General Terms and Conditions
These terms and conditions apply to the sale of goods through the online shop located at www.onglazz.com.
These terms and conditions are not a binding legal document. They are only an approximate translation of the original document from the website www.onglazz.cz. We have created it for the good cause of increasing the convenience for our foreign language customers. Our business is governed by the Czech law principles. 1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company TONKS LLC, with registered office at Banskobystrická 188/11, Řečkovice, 621 00 Brno, identification number: 09893644, VAT CZ09893644, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, Insert 115902 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.onglazz.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").1.2. Provisions deviating from the Terms and Conditions may be agreed within the framework of an individual purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The conclusion of the Purchase Contract shall be deemed to be the execution of the order by the Buyer. By clicking on "Complete Order" the Buyer agrees to the General Terms and Conditions, which are available for viewing on the website.1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions. 2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.2.2. The prices of the goods are inclusive of all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.2.3. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.2.4. To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information on: 2.4.1. the goods ordered (the goods ordered are "inserted" by the Buyer after personalizing the product in the electronic shopping cart of the web interface of the Shop),2.4.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order"). 2.5. Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").2.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).2.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.2.8. The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate. 3. PRICE OF GOODS AND PAYMENT TERMS
3.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways: • via the payment system Gopay; ApplePay; Paypal, bank transfer, cash on delivery (in some countries), Amex, Discover and others 3.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods..3.3. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.4 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance..3.4. The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.3.5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.3.6. The Seller is a payer of value added tax. The Seller shall issue the tax document in the form of an acceptance and summary e-mail to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address. 4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, the Purchase Contract for the supply of perishable goods, as well as goods that, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged. 4.1.1. In the case of payment on delivery, the transport company cannot guarantee that the buyer will take delivery of the goods, although he is obliged to do so according to clause 4.1 of these GTC. In the event that the Buyer does not take delivery of the goods, the Buyer shall be obliged to reimburse the Seller for the costs associated with the production, packaging and transport of the goods, as they have been irreversibly modified according to the Buyer's wishes or for the Buyer's person. Usually, these costs are set at CZK 400 (four hundred Czech crowns), which the seller may recover from the buyer. Another way of dealing with the non-collection of an order sent by cash on delivery is to resend it at the seller's own expense, but in this case the buyer is required to pay the order in advance 4.2 The Buyer acknowledges that, due to the nature of the goods sold, it is not possible to claim for breakage or breakage of the purchased goods caused by any means other than the fault of the carrier. The Seller shall properly mark the goods as fragile directly on the shipping box before they are handed over for shipment. By this step, the buyer is deemed to be properly informed of the nature of the goods purchased. Other defects, such as soiling or incorrectly printed information on the goods, can be claimed in the standard way, see Article 4.1 and further Articles 6.1-6.10.4.3. Unless it is a case referred to in Article 4.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence: complaints@onglazz.com complaints@onglazz.com 4.4. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be canceled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.4.5. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer, unless otherwise agreed. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.4.6. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.4.7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes delivery of the goods. In such a case, the seller shall return the purchase amount to the buyer without undue delay, in the same manner as the seller received it from the buyer, unless otherwise agreed.4.8. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.4.9. The Buyer acknowledges that the goods offered by the Seller (printed glass plates) are decorations intended for interior decoration. The Buyer will not be entitled to claim for the goods if the plate is exposed to steam, moisture or other natural elements and also if the Buyer has stored the plate in any outdoor areas resulting in damage to the plate. Buyer further acknowledges that the glass plate must be cleaned only with a dry cloth. Cleaning with a wet cloth may damage the back of the plate in particular, where the print layer is located. In the event of damage to the plate during cleaning with a wet cloth, the Seller is also not obliged to accept the Buyer's claim. In addition to the GTC, the Buyer can also find the information referred to in point 4.9 in the FAQ section directly on the website www.onglazz.com and is not concealed from the Buyer in any way. 5. TRANSPORT AND DELIVERY OF GOODS
5.1. In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of transport..5.2. If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods on delivery.5.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.5.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.5.5. During the order process, the Buyer has the option of selecting "Personal Collection" as the preferred method of picking up the order. In this case, the goods will not be handed over to the carrier, but will be ready for personal collection directly at the address of OnGlazz's premises: Hlavní 108, A1 Park Lelekovice, 664 31, Czech Republic. The buyer will be notified by e-mail. The order will be ready for pick-up for 14 days after it has been stored at the premises. Thereafter, in case of non-pickup by the buyer due to capacity reasons, it will be canceled. In this case, the buyer may withdraw from the purchase contract retroactively, but must pay the seller a fee of 400 CZK for each glass plate in order to cover the production costs of the uncollected order.5.6. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller. 6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).6.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods: 6.2.1. the goods have the characteristics agreed between the parties,6.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,6.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,6.2.4. the goods are in the appropriate quantity, measure or weight; and6.2.5. the goods comply with the requirements of the legislation. 6.3. If a defect becomes apparent within fourteen (14) days of receipt, the goods shall be deemed to have been defective upon receipt.6.4. The Seller shall have obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance continue. The Buyer shall otherwise be entitled to exercise the right under a defect that occurs in the consumer goods within fourteen (14) days of receipt.6.5. The provisions set out in Article 6.2 of the Terms and Conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the level of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.6.6. The rights of liability for defects in the goods shall be asserted against the seller. If, however, the certificate issued to the seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated for repair who is in the place of the seller or in a place closer to the buyer, the buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.6.7. The Buyer may specifically exercise his rights under the liability for defects in the goods, by e-mail at complaints@onglazz.com.6.8. The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.6.9. If the goods do not have the characteristics set out in Article 6.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to 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, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this 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 delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.6.10. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure. 7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.7.2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.7.3. Consumer complaints are handled by the Seller via the electronic address complaints@onglazz.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.7.4. 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 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 under the purchase contract.
7.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is 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).
7.6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended..7.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code. 8. PROTECTION OF PERSONAL DATA
8.1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 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") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public obligations by means of a separate document. 9. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1. The Buyer agrees to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.9.2. The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer can withdraw the consent according to the previous sentence at any time. 10. FINAL PROVISIONS
10.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is 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 the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of 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)..10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions..10.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.10.4. Contact details of the Seller: delivery address TONKS LLC, Banskobystrická 188/11, Řečkovice, 621 00 Brno, e-mail address info@onglazz.com. Brno, 1 February 2024TONKS LLC