Terms and Conditions

TERMS AND CONDITIONS

These General Terms and Conditions ("Terms") of onefeel.eu, with its registered office at Oty Pavla 870, Ostrava Svinov, 72100, Identification Number 09650849 registered in the Commercial Register kept by the Regional Court in Ostrava, email address info@onefeel.eu, telephone number 607224750 ("We" or "Seller") regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you as buyers and us as sellers arising in connection with or based on the purchase agreement ("Agreement") concluded through the E-shop on the onefeel.eu website.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which can be found on our website.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We reserve the right to unilaterally amend or supplement these Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms.

As you are aware, we primarily communicate remotely. Therefore, our Agreement also uses means of remote communication that allow us to reach an agreement without the simultaneous physical presence of us and you. The Agreement is concluded remotely through the E-shop environment, using the web interface of the website ("E-shop web interface").

If any part of the Terms contradicts what we have agreed upon in the course of your purchase on our E-shop, that specific agreement will take precedence over the Terms.

SOME DEFINITIONS

  • Price is the financial amount that you will pay for the Goods.
  • Shipping cost is the financial amount that you will pay for the delivery of the Goods, including the cost of packaging.
  • Total price is the sum of the Price and the Shipping cost.
  • VAT is the value-added tax in accordance with applicable legal regulations.
  • Invoice is a tax document issued in accordance with the value-added tax law on the Total price.
  • Order is your irrevocable proposal to conclude a purchase agreement for the Goods with us.
  • User account is an account created based on the information provided by you, which allows you to store entered data and the history of ordered Goods and concluded Agreements.
  • You are the person buying on our E-shop, referred to as the buyer by legal regulations.
  • Goods are everything that you can purchase on the E-shop.

GENERAL PROVISIONS AND NOTICE The purchase of Goods is possible only through the web interface of the E-shop. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you provide to us when ordering Goods will be considered correct and truthful.

CONCLUSION OF THE AGREEMENT The Agreement with us can only be concluded in the Czech language. The Agreement is concluded remotely through the E-shop, with the costs of using remote communication means being borne by you. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access). By submitting the Order, you agree that we use remote communication means. In order to conclude the Agreement, you need to create a proposal for the Order on the E-shop. This proposal must include the following information: a) Information about the purchased Goods (on the E-shop, you select the Goods you want to purchase by clicking the "Add to Cart" button); b) Information about the Price, Shipping cost, method of payment of the Total price, and the desired method of Goods delivery; this information will be entered as part of the Order proposal within the E-shop user interface, with information about the Price, Shipping cost, and Total price being automatically displayed based on the selected Goods and delivery method; c) Your identification and contact details for the delivery of Goods, including your name, surname, delivery address, telephone number, and email address; d) In the case of an Agreement under which we will regularly and repeatedly deliver Goods to you, also information about how long we will deliver the Goods to you. During the creation of the Order proposal, you can change and check the details until it is created. After verifying by clicking the "Order binding for payment" button, you will create the Order. However, before clicking the button, you must confirm your awareness of and agreement with these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and agreement. After clicking the "Order binding for payment" button, all entered information will be sent directly to us. We will confirm your Order as soon as possible after it is delivered to us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Agreement is concluded between us and you. The Terms in effect on the day of the Order form an integral part of the Agreement. There may be cases in which we cannot confirm the Order. This especially applies to cases where you provided incorrect or incomplete information during the Order, or we no longer deliver the Goods you ordered or their price has changed significantly. In such cases, the Agreement is not concluded, and we will inform you of this fact by email. In this case, the funds paid for the Order or its part will be returned to you within the statutory period, usually within 14 days from the delivery of your notification.

If you have any further questions or need clarification on any specific part of these terms, please feel free to ask.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that, at the time of the transfer of the risk of damage to the Goods under Article VI.7 of the Terms, the Goods are free from defects, in particular that: a) it has the characteristics that we have agreed with you, and if they have not been expressly agreed, then such characteristics that we have stated in the description of the Goods, or such characteristics that can be expected with regard to the nature of the Goods; b) it is suitable for the purposes we have stated or for the purposes that are customary for goods of this type; c) it corresponds to the quality or performance of the agreed sample, if the quality or performance has been determined according to the sample; d) it is in the appropriate quantity and weight; e) it complies with the requirements imposed on it by legal regulations; f) it is not encumbered with the rights of third parties. Rights and obligations concerning rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended). In the event that the Goods are defective, especially if any of the conditions under Article VII.1 are not met, you can notify us of such defect and exercise your rights arising from defective performance (i.e., lodge a complaint about the Goods) by sending an email or letter to our addresses provided in our identification details. You can also use a sample form provided by us for making a complaint, which constitutes Annex No. 1. When exercising the right arising from defective performance, you must choose how you want the defect to be resolved, and you cannot change this choice subsequently, except in cases under Article 7.4, without our consent. We will handle the complaint in accordance with the right arising from defective performance that you have applied. In the event that you do not choose a defect resolution, you have the rights specified in Article 7.5 even in cases where defective performance has constituted a material breach of the contract. If defective performance constitutes a material breach of the contract, you have the following rights: a) to have the defect rectified by the delivery of new defect-free Goods or by the delivery of the missing part of the Goods; b) to have the defect rectified by the repair of the Goods; c) to a reasonable price reduction; d) to withdraw from the contract. If you choose to have the defect rectified under points a) or b) and we do not rectify the defect in a reasonable period that we have indicated, or if we inform you that we will not rectify the defect in this manner at all, you have the rights under points c) and d), even if you did not originally request them as part of the complaint. Furthermore, if you choose to rectify the defect by repairing the Goods and we find that the defect is unrepairable, we will notify you, and you can choose another method of defect rectification.

If defective performance constitutes a non-material breach of the contract, you have the following rights: a) to have the defect rectified by the delivery of new defect-free Goods or by the delivery of the missing part of the Goods; b) to have the defect rectified by the repair of the Goods; c) to a reasonable price reduction. However, if we do not rectify the defect on time or refuse to rectify the defect, you have the right to withdraw from the contract. You can also withdraw from the contract if you cannot use the Goods properly due to the repeated occurrence of defects after the repair of the Goods or in the case of a larger number of defects in the Goods.

In the case of both material and non-material breaches, you cannot withdraw from the contract or request the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases: a) if the condition of the Goods has changed due to an inspection to determine the defect; b) if the Goods have been used before the discovery of the defect; c) if the impossibility of returning the Goods in an unchanged condition was not caused by your actions or omissions; d) if you sold, consumed, or modified the Goods before the discovery of the defect. However, if this occurred only in part, it is your obligation to return the part of the Goods that can be returned, and in such a case, you are liable for the resulting decrease in the value of the Goods.

In cases of withdrawal from the contract, you will return the Goods to us, and we will return to you everything we have received from you, including the costs of delivering the Goods to you, in the same manner within fourteen (14) days of the withdrawal from the contract on your part. We will return the received funds to you in a different manner only if you agree to it and if you do not incur any additional costs as a result. If you withdraw from the contract, we will not be obligated to return the received funds to you before you return the Goods to us or prove that you have sent the Goods to us. If you withdraw from the contract, you will bear the costs of returning the Goods to us, even if the Goods cannot be returned by ordinary mail due to their nature.

In cases where it is not possible to withdraw from the contract, you can request a reasonable price reduction or rectification of the defect. You have the right to a reasonable price reduction also in cases where we cannot deliver new Goods without defects, replace a part of the Goods, or repair the Goods, as well as in cases where we do not rectify the defect within a reasonable period or if the rectification would cause you considerable difficulties.

If you do not withdraw from the contract or do not exercise the right to a price reduction, you can request the delivery of new Goods without defects or the replacement of a part of the Goods. If the defect only concerns a part of the Goods, you can only request the replacement of that part; if this is not possible, you can withdraw from the contract. However, if you cannot return the Goods in the condition in which you received them, you can withdraw from the contract even if the defect only concerns a part of the Goods, and we will return to you the entire purchase price and the costs of delivering the Goods to you. If we replace the Goods or a part thereof, you will send the replaced Goods to us at our expense.

VIII. COMPLAINTS PROCEDURE

We will handle complaints, including the settlement of complaints, without undue delay, no later than thirty (30) days from the date of lodging the complaint, unless we agree on a longer period with you. After this period, you have the same rights as if it were a material breach of contract that cannot be rectified.

The statutory period for settling a complaint begins to run from the date of the receipt of the claimed Goods at our address. If the claimed Goods are incomplete or damaged when received, we will notify you of this fact immediately after the inspection of the Goods and ask you how to proceed.

If the Goods have already been paid for, we will return the purchase price to you in cash or by bank transfer. If you do not collect the replacement Goods within the statutory period, we will return the purchase price to you in cash or by bank transfer.

We are entitled to a reasonable reimbursement of costs incurred for the delivery of the claimed Goods or part thereof. If the complaint is justified, we will refund the cost of delivering the claimed Goods, including the costs incurred in connection with the complaint. If the complaint is not justified, we will return the claimed Goods to you at our expense.

Rights arising from defective performance do not apply to Goods sold at a lower price due to a defect for which a lower price has been agreed, to wear and tear caused by common use, to used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by you, or if it is apparent from the nature of the Goods.

In the event of a complaint, please contact us at the email or postal address provided in our identification details.

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