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    Home / Terms and Conditions

    Terms and Conditions

    I. Basic provisions

    1. These general terms and conditions of trade ("the terms and conditions of trade") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (the "Civil Code")

    • Jiří Hnilička
    • IČ: 135 07 851
    • having its seat: Kozlov 39, 387 15 Střelské Hoštice
    • registered with the Trade Bureau in Strakonice, No. 2880/92
    • contact details: Kozlov 39, 387 15 Střelské Hoštice
    • email: dumumeni@dumumeni.cz
    • phone: +420 602 962 859
    • eshop.dumumeni.cz

    ('the seller') 

    2. These business conditions govern the reciprocal rights and obligations of the seller and of the natural person who concludes the contract of sale outside his business as a consumer or in the course of his business (hereinafter: "buyer") through a web interface located on the website available at www.dumumeni.cz (the "internet shop").

    3. The terms and conditions are an integral part of the contract of sale. The derogating arrangements in the sales contract take precedence over the provisions of these business conditions.

    4. These business conditions and the purchase agreement are concluded in the Czech language or English language.

     

    II. Information on goods and prices

    1. Information on the goods, including an indication of the prices of the individual goods and their main characteristics, is given for the individual goods in the catalogue of the online shop. Prices of goods are indicated including value added tax, all associated charges and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in an online shop. This provision does not preclude the negotiation of a contract of sale on individually negotiated terms.

    2. All presentations of goods placed in the catalogue of an online shop are informative and the seller is not obliged to enter into a contract of sale in respect of these goods.

    3. Information on the costs associated with the packaging and delivery of goods is published in the online shop. Information on the costs associated with the packaging and delivery of goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic and other countries mentioned.

    4. Any discounts on the purchase price of goods may not be combined with each other unless the seller and the buyer agree otherwise.

     

    III. Order and conclusion of the contract of sale

    1. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase agreement (internet costs, telephone call costs) are borne by the buyer himself. These costs are not different from the base rate.

    2. The buyer performs the order of goods in the following ways:

    • through its customer account, if it has previously registered in an online store,
    • by filling in an order form without registration.  

    3. When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.

    4. Before sending the order, the buyer is allowed to check and change the data that he has placed in the order. The order will be sent by the buyer to the seller by clicking on the button "SEND ORDER". The information given in the order is considered correct by the seller. It is a condition of the validity of the order to complete all mandatory information in the order form and to confirm that the buyer has become familiar with these terms and conditions.

    5. Immediately upon receipt of the order, the seller sends the purchaser a confirmation of receipt of the order to the e-mail address that the purchaser entered when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. Attached to the certificate are the seller's current terms and conditions. The purchase agreement is concluded only after receipt of the order by the seller. The order acceptance notice is delivered to the buyer's email address. / Upon receipt of the order, the seller sends the purchaser a confirmation of receipt of the order to the e-mail address that the purchaser has entered when ordering. This confirmation shall be deemed to be the conclusion of a contract. Attached to the certificate are the seller's current terms and conditions. The purchase agreement is concluded by confirming the order by the seller to the buyer's email address.

    6. If any of the requirements specified in the order cannot be met by the seller, the seller will send an amended offer to the buyer's email address. The amended offer shall be deemed to be a new draft purchase agreement and the purchase agreement shall in that case be concluded by the purchaser's acknowledgement of receipt of the offer to the seller at his email address specified in these Terms and Conditions.

    7. All orders received by the seller are binding. The buyer may cancel the order until the buyer is notified of the receipt of the order by the seller. The buyer may cancel the order by telephone to the telephone number or email of the seller specified in these Terms and Conditions.

    8. In the event that there is an obvious technical error on the part of the seller when the price of the goods is indicated in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at that clearly erroneous price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these business conditions. The seller informs the buyer of the error without undue delay and sends the modified offer to the buyer's email address. The amended offer is considered to be a new draft of the purchase agreement and the purchase agreement is then concluded with a confirmation of receipt by the buyer to the seller's email address.

     

    IV. Customer account

    1. Based on the buyer registration made in the online store, the buyer can access their customer account. From its customer account, the buyer can order goods. The buyer can also order goods without registration.

    2. When registering in a customer account and ordering goods, the buyer is obliged to state correctly and truthfully all details. The data specified in the user account shall be updated by the purchaser at any change. The details given by the buyer in the customer account and when ordering goods are considered correct by the seller.

    3. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not liable for any misuse of the customer account by third parties.

    4. The buyer is not entitled to allow third parties to use the customer account.

    5. The seller may cancel the user account, especially if the buyer does not use his user account for longer, or if the buyer violates his obligations under the sales contract or these business conditions.

    6. The Buyer notes that the user account may not be available around the clock, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of third party hardware and software equipment.

     

    V. Payment conditions and delivery of goods

    1. The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be reimbursed by the buyer in the following ways:

    • by wire transfer to the seller's bank account number 670100-2200421693/6210, held in the name of Kateřina Hniličková at MBank, IBAN: CZ46 6210 6701 0022 0042 1693, BIC: BREXCZPPXXX,
    • non-cash payment card,
    • non-cash transfer to the seller's account via the Global Payments payment gateway,
    • cash delivery at the time of delivery of goods,
    • cash or payment card at personal collection at the establishment,
    • cash or payment card at the personal collection of the Czech Post Office, Czech Post Office - Balíkovna, Zásilkovna (Packeta)

    2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of the goods in the agreed amount. In addition, unless expressly stated otherwise, the purchase price and the costs associated with the supply of goods shall be understood.

    3. In the case of a cash payment, the purchase price is payable on receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase agreement.

    4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.[S16] 

    5. In the case of a non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the seller's bank account.

    6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before shipping is not a deposit.

    7. Under the Act on the Record of Sales, 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, no later than 48 hours. Where it is the manufacturer of the goods on offer, it shall not be subject to that obligation.

    8. The goods are supplied to the buyer:

    • to the address specified to the buyer in the order
    • through the delivery service to the delivery service address specified by the buyer
    • by personal collection at the seller's premises

    9. The choice of delivery method is made during the ordering process.

    10. The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is indicated in the purchaser's order and in the seller's confirmation of the order. In the event that the mode of transport is agreed upon on the basis of a specific requirement of the purchaser, the purchaser shall bear the risk and any additional costs associated with that mode of transport.

    11. If the seller is obliged under the sales contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods. Where, for reasons on the part of the purchaser, the goods have to be delivered repeatedly or in a different way than specified in the order, the purchaser is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with other means of delivery.

    12. On receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. In the event of a finding of an infringement of the packaging indicating trespassing, the purchaser need not take delivery from the carrier.

    13. The seller issues a tax document to the buyer - an invoice. The tax document is sent to the buyer's email address./The tax document is attached to the supplied goods.

    14. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including the cost of delivery, but first by taking possession of the goods. Liability for accidental destruction, damage or loss of goods passes to the purchaser at the time of receipt of the goods or at the time when the purchaser was obliged to receive the goods but did not do so in breach of the purchase agreement. 

    15. If a package is returned to the seller as undelivered due to failure to pick up the package or giving the wrong delivery address, this is taken as a breach of contract and the seller is entitled to claim payment of the buyer's postage costs.

     

    VI. Withdrawal

    1. A buyer who has entered into a purchase agreement outside his business as a consumer has the right to withdraw from the purchase agreement.

    2. The withdrawal period is 14 days

    • from the date of receipt of the goods,
    • from the date of receipt of the last delivery of the goods, where several types of goods are the subject of the contract, or the delivery of several parts
    • from the date of receipt of the first delivery of goods, where the contract is for the regular re-supply of goods.

    3. The buyer cannot, among other things, withdraw from the purchase agreement:

    • the provision of services where they were met with his prior express consent before the expiry of the withdrawal period and the seller informed the purchaser before the conclusion of the contract that he had no right of withdrawal in such a case;
    • on the supply of goods or services the price of which depends on variations in the financial market independently of the seller's will and which may occur during the withdrawal period;
    • on the supply of alcoholic beverages which may be delivered only after 30 days and the price of which depends on variations in the financial market independent of the seller's will;
    • the supply of goods which have been modified according to the buyer's wishes or for his person,
    • the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
    • the supply of goods in sealed packaging which the buyer has removed from the packaging and cannot be returned for hygiene reasons;
    • the supply of an audio or video recording or computer program where it has breached its original packaging;
    • delivery of newspapers, periodicals or magazines,
    • the supply of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the purchaser before the expiry of the withdrawal period and the seller informed the purchaser before the conclusion of the contract that in such a case he had no right of withdrawal,
    • in other cases referred to in Section 1837 of the Civil Code.

    4. In order to comply with the withdrawal period, the purchaser must send a withdrawal declaration within the withdrawal period.

    5. In order to withdraw from the purchase agreement, the buyer may use the model form to withdraw from the contract provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Purchaser to the Seller's email or delivery address specified in these Terms and Conditions. The seller shall acknowledge receipt of the form to the buyer without delay.

    6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

    7. If the buyer withdraws from the contract, the seller shall, without delay but no later than 14 days after the withdrawal, reimburse the buyer all the funds, including the cost of the delivery received from him, in the same manner. The seller will return the funds received to the buyer in a different way only if the buyer agrees and does not incur additional costs.

    8. If the buyer has chosen a method other than the cheapest delivery method offered by the seller, the seller shall reimburse the buyer the cost of delivery corresponding to the cheapest delivery method offered.

    9. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he has shipped the goods to the seller.

    10. The goods must be returned to the seller undamaged, unworn and unpolluted and, where possible, in their original packaging. The seller is entitled to set off against the buyer's claim for reimbursement of the purchase price unilaterally.

    11. The seller shall be entitled to withdraw from the contract of sale on account of the sale of stock, the unavailability of the goods or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall promptly inform the Purchaser through the e-mail address specified in the order and shall, within 14 days of the notice of withdrawal from the Purchase Agreement, return all funds, including the cost of delivery, received from the Purchaser under the contract in the same manner and, where appropriate, in a manner determined by the Purchaser.

     

    VII. Rights from defective performance

    1. The seller replies to the buyer that the goods are not defective when they are taken over. In particular, the seller responds to the buyer that at the time the buyer took possession of the goods:

    • the goods have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the seller or producer or expected by the buyer, having regard to the nature of the goods and the advertising carried out by them;
    • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used;
    • the goods correspond to the quality or performance of the contracted sample or draft if the quality or execution has been determined according to the contracted sample or draft,
    • are goods in appropriate quantities, rates or weights and the goods comply with the requirements of the legislation.

    2. The seller shall be subject to obligations for defective performance at least to the extent that the obligations for defective performance of the manufacturer continue. The buyer is otherwise entitled to claim the right from a defect that occurs in consumer goods within twenty-four months of receipt.

    3. Where the period during which the goods may be used is indicated on the goods sold, on their packaging, in instructions attached to the goods or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for use for their usual purpose or that they will retain their usual characteristics for a certain period of time. If the buyer has legitimately accused the seller of defective goods, the time limit for claiming rights from defective performance and the guarantee period for the period during which the buyer cannot use the defective goods do not run.

    4. The provisions referred to in the preceding paragraph of the terms and conditions shall not apply in the case of goods sold at a lower price to defects for which the lower price was agreed, to wear and tear caused by their habitual use, to second-hand goods to defects corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer or where this is due to the nature of the goods. The right of defective performance does not lie with the purchaser if, before receiving the goods, he knew that the goods were defective or if the purchaser himself caused the defect.

    5. In the event of a defect, the buyer may submit a claim to the seller and demand:

    • exchange for new goods,
    • repair of goods,
    • reasonable discount on purchase price,
    • withdrawal from contract.

    6. The buyer has the right to withdraw from the contract:

    • if the goods have a material defect,
    • if the item cannot be used properly for repeated occurrence of defects or defects after repair,
    • with more defects in the goods.

    7. What is relevant is a breach of contract of which the party in breach of the contract already knew or must have known when it was concluded that the other party would not have entered into the contract if it had foreseen the breach.

    8. In the case of a defect implying a non-essential breach of contract (irrespective of whether the defect is avoidable or irrecoverable), the buyer is entitled to have the defect corrected or a reasonable discount on the purchase price.

    9. If a avoidable defect has occurred repeatedly after repair (usually a third claim for the same defect or a 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, replacement of goods or withdrawal from the contract.

    10. When making a claim, the buyer is obliged to tell the seller which right he has chosen. Changing the choice without the seller's consent is only possible if the buyer has asked for the defect to be fixed, which proves irrecoverable. If the buyer does not choose his right on time for a substantial breach of contract, he has the same rights as in a non-material breach of contract.

    11. If repair or replacement of the goods is not possible, by way of withdrawal, the purchaser may demand the full refund of the purchase price.

    12. If the seller proves that the buyer knew or caused the defect in the goods before taking over, the seller is not obliged to comply with the buyer's claim.

    13. The buyer cannot claim the discounted goods for the reason the goods are discounted.

    14. The seller is obliged to accept the claim at any establishment in which acceptance of the claim is possible, including, where appropriate, at the registered office or place of business. The Seller is obliged to provide the Purchaser with written confirmation of when the Buyer has exercised the right, what the contents of the claim are and how the claim is handled by the Buyer, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification for the rejection of the claim.

    15. The seller or the agent authorised by him decides on the claim immediately, in complex cases within three working days. This period shall not include a reasonable period of time, depending on the type of product or service needed for the expert assessment of the defect. Complaints, including the removal of the defect, must be dealt with promptly, no later than 30 days after the date of the claim, unless the seller agrees with the buyer on a longer period. The futile expiry of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase agreement. The moment when the claim is made is deemed to be the moment when the buyer's will (applying the right of defective performance) to the seller occurs.

    16. The seller shall inform the buyer in writing of the outcome of the claim.

    17. The right of defective performance does not lie with the buyer if the buyer knew before taking possession that the item was defective or if the buyer himself caused the defect.

    18. In the case of a legitimate claim, the buyer is entitled to compensation for the costs effectively incurred in connection with the application of the claim. This right may be exercised by the buyer with the seller within one month after the end of the guarantee period, otherwise the court may not grant it.

    19. The buyer has the choice of how to claim.

    20. The rights and obligations of the Contracting Parties in respect of rights arising from defective performance are governed by 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.

    21. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's claim code.

     

    VIII. Delivery

    1. The Contracting Parties may deliver all written correspondence to each other by e-mail.

    2. The Purchaser delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer at the email address indicated in his customer account or in the order.

     

    IX. Personal data

    1. All information you give in our cooperation is confidential and will be treated as such. Unless you give us written permission to do so, we will not use your details in any way other than for the purposes of performance of the contract, except for the email address to which commercial communications may be sent to you, as this procedure is permitted by law if you do not refuse it. Such communications may relate only to like or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, email or clicking on a link in a commercial communication). To this end, the email address will be kept for 3 years from the conclusion of the last contract between the parties.

    2. For more detailed information on privacy, see Privacy Policy HERE

     

    X. Out-of-court dispute resolution

    1. The Czech Trade Inspection Authority, based at Štěpánská 567/15, is responsible for the out-of-court resolution of consumer disputes arising from the sales contract, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/en. 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 from the Purchase Agreement.

    2. European Consumer Centre Czech Republic, based 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 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

    3. The seller is entitled to sell the goods under a trade licence. The trade inspection is carried out within its remit by the competent trade authority. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.  

     

    XI. Final provisions

    1. All arrangements between seller and buyer with the legal order of the Czech Republic. If the relationship established by the contract of sale contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.  

    2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1 (e) of the Civil Code.

    3. All rights to the seller's website, in particular copyright to the content, including page layout, pictures, films, graphics, trademarks, logos and other content and features, belong to the seller. It is prohibited to copy, edit or otherwise use a website or part of a website without the seller's consent.  

    4. The Seller shall not be liable for errors arising from interference by third parties in an online store or from its use contrary to its determination. The purchaser shall not, when using an online store, employ procedures which may have a negative effect on its operation and shall not engage in any activity which may enable it or third parties to interfere with or use, unlawfully, the software or other components constituting the online store and to use the online store or parts or software in such a way as to conflict with its purpose or purpose.

    5. The buyer thereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Rules of Procedure. 2 of the Civil Code.

    6. The purchase agreement, including terms and conditions, is archived by the seller in electronic form and is not accessible.  

    7. The terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the period of application of the previous version of the terms and conditions.

    8. An annex to the terms and conditions is a model withdrawal form.  

    These terms and conditions take effect on 1.8.2020