Terms and Conditions

1. General Provisions

1. These terms and conditions (hereinafter referred to as "terms and conditions") of the company Postboxy, s.r.o., with its registered office at Kumpoštova 123/8, Brno, postal code 612 00, identification number: 09322841, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, file number: 118449 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person who, in concluding and performing the purchase agreement, does not act within the scope of their business or other entrepreneurial activity (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.monokoatelier.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "online store interface").
2. The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting in the course of ordering goods within their business activity or within their independent professional practice.
3. The provisions of the terms and conditions are an integral part of the purchase agreement.
4. Unless the purchase agreement expressly states a different arrangement, or unless the purchase agreement expressly excludes the validity of certain provisions of these terms and conditions, these terms and conditions shall apply to the mutual relations of the contracting parties. The application of any other terms and conditions is excluded.
5. The seller may unilaterally amend or supplement the wording of the terms and conditions. The current wording of the terms and conditions is available on the website. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.

2. Conclusion of the Purchase Agreement

1. All presentation of goods placed in the online store interface is of an informational nature and the seller is not making an offer to the buyer to conclude a purchase agreement by such presentation, nor is the seller obliged to conclude a purchase agreement with the buyer. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.
2. The online store interface contains information about goods, including the prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for the period during which they are displayed in the online store interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated conditions.
3. The online store interface also contains information about the costs associated with packaging and delivery of goods.
4. To order goods, the buyer fills out the order form in the online store interface. The order form contains in particular information about:
   1. the ordered goods and their purchase price (the buyer "places" the ordered goods into the electronic shopping cart of the online store interface),
   2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
   3. costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
5. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. By submitting the order from the shopping cart, it is sent to the seller. When ordering goods, the buyer is obliged to provide all required data correctly and truthfully, and the seller considers these provided data to be current and correct. The seller shall promptly confirm receipt of the order to the buyer by electronic mail, to the buyer's email address specified in the order (hereinafter referred to as the "buyer's email address").
6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
7. The purchase agreement between the seller and the buyer is concluded upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's email address specified in the order.
8. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer. For the avoidance of doubt, it is stated that the costs of using remote means of communication for the conclusion of the purchase agreement do not differ from the basic rate.

3. Price of Goods and Payment Terms

1. The buyer acquires ownership of the goods by paying the full purchase price of the goods, whereby the moment of payment is understood as the moment when the payment is received in the seller's account.
2. The buyer shall pay the price of the goods and any costs associated with the delivery of goods under the purchase agreement to the seller using cashless payment methods of the online store interface. If the buyer chooses payment by bank transfer, the payment details are sent to the buyer's email address.
3. In the case of payment by bank transfer, the purchase price is due within three days of the conclusion of the purchase agreement.
4. If the purchase agreement separately stipulates costs associated with packaging and delivery of goods beyond the purchase price, these costs must be paid together with the purchase price. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of goods.
5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
6. If it is customary in business practice or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document — an invoice, or a receipt — to the buyer regarding payments made on the basis of the purchase agreement. The seller is a value added tax payer.

4. Withdrawal from the Purchase Agreement

1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Czech Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the delivery of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygienic reasons.
2. Unless this is a case referred to in Article 4, letter a) of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right, in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receipt of the goods, whereby if the subject of the purchase agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. For the purposes of withdrawal, the buyer may use the sample withdrawal form contained in the appendix of these Terms. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer shall send the withdrawal from the purchase agreement to the seller at the seller's delivery address specified in Article 9, letter (f) of the terms and conditions or to the seller's email address hello@monokoatelier.com. The address for returns or complaints is: Postboxy s.r.o., Kumpoštova 123/8, Brno, 612 00, Czech Republic.
3. In the case of withdrawal from the purchase agreement pursuant to Article 4, letter b) of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.
4. If the buyer decides to withdraw from the purchase agreement, the goods must be returned in their original condition, undamaged, including packaging and all accessories that the buyer received with them.
5. In the case of withdrawal from the agreement pursuant to Article 4, letter b) of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon return of the goods by the buyer or in another manner, provided the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
6. The seller is entitled to unilaterally offset the claim for compensation for damage incurred on the goods against the buyer's claim for the return of the purchase price.
7. Until the goods are received by the buyer, the seller is entitled to withdraw from the purchase agreement at any time without giving a reason. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to the account designated by the buyer.
8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.
9. The seller also has the option to withdraw from the purchase agreement if the buyer fails to pay the purchase price properly and on time, or in the case that the seller is unable to deliver the goods ordered by the buyer, for the reason that:
   1. the goods are no longer in stock and it is not possible to manufacture them; or
   2. the seller is unable to fulfill the purchase agreement for reasons beyond their control, as a result of a natural disaster or force majeure.
10. Withdrawal from the purchase agreement by the seller shall always be made in writing, to the buyer's email address specified in the order.
11. If the seller withdraws from the purchase agreement at a time when the buyer has already paid the purchase price, the purchase price shall be returned without undue delay by cashless payment, by transfer to the bank account chosen by the buyer.

5. Shipping and Delivery of Goods

1. If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
2. In the event that the method of transport is agreed upon based on an individual request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
3. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
4. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, to immediately notify the carrier. In the event of finding a breach of packaging indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier. The seller is not liable for damages incurred during transport.
5. Further rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery terms, if issued by the seller.

6. Rights from Defective Performance

1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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).
2. The seller is 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 received the goods:
   1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, have such properties as described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
   2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
   3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
   4. the goods are in the appropriate quantity, measure or weight,
   5. and the goods comply with the requirements of legal regulations.
3. The provisions stated in Article 6, letter b) of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if it results from the nature of the goods.
4. The buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months of receipt.
5. The buyer exercises rights from defective performance at the seller's registered office at their own expense. The moment of filing a complaint is considered to be the moment when the seller received the complained goods from the buyer. The complaint will be resolved immediately, in complex cases within three business days. This period does not include the time reasonable according to the type of goods needed for professional assessment of the defect. The complaint, including the removal of the defect, will be settled without undue delay, no later than 30 days from the date of filing the complaint, unless a longer period is agreed upon.
6. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

7. Additional Rights and Obligations of the Contracting Parties

1. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826, Paragraph 1, letter e) of the Civil Code.
2. The seller handles consumer complaints via the email address hello@monokoatelier.com. The seller shall send information about the resolution of the buyer's complaint to the buyer's email address.
3. In the event that a consumer dispute arises between the seller and the consumer from a concluded purchase agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz. The consumer may also use the European Commission's online dispute resolution platform at http://ec.europa.eu/consumers/odr.
4. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant trade licensing office within its jurisdiction. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things and to a defined extent, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.

8. Personal Data Protection

The buyer acknowledges that the seller processes their personal data for the purpose of selling goods in accordance with legal regulations concerning the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR), Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, and any judicial or administrative interpretation of legal regulations concerning the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Office for Personal Data Protection. Details regarding the processing of the buyer's personal data by the seller are available at https://monokoatelier.com/privacy-policy.

9. Final Provisions

1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that all rights of the buyer and the seller arising from these general terms and conditions, the purchase agreement or in connection with it or its termination, shall be governed by the legal order of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
2. Any dispute arising from the purchase agreement, in connection with it, or its termination shall be resolved by the competent court of the Czech Republic with subject-matter and territorial jurisdiction.
3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the remaining provisions.
4. The seller's billing details are:
   1. company name: Postboxy, s.r.o.
   2. address: Kumpoštova 123/8, Brno, 612 00, Czech Republic
   3. email address: hello@monokoatelier.com
   4. ID No.: 09322841, VAT ID: CZ09322841
5. The seller's correspondence address is:
   1. company name: Postboxy, s.r.o.
   2. address: Kumpoštova 123/8, Brno, 612 00, Czech Republic
   3. email address: hello@monokoatelier.com
6. The address for returns or complaints is:
   1. company name: Postboxy s.r.o.
   2. address: Kumpoštova 123/8, Brno, 612 00, Czech Republic
   3. email address: hello@monokoatelier.com