GENERAL TERMS AND CONDITIONS

of the company TOTEMO s.r.o., ID No.: 08268746, with its registered office at Neklanova 123/19 , 12800 Praha 2, for the sale of goods through the eshop available at eshop.totemo.eu.

1. WHO WE ARE?

   TOTEMO s.r.o.,
   registered office: Neklanova 123/19 , 12800 Praha 2 (“registered office”)
   ID No: 08268746
   VAT ID No: CZ08268746

   (“seller” or “us”),

   bank account: IBAN: CZ4920100000002002726197, SWIFT: FIOBCZPPXXX

2. HOW CAN YOU CONTACT US?

   Where you can also find us: At the address of our warehouse: TOTEMO s.r.o., U Silnice 949/11, 161 00 Praha (“warehouse address”).

   Telephone: +420 799 797 211(working days from 9:00 to 16:00) 

   Email: [email protected]

3. WHAT ARE THE TERMS THAT ARE REPEATED IN OUR GENERAL TERMS AND CONDITIONS?

   email address the customer's email address provided in the user account, in the order or in another of our forms;

   eshop our eshop, which we operate on the website;

   purchase agreement contractual obligation containing a collection of rights and obligations - between us as the seller and you as the buyer, which we enter into together on the basis of your order of our goods on our website;

   Civil Code Act No. 89/2012 Coll., the Civil Code;

   entrepreneur a natural person or a legal person that performs a continuous business activity - in its own name, on its own account and for profit; we assume that a customer who provides its ID number / VAT number or company details in the order legally acts with us as an entrepreneur;

   consumer každá fyzická osoba, která právně jedná bez jakékoliv souvislosti se svou podnikatelskou činností nebo samostatným výkonem svého povolání; 

   GTC these general terms and conditions, i.e. the rules that bind us and you when entering into a purchase agreement;

   website internet address eshop.totemo.eu;

   customer it is you, the buyer, whether you are a consumer or an entrepreneur.

4. WHAT ARE WE REQUIRED TO DISCLOSE TO ALL CUSTOMERS BEFORE ENTERING INTO A PURCHASE AGREEMENT?
   1. Seller's authorisations and supervisory authorities.The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. 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.
   2. llustrative nature of the photographs of the goods. All photographs and displays of goods on the website are for illustrative purposes only.
   3. Good, price, costs.
      1. The description of our goods, including their main features, is available at our website.
      2. The prices of the goods are inclusive of VAT, including statutory charges.
      3. We do not charge any additional costs for telecommunications (e.g. if you call us on our telephone number, you will only pay your normal telephone call rate).
   4. Personalisation of prices. We will personalize prices on the basis of automated decision-making (price personalisation) only with your explicit consent; we do not adjust prices for customers without their consent. We personalize prices for our customers based on cookies and other data provided. For more information, please see our Privacy Policy. The customer has the right to object to the personalized prices and, in case of doubt, may request that the price setting be verified by an employee of the eshop.
   5. Payment options. Thespecific terms of payment methods and shipping options are described in more detail during the order itself. We will deliver the goods to you via the carrier you choose from the options we offer.
   6. Binding order. By submitting an order by clicking the button for the completion of the order in our online shop, the customer creates a binding order, which binds the customer to payment. The customer has the opportunity to review and correct or change its order before its submission, as described in more detail in section 7 of the GTC.
   7. Binding nature of the GTC.By submitting your order, you also confirm that you have read the GTC. 
   8. Customer's rights from defective performance. The customer's rights under defective performance or warranty and the conditions for exercising them are described in section 13 of the GTC.
5. WHAT ARE WE REQUIRED TO DISCLOSE TO CONSUMERS BEFORE ENTERING INTO A PURCHASE AGREEMENT?
   1. Right of withdrawal from the purchase agreement.The consumer customer has the right to withdraw from the purchase agreement without giving reasons (unless otherwise stated) within a period of 30 days, which starts at the latest:
      1. for a purchase contract, from the date of receipt of the goods; or
      2. for a purchase contract with delivery with several pieces/parts, from the date of acceptance of the last delivery of goods; or
      3. for a purchase contract with repeated deliveries of goods, from the date of acceptance of the first delivery,

      while the consumer has the right to withdraw from the purchase agreement even before the time specified in Articles 5.1.1 to 5.1.3 by notifying us its intention to withdraw from the purchase agreement, by any unambiguous declaration, for example by filling in and sending the withdrawal form or by contacting us via email [email protected]. 

   2. When it is NOT POSSIBLE to WITHDRAW from the purchase agreement.The customer is not entitled to withdraw from the following contracts:
      1. for the delivery of goods that have been customized and/or created at the customer's request or for the customer;
      2. for the delivery of goods, the price of which is dependent on fluctuations in the financial markets beyond our control, which may occur during the withdrawal period;
      3. on the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
      4. the supply of goods in sealed packaging which the consumer has removed and which, for health or hygiene reasons, it is not appropriate to return after the consumer has broken it, including audio or visual recordings and computer programs where the customer has broken their original packaging;
      5. for accommodation, transport of goods, hire of means of transport, catering or use of leisure time if the contract is to be performed on a certain date or within a certain period (e.g. booking a specific date for a personal tryout offered by us);
      6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply;
      7. on the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance began with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance extinguishes the right to withdraw from the contract;
      8. for urgent repairs or maintenance to be carried out at a place designated by the consumer at his/her express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance;
      9. on the provision of digital content, unless it has been delivered on a tangible medium and has been delivered with your prior express consent before the expiry of the withdrawal period and we have informed you before the conclusion of the purchase contract that in this case you do not have the right to withdraw from the purchase contract.
   3. Obligation of the consumer when withdrawing from the purchase agreement. If the consumer withdraws from the purchase agreement, it is obliged to send us back the goods obtained on the basis of the purchase agreement from which it withdrew within 14 days from the moment of withdrawal from the purchase agreement. The consumer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in the condition and value in which they were received.
   4. Reduction in the value of goods.In the event of withdrawal from the purchase agreement, the customer is liable for any reduction in the value of the returned goods that has occurred as a result of handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods. In the event that damaged or incomplete goods are returned to us, we will set off our claim for compensation against the purchase price you are claiming back. We will always assess the specific case to determine the extent of damage, deterioration of the goods and determine the corresponding reduced value. We will inform you of these steps by email or telephone.
   5. How to return the goods? The easiest way to return an item is via our online form. Depending on the dimensions of the goods you will be able to choose a specific carrier from our offer. You can then download the return label, which will be also sent to your email address. Finally, you will take the returned goods to the specific courier as instructed in the email. In this way of returning the goods when withdrawing from the purchase agreement, the shipping costs are covered by us.
   6. If you wish to return the goods in person or send them without using our online form.It is not necessary to use our online withdrawal form, you can also agree with us by phone, email or in person on the return. Please send the goods back or bring them in person to our warehouse address (by prior arrangement, on working days between 9am to 3pm). The costs of returning the goods in this way when withdrawing from the purchase agreement is at the customer’s expense, unless we agree otherwise.
   7. Refund of the purchase price.In the event of withdrawal from the purchase agreement within the withdrawal period, we are obliged to refund all money to the customer, using the same payment method as when the money was received or to the bank account specified by you, no later than 14 days after withdrawal from the purchase agreement. Please note that we are only entitled to refund your money when we receive the returned goods back from you.
   8. Complaints.We provide out-of-court handling of customer complaints via email [email protected].
   9. Alternative dispute resolution.The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs , is competent for the out-of-court settlement of consumer disputes arising from a purchase agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the customer arising from a purchase agreement.
   10. European Consumer Centre Czech Republic.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 No. 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
   11. Reviews. Reviews can be submitted via Heureka or Zboží . Review can be submitted by customers who have been verified by us as having actually purchased goods from us. The link for submitting the review will be sent to the customer electronically, unless the customer has opted out. 
   12. False or incomplete reviews.We reserve the right not to publish customer reviews that are untrue, contain inappropriate language or are unrelated to the goods purchased.
   13. Harm caused by incorrect or incomplete information.We exclude any liability for damage caused by incorrect or incomplete information or advice, in particular in cases where the achievement of a certain result depends on the actions of the addressee or other persons, or on uncontrollable facts or chance.
6. REGISTRATION, USER ACCOUNT AND LOYALTY PROGRAM
   1. Registration.You can do your shopping with us even without a registration. If you choose to register, you will have a better overview of your order history, new order status, etc. You can register as a customer on the website by filling in the registration form. To create a registration, it is necessary to confirm that you have read the contents of the GTC and the Privacy Policy.
   2. Obligation to provide true and correct information. When registering on the website and when ordering goods, the customer is obliged to provide correct and truthful information. The customer is obliged to update the information provided in the user account whenever it changes. The information provided by the customer in the user account and when ordering goods is considered correct by the seller.
   3. User account.Your user interface can be accessed using your e-mail address and selected secure password (“user account”), where you can, among other things, place orders for goods.
   4. User account blocking. The customer is obliged to maintain confidentiality regarding the information necessary to access its user account. The customer is not entitled to allow third parties to use the user account. We may disable a user account after three (3) unsuccessful login attempts. We do this for security reasons, in particular to prevent misuse of the customer's user account. If your user account is blocked, please contact us at [email protected].
   5. Ability to cancel a user account when not in use.We may cancel a user account, in particular if the customer does not use his/her user account for more than 1 year or if the customer breaches his/her obligations under the purchase agreement as set out by the GTC.
   6. Necessary maintenance.The customer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance.
7. HOW TO ORDER AND CONCLUDE A PURCHASE AGREEMENT
   1. Creating an order.By placing the goods in the shopping cart, selecting the method of transport and payment for the selected goods and filling in the contact and billing information, the customer creates his order on the eshop.
   2. Product features.The customer is obliged to familiarize itself with the characteristics, type and recommended use of the goods before completing the order. By placing an order, the customer confirms that it has read and understands this information.
   3. Order check.Before completing the order, the customer is allowed to check and change the data he/she has entered in the order.
   4. The process of sending an order.The order is sent by clicking on the button for completion of the order and the order process is thus completed. By placing an order, the customer confirms that it has agreed to these general terms and conditions and has read our Privacy Policy.
   5. Accuracy of the data filled in the order.The information provided in the order is considered correct by the seller. If during the processing of the order it is found that obviously false or incomplete data has been used, we may refuse the order, of which you will be notified by email. The customer may be held liable for any damage caused by providing deliberately false or incorrect information.
   6. Additional order confirmation.The seller is entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the customer for an additional order confirmation (for example, in writing or by telephone) and is also entitled to ask the customer to clarify the correctness of the size selection of the goods.
   7. When is the purchase agreement concluded? The purchase agreement is concluded upon pressing the button for completion of the order.
   8. Confirmation of the order by the seller.A customer who completes an order will receive an automatic order confirmation from us to the customer's email address.
   9. Obligations of the seller.By concluding the purchase agreement, we undertake to hand over the purchased goods to you and to enable you to acquire ownership of the goods.
   10. Obligations of the buyer. By entering into the purchase agreement you undertake to accept the goods and to pay us the price of the goods.
   11. A copy of the GTC and the withdrawal form.The customer will receive a copy of the concluded purchase agreement, i.e. the current version of the GTC to the customer's email address. The customer shall also receive the withdrawal form within the statutory time limit.
   12. Means of remote communication. The customer agrees to the use of remote means of communication in concluding the purchase agreement. The costs incurred by the customer in using the means of distance communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) shall be borne by the customer, and these costs shall not differ from the basic rate.  
   13. Telephone order. The goods can also be ordered by telephone.If you complete your order in this way, you will receive a confirmation from us of the creation of the order, including the total price for the goods and the costs associated with the packaging and delivery of the goods chosen by the customer to your email address you provided in the telephone call, together with these general terms and conditions, the Complaints Procedure, Privacy Policy and the withdrawal form. The conclusion of the purchase agreement will take place at the moment of delivery of the confirmation of receipt of the order to your email specified in the order.
8. PRICE OF GOODS AND METHOD OF PAYMENT
   1. Price.All prices of goods and services are quoted in CZK and are inclusive of VAT. The price of goods and services is valid for the period of time it is displayed on the eshop website, but this does not mean that we cannot conclude a purchase agreement with some of our customers on individually negotiated terms.
   2. Payment method.You may pay us the price of the goods and services, and any costs associated with the delivery of the goods under the purchase agreement, by the methods set out in the second step of the order, in particular:
      1. cash or credit card to the carrier (cash on delivery);
      2. by bank transfer;
      3. online by credit card;
      4. Google Pay/Apple Pay;
      5. by invoice.
      
      

      The customer chooses the method of payment and delivery during the order process.

   3. Deposit on the price of the goods.We may require the customer to make a deposit or other similar payment.
   4. Packing and shipping costs.On our eshop website you can also find information about the costs associated with packaging and delivery of goods. The amount of the costs will depend mainly on the chosen carrier and the location where the goods will be delivered.
   5. Delivery charges.Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods and any surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Before the binding completion of the order, the customer will be informed of the final price including the costs of packaging and shipping.
   6. Discounts on the price of the goods.Any discounts on the price of goods granted by us to customers cannot be combined with each other.
   7. The unrealistic price of the goods. In case of displaying an unrealistic price of 0 CZK (in words: zero Czech crowns) or displaying a highly non-marketable price, where a non-marketable price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact to the customer's email address.
   8. Form of invoice.We agree that invoices will be sent electronically to the customer's electronic address.
   9. Gift vouchers. We offer our customers the possibility to purchase gift vouchers in any amount. Each voucher has its own unique code and will be sent after payment of the purchase price to your email. It is always possible to use only the full amount of the voucher, not to use it in parts. The voucher is valid for 6 months from the date of purchase. In order to redeem the gift voucher on the website, you must fill in the field in the "shopping cart" section to enter the unique gift voucher code. The value of the gift voucher is deducted from the total price of your purchase in the shopping cart. Please note that the voucher code will be sent to you electronically. The gift voucher cannot be combined with other discount codes. Forgery or alteration of the voucher is not allowed. Forgery may also be a criminal offense. It is not possible to withdraw from the purchase agreement if the gift voucher has already been used.
   10. Shipment insurance. If we offer the shipment insurance on the eshop website, you have the option to purchase "shipment insurance" during the order process. This insurance guarantees that a new package will be sent to you immediately if it is damaged or lost.
9. EVERYTHING YOU SHOULD KNOW ABOUT DELIVERY
   1. Delivery time. If the goods are stated to be in stock, we generally dispatch the goods with a delivery time of 3 working days from the receipt of the order or other deadline, if specified, and we undertake to deliver the goods within a maximum of 30 days from the time of conclusion of the purchase agreement. This delivery time does not apply to goods that will be adjusted at the customer's request (in these cases, the delivery time will always be agreed individually). Similarly, this does not apply to goods that are in stock of our suppliers (we usually deliver those goods within 14 days) or in production (here, in rare cases, the delivery time may be in the range of months - in this case, we always consult the situation with you individually and offer you a possible replacement with similar goods, cancellation of the order and refund). Sometimes it may happen that goods marked "in stock" are sold out in a short period of time. Should a situation arise where we run out of goods and are unable to deliver the goods you have ordered within the time specified, then we will contact you to agree a course of action. If the goods are stated to be "On Request", we will agree on the delivery time with you individually as delivery depends on the capabilities of our subcontractor. Despite the stated delivery time, we always try to prepare and deliver the order to the customer as soon as possible.
   2. Method of delivery, personal collection. The customer has the choice to have the goods delivered to any address via our contracted carrier for the shipping price stated during the order process.
   3. Receipt of goods.When goods are transported by us to the customer, the goods are handed over to the customer at the point of handover (usually the first door/gate/gate at the delivery point designated by the customer). It is at the moment of receipt of the goods by the customer that the risk of damage and accidental deterioration of the purchased goods passes to the customer. In the case of personal pickup by the customer, the goods shall be deemed to have been delivered at the moment of the pickup by the customer or another person designated by the customer.
   4. Cost of a specific mode of transport.In the event that a method of transport is agreed upon at the customer's specific request, the customer bears the risk and any additional costs associated with this method of transport.
   5. Re-delivery and costs associated with it.In the event that, for reasons on the customer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the customer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery. If the buyer does not accept the delivery of the goods, the seller is entitled to claim compensation for the costs of repeated delivery at the request of the buyer. At the same time, the seller is entitled to require the buyer to pay in advance when the buyer places another order in the interest of protecting its interests and preventing damage.
   6. Damage that may be incurred by the seller by not taking delivery of the goods. If the customer-consumer does not take over the goods when they are delivered by the carrier, the goods are subsequently returned to the seller and at the same time the customer-consumer does not withdraw from the purchase agreement within 14 days of the unsuccessful delivery of the goods, the seller is entitled to claim from the customer the costs charged by the carrier for the delivery of the goods back to the seller. This cost constitutes damage to the seller which has been caused by the breach of the customer's legal obligations within the meaning of Section 2913(1) of the Civil Code. The Seller is also entitled to charge a storage fee of 200 CZK and the seller is also entitled to withdraw from the purchase agreement.
   7. Non-acceptance of goods in relation to the entrepreneur.If the entrepreneur-customer does not take over the goods when they are delivered by the carrier and the goods are subsequently returned to us as the seller, we are entitled to claim from the entrepreneur customer the costs charged by the carrier for delivery of the goods back to our address. This cost constitutes damage for the seller which has been caused by the breach of the legal obligations of the customer-entrepreneur within the meaning of Section 2913 (1) of the Civil Code. The seller is also entitled to charge a storage fee of 200 CZK and is also entitled to withdraw from the purchase agreement.
   8. MPossibility of offsetting claims.We are entitled to unilaterally set off the claim for payment of the costs of storage of the goods and the claim for compensation for damages for breach of the customer's legal obligations under this part of the GTC against the customer's claim for refund of the purchase price in accordance with Section 2913 of the Civil Code.
   9. Customer's obligation upon receipt of the goods. The customer is obliged to inspect the goods upon receipt and to ascertain their characteristics (in particular whether the customer has received the correct type of goods, whether the goods are of the agreed quality, whether the goods contain everything in their packaging that the instructions say they should contain). In case of visible damage to the consignment by the carrier, the customer is obliged not to accept such consignment from the carrier at all. We shall not be liable for any damage caused by the carrier or late delivery of the goods, whatever the reason for the delay.
10. TAKE-BACK OF ELECTRICAL EQUIPMENT
    1. Take-back obligation. In accordance with Act No. 542/2020 Coll., on end-of-life products, we provide free of charge take-back of goods purchased by you, which are electrical equipment. For the take-back of electrical equipment, we have a concluded contract with the company REMA Systém, a.s., Budějovická 1667/64, Prague 4, ID No.: 64510263 (“REMA”) . REMA carries out the take-back of waste electrical equipment for us at its collection points https://www.rema.cloud/o-nas#sberna-mista . The customer also has the right to request the seller by phone or email [email protected] to provide free of charge take-back of waste electrical equipment in the same quantity as already purchased electrical equipment of a similar type. The customer can also hand in the electrical waste on working days from 8:00 to 16:00 at our warehouse address. 
11. RETENTION OF TITLE
    1. Full payment of the purchase price.We reserve title to the goods for our customers until full payment of the purchase price according to the respective purchase agreement. This means that if you do not pay the purchase price, you do not become the owner of the goods.
    2. Reservation to entrepreneurs.For entrepreneurs-customers, we reserve ownership of the goods until all debts owed to us by them have been paid. The customer must handle the goods subject to retention of title with due care and insure them sufficiently, at their expense, for the value of new goods in the event of damage.
12. WITHDRAWAL FROM THE PURCHASE AGREEMENT
    1. Consumer's right to withdraw from the purchase agreement.The consumer's right to withdraw from the purchase agreement shall be governed by the provisions set out in Section 5 of the GTC.
    2. Right of the entrepreneur to withdraw from the purchase agreement.Entrepreneurs-customers have the right to withdraw from the purchase agreement as permitted by applicable law. The entrepreneur-customer does not have the right to withdraw from the purchase agreement without giving any reason within 14 days, this right belongs only to the consumer. If the entrepreneur returns the goods to us and there is no complaint of defects according to the Civil Code, we inform the entrepreneur-customer that we may charge him for the storage costs of these goods according to clause 9.7 of the GTC and we will also invite the entrepreneur-customer to take back these goods.
    3. Unpaid purchase price. If the customer has not paid the purchase price properly and on time, we may withdraw from the purchase agreement.
    4. Procedure when stocks are sold out.We are entitled to withdraw from the purchase agreement due to the stock out of goods or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase agreement in particular if the customer refuses to accept the goods.
    5. Gift.If the customer receives a gift together with the goods and subsequently withdraws from the purchase agreement with us, the customer is obliged to return the gift to us. The donation contract between us and the customer is therefore concluded with the so-called resolutive condition that if the customer withdraws from the purchase agreement, the donation contract with respect to such gift shall cease to be effective.
13. WHAT IF THE GOODS ARE DEFECTIVE?
    1. Reference to the Civil Code.The rights and obligations of the parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
    2. Reference to the Complaints Procedure.Further rights and obligations of the parties relating to our liability for defective goods are regulated in our Complaints Procedure.
14. PERSONAL DATA PROTECTION
    1. Privacy Policy.The protection of our customers' personal data is very important to us. The rules for processing personal data and the rules for sending commercial communications are regulated in our Privacy Policy.
    2. Cookies.We use so-called cookies, which can be stored on the end device (either with consent or to protect our legitimate interests). Customers can set their preferences directly on our website.
15. FORCE MAJEURE
    1. What is force majeure? For the purposes of the GTC, force majeure shall be deemed to be any event independent of the will of the seller which prevents the performance of its obligations and which could not have been foreseen or its consequences averted or overcome. In particular, force majeure shall include natural disaster, fire, explosion, flood, earthquake, terrorist attack, war, strike or other events (including situations caused by the spread of COVID-19 disease) beyond the control of the parties.
    2. Exclusion of liability of the seller.During the period of force majeure, the seller shall not be liable for non-performance of its obligations under the purchase agreement, and consequently the GTC.
16. WHAT YOU SHOULD ALSO KNOW
    1. What law governs our legal relationship? The legal relationship between us will be governed by the law of the Czech Republic, in particular the Civil Code. This also applies if there is an international element present. However, we are aware that the consumer cannot be deprived of the protection afforded by the provisions of the law of the country of his habitual residence by this choice.
    2. Commitment to respect consumer rights.In the event of an unintentional conflict between the provisions of these GTC and statutory provisions for the protection of consumers, these provisions shall prevail and the seller undertakes to comply with them as such.
    3. Invalid or ineffective provisions of the GTC.If any provision of the GTC 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 or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity or effectiveness of the other provisions.
    4. Exclusion of the Vienna Convention.The parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention) in accordance with Article 6 of the Convention.
    5. Disputes and jurisdiction.The parties further agree that the courts of the Czech Republic for the district of Prague shall always have local and subject matter jurisdiction to resolve any disputes arising from the purchase agreement where an international element is present. This is without prejudice to the rights of consumers under special legislation. The contractual language shall be Czech.
    6. Archiving of the purchase agreement.The purchase agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties.
    7. Withdrawal form.The withdrawal form is an integral part of the GTC.
    8. If we agree on different conditions for the conclusion of the purchase agreement.The provisions of the GTC are an integral part of the purchase agreement. Provisions deviating from the GTC may be agreed in the purchase agreement. The deviating provisions in the purchase agreement take precedence over the provisions of the GTC.
    9. Acceptance of the GTC is necessary for the conclusion of the purchase agreement.Acceptance of the GTC is voluntary, but is necessary for the creation of a user account or order by the customer. 
    10. Validity of the GTC.The GTC are valid as of 20 March 2024 and supersede the previous terms and conditions.