• These terms and conditions (hereinafter referred to as "terms and conditions") of the business company SKAIA apparel s.r.o., with its registered office at Řemíčov 6, 391 43, Řemíčov, identification number: 19416032, registered in the Commercial Register maintained by the Regional Court in České Budějovice, section C, file 33267 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of Section 1751 (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 based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address skaia.cz (hereinafter referred to as the "website"), and through the website interface (hereinafter referred to as the "web interface of the store").
• The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person who acts in the course of their business activity or in the course of their independent profession when ordering goods.
• Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of the terms and conditions.
• The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
• The seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

• Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also place orders for goods without registration directly from the web interface of the store.
• When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in case of any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
• Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
• The buyer is not authorized to allow third parties to use the user account.
• The seller may cancel the user account, especially in the event that the buyer does not use their user account for more than 2 years, or in the event that the buyer violates their obligations under the purchase agreement (including the terms and conditions).
• The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third parties' hardware and software equipment.

• All presentations of goods placed 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 provisions of Section 1732 (2) of the Civil Code do not apply.
• The web interface of the store contains information about the goods, including the prices of individual goods and the costs for returning goods, if these goods, by their nature, cannot be returned by ordinary postal means. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid for the period 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 negotiated conditions.
• The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated in the web interface of the store applies only to cases where goods are delivered within the territory of the Czech Republic.
• To order goods, the buyer fills out an order form in the web interface of the store. The order form contains especially information about:
  • ordered goods (the buyer "places" the ordered goods into the electronic shopping cart of the web interface of the store),
  • the method of payment for the purchase price of the goods, information about the requested delivery method of the ordered goods, and
  • information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
• Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also with regard to the buyer's ability to identify and correct errors made during data entry into the order. The buyer sends the order to the seller by clicking on the button "Complete order". The data stated in the order are considered correct by the seller. The seller will confirm receipt of the order to the buyer immediately after receiving it by electronic mail, to the buyer's electronic mail address stated in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
• The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
• The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (acknowledgment), which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.
• The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the basic rate.

• The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase agreement to the seller in the following ways:

by cashless payment system;

by cashless payment card;

• Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price hereinafter also refers to the costs associated with the delivery of goods.
• The seller does not require a deposit or any similar payment from the buyer. This does not affect the provisions of Article 6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
• In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 working days from the conclusion of the purchase agreement.
• In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account.
• The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 6), to demand payment of the entire purchase price before the goods are dispatched to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
• Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
• If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice – to the buyer for payments made on the basis of the purchase agreement. The seller is not a payer of value-added tax. The seller will issue the tax document – invoice – to the buyer after the price of the goods has been paid and send it in electronic form to the buyer's electronic address.
• According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in case of technical failure, then no later than 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
   • The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement, among other things, for the delivery of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the delivery of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygiene reasons, and from a purchase agreement for the delivery of an audio or video recording or computer program if the buyer has broken their original packaging.
   • Unless it is a case specified in Article 1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days of receiving the goods, whereby if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The 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 the terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the seller's electronic mail address: theskaiashop@gmail.com.
   • In the event of withdrawal from the purchase agreement according to Article 2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase agreement 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 ordinary postal means due to their nature.
   • In the event of withdrawal from the purchase agreement according to Article 2 of the terms and conditions, the seller will return the monetary funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided to the buyer already upon the buyer's return of the goods or in another manner, if the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received monetary funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
   • The seller is entitled to unilaterally set off any claim for damages to the goods against the buyer's claim for a refund of the purchase price.
   • In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.
   • If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the dissolving condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective, and the buyer is obliged to return the provided gift to the seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
   • If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
   • If the seller is obliged according to the purchase agreement to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
   • If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
   • Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In case of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights arising from liability for defects in goods and other rights of the buyer arising from generally binding legal regulations.
   • Other rights and obligations of the parties during the transport of goods may be regulated by special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   • The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially 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).
   • The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer for the goods having the following characteristics at the time the buyer took possession of them:
     • the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer, or which the buyer expected considering the nature of the goods and based on their advertising,
     • the goods are suitable for the purpose stated by the seller for their use or for which goods of that 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 legal requirements.
   • If a defect becomes apparent within six months of receipt, the goods are presumed to have been defective upon receipt.
   • The seller has obligations arising from defective performance at least to the extent that the manufacturer's obligations for defective performance continue. Otherwise, the buyer is entitled to claim rights arising from a defect that occurs in consumer goods within twenty-four months of receipt. If the period for which the goods can be used is indicated 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 quality warranty shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or will retain their usual properties for a certain period. If the buyer has legitimately notified the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
   • The provisions specified in Art. 4 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods for a defect corresponding to the degree of use or wear that the goods had when received by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights from defective performance if the buyer knew of the defect before taking possession of the goods, or if the buyer caused the defect himself.
   • Rights arising from liability for defects in goods are exercised with the seller. However, if the confirmation issued by the seller regarding the extent of liability for defects (within the meaning of Section 2166 of the Civil Code) names another person designated for repair, who is at the seller's place of business or a place closer to the buyer, the buyer shall assert the right to repair with the person designated to carry out the repair. Except for cases where another person is designated to carry out the repair according to the preceding sentence, the seller is obliged to accept a complaint at any business premises where accepting complaints is possible with regard to the range of products sold or services provided, or at the seller's registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the buyer requests; and further, a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for refusing the complaint. This obligation also applies to other persons designated by the seller to carry out the repair.
   • Rights arising from liability for defects in goods can be specifically exercised by the buyer via email at theskaiashop@gmail.com.
   • The buyer shall inform the seller of the right they have chosen when reporting the defect, or without undue delay after reporting the defect. The buyer cannot change the chosen option without the seller's consent; this does not apply if the buyer requested the repair of a defect that proves to be irreparable.
   • If the goods do not have the properties stipulated in Art. 2 of the terms and conditions, the buyer may also demand the delivery of new goods without defects, unless this is disproportionate given the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only demand the replacement of the part; if this is not possible, they may withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. The buyer also has the right to delivery of new goods or replacement of a part in the case of a remediable defect if they cannot properly use the goods due to the repeated occurrence of the defect after repair or a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to receive new goods without defects, to have a part replaced, or to have the goods repaired, they may demand a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as if the seller does not remedy the situation within a reasonable time or if remedying the situation would cause the buyer significant difficulties.
   • Anyone who has a right under § 1923 of the Civil Code is also entitled to compensation for costs purposefully incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiration of the period in which the defect must be notified, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
   • Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
   • The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   • The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
   • The seller handles consumer complaints via the email address theskaiashop@gmail.com. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
   • 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 out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
   • 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 (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).
   • The seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out within their competence by the relevant trade licensing office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within its defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
   • The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
   • 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) (hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract, and for the purposes of fulfilling the seller's public law obligations, through a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
    • The buyer agrees, in accordance with the provisions of Section 7 (2) of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the seller to the buyer's electronic address or telephone number. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications through a separate document.
    • The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and for the seller to fulfill the obligations arising from the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time.
11. DELIVERY
    • Delivery to the buyer may be made to the buyer's electronic address.
12. FINAL PROVISIONS
    • If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. The choice of law according to the preceding sentence does not deprive the buyer, who is a consumer, of the protection provided by the provisions of the legal order, from which it is not possible to deviate by contract, and which would otherwise apply in the absence of a choice of law according to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
    • If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    • The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
    • An annex to the terms and conditions is a sample form for withdrawing from the purchase contract.
    • Seller's contact details: email address theskaiashop@gmail.com.

In Prague, 20 April 2024