Introductory Provisions

These general terms and conditions (hereinafter referred to as the “terms and conditions”) of CHu., with its registered office in Střední 65/2, 162 00 Prague 6, Identification Number: 10809783 (hereinafter referred to as the “seller”), govern the mutual rights and obligations of the contracting parties when concluding a purchase contract between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through an online store (hereinafter referred to as the “online store”), which is located at www.chuofficial.cz.

The terms and conditions do not apply in cases where the person intending to purchase goods from the seller does so within the scope of their business activities – in such cases, the general legal regulations for purchase contracts contained in Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), apply.

The display of goods on the website does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.

By placing an order, the buyer confirms that they have read the current version of these Terms and Conditions, including the Complaints Procedure, each time a contract is concluded, that they understand them, and that they agree with their contents.

 

Order and Conclusion of the Purchase Contract

The online store contains a list of goods offered by the seller for sale, including the prices of each offered item. The prices of the offered goods are listed inclusive of value-added tax (VAT). The offer of goods for sale and their prices remain valid for as long as they are displayed in the web interface of the online store. All offers for the sale of goods displayed in the web interface of the online store are non-binding, and the seller is not obliged to conclude a purchase contract for these goods.

Information about the costs associated with the delivery of goods, provided in the web interface of the online store, applies only in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic.

To order goods, the buyer adds the items to the shopping cart and follows the instructions provided in the purchasing process. The buyer completes the order form, which contains, in particular, information on the buyer’s delivery details, the chosen method of payment for the goods, and the selected delivery method.

After confirming the method of payment for the purchase price of the goods and before sending the order to the seller, the buyer is allowed to review and modify the details they have entered in the order, including the option to detect and correct any errors made during the data entry process (hereinafter referred to as the “order”).

The buyer sends the order to the seller by clicking on the “Buy” button. The information provided in the order is considered correct by the seller. The seller will confirm receipt of the order to the buyer via email, sent to the buyer’s email address as specified in the order. The contract is concluded at the moment this order confirmation is delivered.

The buyer agrees to the use of remote communication tools when concluding the purchase contract. Any costs incurred by the buyer when using remote communication tools in connection with concluding the purchase contract (e.g., internet connection fees, phone call costs, etc.) are borne by the buyer, and these costs do not differ from the standard rate.

 

Price of Goods, Payment, and Delivery Terms

The buyer may pay the price of the goods and any potential delivery costs to the seller according to the payment methods specified by the seller on the website. Along with the purchase price, the buyer is also required to pay the seller any costs associated with the packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

The seller may require a deposit or a similar advance payment from the buyer. The buyer will be informed of this before concluding the contract, either in the product description or during the order placement process.

In the case of a cashless payment, the buyer is required to pay the purchase price of the goods along with providing the payment reference (variable symbol). In the case of a cashless payment, the buyer’s obligation to pay is fulfilled once the respective amount is credited to the seller’s account.

The seller is entitled to demand payment of the full purchase price and other associated costs before sending the goods to the buyer. The provision of § 2119 paragraph 1 of the Civil Code does not apply.

Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

The buyer is only allowed to submit the order to the seller through the e-shop’s ordering system.

If, according to the contract, the seller is required to deliver the goods to a location specified by the buyer, the buyer is obligated to accept the goods upon delivery. In the event that the goods need to be delivered repeatedly or by a different method due to the buyer’s fault, the buyer is required to pay for the additional costs incurred for such repeated or alternative delivery.

None of the delivery dates agreed upon between the buyer and the seller can be considered as fixed dates under § 1980 of the Civil Code, unless the date is explicitly marked as such and agreed upon with the seller.

Upon receiving the goods from the carrier, the buyer is obligated to check the integrity of the packaging, and in the event of any defects, immediately notify the carrier. If the buyer finds evidence of a breach of the packaging indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the goods were delivered in accordance with all conditions and requirements, and any later claims regarding packaging issues will not be considered.

Withdrawal from the Purchase Agreement

The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement for the delivery of goods customized according to the buyer’s wishes.

If it is not a case mentioned in Article 4.1 or another case where withdrawal from the purchase agreement is not permitted, the buyer has the right, in accordance with § 1829, paragraph 1 of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. The withdrawal period is considered to be maintained if the buyer sends the seller a notice of withdrawal during this period. The withdrawal from the purchase agreement can be made in any manner, for example, by phone at +420 608 554 080 or by email at info@chuofficial.cz. The withdrawal period begins the day after the goods are delivered.

In the event of withdrawal from the agreement as per Article 4.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller undamaged, unused, and, if possible, in the original packaging. In the case of withdrawal from the agreement as per Article 4.2, the buyer bears the costs associated with returning the goods.

Within fourteen (14) days of the buyer returning the goods as per Article 4.3 of the terms and conditions, the seller is entitled to inspect the returned goods, particularly to check whether the goods are damaged or worn.

In the event of withdrawal from the agreement as per Article 4.2, the seller will return the purchase price by bank transfer to the account designated by the buyer, no later than fourteen (14) days after the withdrawal from the agreement. However, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that they have been sent to the seller.

The buyer acknowledges that if the returned goods are damaged, worn, or partially consumed, the buyer is liable to the seller for the reduction in the value of the goods. The seller is entitled to unilaterally offset the claim for damages against the buyer’s claim for a refund of the purchase price.

If a gift is provided to the buyer along with the goods, the gift agreement between the buyer and the seller is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift becomes ineffective, and the buyer is obligated to return the provided gift to the seller along with the goods.

 

Rights from Defective Performance

The rights and obligations of the parties regarding the seller’s liability for defects, including the seller’s warranty liability, are governed by the relevant generally binding regulations (especially § 2158 and following of the Civil Code).

The seller is responsible to the buyer for ensuring that the sold item is in accordance with the purchase agreement, specifically that it is free from defects. Compliance with the purchase agreement means that the sold item has the quality and utility properties required by the contract, described by the seller, or expected based on advertising carried out by the seller, or that it has the usual quality and utility properties for items of that kind, that it meets legal requirements, is in the corresponding quantity, measure, or weight, and is suitable for the purpose indicated by the seller for the use of the item or for which the item is commonly used.

The seller provides a warranty for the goods for a period of 24 months unless otherwise stated on the goods or in the warranty certificate. The warranty period begins from the handover of the goods to the buyer; if the goods are shipped according to the purchase agreement, it starts from the delivery of the goods to the place of performance. The warranty period is suspended from the moment a complaint is filed until the buyer is obliged to accept the goods after the complaint has been processed. If the result of the complaint procedure is a replacement of the defective product, the warranty period will start anew from the acceptance of the new goods. In the case of replacement of a defective part, the new warranty period only applies to the replaced part of the goods.

A complaint must be filed without unnecessary delay, as soon as the defect appears. Any delay in the continued use of the goods may lead to deepening the defect, devaluation of the goods, and may be a reason for rejecting the complaint.

The complaint must be accompanied by a document proving the receipt of the goods, and, if issued, the warranty certificate, a complaint form, the goods themselves in complete condition, cleaned, free from dirt, and hygienically safe, along with a clear indication of the claimed defect. The seller is entitled to refuse to accept goods for the complaint procedure that do not meet the aforementioned principles.

The buyer will submit the complaint by sending the goods to the seller’s address. Furthermore, the buyer is obliged to specify how the defect manifests and to indicate the choice of rights arising from the liability for defects they are exercising.

If the defective performance constitutes a material breach of the contract, the buyer has the right to:

• have the defect removed by delivering new goods without defects or delivering the missing item

• have the defect removed by repairing the goods

• a reasonable discount on the purchase price

• withdraw from the contract

The buyer will inform the seller of their chosen right upon notifying the defect or without unnecessary delay after notifying the defect. If the buyer does not choose their right in time, they will have rights as in the case of a non-material breach of the contract in accordance with § 2107 of the Civil Code.

If the defective performance is a non-material breach of the contract, the buyer has the right to have the defect removed or to receive a reasonable discount on the purchase price.

In the event of exercising the right to have the defect repaired, the buyer has the right to have the defect removed free of charge, promptly, and properly. The seller is obliged to remedy the claimed defect without unnecessary delay, no later than 30 calendar days from the day the complaint is filed. Remediable defects are considered to be those that can be repaired without affecting the appearance, functionality, and quality of the product.

A change in the goods (characteristics) that occurs during the warranty period due to wear and tear, improper use, insufficient or inappropriate maintenance, due to natural changes in the materials from which the goods are made, as a result of any damage from external influences, or other improper interference by the buyer or a third party cannot be considered a defect in the goods.

 

Additional Rights and Obligations of the Parties

The buyer acquires ownership of the goods upon payment of the full purchase price.

The buyer is obliged to select goods in a way that the chosen type and size correspond to their needs. Before purchasing the goods, the buyer should consider the intended use, design, material composition, and care instructions for the goods.

If the method of using the goods is specified in the user manual, the buyer is obliged to familiarize themselves with this manual before starting to use the goods and to adhere to it.

All rights to the photographs belong to CHu. Official. Their use without prior explicit consent is not permitted.

The buyer is not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the online store’s web interface. The web interface of the store may only be used to the extent that it does not harm the rights of other customers of the seller and is in accordance with its intended purpose.

The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 paragraph 1 letter e) of the Civil Code.

The buyer acknowledges that the seller is not liable for errors arising from third-party interference with the website or from using the website in violation of its intended purpose.

The buyer is aware that purchasing goods available in the commercial offer of CHu. Official does not grant them any rights to use registered trademarks, trade names, company logos, etc. of CHu., unless otherwise stipulated by a specific contract.

 

Final Provisions

Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered mail through a postal service provider (at the sender’s discretion). The buyer will be notified at the electronic mail address provided in the order.

The seller may change or supplement the terms and conditions, with the current wording always available on the website. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the terms and conditions.

If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

Disputes between the buyer and the seller shall be resolved by the competent Czech general courts.

If any provision of the terms and conditions is or becomes invalid or ineffective, the provision whose meaning is closest to the invalid provision shall take its place. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and supplements to the purchase agreement or terms and conditions require written form.

The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

The oversight of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority. The seller hereby informs, in accordance with § 14 of Act No. 634/1992 Coll., on Consumer Protection, as amended, that the Czech Trade Inspection Authority is the body authorized to resolve disputes between the seller and the buyer, as the consumer, out of court. The buyer can find more information on the website of the Czech Trade Inspection Authority at http://www.coi.cz

These terms and conditions are valid from March 20, 2023.