1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of CorArs Agency s.r.o., with its registered office at Měcholupy 45, 335 51, Nepomuk, ID No.: 23688149, registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C 47228, (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751(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 or legal entity (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 corars.shop (hereinafter referred to as the “Website”), specifically through the Website interface (hereinafter referred to as the “Store Interface”).
1.2 Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
1.3 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4 The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 Upon registering on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the “user account”). The buyer may also place orders for goods without registration directly through the store’s web interface.
2.2 When registering on the website and when ordering goods, the buyer is required to provide all information correctly and truthfully. The buyer is required to update the information provided in the user account in the event of any changes, no later than before making a purchase. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3 Access to the user account is secured by a username and password or via external login services such as Google or Facebook. The buyer is obligated to maintain confidentiality regarding the information necessary to access their user account.
2.4 The Seller may cancel the user account at any time at its discretion if the Buyer breaches their obligations under the purchase agreement (including the Terms and Conditions) or if the Seller deems it appropriate or necessary.
2.5 The Buyer acknowledges that the user account may not be available continuously, particularly in light of necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1 All product presentations on the store’s website are for informational purposes only, and the Seller is under no obligation to enter into a purchase agreement regarding such products. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2 The prices of the goods are listed inclusive of all related fees. The seller is a VAT payer. The prices of the goods remain valid for as long as they are displayed on the store’s website. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated terms.
3.3 The store’s website also contains information about the costs associated with packaging and delivery of goods to all countries to which we ship.
3.4 To order goods, the buyer fills out the order form on the store’s website. The order form contains, in particular, information regarding:
- 4.1 the goods being ordered (the buyer “adds” the ordered goods to the electronic shopping cart on the store’s website),
- 4.2 the method of payment for the purchase price of the goods, details regarding the requested delivery method for the ordered goods, and
- 4.3 information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
3.5 Before sending the order to the seller, the buyer is allowed to review and modify the information entered into the order, including the ability to identify and correct errors made while entering data into the order. The Buyer submits the order to the Seller by clicking the “Submit Order” button. The information provided in the order is considered correct by the Seller. Immediately upon receiving the order, the Seller shall confirm receipt to the Buyer via email, specifically to the email address provided by the Buyer in the user account or in the order (hereinafter referred to as the “Buyer’s email address”).
3.6 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the order from the Buyer (for example, in writing or by phone).
3.7 The contractual relationship between the Seller and the Buyer is established upon delivery of the order confirmation (acceptance), which the Seller sends to the Buyer via email to the email address the Buyer provided in the order.
3.8 The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- 1.1 by bank transfer to the seller’s account held with Moneta (hereinafter the “seller’s account”). If you pay by bank transfer, please pay the purchase price and include the correct payment reference number, which is the order number. If you do not enter this payment reference, we may be unable to match the payment of the purchase price with the purchase agreement, and the goods will not be shipped to you on time;
- 1.2 by credit card.;
4.2 In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of the goods.
4.3 The seller may require a deposit from the buyer if the buyer orders a quantity of products greater than usual or for an amount exceeding 10,000 Czech korunas. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of a cashless payment by bank transfer, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.5 The buyer is required to pay the purchase price of the goods, including the payment reference number. The buyer’s obligation to pay the purchase price is fulfilled upon the relevant amount being credited to the seller’s account.
4.6 The seller and the buyer have agreed that the full purchase price must be paid before the goods are shipped to the buyer.
4.7 Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8 The seller will issue an invoice to the buyer for payments made under the purchase agreement. The seller will issue the invoice to the buyer after the purchase price has been paid and will send it electronically to the buyer’s email address.
4.9 Pursuant to the Act on the Registration of Sales, the Seller is required to issue a receipt to the Buyer. The Seller is also required to register the received sales revenue with the tax administrator online; in the event of a technical failure, this must be done within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1 A buyer who is a consumer—that is, a person entering into a contract outside the scope of their business or similar gainful activity—has the right to withdraw from the contract within 14 days of delivery of the goods; if the purchase contract covers multiple types of goods or the delivery of multiple parts, this period begins on the day the goods are received. This section of the Terms and Conditions applies only to consumers. However, in certain cases, a consumer buyer does not have the right to withdraw from the contract under this section. Specifically, the buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the delivery of goods that have been modified according to the buyer’s wishes or for the buyer’s personal use.
5.2 Withdrawal from the contract must be made within 14 days of delivery of the goods. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which is attached to these Terms and Conditions. The buyer may send the notice of withdrawal from the purchase contract, among other things, to the seller’s business address or to the seller’s email address rdt7y9k. The buyer may also withdraw from the contract in any other sufficiently clear manner addressed to the seller.
5.3 In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the outset. The goods must be returned to the seller within fourteen (14) days of the buyer’s withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by standard mail due to their nature.
5.4 In the event of withdrawal from the contract, the seller shall refund the funds received from the buyer, including the shipping costs paid by the buyer for the delivery of the goods from the seller to the buyer, within fourteen (14) days of the buyer’s withdrawal from the purchase contract, via electronic transfer to the buyer’s account. If the buyer withdraws from the purchase contract, the seller is not obligated to refund the funds received to the buyer until the buyer returns the goods to the seller or provides proof that the goods have been shipped to the seller. The seller will refund only the lowest possible shipping costs that they offer.
5.5 In cases where the buyer has the right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, up until the buyer takes delivery of the goods. In such a case, the seller shall refund the purchase price to the buyer, including shipping and handling costs, without undue delay, via bank transfer to the account designated by the buyer or to the account from which the funds were received. The seller shall send notice of withdrawal from the contract to the buyer’s email address.
5.7 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded subject to the condition subsequent that, if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective, and the buyer is obligated to return the gift provided to the seller along with the goods.
6. SHIPPING AND DELIVERY OF GOODS
6.1 If, under the purchase agreement, the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.
6.2 If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method. In such a case, the buyer is obligated to pay these costs no later than 14 days from the seller’s request to the account specified in the request.
6.3 Upon receipt of the goods from the carrier, the seller requests that the buyer inspect the packaging for damage and, in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
6.4 The Buyer acknowledges that the goods are manufactured as a finished product only upon the Buyer’s order. The delivery time for the goods is specified in the product description and is approximate. The delivery time may be extended in the event of unforeseen circumstances or a shortage of components necessary for the production of the goods on the part of the seller or the seller’s suppliers; the seller will always inform the buyer of such circumstances, and if the buyer is not interested in the delayed delivery, they may withdraw from the contract.
6.5 The Seller may split the order and deliver the ordered goods in separate shipments. In such a case, the Seller undertakes to bear the costs associated with repeated shipping, unless otherwise specified for the goods.
6.6 The Seller may delay the delivery of goods in the event of “force majeure” (e.g., natural disasters, death, war, alien invasion, accidents, cyberattacks, or illness, etc.). In the event of force majeure, the Seller shall not be liable for any damage caused as a result of or in connection with such force majeure events, and if the force majeure situation persists for more than 10 days, the Seller is entitled to withdraw from the purchase agreement.
6.8 The Seller reserves the right to withdraw from the purchase agreement if the ordered goods are not in stock and will not be restocked within 30 days of the conclusion of the purchase agreement. This delivery period does not apply to goods for which a longer delivery time is expressly stated on this online store interface.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The Seller warrants to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants to the Buyer that at the time the Buyer took delivery of the goods:
- 11 the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement, they possess the characteristics described by the seller or manufacturer or those the buyer expected given the nature of the goods and based on the seller’s advertising,
- 1.2 the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
- 1.3 the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on an agreed sample or model,
- 1.4 the goods are in the appropriate quantity, measure, or weight, and
- 1.5 the goods comply with legal requirements.
7.2 If the buyer is a consumer, we are liable for defects arising after the goods are taken over during a 24-month warranty period, unless another period is specified.
7.3 The provisions set forth in Article 7.1 of the Terms and Conditions do not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods.
7.4 The buyer shall exercise their rights arising from defective performance with the seller at the address of the seller’s place of business.
7.5 Goods that, in the buyer’s opinion, contain a defect shall be sent by the buyer together with the complaint form to the seller’s specified address. Please note that for technical reasons, we cannot accept returned goods on a cash-on-delivery basis.
7.6 The form or cover letter accompanying the complaint must include the following information:
- 6.1 the buyer’s contact information, a description of the defect, and a request regarding how the complaint should be handled;
- 6.2 proof of purchase (preferably by attaching the receipt).
7.7 The goods should be packed in suitable packaging during transport to prevent damage; they must be clean and complete. Otherwise, the seller is not obligated to process the complaint and will return the goods to the buyer at the buyer’s expense.
7.8 If the buyer is a consumer, upon filing a complaint, they will receive a written confirmation via email—a complaint report—which serves as documentation for the resolution of the complaint. The complaint report includes information on when the complaint was filed, its content, and the method of resolution requested by the buyer.
7.9 If the buyer is a consumer and a defect becomes apparent within six months of receipt, the goods are presumed to have been defective at the time of receipt. Otherwise, the buyer is entitled to exercise their right regarding a defect that occurs in consumer goods within twenty-four months of receipt.
7.10 If the period during which the goods may be used is specified on the goods being sold, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions regarding the quality guarantee shall apply if the buyer is a consumer. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties.
7.11 If the buyer has justifiably reported a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the duration during which the buyer cannot use the defective goods.
7.12 The warranty and claims arising from liability for defects do not apply to:
- 12.1 wear and tear of the goods resulting from their normal use;
- 12.2 used goods where the defect corresponds to the degree of wear and tear;
- 12.3 defects of which the buyer was aware or which the buyer caused themselves, e.g., if they tore a part of the garment.
7.13 During the warranty period, the buyer may file a complaint and, at their discretion, request the following for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or irreparable):
- 13.1 rectification of the defect by delivering a new item free of defects or by delivering the missing item;
- 13.2 free rectification of the defect by repair;
- 13.3 a reasonable discount on the purchase price; or
- 13.4 a refund of the purchase price based on withdrawal from the contract.
7.14 A material breach of contract is one of which the breaching party knew or should have known at the time of concluding the contract that the other party would not have entered into the contract had it foreseen such a breach.
7.15 In the case of a defect constituting a minor breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
7.16 If a remediable defect recurs after repair (typically the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (generally at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, replacement of the goods, or to withdraw from the contract.
7.17 Rights arising from liability for defects in the goods shall be exercised with the seller.
7.18 When filing a complaint, the buyer is required to inform the seller of the remedy chosen. Changing this choice without the seller’s consent is possible only if the buyer requested repair of a defect that proves to be irreparable. If the buyer does not exercise their right arising from a material breach of contract in a timely manner, they have the same rights as in the case of a non-material breach of contract.
7.19 If repair or replacement of the goods is not possible, the buyer may, upon withdrawal from the contract, demand a full refund of the purchase price.
7.20 If the seller proves that the buyer was aware of the defect in the goods prior to acceptance or caused the defect themselves, the seller is not obligated to comply with the buyer’s claim.
7.21 An obstacle caused by force majeure is not considered a defect in performance.
7.22 If the buyer is a consumer, the seller shall decide on the complaint immediately, or within three business days at the latest in more complex cases, or determine that an expert assessment is necessary for the decision. The seller shall also inform the buyer of the need for an expert assessment within this period.
7.23 If the buyer is a consumer, the seller shall resolve the complaint, including the rectification of the defect, without undue delay, no later than 30 days from the date of its filing, unless we agree in writing with the buyer on a longer period. Upon the expiration of this period, the buyer shall have the same rights as if it were a material breach of contract. The seller shall send the buyer an electronic confirmation of the date and method of complaint resolution, confirmation of the repair, and the duration of the complaint process, or, if applicable, a justification for the rejection of the complaint. The warranty period is extended by the time from the filing of the complaint until its resolution or until the time when the buyer was required to pick up the goods.
7.24 If the buyer is a business, the seller shall decide on the complaint, or determine whether an expert assessment is required for the decision, as soon as possible. Within a reasonable time, the seller will assess your complaint and send the buyer written confirmation of the date and method of resolving the complaint, confirmation of the repair and the duration of the complaint process, or, if applicable, a justification for rejecting the complaint.
7.25 As a consumer, you have the right to reimbursement of reasonable costs incurred in filing a complaint; these costs are understood to be the lowest possible. You must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights arising from defective performance; otherwise, you may not be granted reimbursement. As a business entity, you do not have this right. Additional rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaint policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 If the buyer is a consumer, they have the right to out-of-court resolution of consumer disputes under the Consumer Protection Act. To do so, you may contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,web: adr.coi.cz). The resolution process will only be initiated at the consumer’s request, specifically if the dispute cannot be resolved directly with the seller. The consumer may file a request no later than 1 year from the date on which they first exercised their right with the seller. It is also possible to initiate out-of-court dispute resolution online via the ODR platform available here: ec.europa.eu/consumers/odr/.
8.4 The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DELIVERY
9.1 Deliveries to the Buyer may be made to the Buyer’s email address.
10. FINAL PROVISIONS
10.1 If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended. This does not affect the consumer’s rights arising from generally binding legal regulations.
10.2 If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity of the remaining provisions.
10.3 The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form.
10.4 A sample form for withdrawing from the purchase agreement is attached to the Terms and Conditions.
10.5 Seller’s contact information: mailing address Měcholupy 45, email address rdt7y9k, phone +420705964129.
10.6 The Seller shall not be liable for errors arising from third-party interference with the store’s website or from its use contrary to its intended purpose.
10.7. The Seller may amend or supplement the Terms and Conditions; the Buyer may always find the current version on the store’s website. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
