) days of the Buyer's cancellation of the Purchase Contract, by electronic transfer to the Buyer's account. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer until the Buyer has returned the Goods to the Seller or provided proof that the Seller has shipped the Goods to the Buyer. The seller shall only refund the lowest possible shipping costs offered by the seller.
5.5 In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price including shipping and handling costs to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer or to the account from which the funds were received. The Seller shall send the notice of withdrawal to the Buyer at the Buyer's electronic address.
5.7 If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall take delivery of the Goods on delivery.
6.2 If, for reasons on the Buyer's side, the goods have to be delivered repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. In this case, the Buyer shall pay these costs within 14 days of the notice to the Seller to the account specified in the notice.
6.3 On receipt of the goods from the carrier, the Seller shall ask the Buyer to check the integrity of the packaging of the goods and to notify the carrier immediately in the event of any defects. If the Buyer finds a breach of the packaging indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.4 The Buyer accepts that the goods are only produced as a final product when ordered by the Buyer. The delivery time of the goods is indicated in the product card and is approximate. The delivery time of the goods may be extended in the event of unexpected events or lack of capacity of the components required for the production of the goods on the part of the Seller or the Seller's suppliers, of which the Seller shall always inform the Buyer, and if the Buyer is not interested in the late delivery of the goods, the Buyer may withdraw from the contract.
6.5 The Seller may split the order and deliver the ordered goods on a product-by-product basis. In such case, the Seller undertakes to bear the costs associated with the repeated delivery, unless otherwise specified in the goods.
6.6 The Seller may delay the delivery of the goods in the event of a "force majeure" (e.g. natural disasters, death, war, alien attack, accidents, cyber-attacks or illness, etc.). In the event of force majeure, the Seller shall not be liable for damages caused by or in connection with the force majeure event, and if the force majeure condition lasts for more than 10 days, the Seller shall be entitled to withdraw from the Purchase Contract.
6.8 The Seller reserves the right to withdraw from the Purchase Contract in the event that the ordered goods are not in stock or are not stocked within 30 days of the conclusion of the Purchase Contract. This delivery period does not apply to goods for which a longer delivery period is expressly indicated on this web shop interface.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
- 11 the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of advertising by the seller,
- 1.2 the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- 1.3 the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- 1.4 the goods are in the appropriate quantity, measure or weight; and
- 1.5 the goods comply with the requirements of the legislation.
7.2 If the buyer is a consumer, we shall be liable for defects arising after receipt of the goods within the 24 month warranty period, unless otherwise stated.
7.3 The provisions set out in clause 7.1 of the terms and conditions do not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear the goods had when the buyer took them over, or if this is apparent from the nature of the goods.
7.4 The Buyer shall assert the rights arising from defective performance at the Seller's place of business.
7.5 The Buyer shall send the Goods which, in the Buyer's opinion, contain a defect together with the claim form to the Seller's address. Please note that for technical reasons we cannot accept goods claimed by cash on delivery.
7.6 The form or cover letter for the claim must contain the following:
- 6.1 the buyer's contact details, a description of the defect and a request for how the claim will be handled;
- 6.2 proof of purchase of the goods (preferably by enclosing a proof of purchase).
7.7 The goods should be packed in suitable packaging to prevent damage during transport and must be clean and complete. Otherwise, the Seller is not obliged to deal with the claim and will send the goods back to the Buyer at the Buyer's expense.
7.8 If the Buyer is a consumer, when submitting a claim, the Buyer shall receive a written confirmation via e-mail - a claim report, which serves as a document in the settlement of the claim. The complaint report contains information on when the complaint was filed, what is its content, what method of settlement the buyer requires.
7.9 If the buyer is a consumer and the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. Otherwise, the buyer is entitled to exercise the right of a defect that occurs in consumer goods within twenty-four months of receipt.
7.10 If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions, the provisions on the guarantee of quality shall apply if the buyer is a consumer. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.
7.11 If the buyer has rightfully complained about a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
7.12 The warranty and the claim for liability for defects do not apply to:
- 12.1 wear and tear of the goods through normal use;
- 12.2 used goods, where the defect corresponds to the degree of wear and tear;
- 12.3 defects which the buyer knew about or which he himself caused, e.g. if he tore part of the garment.
7.13 Within the warranty period, the buyer may make a claim and, at his option, claim for a defect which constitutes a material breach of contract (whether or not the defect is remediable or irremediable):
- 13.1 remedy the defect by supplying a new item without defect or by supplying the missing item;
- 13.2 remedying the defect by repair free of charge;
- 13.3 a reasonable discount on the purchase price; or
- 13.4 a refund of the purchase price on the basis of withdrawal from the contract.
7.14 A material breach of contract is one which the breaching party knew or ought to have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.
7.15 In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.
7.16 If a repairable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, to replace the goods or to withdraw from the contract.
7.17 The rights of liability for defects in the goods shall be exercised with the seller.
7.18 When making a claim, the buyer is obliged to tell the seller which right he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
7.19 If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.
7.20 If the Seller proves that the Buyer knew of the defect in the goods before acceptance or caused it himself, the Seller is not obliged to satisfy the Buyer's claim.
7.21 An obstacle caused by force majeure shall not be considered a defect in performance.
7.22 If the Buyer is a consumer, the Seller shall immediately, or at the latest within three working days in more complex cases, decide on the Buyer's claim or that a professional assessment is required to make a decision. The Seller shall also inform the Buyer of the need for a professional assessment within this period.
7.23 If the Buyer is a consumer, the Seller shall settle the claim, including the removal of the defect, without undue delay, at the latest within 30 days of the claim, unless a longer period is agreed in writing. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract. The Seller shall send the Buyer an electronic confirmation of the date and method of settlement of the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim. The warranty period shall be extended by the time from the time the claim is made until the claim is settled or until the time the Buyer is obliged to collect the goods.
7.24 If the Buyer is a business, the Seller shall decide on the Buyer's claim, or that a professional assessment is required to make a decision, as soon as possible. It will assess your claim within a reasonable time and send the Buyer written confirmation of the date and method of the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
7.25 As a consumer, you are entitled to be reimbursed for the costs reasonably incurred in making a claim, such costs being understood to be the lowest possible. You must apply for reimbursement of these costs without undue delay, but no later than one month after the end of the period for exercising your rights under the defective performance, otherwise you may not be awarded them. As an entrepreneur, you do not have this right. Further rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 If the Buyer is a consumer, the Buyer has the right to out-of-court settlement of consumer disputes under the Consumer Protection Act. For this you can contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,web: adr.coi.cz). If the dispute cannot be resolved directly with the retailer, a resolution will be initiated only at the consumer's request. The consumer may submit the application within 1 year from the date on which he first exercised his right with the seller. Out-of-court dispute resolution can also be initiated online via the ODR platform available here: ec.europa.eu/consumers/odr/.
8.4 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DELIVERY
9.1 The Buyer may be served at the Buyer's electronic address.
10.FINALPROVISIONS
10.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended. This is without prejudice to the consumer's rights under generally binding legislation.
10.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3 The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form.
10.4 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
10.5 Contact details of the Seller: delivery address Jakub Říha, Černého 67, Liberec, 46312, Czech Republic, e-mail address info@jakehogaraz.cz, telephone +420 775 999 155.
10.6 The Seller shall not be liable for errors resulting from third party interference with the web interface of the shop or its use contrary to its intended use.
10.7 The Seller may change or supplement the wording of the Terms and Conditions; the Buyer can always find their current wording on the web interface of the shop. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
In Liberec on 08. 08. 2025