Terms of service

I. Basic Provisions

1. These general terms and conditions (hereinafter the "terms and conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code")

• Space of Space s.r.o.
• IČ: 10775528, DIČ: CZ10775528
• with registered office at: U strouhy 240/21, Praha – Miškovice, 196 00
• registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 348231
• contact details:
• email: info@spaceofspace.cz
• phone: +420721273883, +420728522811
• www: www.spaceofspace.cz

(hereinafter the "seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter: the "buyer") through the web interface located on the website available at the internet address www.spaceofspace.cz (hereinafter the "online store").

3. The provisions of the terms and conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information on Goods and Prices

1. Information on the goods, including the prices of individual goods and their main characteristics, is stated for each item in the online store catalogue. The prices of goods are stated inclusive of value added tax, all related fees and the costs of returning the goods, if such goods by their nature cannot be returned by ordinary post. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed terms.

2. All presentation of goods placed in the online store catalogue is for informational purposes only and the seller is not obliged to conclude a purchase contract in respect of such goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of goods stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

III. Order and Conclusion of the Purchase Contract

1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of the internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.

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

through their customer account, if they have previously registered in the online store, by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data they have entered into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data stated in the order are deemed correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that they have read these terms and conditions.

5. Immediately after receiving the order, the seller shall send the buyer a confirmation of receipt of the order to the email address the buyer entered when ordering. This confirmation is deemed to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order sent to the buyer's email address.

6. In the event that the seller cannot fulfil any of the requirements stated in the order, the seller shall send the buyer an amended offer to their email address. The amended offer is deemed a new proposal for a purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer sent to the seller at its email address stated in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel an order until the buyer has received the seller's notice of acceptance of the order. The buyer may cancel the order by telephone at the seller's telephone number or by email to the seller's address stated in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller in stating the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this manifestly incorrect price. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended offer to their email address. The amended offer is deemed a new proposal for a purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance sent to the seller's email address.

IV. Customer Account

1. On the basis of the buyer's registration made in the online store, the buyer may access their customer account. From their customer account, the buyer may order goods. The buyer may also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data stated in the user account whenever they change. The data stated by the buyer in the customer account and when ordering goods are deemed correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to their customer account. The seller bears no liability for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The seller may cancel a user account, in particular if the buyer has not used their user account for a longer period, or in the event that the buyer breaches their obligations under the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• cashless by payment card,
• cashless by transfer to the seller's account via the GoPay payment gateway,
• cash on delivery in cash upon handover of the goods.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also be understood to include the costs associated with the delivery of goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance or other similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not an advance.

7. Under the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sale with the tax administrator online, or, in the event of a technical outage, within 48 hours at the latest

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order.

9. The method of delivery is selected during the ordering of goods.

10. The costs of delivery of goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In the event that, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of finding damage to the packaging indicating unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.

13. The seller shall issue the buyer a tax document, namely an invoice. The tax document is sent to the buyer's email address.

14. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but not before receipt of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to accept the goods but, in breach of the purchase contract, failed to do so.

VI. Withdrawal from the Contract

1. A buyer who has concluded a purchase contract outside the scope of their business activity, as a consumer, has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The buyer may not, among other things, withdraw from a purchase contract:

• for the provision of services, if they have been performed with the buyer's prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
• for the supply of goods or services whose price depends on fluctuations in the financial market independent of the will of the seller and which may occur during the period for withdrawal from the contract,
• for the supply of alcoholic beverages which may be delivered only after thirty days have elapsed and whose price depends on fluctuations in the financial market independent of the will of the seller,
• for the supply of goods that have been modified according to the buyer's wishes or for the buyer personally,
• for the supply of perishable goods, as well as goods which, after delivery, have been irreversibly mixed with other goods,
• for the supply of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
• for the supply of an audio or video recording or a computer program, if the buyer has broken their original packaging,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content, if it was not supplied on a tangible medium and was supplied with the buyer's prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before the conclusion of the contract that in such a case the buyer has no right to withdraw from the contract,
• in other cases specified in § 1837 of the Civil Code.

4. To comply with the period for withdrawal from the contract, the buyer must send the notice of withdrawal within the period for withdrawal from the contract.

5. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address stated in these terms and conditions. The seller shall inform the buyer without undue delay of the receipt of the withdrawal from the contract.

6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by ordinary post due to their nature.

7. If the buyer withdraws from the contract, the seller shall return to the buyer without undue delay, but no later than within 14 days of the withdrawal from the contract, all funds, including delivery costs, received from the buyer, and in the same manner. The seller shall return the received funds to the buyer in another manner only if the buyer agrees to it and if it does not cause the buyer any additional costs.

8. If the buyer chose a method of delivery other than the cheapest method of delivery of goods offered by the seller, the seller shall refund the buyer the costs of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that the goods have been sent to the seller.

10. The buyer must return the goods to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to stock being sold out, unavailability of the goods, or where the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall inform the buyer without undue delay via the email address stated in the order and shall return, within 14 days of the notice of withdrawal from the purchase contract, all funds, including delivery costs, received from the buyer under the contract, and in the same manner, or in a manner specified by the buyer.

VII. Rights Arising from Defective Performance

1. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer received the goods:

• the goods have the characteristics agreed by the parties and, in the absence of such agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
• the goods are suitable for the purpose which the seller states for their use or for which goods of this kind are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.

2. The seller has obligations arising from defective performance at least to the extent to which the manufacturer's obligations arising from defective performance persist. Otherwise, the buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within a period of twenty-four months from receipt.

3. If the period for which the goods may be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be fit for use for their usual purpose or will retain their usual characteristics for a certain period. If the buyer has rightfully notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.

4. The provisions stated in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the buyer, or if this follows from the nature of the goods. The buyer is not entitled to the right arising from defective performance if, before receiving the goods, they knew that the goods had a defect, or if the buyer caused the defect themselves.

5. In the event of a defect, the buyer may submit a complaint to the seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• to withdraw from the contract.

6. The buyer has the right to withdraw from the contract:

• if the goods have a material defect,
• if they cannot properly use the item due to the repeated occurrence of a defect or defects after repair,
• in the case of a larger number of defects in the goods.

7. A material breach of contract is one which the party in breach of the contract knew or should have known, already at the time of conclusion of the contract, that the other party would not have concluded the contract had it foreseen such a breach.

8. In the case of a defect that constitutes a non-material breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.

9. If a remediable defect has occurred repeatedly after repair (usually the third complaint for the same fault or the fourth for different faults) or the goods have a larger number of defects (as a rule at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, replacement of the goods or to withdraw from the contract.

10. When submitting a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller's consent is possible only if the buyer requested the repair of a defect that proves to be irremediable. If the buyer does not choose their right arising from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, request a refund of the purchase price in full.

12. If the seller proves that the buyer knew about the defect in the goods before receipt or caused it themselves, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot make a complaint about discounted goods on account of the reason for which the goods in question are discounted.

14. The seller is obliged to accept a complaint at any establishment where acceptance of the complaint is possible, or also at the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and the duration thereof, or a written justification for the rejection of the complaint.

15. The seller or an employee authorised by the seller shall decide on the complaint immediately, or in complex cases within three working days. This period does not include the time, reasonable according to the type of product or service, required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than within 30 days from the date the complaint was made, unless the seller and the buyer agree on a longer period. The expiry of this period without result is deemed a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of making a complaint is deemed to be the moment when the buyer's expression of will (exercise of the right arising from defective performance) reaches the seller.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer is not entitled to the right arising from defective performance if, before receiving the item, the buyer knew that the item had a defect, or if the buyer caused the defect themselves.

18. In the case of a justified complaint, the buyer has the right to reimbursement of costs reasonably incurred in connection with the making of the complaint. The buyer may exercise this right against the seller within one month after the expiry of the warranty period, otherwise the court need not grant it.

19. The choice of the method of complaint lies with the buyer.

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

VIII. Delivery of Correspondence

1. The contracting parties may deliver all written correspondence to each other by electronic mail.

2. The buyer delivers correspondence to the seller at the email address stated in these terms and conditions. The seller delivers correspondence to the buyer at the email address stated in their customer account or in the order.

IX. Personal Data

1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent to do so, we will not use data about you in any manner other than for the purpose of performance under the contract, with the exception of the email address to which commercial communications may be sent to you, as this procedure is permitted by law unless you refuse it. These communications may relate only to similar or related goods and you can unsubscribe from them at any time in a simple manner (by sending a letter, an email or by clicking on the link in the commercial communication). For this purpose, the email address will be retained for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on the protection of personal data can be found in the Privacy Policy.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs, has jurisdiction over the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of 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 online dispute resolution for consumer disputes).

3. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out, within the scope of its competence, by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, within a defined scope, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final Provisions

1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

2. The contracting parties have agreed, in accordance with § 89a of the Code of Civil Procedure, No. 99/1963 Coll., as amended, that the court having local jurisdiction in the event of disputes arising from the purchase contract or these terms and conditions shall be the general court competent according to the registered office of the Seller.

3. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 (1) (e) of the Civil Code.

4. All rights to the seller's website, in particular the copyright to the content, including the page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the seller's consent.

5. The seller bears no liability for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not carry out any activity that could enable the buyer or third parties to interfere without authorisation with, or make unauthorised use of, the software or other components forming the online store, or to use the online store or its parts or software in a manner that would be contrary to its intended use or purpose.

6. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 (2) of the Civil Code.

7. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

8. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

These terms and conditions take effect on 1 December 2020.