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    Terms and Conditions

    These General Terms and Conditions (“Terms”) of the sole trader Elena Kazakova, with registered office at Průřezná 74, ID No. 09218815, registered in the Trade Register under File No. 350901 at the Municipal Authority of Teplice, email info@indigofactory.cz, phone +420774886717 (“We” or “Seller”) govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you as buyers, and Us as sellers, arising in connection with or on the basis of the purchase contract (“Contract”) concluded via the online shop on the website www.indigofactory.cz.

    All information on how we process your personal data can be found in our Privacy Policy, available here.

    The provisions of these Terms form an integral part of the Contract. The Contract and these Terms are prepared in the Czech language. We may unilaterally amend or supplement these Terms. Such changes do not affect rights and obligations arising during the validity of the previous version of the Terms.

    As you surely know, we primarily communicate remotely. Therefore, it also applies to our Contract that we use means of distance communication which allow us to agree without being physically present at the same place, and thus the Contract is concluded remotely within the environment of the online shop, through the web interface (“online shop interface”).

    If any part of these Terms conflicts with what we have expressly agreed during your purchase process on our online shop, such specific agreement takes precedence over these Terms.

    I. SOME DEFINITIONS

    1. Price means the amount you pay for the Goods;

    2. Delivery Price means the amount you pay for delivering the Goods, including packaging costs;

    3. Total Price means the sum of the Price and the Delivery Price;

    4. VAT means value added tax under the applicable legislation;

    5. Invoice means a tax document issued in accordance with the VAT Act for the Total Price;

    6. Order means your irrevocable offer to conclude a Contract for the purchase of Goods with Us;

    7. User Account means an account created based on the data you provide, allowing storage of such data and history of ordered Goods and concluded Contracts;

    8. You means the person purchasing from our online shop, legally referred to as the buyer;

    9. Goods means all products that can be purchased through the online shop.

    II. GENERAL PROVISIONS AND INFORMATION

    1. Purchasing Goods is only possible through the online shop interface.

    2. When purchasing Goods, you are obliged to provide us with all information accurately and truthfully. Any information you provide to us when ordering Goods will be deemed accurate and truthful.

    III. CONCLUSION OF THE CONTRACT

    1. The Contract with Us can only be concluded in the Czech language.

    2. The Contract is concluded remotely via the online shop, and you bear the costs of using means of distance communication. These costs, however, do not differ from the basic rates you pay for using such means (especially your internet access). No additional costs will be charged by Us beyond the Total Price. By submitting an Order, you agree that we use means of distance communication.

    3. To conclude the Contract, you must create an Order proposal on the online shop, which must include:

    a) Information about the Goods you wish to purchase (in the online shop you indicate the Goods by clicking “Add to cart”);

    b) Information on the Price, Delivery Price, method of payment of the Total Price, and the required method of delivery of the Goods; these details are entered when creating the Order proposal within the online shop interface, with the Price, Delivery Price, and Total Price automatically displayed based on your chosen Goods and delivery method;

    c) Your identification and contact details needed to deliver the Goods, in particular your name, surname, delivery address, phone number, and email address;

    d) In the case of a Contract under which we will deliver Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

    4. During the creation of the Order proposal, you may modify and review the entered information up until the point the Order is created. After checking, by clicking the “Order with obligation to pay” button, you create the Order. However, before clicking this button, you must confirm that you have read and agree to these Terms, otherwise it will not be possible to create the Order. To confirm and agree, a checkbox is used. Once you click “Order with obligation to pay,” all filled information will be sent directly to Us.

    5. We will confirm your Order to you as soon as possible after we receive it, by sending an email to the address provided in your Order. The confirmation will include a summary of the Order and these Terms. Upon our confirmation of your Order, the Contract between you and Us is concluded. The Terms in effect on the day of your Order form an integral part of the Contract.

    6. There may be cases where we are unable to confirm your Order. This primarily applies where the Goods are unavailable, or if you order a larger quantity of Goods than we allow. Information about the maximum quantity of Goods will always be provided in advance within the online shop, so this should not come as a surprise to you. If there is any reason why we cannot confirm your Order, we will contact you and send you an offer to conclude a Contract in an amended form. The Contract is then concluded when you accept our offer.

    7. If an obviously incorrect Price is stated in the online shop or in the Order proposal, we are not obliged to deliver the Goods to you for this Price, even if you have received an Order confirmation and thus a Contract has been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in an amended form. The new Contract is concluded when you accept our offer. If you do not accept our offer within 3 days of its submission, we are entitled to withdraw from the concluded Contract. An obvious error in the Price means, for example, a situation where the Price does not correspond to the usual market price or where a digit is missing or excessive.

    8. When the Contract is concluded, you are obliged to pay the Total Price.

    9. If you have set up a User Account, you may also place an Order through it. Even in this case, you are required to check the correctness, truthfulness, and completeness of the pre-filled data. The method of creating the Order is otherwise the same as for a buyer without a User Account, with the advantage that you do not have to re-enter your identification data.

    10. In some cases, we allow discounts to be used for purchasing Goods. To apply the discount, you must fill in the details of the discount in the designated field during the Order proposal. If you do so, the Goods will be provided to you with the discount.

    IV. USER ACCOUNT

    1. Based on your registration within the online shop, you can access your User Account.

    2. When registering a User Account, you are obliged to provide all requested information correctly and truthfully, and to update it in case of any changes.

    3. Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding these access credentials and not to provide them to anyone else. If they are misused, we bear no responsibility for such misuse.

    4. The User Account is personal and therefore you are not entitled to allow third parties to use it.

    5. We may cancel your User Account, especially if you have not used it for more than 2 years, or if you breach your obligations under the Contract.

    6. The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

    V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

    1. The Price is always stated within the online shop, in the Order proposal, and naturally in the Contract. In case of any discrepancy between the Price shown with the Goods in the online shop and the Price in the Order proposal, the Price in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Delivery Price and, where applicable, the conditions under which delivery is free of charge.

    2. The Total Price is shown inclusive of VAT and all statutory fees.

    3. We will require payment of the Total Price from you after the Contract is concluded and before the Goods are handed over. You may pay the Total Price by the following methods:

    a) Bank transfer. Payment instructions will be sent to you in the Order confirmation. In case of bank transfer, the Total Price is due within 3 days.

    b) Through the PayPal gateway.

    c) By transfer to a bank account.

    d) Cash on delivery is not available for goods made to order.

    e) In cash upon personal collection at our premises. In this case, the Total Price is payable when you pick up the Goods.

    4. An Invoice will be issued in electronic form after payment of the Total Price and sent to your email address. The Invoice will also be physically attached to the Goods and available in the User Account.

    5. Title to the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In case of payment by bank transfer, the Total Price is considered paid when credited to our account; in other cases, it is paid at the moment the payment is made.

    VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

    1. The Goods will be delivered to you in the manner you choose, with the following options:

    a) Personal collection at our premises at Průřezná 74, 41501 Teplice;

    b) Personal collection at pick-up points operated by Zásilkovna;

    c) Delivery through carriers such as Česká pošta, PPL, Zásilkovna;

    2. Goods can be delivered worldwide by agreement.

    3. The delivery time always depends on the availability of the Goods and on the chosen method of delivery and payment. The expected delivery time will be communicated to you in the Order confirmation. The time stated on the online shop is only indicative and may differ from the actual delivery time. In case of personal collection at our premises, we will always inform you by email when the Goods are ready for collection.

    4. Upon receipt of the Goods from the carrier, you are required to check the integrity of the packaging and in case of any defects, immediately notify the carrier and us. If the packaging is damaged in a way that indicates unauthorized interference with the shipment, you are not obliged to accept the Goods from the carrier.

    5. If you fail to fulfil your obligation to accept the Goods, except in cases under Article VI.4 of the Terms, this does not constitute a breach of our obligation to deliver the Goods to you. Furthermore, your failure to accept the Goods does not constitute withdrawal from the Contract. However, in such a case, we are entitled to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day it is delivered to you. Withdrawal from the Contract does not affect our right to reimbursement of the Delivery Price or compensation for any damage incurred.

    6. If the Goods have to be delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your part, you are obliged to reimburse us for the costs associated with such repeated delivery. Payment details for these costs will be sent to your email address specified in the Contract and are due 14 days after delivery of the email.

    7. The risk of damage to the Goods passes to you at the moment you take over the Goods. If you do not take over the Goods, except in cases under Article VI.4 of the Terms, the risk of damage to the Goods passes to you at the moment you could have taken them over but did not due to reasons on your part. The transfer of the risk of damage means that from this moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

    8. If the Goods were not stated as in stock on the online shop and an indicative availability period was given, we will always inform you in the event of:

    a) an extraordinary interruption in production of the Goods, and we will inform you of a new expected availability time or that the Goods cannot be delivered;

    b) a delay in delivery of the Goods from our supplier, and we will inform you of a new expected delivery time.

    9. If we are unable to deliver the Goods to you even within 30 days after the delivery time stated in the Order confirmation for any reason, both you and we are entitled to withdraw from the Contract.

    VII. RIGHTS FROM DEFECTIVE PERFORMANCE

    1. We guarantee that at the time the risk of damage to the Goods passes to you under Article VI.7 of these Terms, the Goods are free from defects, in particular that:

    a) they have the characteristics we agreed upon, or if not expressly agreed, such characteristics as we described or that can be expected with regard to the nature of the Goods;

    b) they are suitable for the purposes stated by us or for the usual purposes for which such Goods are normally used;

    c) they correspond in quality or workmanship to the agreed sample, if the quality or workmanship was determined according to a sample;

    d) they are in the appropriate quantity and weight;

    e) they comply with the requirements of applicable legislation;

    f) they are not encumbered by the rights of third parties.

    2. The rights and obligations concerning rights from defective performance are governed by the relevant generally binding legal regulations (especially Sections 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).

    3. If the Goods are defective, meaning that in particular they do not meet some of the conditions under Article VII.1, you may notify us of such a defect and assert your rights from defective performance (i.e. make a complaint) by sending an email or letter to our addresses listed in our contact details. You may also use our complaint form, which is provided as Appendix No. 1 to these Terms. When asserting your rights from defective performance, you must indicate how you wish the defect to be resolved; this choice cannot later be changed without our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the right from defective performance you asserted. If you do not indicate how you want the defect to be resolved, you have the rights under Article 7.5, even in cases where defective performance constituted a material breach of the Contract.

    4. If defective performance constitutes a material breach of the Contract, you have the following rights:

    a) to have the defect remedied by delivery of new defect-free Goods or by delivery of the missing part of the Goods;

    b) to have the defect remedied by repair of the Goods;

    c) to a reasonable discount on the Price;

    d) to withdraw from the Contract.

    If you choose resolution under a) or b) and we do not remedy the defect within a reasonable period we specified or notify you that we will not remedy the defect in this way at all, you then have the rights under c) and d), even if you did not initially request them in your complaint. Similarly, if you choose repair of the Goods and we determine that the defect is irreparable, we will inform you of this and you may choose another method of resolution.

    5. If defective performance constitutes a non-material breach of the Contract, you have the following rights:

    a) to have the defect remedied by delivery of new defect-free Goods;

    b) to a reasonable discount on the Price.

    If we do not remedy the defect in time or refuse to remedy it, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to recurring defects after repair of the Goods or due to a larger number of defects.

    6. In the case of both material and non-material breach, you cannot withdraw from the Contract or demand delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

    a) if the condition of the Goods changed as a result of inspection to detect a defect;

    b) if the Goods were used before the defect was discovered;

    c) if the impossibility of returning the Goods in the unchanged condition was not caused by your actions or omissions;

    d) if you sold, consumed, or modified the Goods during normal use before the defect was discovered; if this happened only in part, you must return the part of the Goods that can be returned, and in such a case, we will not refund the part of the Price corresponding to your benefit from the use of the Goods.

    7. Within 3 days of receiving the complaint, we will confirm to your email address that we have received it, when we received it, and the expected time to process the complaint. We will handle the complaint without undue delay, but no later than 30 days from receipt. This period may be extended by mutual agreement. If the period expires in vain, you may withdraw from the Contract.

    8. We will inform you of the resolution of the complaint by email. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You must prove these costs, for example by receipts or confirmations of delivery charges. If the defect was remedied by delivery of new Goods, you are obliged to return the original Goods to us, but we will bear the costs of this return.

    9. If you are an entrepreneur, you are required to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.

    10. If you are a consumer, you have the right to assert rights from defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.

    11. The provisions regarding rights from defects do not apply in the case of:

    a) Goods sold at a lower Price due to a defect for which the lower Price was agreed;

    b) wear and tear of the Goods caused by normal use;

    c) used Goods for a defect corresponding to the level of use or wear the Goods had when you took them over;

    d) cases arising from the nature of the Goods.

    VIII. WITHDRAWAL FROM THE CONTRACT

    1. Withdrawal from the Contract, meaning termination of the contractual relationship between Us and you from the beginning, may occur for the reasons and in the manner specified in this Article or in other provisions of these Terms where the possibility of withdrawal is explicitly stated.

    2. If you are a consumer, meaning a person purchasing Goods outside the scope of your business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving any reason within 14 days from the date of receipt of the Goods. If we have concluded a Contract involving multiple types of Goods or delivery of several parts, this period starts from the delivery of the last part, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it starts from the delivery of the first delivery. You may withdraw from the Contract in any demonstrable manner (especially by sending an email or letter to our addresses listed in our contact details). You may also use our withdrawal form, which is provided as Appendix No. 2 to these Terms.

    3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:

    a) Goods whose Price depends on fluctuations in the financial market beyond our control and which may occur during the withdrawal period;

    b) the delivery of alcoholic beverages that can be delivered only after thirty days and whose Price depends on fluctuations in the financial market beyond our control;

    c) Goods that have been modified according to your wishes or for your person;

    d) Goods that are perishable or Goods that have been irreversibly mixed with other goods after delivery;

    e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;

    f) delivery of audio or video recordings or computer programs if their original packaging has been damaged;

    g) delivery of newspapers, periodicals or magazines;

    h) delivery of digital content not delivered on a tangible medium if delivered with your prior express consent before the expiry of the withdrawal period and we have informed you that you do not have the right to withdraw from the Contract.

    4. The withdrawal period under Article VIII.2 of the Terms is deemed to be observed if you send us notice that you are withdrawing from the Contract during that period.

    5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was paid, or to an account chosen in the withdrawal form. However, we will not refund the amount before you return the Goods to us or prove that you have sent them back to us. Please return the Goods to us clean and, if possible, in the original packaging.

    6. In the event of withdrawal from the Contract under Article VIII.2 of the Terms, you are obliged to send the Goods back to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to have us refund the Delivery Price, but only up to the amount corresponding to the cheapest delivery method offered by us for the delivery of the Goods. In the event of withdrawal due to our breach of the concluded Contract, we will also reimburse you for the costs of returning the Goods to us, again only up to the amount of the Delivery Price corresponding to the cheapest offered delivery method.

    7. You are liable to us for any decrease in the value of the Goods if it results from handling them in a way other than what is necessary to familiarise yourself with the nature and characteristics of the Goods. We will invoice you for such damage after the Goods are returned to us, and the invoice is payable within 14 days. If we have not yet refunded the Price to you, we are entitled to set off our claim for costs against your claim for the refund of the Price.

    8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period under Article VI.9 of the Terms. We may also withdraw from the Contract if it is obvious that you have deliberately provided incorrect information in the Order. If you are purchasing the Goods within your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving reasons.

    IX. CONSUMER DISPUTE RESOLUTION

    1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

    2. We handle consumer complaints via the email address info@indigofactory.cz. We will send information about the handling of the complaint to the buyer’s email address.

    3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The platform for online dispute resolution, available at http://ec.europa.eu/consumers/odr, may also be used for resolving disputes between the seller and the buyer who is a consumer from a purchase contract concluded by electronic means.

    4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point under 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 consumer ODR).

    X. FINAL PROVISIONS

    1. If our legal relationship with you contains an international element (for example if we will ship goods outside the Czech Republic), our relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this choice of law does not affect your rights arising from generally binding legal regulations.

    2. All written correspondence with you will be delivered by email. Our email address is stated in our identification details. We will send correspondence to your email address specified in the Contract, in the User Account, or through which you have contacted us.

    3. The Contract may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms; such a change does not affect already concluded Contracts but only Contracts that will be concluded after the effective date of the change. We will inform you of the change only if you have a User Account (so that you are aware of this information in case you place a new order, though this does not establish a right of termination, as we do not have a contract that could be terminated), or if we are to supply you with Goods regularly and repeatedly under the Contract. We will send information about the change to your email address at least 14 days before the effective date of this change. If we do not receive a notice of termination of the Contract for regular and repeated delivery of Goods from you within 14 days of sending the information, the new Terms become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. If you give notice of termination, the notice period is 2 months.

    4. In the case of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if such a situation lasts longer than 10 days, both we and you have the right to withdraw from the Contract.

    5. Attached to these Terms are a sample complaint form and a sample withdrawal form.

    6. The Contract, including the Terms, is archived by us in electronic form but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without our cooperation. We recommend that you save the Order confirmation and Terms.

    7. These Terms take effect on 1.01.2024.

    APPENDIX NO. 1 - COMPLAINT FORM

    Recipient:           

    Submission of complaint

    Date of Contract conclusion:

     

    Full name:

     

    Address:

     

    Email address:

     

    Goods being claimed:

     

    Description of defects:

     

    Preferred way of resolving the complaint, or bank account number for any refund:

     

    At the same time, I request confirmation of the submission of this complaint, stating when this right was exercised, what the content of the complaint is along with my claim, including the date and method of resolution.

    Date:

    Signature:

    APPENDIX NO. 2 - WITHDRAWAL FORM

    Recipient:             

    I hereby declare that I am withdrawing from the Contract:

    Date of Contract conclusion:

     

    Full name:

     

    Address:

     

    Email address:

     

    Specification of Goods covered by the Contract:

     

    Method for returning received funds, or bank account number:

     

    If the buyer is a consumer and has ordered goods via the e-shop of sole trader Elena Kazakova (“Company”) or by another means of distance communication, except for cases stated in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, they have the right to withdraw from the concluded purchase contract within 14 days from receipt of the goods, without giving any reason and without any penalty. The consumer notifies the Company of this withdrawal in writing to the Company’s business address or electronically to the email provided on this form.

    If the consumer withdraws from the purchase contract, they will send or hand over to the Company without undue delay, no later than 14 days from withdrawal from the purchase contract, the goods received from the Company.

    If the consumer withdraws from the purchase contract, the Company will return to them without undue delay, no later than 14 days from withdrawal, all monetary funds (the purchase price of the delivered goods), including the cost of delivery, received under the purchase contract, in the same manner. If the consumer chose a method of delivery other than the cheapest one offered by the Company, the Company will refund the cost of delivery only up to the amount corresponding to the cheapest offered delivery method. The Company is not obliged to return received funds to the consumer before the consumer returns the goods to the Company or proves that the goods have been sent back.

    Date:

    Signature: