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Terms and Conditions

These General Terms and Conditions ("Terms") of Justscoo Delivery s.r.o., with its registered office at Sokolovská 1289/168, Prague 180 00, ID No. 19757166, registered in the Commercial Register under file No. C 391136 maintained by the Municipal Court in Prague, email info@avanda.store, telephone number +420 777109048 ("We" or "Seller") govern, 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 the buyer, and Us, as the seller, arising in connection with or based on a purchase agreement ("Agreement") concluded through the E-shop on the website avanda.store.


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


As you certainly know, we primarily communicate remotely. Therefore, our Agreement also applies remote communication means, which allow us to agree without simultaneous physical presence, and the Agreement is thus concluded remotely via the E-shop environment through the website interface ("E-shop web interface").


If any part of these Terms conflicts with what we mutually approved during your purchase process on Our E-shop, such specific agreement shall take precedence over these Terms.


I. SOME DEFINITIONS

  1. Price is the monetary amount you will pay for the Goods;
  2. Shipping Cost is the monetary amount you will pay for the delivery of the Goods, including packaging costs;
  3. Total Price is the sum of the Price and Shipping Cost;
  4. VAT is value-added tax under applicable laws;
  5. Invoice is a tax document issued in accordance with the VAT law for the Total Price;
  6. Order is your irrevocable offer to conclude a purchase agreement for Goods with Us;
  7. User Account is an account created based on your provided data, allowing storage of entered data and history of ordered Goods and concluded Agreements;
  8. You are the person purchasing on Our E-shop, legally referred to as the buyer;
  9. Goods are all items available for purchase on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

  1. Purchase of Goods is only possible via the E-shop web interface.
  2. When purchasing Goods, you must provide Us with all information accurately and truthfully. Information provided by you during the Order process will be considered correct and truthful.

III. CONCLUSION OF THE AGREEMENT

  1. The Agreement with Us may only be concluded in the Czech language.
  2. The Agreement is concluded remotely via the E-shop, and you bear the costs of using remote communication means. These costs do not differ from the basic rate for such means (e.g., internet access), and no additional costs beyond the Total Price will be charged by Us. By submitting an Order, you agree to our use of remote communication means.
  3. To conclude the Agreement, you must create an Order proposal on the E-shop. This proposal must include:
    1. Information about the purchased Goods (selected via the "Add to Cart" button on the E-shop);
    2. Information on the Price, Shipping Cost, payment method for the Total Price, and requested delivery method; these details are entered during the Order creation process, with automated Price, Shipping Cost, and Total Price based on your selections;
    3. Your identification and contact details for delivery (name, surname, delivery address, phone number, email);
    4. For Agreements involving regular/repeated delivery of Goods, the duration of such delivery.
  4. During the Order creation, you may modify and review details until finalizing. After clicking "Order Binding for Payment," the Order is created. You must confirm your acceptance of these Terms via a checkbox before submission. Upon clicking, all information is sent to Us.
  5. We will confirm your Order via email shortly after receipt, including an Order summary and these Terms. Our confirmation constitutes the Agreement between Us. The Terms effective on the Order date form an integral part of the Agreement.
  6. We may be unable to confirm Orders in certain cases (e.g., Goods unavailability, exceeding quantity limits). In such cases, we will contact you with a modified offer. The Agreement is concluded upon your acceptance of the modified offer.
  7. If the E-shop or Order proposal contains an obvious Price error, We are not obligated to deliver Goods at that Price, even if the Order is confirmed. We will contact you promptly with a corrected offer. The new Agreement is concluded upon your acceptance. If you do not accept within 3 days, We may withdraw from the Agreement. An obvious error includes Prices significantly deviating from market rates or incorrect digits.
  8. Upon concluding the Agreement, you are obligated to pay the Total Price.
  9. If you have a User Account, Orders may be placed through it. You must still verify pre-filled details. The process is identical to non-account users, but avoids re-entering personal data.
  10. Discounts may apply if entered in the designated field during Order creation. Valid discounts will reduce the Price accordingly.

IV. USER ACCOUNT

  1. A User Account may be created via registration on the E-shop.
  2. You must provide accurate and truthful information during registration and update it as needed.
  3. Access is secured via username and password. You must keep these confidential. We are not liable for misuse.
  4. The User Account is personal and may not be shared with third parties.
  5. We may terminate the User Account, especially after 5 years of inactivity or breach of obligations.
  6. The User Account may experience downtime due to maintenance.

V. PRICING, PAYMENT TERMS, AND TITLE RETENTION

  1. The Price is displayed on the E-shop, Order proposal, and Agreement. In case of discrepancy, the Order proposal Price prevails. Shipping Costs and free shipping conditions are also specified.
  2. The Total Price includes VAT and all statutory fees.
  3. Payment methods for the Total Price:
    1. Bank transfer: Payment details are included in the Order confirmation. Due within 5 days.
    2. Online card payment: Processed via ShoptetPay (terms available HERE). Due within 1 day.
    3. Cash on delivery: Paid upon Goods receipt.
    4. Cash on pickup: Paid at Our premises upon collection.
  4. Invoices are issued electronically after payment and sent to your email. A physical copy is included with the Goods and accessible in the User Account.
  5. Title to Goods transfers to you upon full payment and receipt. For bank transfers, payment is effective upon crediting Our account; other methods are effective at payment time.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

  1. We warrant that at the time of risk transfer under Article VI.7, the Goods are free of defects, including:
    1. Possessing agreed-upon properties or those described by Us;
    2. Suitability for intended or ordinary purposes;
    3. Conformity to samples (if applicable);
    4. Correct quantity/weight;
    5. Compliance with legal requirements;
    6. Free from third-party rights.
  2. Rights and obligations regarding defects are governed by applicable laws (e.g., Civil Code §§ 1914–1925, 2099–2117, 2161–2174; Consumer Protection Act No. 634/1992).
  3. To claim defects, notify Us via email/post using the template in Annex 1. Specify the remedy (non-changeable without Our consent). We resolve claims per your choice. If no choice is made, rights under Article 7.5 apply.
  4. For material breaches, you may:
    1. Request replacement Goods;
    2. Request repair;
    3. Request a reasonable Price reduction;
    4. Terminate the Agreement.

    If remedies a) or b) are not fulfilled timely, rights c) or d) apply. If repair is impossible, you may choose another remedy.

  5. For non-material breaches, you may:
    1. Request replacement Goods;
    2. Request repair;
    3. Request a reasonable Price reduction.

    If We fail to remedy, you may terminate. Termination is also allowed for recurring defects.

  6. Termination or replacement is barred if Goods cannot be returned unchanged, except:
    1. Changes due to defect inspection;
    2. Use before defect discovery;
    3. Inability to return not caused by you;
    4. Partial use/sale/alteration; return possible parts with proportional Price reduction.
  7. We confirm receipt of claims within 3 days and resolve within 30 days (extendable by agreement). Unresolved claims allow termination.
  8. We inform you of claim resolution via email. Valid claims entitle reimbursement of documented costs. Return shipping for replacements is Our responsibility.
  9. Business buyers must report defects within 3 days of receipt.
  10. Consumer buyers may claim defects within 24 months of receipt.
  11. Defect rights do not apply to:
    1. Goods sold at a lower Price for known defects;
    2. Normal wear and tear;
    3. Used Goods with defects corresponding to their condition at receipt;
    4. Goods where excluded by nature.

VIII. WITHDRAWAL FROM THE AGREEMENT

  1. Withdrawal terminates the Agreement from inception, per this Article or other Terms provisions.
  2. Consumers (non-business buyers) may withdraw within 14 days of Goods receipt. For multiple/delivery Goods, the period starts at last delivery. For recurring deliveries, at first delivery. Notify Us via email/post using Annex 2 template.
  3. Withdrawal is excluded for:
    1. Goods with Prices dependent on financial market fluctuations;
    2. Customized/personalized Goods;
    3. Perishables or inseparably mixed Goods;
    4. Unsealed hygiene-sensitive Goods;
    5. Unsealed audio/video/software;
    6. Newspapers/periodicals;
    7. Digital content delivered non-tangibly with prior consent.
  4. The withdrawal period is met if notice is sent within its duration.
  5. Refunds are issued within 14 days of withdrawal to the original payment method or another specified account. Refunds occur after Goods return or proof of return. Return Goods clean and in original packaging.
  6. Return shipping costs are your responsibility, but We refund the cheapest available shipping method. For Our breach, We cover return costs up to the cheapest method.
  7. You are liable for damage from improper handling. Damages are invoiced post-return, due within 14 days. We may offset such claims against refunds.
  8. We may withdraw before delivery for objective reasons (third-party issues, Goods nature) or if false Order information is provided. Business buyers may be withdrawn from without cause.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

  1. We are not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 letter e) of the Civil Code.
  2. We handle consumer complaints via the email address info@avanda.store. Information regarding the resolution of the complaint will be sent to the purchaser's email address.
  3. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, website: http://www.coi.cz, is responsible for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform found at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded via electronic means.
  4. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the 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 online dispute resolution for consumer disputes).

X. FINAL PROVISIONS

  1. If our legal relationship includes an international element (for example, if we ship goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, this agreement does not affect your rights under applicable laws.
  2. All written correspondence with you will be delivered via email. Our email address is provided in our identification details. We will deliver correspondence to the email address you provided in the Contract, in your User Account, or through which you contacted us.
  3. The Contract may only be amended based on our mutual written agreement. However, we are entitled to modify and supplement these Terms. Such changes will not affect already concluded Contracts but will apply only to Contracts concluded after the effective date of the change. We will inform you of any changes only if you have a User Account (so that you have this information in case you order new Goods; however, the change does not create a right to terminate, since we do not have a Contract that could be terminated) or if we are obligated under the Contract to deliver Goods regularly and repeatedly. We will send the information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice of termination of the concluded Contract for regular and repeated delivery of Goods within 14 days of sending the information about the change, the new terms become part of our Contract and will apply to further delivery of Goods following the effective date of the change. The notice period in case of termination is 2 months.
  4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with force majeure events. If the force majeure condition lasts longer than 10 days, both parties have the right to terminate the Contract.
  5. The appendices to the Terms include a sample complaint form and a sample contract termination form.
  6. The Contract, including the Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and order confirmation summaries via email, so you will always have access to the Contract without our involvement. We recommend saving all order confirmations and Terms.
  7. These Terms come into effect on July 1, 2024.



APPENDIX NO. 1 - COMPLAINT FORM

Recipient: Justscoo Delivery. Delivery Address: Pod plynojemem 2472/9 Prague 8, 180 00

Filing a Complaint

Date of Contract Conclusion:


Name and Surname:


Address:


Email Address:


Goods being complained about:


Description of Goods Defects:


Suggested Resolution Method

of the complaint, possibly including number

Description of Goods Defects:


I also request a confirmation of the complaint filing indicating when I exercised this right, the content of the complaint including my claim along with the date and manner of complaint resolution.



Date:

Signature:







APPENDIX NO. 2 - CONTRACT TERMINATION FORM

Recipient: Justscoo Delivery. Delivery Address: Pod plynojemem 2472/9 Prague 8, 180 00

By this, I declare that I am terminating the Contract:

Date of Contract Conclusion:


Name and Surname:


Address:


Email Address:


Specification of Goods the Contract

relates to:


Method for returning received

monetary funds, possibly including

bank account number:



If the buyer is a consumer and has ordered goods through the e-shop of Justscoo Delivery s.r.o., ("Company") or another remote communication tool, except in cases specified in § 1837 of Act No. 89/2012 Coll., Civil Code, as later amended, the buyer has the right to withdraw from the already concluded purchase contract within 14 days from the day of receipt of the goods, without stating a reason and without any penalty. This withdrawal must be communicated to the Company in writing at the Company’s business address or electronically to the email provided on the sample form.


If the buyer, who is a consumer, withdraws from the purchase contract, they must return or deliver the goods received from the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract.


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



Date:

Signature: