Terms and Conditions

General Terms and Conditions of the Online Store https://www.acsforyou.cz

1. Basic Provisions

These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the business company Christina Jelínková, with its registered office at Waldertova 6, 360 01, Karlovy Vary, identification number: 11839759, (hereinafter referred to as "Seller") are issued pursuant to Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code").

1.2. These Terms and Conditions regulate 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 "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the online store at https://www.acsforyou.cz (hereinafter referred to as "Online Store").

1.3. The Terms and Conditions and the Purchase Agreement are primarily drawn up in Czech, unless the contracting parties agree on another language. The contractual relationship is governed by Czech law in its effective wording.

1.4 These Terms and Conditions define the relationship and the rights and obligations arising therefrom only between the seller and the buyer - a natural person who is not a sole trader and who enters into the contract exclusively outside the scope of their business activity or independent exercise of their profession.

1.5 The seller may change or supplement the wording of the terms and conditions pursuant to Section 1752 of Act No. 89/2012 Coll., the Civil Code. Any change to the terms and conditions will be notified to the buyer via the seller's website, specifically at https://www.acsforyou.cz, in the Terms and Conditions section, indicating the effective date of the new terms and the possibility to view previous versions.

The other party has the right to reject changes, in the case of a long-term contract for repeated performance, and to terminate the obligation for this reason within one month from the effective date of the new conditions.

2. Order of Goods and Conclusion of Purchase Agreement

2.1 The presentation of goods listed in the online store https://www.acsforyou.cz is not an offer to conclude a contract; it is for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding these goods.

2.2 Prices of goods include value-added tax, if the seller is a payer of such tax (VAT), excluding postage and packaging. The price stated for the goods is the final price for the goods. The price of the goods is valid for the period it is displayed in the online store https://www.acsforyou.cz.

2.3 The online store https://www.acsforyou.cz also contains information, in a specific place, about the costs associated with packaging and delivery of goods within the Czech Republic.

2.4 Costs associated with packaging and delivery of goods within the Czech Republic are always stated before submitting the order through this online store. Costs are calculated according to public and private price lists of shipping companies, depending on the weight, payment method, and delivery method chosen in the order form.

2.5 Before sending the order to the seller, the buyer is allowed to change and adjust the data they entered into the order and to check the accuracy of the entered data.

2.6 The buyer shall bear the costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of telephone calls, costs of internet connection, etc.) on the part of the buyer.

2.7 The buyer places an order for goods in the following ways:

a) the buyer "places" the ordered goods into the shopping cart of the online store by clicking the "Add to Cart" button, through their user account, if they have previously registered in the online store https://www.acsforyou.cz

b) the buyer "places" the ordered goods into the shopping cart of the online store by clicking 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 "Order" button. All data specified in the order are requested by the seller to be correct. The buyer hereby confirms that they have filled in all mandatory data correctly, to the best of their knowledge and conscience when creating the order, and by clicking the "Order" button, they agree 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 an order delivery confirmation to the buyer via email to the contact provided by the buyer in the order, or in the user account of the online store https://www.acsforyou.cz, where the buyer registered. This confirmation is not considered a conclusion of the purchase agreement.

2.11 Upon receipt of an order from the buyer, the seller has the right to contact the buyer for the purpose of supplementing missing data, and for any changes and adjustments to 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 their cooperation in concluding the purchase agreement.

2.13 The purchase agreement between the seller and the buyer is concluded only upon confirmation of the order by the seller. The seller will issue an order confirmation to the buyer and send it to the email address provided by the buyer in the order.

2.14 In the event of a technical malfunction on the part of the seller, clearly incorrect display of product prices, or combinations of discounts resulting in a minimal order price in the online store, the seller is not obligated to deliver the goods or services to the buyer at the stated price. This applies even if the order is confirmed or paid for by cashless payment (credit 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.acsforyou.cz

3. Price

3.1 The buyer can pay the price for the goods and any costs associated with shipping, product customization (if offered by the seller directly in the online store), by the following methods:

• in cash or by credit card upon delivery, at the pickup point• cashless to the seller's bank account: 943284002/5500

maintained at Raiffeisen BANK

3.2 The buyer is obliged to pay the seller the purchase price of the goods, as well as the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price hereinafter also refers to the costs associated with the delivery of the goods.

3.3 In the case of cash on delivery or cash payment, the price of the goods is payable upon receipt or on the day of delivery of the goods. In the case of cashless payment, the purchase price is payable within days from the conclusion of the purchase agreement.

3.4 In the case of cashless payment, the buyer is obliged to pay the purchase price together with the specified variable symbol to the seller's bank account. The buyer's obligation is fulfilled when the due amount of the purchase price is credited to the seller's account.

3.5 Pursuant to the provisions of Section 1820, paragraph 1, letter b) of the Civil Code, the seller does not require a deposit or any other similar payment from the buyer. Payment of the purchase price of the goods before their dispatch cannot be considered a deposit.

3.6 Any price advantages and discounts from the purchase price of goods cannot be combined, unless the seller decides otherwise. The buyer is always informed about possible combinations of discounts, advantages, etc., and the final price of the goods before submitting the order.

3.7. The tax document is prepared by the seller only after the purchase price of the goods has been paid by the buyer and is delivered by the seller to the buyer's e-mail address provided in the order and/or physically handed over upon personal collection of the goods at the seller's premises and/or sent to the buyer simultaneously with the goods.

4. Delivery of Goods

4.1 Delivery costs for goods are always stated in the order and subsequent confirmation issued by the seller, according to the specified delivery method and type.

4.2 The buyer is obliged to take over the goods at the place specified in the order; if they fail to do so, they risk non-delivery of the goods and their return to the seller. In the event of a subsequently requested repeated delivery by the seller, the buyer acknowledges repeated shipping costs amounting to their original price.

4.3 Upon receiving the goods from the carrier, the buyer is obliged to thoroughly check the shipment for damaged packaging or the goods themselves. If the buyer does not agree to accept the goods, they must immediately inform the carrier. If defects are found on the packaging or directly on the goods, the buyer is not obliged to accept the shipment from the carrier.

4.4 By paying for the goods and taking over the goods from the carrier, the buyer acquires ownership rights and all related obligations. Upon the buyer's acceptance of the goods, the risk of damage to the goods passes to the buyer.

4.5 Goods are delivered to the buyer:

• Through the company(ies): Zásilkovna

• To the address specified by the buyer in the order

• At the package pick-up point of the company: Zásilkovna, pickup is charged at 0 CZK.

• Personal collection at the seller's premises at: Waldertova 6, Karlovy Vary

4.6 Personal collection is not charged.

4.7 Goods are usually handed over to the carrier within 9 working days.

4.8 A buyer who chose the in-store pickup delivery method when ordering goods is obliged to pick up the goods within 30 days. The seller will inform the buyer about the possibility of personal pickup by sending a message to the email address or by phone call.

5. Customer Account

5.1 A buyer who registers in the online store https://www.acsforyou.cz can gain access to a user account, from which they can place orders for goods. If the store's functionality allows ordering goods without registration, the buyer can also order goods without registration.

5.2 When registering for a user account and when ordering goods, the buyer is obliged to provide correct and truthful information. In the event of a change in data, the buyer is obliged to update this data in the user account, or to notify the seller of this change without delay. The data filled in by the buyer is considered to be the sole and correct data.

5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and must not provide these data to a third party; if they do so, it is at their own risk. The operator of the website https://www.acsforyou.cz stores the buyer's account access data in encrypted form.

5.4 The seller is not responsible for any misuse of the user account by a third party.

5.5 The Seller reserves the right to cancel the buyer's user account, especially if the buyer does not actively use it for a demonstrable period longer than 12 months. Or if the buyer violates the obligations of the purchase agreement and these general terms and conditions or any other commercial agreement with the operator of the website https://www.acsforyou.cz.

5.6 The operator of the website https://www.acsforyou.cz is not obliged to ensure continuous operation of user accounts, especially for planned outages, updates or malfunctions.

6. Withdrawal from the Purchase Agreement

6.1 According to the provisions of Section 1837 of the Civil Code, the buyer cannot withdraw from the purchase agreement in the following cases:

• providing services, if they were fulfilled with their prior express consent before the expiry of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case they do not have the right to withdraw from the contract,

• delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the entrepreneur's will and which may occur during the period for withdrawal from the contract,

• delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the entrepreneur's will,

• delivery of goods that have been modified according to the consumer's wishes or for their person,

• delivery of goods subject to rapid decay, as well as goods that have been irreversibly mixed with other goods after delivery,

• repair or maintenance carried out at the place designated by the consumer at their request; this does not apply in the case of subsequent performance of repairs other than those requested or delivery of spare parts other than those requested,

• delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons,

• delivery of sound or video recordings or computer programs if they have broken their original packaging,

• delivery of newspapers, periodicals or magazines,

• accommodation, transport, catering or leisure activities, if the entrepreneur provides these services on a specified date,

• concluded on the basis of a public auction according to the law regulating public auctions, or

• delivery of digital content, if it was not delivered on a tangible medium and was delivered with the consumer's prior express consent before the expiry of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case they do not have the right to withdraw from the contract.

6.2 If the cases listed in paragraph 6.1 of these general conditions for withdrawal from the purchase agreement do not apply, the buyer is entitled, according to Section 1829, paragraph 1 of the Civil Code, to withdraw from the purchase agreement within 14 days of receiving the goods.

6.3 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawal from the purchase agreement begins to run from the delivery of the last part (goods).

6.4 Withdrawal from the purchase agreement must be sent to the seller within this period (no later than 14 days from the receipt of the last part, or ordered goods).

6.5 In case of withdrawal from the purchase agreement according to Section 1829, paragraph 1 of the Civil Code, the seller will 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 returned to the seller, or otherwise as agreed with the buyer.

6.6 The buyer shall return the goods to the seller; the goods must not be damaged, show signs of excessive use, or be soiled or otherwise devalued. If possible, the buyer shall also return the goods in their original packaging.

6.7 If the seller offers several delivery options for goods, upon withdrawal from the contract and return of the goods by the buyer to the seller, the buyer will always be refunded the postage amount according to the cheapest delivery method for that specific option. This amount will then be returned by the seller to the buyer, against the buyer's claim for a refund of the purchase price.

6.8 Monetary funds will be returned to the buyers in the same way they were received by the seller, unless otherwise agreed with the buyer.

6.9 If the order includes a gift from the seller, the buyer is not obliged to return this gift to the seller upon withdrawal from the purchase agreement.

6.10 Withdrawal from the purchase agreement must be sent to the seller at the delivery address stated in these terms and conditions or to the email address: accessy.for.you@gmail.com. The seller will promptly confirm receipt of the withdrawal from the purchase agreement to the buyer.

6.11 For withdrawal from the purchase agreement, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The contract withdrawal form is sent to the buyer along with the order confirmation and is also available for download separately at https://www.acsforyou.cz.

6.12 The seller is entitled to withdraw from the purchase agreement up to the moment the buyer takes over the goods. This can be done in several cases, such as stock depletion, interruption of goods delivery from the manufacturer or supplier, or due to unavailability of goods and other cases arising from a third party.

6.13 In the event of the seller's withdrawal from the purchase agreement, the seller will promptly inform the buyer via email, phone, or other communication channel. All received funds, including shipping costs from the buyer, will be returned by the seller in the same way, or in another way specified by the buyer.

7. Rights from Defective Performance

7.1 Rights arising from defective performance shall be governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as amended, and also by Act No. 634/1992 Coll., on Consumer Protection.

7.2 The seller is liable to the buyer that the item is free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the item,

• the item has the properties agreed upon by the parties, and if no agreement has been made, such properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and on the basis of their advertising,

• the item is suitable for the purpose stated by the seller for its use or for which an item of that kind is usually used,

• the item corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

• the item is in the appropriate quantity, measure or weight,

• the goods comply with legal requirements.

7.3 If a defect becomes apparent within six months of receipt, the item shall be presumed to have been defective at the time of receipt.

7.4 If the nature of the goods or service allows it, the buyer has the right to inspect or demonstrate the product's function.

7.5 If the buyer did not notify the defect without undue delay after they could have discovered it with a timely inspection and sufficient care, the court will not grant them the right from defective performance. The same applies to a hidden defect, 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 the delivery of the item.

7.6 If a defect occurs in the goods that prevents their normal use, the buyer may assert their rights from defective performance ("complaint") with the seller and demand:

• elimination of the defect by delivering new goods without defects or by supplying missing defects

• a reasonable discount on the purchase price,

• elimination of the defect by repairing the item

• withdrawal from the contract.

7.7 The buyer is entitled to withdraw from the purchase agreement if the goods:

• exhibit a significant defect that prevents their usual use,

• if the goods cannot be used due to recurring defects, even after repair,

• in case of multiple defects (3 or more defects).

7.8 The buyer shall inform the seller in writing of the right they have chosen when notifying the defect, or without undue delay after notifying the seller of the defect. The buyer cannot change the choice made without the seller's consent; this does not apply if the buyer requested a repair of a defect that proves to be unrepairable.

7.9 Until the buyer asserts the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remove a legal defect. Other defects may be removed by the seller, at their discretion, by repairing the item or by delivering a new item; the choice must not cause unreasonable costs to the buyer.

7.10 The buyer cannot exercise the right from defective performance if they knew about the defect at the time of taking over the goods, or if they caused it themselves.

7.11 The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature and type of goods allow it.

7.12 The seller will notify the buyer in writing of the outcome of the complaint.

7.13 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from the receipt of the goods. However, if it is goods with an indicated expiration date, in such a case the period is shortened to the expiration date indicated on the packaging.

7.14 If the buyer did not report the defect of the item in time, they lose the right to withdraw from the contract.

8. Out-of-court dispute resolution

8.1 Mutual disputes between the seller and the buyer are resolved by general courts.

8.2 Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the buyer has the right to out-of-court settlement of a consumer dispute arising from a purchase agreement. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority (ČOI) at Štěpánská 567/15, 120 00, Prague 2 - Nové Město. Information on how to proceed in the event of out-of-court settlement of consumer disputes, including the possibility of submitting a proposal, can be found on the websites https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.

8.3 Assistance in cross-border out-of-court resolution of consumer disputes is provided by the European Consumer Centre Czech Republic (ESC CR). The contact address of the ESC CR is Štěpánská 567/15, 120 00 Prague 2 - Nové Město. Advice and information on individual markets, including the platform for out-of-court resolution of consumer disputes, can be found on the websites https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.

9. Final Provisions

9.1 Agreements arising from these terms and conditions and the purchase agreement concluded thereunder between the buyer and the seller, in the event of entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the buyer's rights under Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other outage of the online store, the seller is not responsible for the impossibility of fulfilling the order.

9.3 Deviating arrangements may be agreed upon in the purchase agreement, which then take precedence over the provisions of these terms and conditions.

9.4 The Seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect rights and obligations according to the previous version of the general terms and conditions.

These terms and conditions come into effect on May 30, 2022.

10. Complaints Procedure

10.1 This complaints procedure is an integral part of the general terms and conditions of the online store https://www.acsforyou.cz and defines the basic conditions and method of claiming defects in goods by the buyer.

This complaints procedure is based on the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection. This complaints procedure defines the relationship between the seller and the buyer - a natural person who is not an entrepreneur and who concludes a contract exclusively outside the scope of their business activity or independent exercise of their profession.

10.2 The buyer is obliged to familiarize themselves with the general terms and conditions and the complaints procedure before ordering goods. At the latest, the buyer will familiarize themselves with them before submitting an order in the online store https://www.acsforyou.cz, by confirming their understanding and agreement by checking the appropriate box when creating the order itself. Without checking this box, the buyer's order cannot be submitted. The seller/operator of the website https://www.acsforyou.cz records the buyer's orders, and also records the checking of the mentioned box.

10.3 The conclusion of the purchase agreement and the buyer's acceptance of the goods are considered consent to the complaints procedure and the terms and conditions.

10.4 The buyer is obliged to prove the purchase of goods in the online store https://www.acsforyou.cz, especially by a tax document issued by the seller.

10.5 To speed up the complaint process, the buyer may describe defects in the goods and choose a method of resolving the complaint.

10.6 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawal from the purchase agreement begins to run from the delivery of the last part (goods). Withdrawal from the purchase agreement must be sent to the seller within this period (no later than 14 days from the receipt of the last part, or ordered goods).

10.7 The seller is liable to the buyer that the item is free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the item,

• the item has the properties agreed upon by the parties, and if no agreement has been made, such properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and on the basis of their advertising,

• the item is suitable for the purpose stated by the seller for its use or for which an item of that kind is usually used,

• the item corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

• the item is in the appropriate quantity, measure or weight,

• the goods comply with legal requirements.

10.8 If a defect becomes apparent within six months of receipt, the item shall be presumed to have been defective at the time of receipt.

10.9 The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature of the goods allows it. The address for receiving goods for complaint is: accessy.for.you@gmail.com.

10.10 The seller will notify the buyer in writing of the receipt of the goods for complaint and the outcome of the complaint.

10.11 This complaints procedure regulates the claiming of defects that occur in goods within twenty-four (24) months from receipt, or within the scope of a quality guarantee (e.g., extended warranty).

10.12 This complaints procedure does not apply to goods with an indicated expiration date within the meaning of Article 10.15 of these terms.

10.13 If the seller does not remove the defect in time or refuses to remove it, the buyer may demand a discount on the purchase price or may withdraw from the purchase agreement.

10.14 The buyer may file a complaint and, at their discretion, request a resolution according to the points in paragraph 6.6 of the seller's Terms and Conditions.

10.15 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from receipt. However, if it is goods with an indicated expiration date, in such a case the period is shortened to the expiration date indicated on the packaging.

10.16 If the buyer requests it, the seller shall confirm to them in writing the extent and duration of their obligations in the event of defective performance. The seller has obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance last.

10.17 If necessary, the seller shall explain in the confirmation, in an understandable manner, the content, scope, conditions and duration of their liability, as well as how to exercise the rights arising therefrom. In the confirmation, the seller shall also state that other rights of the buyer related to the purchase of the item are not affected.

Failure to fulfill these obligations does not prejudice the validity of the confirmation.

This complaints procedure becomes effective on May 30, 2022.

Delivery address for sending contract withdrawal: accessy.for.you@gmail.com.