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General terms and conditions for the online store

https://www.tofusenshi.art/

1. General provisions

These general terms and conditions (hereinafter referred to as the “terms and conditions”) of the Petra Zemánková, business company ​Milánská 452, 109 00, Praha, Czech Republic, ID No:​ 05920191​, (hereinafter referred to as the “seller”) are issued in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”).

1.2. These terms and conditions govern 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 (hereinafter referred to as the “buyer”) through the online store at the address https://www.tofusenshi.art/ (hereinafter referred to as “online store”).
1.3. The terms and conditions and the purchase contract are primarily drawn up in English, unless the contracting parties agree on a different language. The contractual relationship is governed by Czech law as amended.
1.4 These terms and conditions define the relationship and the rights and obligations arising from it only between the seller and the buyer – a natural person, a non-entrepreneur who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.
1.5 The seller may change or supplement the wording of the terms and conditions based on § 1752 of Act No. 89/2012 Coll., Civil Code. The change in terms and conditions will be notified to the buyer through the seller’s website, specifically https://www.tofusenshi.art/​ in the Terms and Conditions with the date of the new terms becoming effective and the possibility to preview the wording of the previous ones.
The other party has the right to change, in case of a long-term renewal contract, and to reject the obligation for this reason within a period of one month from the date the new conditions came into effect.

2. Ordering goods and concluding a purchase contract

2.1 The presentation of the goods listed in the online store https://www.tofusenshi.art/ is not an offer to conclude a contract, it is only informative and the seller is not obliged to conclude a purchase contract regarding these goods.
2.2 The prices of goods are listed including value added tax, if the seller is the payer of such tax (VAT), excluding postage and packaging. The price indicated for the product is the final price for the product. The price of the product is valid for the time it is displayed in the online store. https://www.tofusenshi.art/.
2.3 The online store https://www.tofusenshi.art/ also contains, in a specific place, information about the costs associated with the packaging and delivery of goods as part of their delivery to the territory of the Czech Republic and other countries.
2.4 The costs associated with packaging and delivery of goods in the territory of the Czech Republic and other countries are always listed before sending the order via the website of this online store. Costs are calculated according to public and private price lists of transport companies depending on the weight, payment method and delivery method selected in the order form.
2.5 Before sending the order to the seller, the buyer is allowed to change the order and edit the data he entered in the order and to check the correctness of the entered data.
2.6 The buyer’s costs incurred when using remote communication means in connection with the conclusion of the purchase contract (phone call costs, internet connection costs, etc.) on the buyer’s side are paid by the buyer himself.
2.7 The buyer orders the goods by placing the ordered goods in the shopping cart of the online store, pressing the “Add to cart” button, without the need for a customer account and registration.
2.8 The buyer sends the order to the seller by clicking the “Buy Now” button. All data given in the order are required by the seller to be correct. The buyer thus confirms that he has filled in all the mandatory data correctly, to the best of his knowledge and conscience when creating the order, and by clicking the “Buy Now” button, he agrees to these terms and conditions.
2.9 All orders sent by the buyer to the seller are considered binding by the seller.
2.10 Immediately after sending the order to the seller, the seller will issue a confirmation of delivery of the order to the buyer via e-mail to the contact specified by the buyer in the order. This confirmation is not considered to be the conclusion of a purchase contract.
2.11 Upon delivery of the order from the buyer, the seller has the right to contact the buyer in order to complete the missing data, and possibly change and modify the data in the order.
2.12 If the nature of the order requires it, the seller is entitled to contact the buyer and request his cooperation to conclude the purchase contract.
2.13 The conclusion of purchase contract between the seller and the buyer is only created when the order is confirmed by the seller. The seller issues the order confirmation to the buyer and sends it to the e-mail address provided by the buyer in the order.
2.14 In the event of a technical failure on the part of the seller, an obviously incorrect display of product prices or a combination of discounts causing the minimum price of an online store order, the seller is not obliged to deliver the goods or service to the buyer at the specified price. Even if the order is confirmed or paid for by non-cash payment (payment card, bank transfer or other payment method).
2.15 These terms and conditions apply only to the purchase of goods via the online store https://www.tofusenshi.art/

3. Price

3.1 The price for the goods and any costs associated with transport, product modification (if the seller provides it directly in the online store) can be paid by the buyer in the following ways:
• Cashless via the payment system: Comgate
3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3 In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
3.4 The buyer’s obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller’s account.
3.5 According to the provisions of §1820 paragraph 1 letter b) of the Civil Code, the seller does not require a deposit or other similar payment from the buyer. Payment of the purchase price of the goods before they are sent cannot be considered as a deposit.
3.6 Possible price advantages and discounts from the purchase price of goods cannot be combined with each other, unless the seller decides otherwise. The buyer is always informed about possible combinations of discounts, benefits, etc. and the final price of the goods before sending the order.
3.7. The tax document is drawn up by the seller only after payment of the purchase price of the goods by the buyer and is delivered by the seller to the buyer at the e-mail address provided by the buyer in the order and/or sent to the buyer at the same time as the goods.
3.8. In the event that the subject of the obligation between the seller and the buyer is the provision of digital content, a digital content service and a thing with digital properties, which is not delivered on a physical medium, the consumer expressly agrees to the commencement of fulfillment before the expiration of the withdrawal period and that he acknowledges, that by granting consent, his right to withdraw from the contract according to § 1837 letter l).

4. Delivery of goods

4.1 The costs for the delivery of the goods according to the specified method and type of delivery are always stated in the order and the subsequent confirmation issued by the seller.
4.2 The buyer is obliged to accept the goods at the place indicated in the order, if he does not do so, he runs the risk of non-delivery of the goods and their return to the seller. In the event of subsequent repeated delivery requested by the seller, the buyer takes note of repeated transport costs in the amount of its original price.
4.3 When receiving goods from the courier, the buyer is obliged to thoroughly check the shipment for damage to the packaging or the goods themselves. If the buyer does not agree to take over the goods, he is obliged to notify the courier of this fact without delay. In the case of detection of defects on the packaging or directly on the goods, the buyer is not obliged to accept the shipment from the courier.
4.4 By paying for the goods and taking over the goods from the courier, the buyer acquires the right of ownership and all related obligations. Upon acceptance of the goods by the buyer, the risk of damage to the goods passes to the buyer.
4.5 The goods are delivered to the buyer:
• Via company(s): Česká Posta, DPD, PPL, Zásilkovna, Personal delivery
• To the address specified by the buyer in the order
4.6 There is no charge for personal pick-up.
4.7 The goods are usually handed over to the courier within 3 working days, however, within 30 days at the latest.
4.8 The buyer who, when ordering the goods, chose the form of personal delivery by pick-up at the store, is obliged to collect the goods within 5 days. The seller will personally inform the buyer about the possibility of picking up the goods by sending a message to the e-mail address.
4.9. The seller declares that the digital content, digital content services and things with digital properties sold by them ensure functionality with technical and software equipment that is usually used with digital content, digital content service and things with digital properties of the same kind, without the need to convert them (compatibility), or with other technical and software equipment than that usually used with digital content, digital content service and things with digital properties of the same kind (interoperability), which are known to the seller or which can reasonably be expected to be able to to be known.

5. Withdrawal from the purchase contract

5.1 According to the provisions of § 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract in the following cases:
• Provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract,
• The supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the entrepreneur’s will, and which may occur during the period for withdrawing from the contract,
• The delivery of goods that have been customized according to the wishes of the consumer or for his person,
• Delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• Delivery of digital content, if it was not delivered on a physical medium for data storage and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract.
5.2 If the cases listed in paragraph 5.1 of these general terms and conditions for withdrawal from the purchase contract do not apply, the buyer is entitled to withdraw from the purchase contract within 14 days of taking over the goods according to § 1829, paragraph 1 of the Civil Code.
5.3 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods).
5.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).
5.5 In the event of withdrawal from the purchase contract pursuant to § 1829 paragraph 1 of the Civil Code, the seller shall return the received funds to the buyer within 14 days of receiving the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller, or otherwise as agreed with the buyer.
5.6 The buyer returns goods to the seller that must not be damaged, must not show signs of excessive use, and must not be soiled or otherwise degraded. If possible, the buyer will also return the goods in the original packaging.
5.7 If the seller offers several options for the delivery of the goods, upon withdrawal from the contract and the return of the goods by the buyer to the seller, the amount of postage is always returned to the buyer according to the cheapest method of delivery according to the given option. This amount is then returned by the seller to the buyer, against the buyer’s right to a refund of the purchase price.
5.8 The funds will be returned to the buyer in the same way as the seller received them, unless otherwise agreed with the buyer.
5.9 Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: tofusenshiart@gmail.com. The seller will immediately confirm to the buyer the acceptance of withdrawal from the purchase contract.
5.10 In order to withdraw from the purchase contract, the seller must be sent a declaration of intent to withdraw from the contract no later than the 14th day after taking over the goods.
5.11 The seller is entitled to withdraw from the purchase contract until the moment of acceptance of the goods by the buyer. He can do so in several cases, such as out of stock, interruption of supply of goods from the manufacturer or supplier, or due to unavailability of goods and other cases caused by a third party.
5.12 In case of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via e-mail address, telephone or other communication channel. All funds received, including shipping costs from the buyer, will be returned by the seller in the same way, or in a different way specified by the buyer.

6. Rights and Liabilities from defective performance

6.1 Rights from defective performance are governed by the provisions of § 1914 to 1925, § 2099 to § 2117, and then § 2161 to § 2174 of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634 /1992 Coll., on consumer protection, as amended.
6.2 The seller guarantees to the buyer that the item has no defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
• the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• The item is suitable for the purpose that the seller states or for which the item of this type is usually used,
• The quality or design of the item corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the item in the corresponding quantity, measure or weight,
• The goods comply with the requirements of legal regulations.
6.3 If the nature of the goods or service allows, the buyer has the right to inspect or demonstrate the function of the product.
6.4 If the buyer did not report the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
6.5 If there is a defect in the goods, for which the goods cannot be used in the usual way, the buyer can apply to the seller the right from defective performance (“complaint”) and demand:
• Removal of a defect by delivering a new item without a defect or by supplying a missing defect
• A reasonable discount from the purchase price,
• Withdrawal from the contract.
6.6 The buyer is entitled to withdraw from the purchase contract if the goods:
• shows a significant defect that makes it impossible to use it in the usual way,
• With a larger number of defects (3 or more defects).
6.7 The buyer informs the seller in writing what right he has chosen upon notification of the defect, or without undue delay after notification of the defect to the seller. The choice made cannot be changed by the buyer without the consent of the seller.
6.8 As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer.
6.9 The buyer cannot exercise the right from defective performance if he knew about the defect at the time of taking over or caused it himself.
6.10 The seller is obliged to accept the complaint at the address of the establishment or at the registered office and place of business, if the nature and type of goods allows it.
6.11 The seller will inform the buyer in writing about the outcome of the complaint.
6.12 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receiving the goods. However, if it is a product with a stated expiration date, in that case the period is reduced to the expiration date indicated on the packaging.
6.13 If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.
6.14 If the subject of the obligation between the seller and the buyer is the provision of digital content, a digital content service and a thing with digital properties that is not delivered on a physical medium, the period for withdrawing from the purchase contract ends fourteen days after the date of conclusion of the contract.
6.15 The buyer does not bear any costs for withdrawing from the purchase contract, if the subject of the purchase contract was the supply of digital content, digital content service and thing with digital properties, which was not delivered on a physical medium and the seller delivered it before the expiry of the withdrawal period, although the buyer asked for it he did not explicitly request, or he did not expressly acknowledge that his right to withdraw from the contract will expire, or the seller did not provide the buyer with a confirmation pursuant to § 1824a paragraphs 1 and 2 or § 1828 paragraphs 3 and 4 of Act No. 89/2012 Coll., civil Code, as amended.
6.16 The buyer does not have to state a specific reason for withdrawing from the purchase contract.

7. Out-of-court dispute resolution

7.1 Mutual disputes between the seller and the buyer are resolved by general courts.
7.2 According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection (abbreviated ČOI) at Štěpánská 567/15, 120 00, Prague 2 – Nové Město. How to proceed in case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the website
https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.
7.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European CENTER Czech Republic (abbreviated ESC ČR). Contact address for the Czech Republic is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information on individual markets, including a platform for resolving out-of-court consumer disputes, can be found on the website

8. Final Provisions

8.1 The arrangements resulting from these terms and conditions and the purchase contract concluded between the buyer and the seller in accordance with them, in the case of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the buyer’s rights according to Regulation (EC) No. 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).
8.2 In the event of force majeure or any other failure of the online store, the seller is not responsible for the impossibility of executing the order.
8.3 It is possible to negotiate deviating provisions in the purchase contract, which then take precedence over the provisions of these terms and conditions.
8.4 The seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect the right and obligations, according to the previous version of the general terms and conditions.
These terms and conditions take effect on 19 August 2022.

9. Claims procedure

9.1 This complaint procedure is an integral part of the general terms and conditions of the online store, https://www.tofusenshi.art/​ and defines the basic conditions and method of complaint of product defects by the buyer.
This complaint procedure is based on the provisions of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection. This complaint regulation defines the relationship between the seller and the buyer – a natural person, a non-entrepreneur, who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.
9.2 The buyer is obliged to familiarize himself with the general terms and conditions and the complaint procedure before ordering the goods, but the buyer will familiarize himself with them at the latest before sending the order in the online store https://www.tofusenshi.art/​ when the buyer confirms his understanding and familiarization with them by checking the relevant field when creating the order alone. Without checking this box, the buyer’s order cannot be shipped. The Seller/Operator of the website https://www.tofusenshi.art/ records Buyers’ orders, also records the ticking of the specified field.
9.3 The conclusion of the purchase contract and acceptance of the goods by the buyer is considered as consent to the complaints procedure and business conditions.
9.4 The buyer is obliged to prove the purchase of goods in the online store https://www.tofusenshi.art/ especially with a tax document issued by the seller.
9.5 In order to speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.
9.6 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).
9.7 If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
9.8 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature of the goods allows it. The address for receiving product complaints it tofusenshiart@gmail.com.
9.9 The seller shall notify the buyer in writing of the acceptance of the goods for complaint and of the result of the complaint.
9.10 This complaint procedure governs the complaint of defects that occur in goods within twenty-four (24) months of receipt, or within the framework of a quality guarantee (for example, an extended guarantee).
9.11 If the seller does not remove the defect in time or refuses to remove the defect, the buyer may request a discount from the purchase price or withdraw from the purchase contract.
9.12 The buyer can file a complaint and, at his choice, request settlement according to points in paragraph 6.5 of the seller’s terms and conditions.
9.13 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receipt.
9.14 If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. The seller has liabilities from defective performance at least to the extent that the manufacturer’s liabilities from defective performance last.
9.15 If necessary, the seller shall explain in the confirmation in an understandable manner the content, scope, conditions and duration of his responsibility as well as the manner in which the rights arising from it can be exercised. At the same time, the seller states in the confirmation that the buyer’s other rights related to the purchase of the item are not affected.
Failure to fulfill these obligations does not affect the validity of the confirmation.
This complaint regulation takes effect on August 19, 2022
Delivery address for sending withdrawal from the contract: ​tofusenshiart@gmail.com.

 

 

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