Terms and Conditions

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the "Terms") of the company Yan Belogortsev, located at Tigridova 1496/3, 140 00 Prague - Michle, ID number: 05311993, email: zhitnikovainna@gmail.com, phone number: +420 608 989 246 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (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 the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at the internet address: https://goricandles.com/ . (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. The Terms do not apply in cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the course of ordering goods as part of their business activities or as part of their independent professional performance.

1.3. Provisions deviating from the Terms can be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms.

1.4. The provisions of the Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are prepared in the Czech language. The Purchase Agreement can be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the period of effect of the previous version of the Terms.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly from the Web Interface of the Store.

2.2. When registering on the Website and ordering goods, the Buyer is required to provide correct and truthful information. The Buyer is obligated to update the information in the User Account upon any change. The information provided by the Buyer in the User Account and during ordering is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding information necessary to access their User Account.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than 9 months, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods displayed in the web interface of the store are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement regarding these goods. The provision of § 1732, paragraph 2 of the Civil Code does not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs associated with returning the goods if such goods, by their nature, cannot be returned by regular postal service. Prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller’s ability to conclude a purchase agreement under individually agreed terms.

3.3. The web interface of the store also contains information on the costs associated with packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods displayed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form in the web interface of the store. The order form contains particularly information on: 3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store), 3.4.2. the method of payment for the purchase price of the goods, details of the required method of delivery of the ordered goods, and 3.4.3. information on the costs associated with the delivery of the goods (collectively referred to as the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data they have entered into the Order, including the option to identify and correct any errors made when entering data into the Order. The Buyer submits the Order to the Seller by clicking the “Purchase” button. The data provided in the Order is considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer via email to the Buyer’s email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transportation costs), to request the Buyer’s additional confirmation of the Order (for example, in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (confirmation) which is sent by the Seller to the Buyer via email to the Buyer’s Email Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer themselves, with such costs not differing from the standard rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Agreement to the Seller by the following methods:

• in cash at the Seller’s place of business at the address Tigridova 1496/3, 140 00 Prague - Michle;

• by cashless payment via an online payment system Stripe.

4.2. In addition to the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The Seller does not require any advance payment or similar payment from the Buyer. This provision does not affect the requirement to pay the purchase price in advance under Article 4.6 of the Terms.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the Purchase Agreement.

4.5. In the case of cashless payment, the Buyer is required to pay the purchase price of the goods along with the variable symbol of the payment. In the case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled to require payment of the entire purchase price prior to dispatching the goods to the Buyer, especially in cases where the Buyer does not provide additional confirmation of the Order (Article 3.6). The provision of § 2119 para. 1 of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If customary in business dealings or if required by generally binding legal regulations, the Seller will issue a tax document – an invoice – to the Buyer in relation to payments made under the Purchase Agreement. The Seller is not a VAT payer. The tax document – invoice – will be issued by the Seller to the Buyer after the purchase price has been paid and will be sent electronically to the Buyer’s email address.

4.9. Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, the Seller is required to register the received revenue with the tax authority online; in the event of a technical outage, no later than within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from a purchase agreement for the delivery of goods that have been customized according to the Buyer’s specifications or for the Buyer personally; from a purchase agreement for the delivery of goods subject to rapid decay; from goods that, after delivery, have been irreversibly mixed with other goods; from a purchase agreement for goods delivered in sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygiene reasons; and from a purchase agreement for the delivery of audio or video recordings or computer software if the original packaging has been breached.

5.2. Unless it is a case referred to in Article 5.1 of these Terms or another case in which it is not possible to withdraw from the purchase agreement, the Buyer has the right, in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. If the subject of the purchase agreement is several types of goods or the delivery of several parts, this period begins from the day the last part of the goods is received. Withdrawal from the purchase agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase agreement, the Buyer may use the sample form provided by the Seller, which forms an annex to these Terms. The Buyer may send the withdrawal from the purchase agreement, among other means, to the Seller’s place of business or to the Seller’s email address zhitnikovainna@gmail.com.

5.3. In the event of withdrawal from the purchase agreement under Article 5.2 of these Terms, the purchase agreement is canceled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the withdrawal from the purchase agreement being delivered to the Seller. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular postal means due to their nature.

5.4. In the event of withdrawal from the purchase agreement under Article 5.2 of these Terms, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase agreement, in the same manner that the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another manner if the Buyer agrees and if no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally offset any claim for damages on the goods against the Buyer’s claim for a refund of the purchase price.

5.6. In cases where the Buyer is entitled to withdraw from the purchase agreement in accordance with § 1829, paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase agreement at any time until the Buyer has taken delivery of the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in a cashless manner to the account designated by the Buyer.

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 with a condition subsequent that if the Buyer withdraws from the purchase agreement, the gift agreement for such a gift loses its effect and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If, according to the purchase agreement, the Seller is required to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. In the event that the goods need to be delivered repeatedly or in a manner other than specified in the Order for reasons attributable to the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another method of delivery.

6.4. Upon receiving the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods, and in the event of any defects, to immediately notify the carrier. If the Buyer finds any breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer may refuse to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties regarding the transportation of the goods may be governed by the Seller’s special delivery terms, if issued by the Seller.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the applicable general binding legal regulations (in particular, the provisions of § 1914 to § 1925, § 2099 to § 2117, and § 2161 to § 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller guarantees to the Buyer that the goods are free from defects upon receipt. In particular, the Seller guarantees to the Buyer that at the time the Buyer receives the goods: 7.2.1. the goods have the qualities agreed upon by the parties or, if there is no agreement, the qualities that the Seller or manufacturer described or that the Buyer expected in view of the nature of the goods and based on the advertisement made by them; 7.2.2. the goods are suitable for the purpose that the Seller indicates for their use or for which goods of this type are usually used; 7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model; 7.2.4. the goods are in the appropriate quantity, measure, or weight; and 7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions stated in Article 7.2 of these Terms do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the level of use or wear that the goods had when taken over by the Buyer, or if it arises from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer exercises the rights arising from defective performance with the Seller at the Seller’s place of business, where acceptance of the complaint is possible with respect to the assortment of goods sold, or possibly at the Seller's registered office or place of business.

7.6. Additional rights and obligations of the parties regarding the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826, paragraph 1, letter e) of the Civil Code.

8.3. The Seller handles consumer complaints through the email address: zhitnikovainna@gmail.com. Information on handling the Buyer’s complaint will be sent by the Seller to the Buyer’s email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 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 Consumer ODR).

8.6. The Seller is authorized to sell goods on the basis of a trade license. Trade licensing control is carried out within the scope of its authority by the relevant trade licensing office. Supervision of the protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfills its information obligation towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) concerning the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Agreement, negotiating this agreement, and fulfilling the Seller's public law obligations, through a separate document.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. The Buyer consents to receiving information related to the Seller's goods, services, or business to the Buyer’s email address and further consents to receiving commercial communications from the Seller to the Buyer’s email address. The Seller fulfills its information obligation towards the Buyer in accordance with Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications through a separate document.

10.2. The Buyer consents to the storage of cookies on their computer. In cases where it is possible to complete a purchase on the website and fulfill the Seller’s obligations under the Purchase Agreement without storing cookies on the Buyer’s computer, the Buyer may revoke this consent at any time.

11. DELIVERY

11.1. Notices may be delivered to the Buyer’s email address.

11.2. A notification is considered delivered even if its receipt was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.

11.3. The parties may mutually deliver routine correspondence by electronic mail to the email address specified in the Buyer’s user account or provided by the Buyer in the Order, or to the address specified on the Seller’s website.

12. FINAL PROVISIONS

12.1. If a relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection afforded by provisions of the legal order that cannot be contractually waived and that would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these Terms is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The Purchase Agreement, including these Terms, is archived by the Seller in electronic form and is not accessible.

12.4. An annex to these Terms consists of a sample form for withdrawal from the Purchase Agreement.

12.5. Seller’s contact information: address for delivery Tigridova 1496/3, 140 00 Prague - Michle, email address zhitnikovainna@gmail.com, telephone +420 608 989 246.

Sample Withdrawal Form for the Purchase Agreement

Please complete this form and send it to the email address zhitnikovainna@gmail.com only if you are a Buyer – consumer and wish to withdraw from the Purchase Agreement.