Terms of use

General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with § 1751 and following of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code").

Bc. Klára Holanová

Company ID: 61471763

Registered office: V Horní Stromce 2300/7, Prague 3 Vinohrady

Contact details:

Email: eshop@eiri.cz

Phone: +420 604121106

Website: www.eiri.cz

(hereinafter referred to as the "Seller")

These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who enters into a purchase agreement outside of their business activities as a consumer, or in the course of their business activities (hereinafter referred to as the "Buyer") through the web interface located on the website accessible at www.eiri.cz (hereinafter referred to as the "online store").

The provisions of these Terms and Conditions are an integral part of the purchase agreement. Any deviations from these Terms and Conditions in the purchase agreement take precedence over the provisions of these Terms and Conditions.

These Terms and Conditions and the purchase agreement are concluded in the English language.

II. Information about Goods and Prices

Information about the goods, including the prices of individual items and their main features, is provided for each product in the catalog of the online store. The prices of goods include value-added tax, all associated fees, and return shipping costs if the goods cannot be returned by standard mail. The prices of goods are valid for the period they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase agreement under individually agreed conditions.

All product presentations in the online store catalog are for informational purposes, and the Seller is not obligated to conclude a purchase agreement for the goods.

The online store provides information about the costs associated with packaging and delivery. These delivery and packaging costs apply only when the goods are delivered within the Czech Republic.

Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Agreement

Costs incurred by the Buyer when using remote communication tools in connection with concluding the purchase agreement (such as internet connection costs, telephone call costs) are borne by the Buyer. These costs do not differ from the standard rate.

The Buyer places an order for goods by the following methods:

Filling out an order form without registration.

When placing the order, the Buyer selects the goods, quantity, payment method, and delivery method.

Before submitting the order, the Buyer is allowed to review and modify the details entered in the order. The order is sent by the Buyer to the Seller by clicking on the "Order" button. The details entered in the order are considered correct by the Seller. The condition for the validity of the order is filling in all mandatory fields in the order form and the Buyer's confirmation that they have read and agree to these Terms and Conditions.

Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer. This confirmation is automatic and does not constitute the conclusion of a contract. The confirmation includes the Seller's current Terms and Conditions. The purchase agreement is concluded only after the Seller accepts the order. The acceptance notice is sent to the Buyer's email address. Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer. This confirmation is considered the conclusion of the contract. The confirmation includes the Seller's current Terms and Conditions. The purchase agreement is concluded upon the Seller's confirmation of the order sent to the Buyer's email address.

If the Seller cannot fulfill any of the Buyer's requests in the order, the Seller sends a modified offer to the Buyer's email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the Buyer's confirmation of acceptance of the offer to the Seller’s email address.

All orders accepted by the Seller are considered binding. The Buyer may cancel the order until the Seller has sent the confirmation of acceptance of the order. The Buyer can cancel the order by phone or email using the contact details provided in these Terms and Conditions.

In the event of an obvious technical error by the Seller in stating the price of goods in the online store or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer at the obviously incorrect price. The Seller will promptly inform the Buyer about the error and send the Buyer a modified offer. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the Buyer's confirmation of acceptance of the offer.

IV. Payment Terms and Delivery of Goods

The price of the goods and any delivery costs under the purchase agreement can be paid by the Buyer in the following ways:

- By bank transfer to the Seller’s account No. 1120545093/0800, held at Česká spořitelna. (IBAN: CZ38 0800 0000 0011 2054 5093, BIC/SWIFT: GIBACZPX) 

- By credit card payment. 

- By cash on delivery upon receipt of the goods.

- By cash or card upon personal pickup at the Seller's premises.

- By cash or card at the pickup point for deliveries.

Along with the purchase price, the Buyer is obligated to pay the Seller for packaging and delivery costs in the agreed amount. Unless otherwise specified, the purchase price also includes the costs associated with the delivery of goods.

In case of cash payment, the purchase price is due upon receipt of the goods. For non-cash payments, the purchase price is due within 14 days from the conclusion of the purchase agreement.

For non-cash payments, the Buyer's obligation to pay the purchase price is fulfilled upon the relevant amount being credited to the Seller’s bank account.

The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before dispatching the goods is not considered an advance.

The goods are delivered to the Buyer:

- To the address specified by the Buyer in the order.

The delivery method is selected during the order process.

The delivery costs, depending on the shipping and receipt method, are specified in the Buyer's order and the confirmation of the order by the Seller. If the delivery method is agreed upon based on the Buyer’s specific request, the Buyer assumes the risk and any additional costs related to the selected delivery method.

If the Seller is obligated to deliver the goods to a location specified by the Buyer in the order, the Buyer is obligated to accept the goods upon delivery. If the goods need to be delivered again or in a different manner than specified in the order due to reasons on the Buyer's side, the Buyer is responsible for the costs associated with the repeated delivery or alternative delivery method.

Upon receiving the goods from the carrier, the Buyer is obligated to check the integrity of the packaging and report any defects to the carrier immediately. If the packaging shows signs of unauthorized tampering, the Buyer may refuse to accept the delivery.

The Seller will issue an invoice to the Buyer. The invoice will be provided upon receipt of the goods. The Buyer acquires ownership of the goods upon full payment of the purchase price, including delivery costs, but no earlier than upon receipt of the goods. The risk of accidental damage, loss, or destruction of the goods passes to the Buyer at the moment of receipt or at the time the Buyer should have taken receipt of the goods, but failed to do so in breach of the purchase agreement.

V. Right of Withdrawal from the Agreement

A Buyer who has entered into a purchase agreement outside their business activities as a consumer has the right to withdraw from the purchase agreement.

The withdrawal period is 14 days:

- From the day of receipt of the goods,

- From the day of receipt of the last delivery of goods if the contract concerns several items of goods or multiple deliveries,

- From the day of receipt of the first delivery of goods if the contract concerns a regular, recurring delivery of goods.

 The Buyer may not withdraw from the purchase agreement, inter alia, in the following cases:

- For the provision of services if they were provided with the Buyer's prior express consent before the withdrawal period and if the Seller informed the Buyer that in such a case, they would not have the right to withdraw from the agreement,

- For the delivery of goods or services whose price depends on fluctuations in the financial market outside the Seller's control during the withdrawal period,

- For the delivery of goods that have been tailored to the Buyer's wishes or specifications,

- For goods in a sealed package that the Buyer has removed from the package and which, for hygienic reasons, cannot be returned,

- In other cases as stated in § 1837 of the Civil Code.

To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

Withdrawal from the purchase agreement must be sent to the email or postal address of the Seller specified in these Terms and Conditions. The Seller will promptly acknowledge receipt of the withdrawal form.

The Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods, even if the goods cannot be returned by the standard postal route due to their nature.

If the Buyer withdraws from the agreement, the Seller will promptly, no later than 14 days after withdrawal, refund all the money including the delivery costs received from the Buyer, in the same way. The Seller may refund the money in a different way only if the Buyer agrees and it does not incur additional costs for the Seller.

If the Buyer selected a delivery method other than the cheapest one offered by the Seller, the Seller will refund the delivery costs corresponding to the cheapest delivery method.

If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the money received from the Buyer until the goods are returned to the Seller or the Buyer proves they sent the goods back.

The goods must be returned to the Seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The Seller may offset  the amount of the refund against the value of the returned goods if the goods have been damaged or worn.

VI. Rights from Defective Performance  

The seller guarantees to the buyer that the goods are free from defects upon receipt. Specifically, the seller ensures that at the time the buyer takes possession of the goods:  

- The goods have the properties agreed upon by both parties, or if no agreement was made, they have the properties described by the seller or manufacturer, or those expected by the buyer considering the nature of the goods and the advertising provided.  

- The goods are suitable for the purpose stated by the seller or for the usual purpose of goods of this kind.  

- The goods match the quality or design of the agreed sample or model, if the quality or design was determined according to such a sample or model.  

- The goods are in the agreed quantity, size, or weight.  

- The goods comply with legal requirements.  

If a defect appears within six months of the buyer receiving the goods, it is presumed that the goods were defective at the time of receipt. The buyer is entitled to claim a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods with a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods. In the event of a defect, the buyer may submit a complaint to the seller and request:

- A replacement for new goods.  

- Repair of the goods.  

- A reasonable discount on the purchase price.  

- Withdrawal from the contract.  

The buyer has the right to withdraw from the contract if:  

- The goods have a substantial defect.  

- The buyer cannot properly use the goods due to a recurring defect or defects after repair.  

- The goods have multiple defects.  

The seller is obliged to accept complaints at any of their business locations where acceptance is possible, or at their registered office or place of business. The seller must issue the buyer a written confirmation stating when the right was exercised, the subject of the complaint, and the preferred method of resolution, along with confirmation of the resolution date and method, including repair details and duration, or a written justification for rejecting the complaint.  

The seller or their authorized employee must decide on the complaint immediately, or within three business days in complicated cases. This period does not include the time required for an expert assessment of the defect, based on the nature of the product or service. Complaints, including defect resolution, must be handled promptly, no later than 30 days from the date of the complaint, unless the seller and buyer agree to a longer period. The expiration of this deadline constitutes a fundamental breach of contract, giving the buyer the right to withdraw from the purchase contract. The moment a complaint is submitted is considered the moment the seller receives the buyer’s statement asserting their right to claim defective performance.  

The seller must inform the buyer in writing of the complaint outcome.  

The buyer is not entitled to claim defective performance if they knew about the defect before taking possession of the goods or if they caused the defect themselves.  

In the case of a justified complaint, the buyer has the right to reimbursement of reasonable costs incurred in connection with filing the complaint. The buyer may claim this right from the seller within one month after the warranty period expires.  

The buyer has the right to choose the complaint resolution method.  

The rights and obligations of the contracting parties regarding defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection.  

VII. Communication  

The contracting parties may exchange all written correspondence via electronic mail.  

The buyer shall send correspondence to the seller’s email address specified in these terms and conditions. The seller shall send correspondence to the buyer’s email address listed in their customer account or order.  

VIII. Out-of-Court Dispute Resolution  

The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: [https://adr.coi.cz/cs](https://adr.coi.cz/cs), is responsible for out-of-court resolution of consumer disputes arising from the purchase contract.  

The online dispute resolution platform available at [http://ec.europa.eu/consumers/odr](http://ec.europa.eu/consumers/odr) can be used for disputes between the seller and the buyer related to the purchase contract.  

The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: [http://www.evropskyspotrebitel.cz](http://www.evropskyspotrebitel.cz), serves as a contact point under Regulation (EU) No. 524/2013 of the European Parliament and 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 Dispute Resolution Online).  

The seller is authorized to sell goods based on a trade license. The relevant trade licensing authority carries out trade inspections within its competence. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within its designated scope.  

 IX. Final Provisions  

All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If a purchase contract includes an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect consumer rights granted by generally binding legal regulations.  

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

All rights to the seller’s website, including copyright to its content, page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the website or any part thereof without the seller’s consent is prohibited.  

The seller is not responsible for errors caused by third-party interference in the online store or due to its use in violation of its intended purpose. The buyer must not use procedures that could negatively affect the operation of the online store or perform any activity that could enable them or third parties to unlawfully interfere with or use software components or other parts of the online store in a way that contradicts its intended purpose.  

The buyer assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.  

The purchase contract, including these terms and conditions, is archived electronically by the seller and is not accessible.  

The seller may amend or supplement the terms and conditions. Any changes will not affect rights and obligations arising during the validity of previous versions of the terms and conditions.  

These terms and conditions take effect on August 31, 2024.