Terms and conditions

GENERAL TERMS AND CONDITIONS

1. Scope

1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all rights and duties between the company TI S TĚMA AUTÍČKAMA s.r.o., ID No. 291 45 023, with registered office at U Kuchyňky 180/2, Podklášteří, 674 01 Třebíč, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, under sp. C 129920, (hereinafter referred to as "Seller") and the buyer of the goods through the online sales platform at https://www.shop.menscrisis.com/ (hereinafter referred to as "Shop Menscrisis") and form an integral part of each purchase contract.
2. Goods within the meaning of these GTC shall mean all products and services that can be purchased within the framework of an online order at Shop Menscrisis.
3. The Buyer declares that he/she has read the contents of these GTC before entering into the purchase contract and that he/she and accepts them without reservation. In all cases not covered by the GTC, the obligations shall be governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code of the Czech Republic, as amended (hereinafter referred to as the "Civil Code"), as well as related regulations. The application of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded.

2. Conclusion of the contract

1. The presentations in Shop Menscrisis do not constitute a binding proposal for the conclusion of a purchase contract.
2. Orders may only be placed with a delivery address in the territory indicated in the offer when entering the buyer's address. Goods may only be delivered in quantities customary for personal consumption.
3. In order to be able to conclude the contract, you must create an order on Shop Menscrisis. During the creation of the order, you can change and check the data until the order is completed. By submitting an order - by clicking on the "order" button (or another button with similar wording) - you are making a binding order to purchase the goods. The Seller will send you an automatic confirmation of receipt by email, which reconfirms your order. This automatic acknowledgement of receipt only confirms that the Seller has received your order, but does not constitute an acceptance.
4. Depending on the payment method chosen, the Seller reserves the right to check the validity of the information you provide in connection with the relevant payment method. Depending on the outcome of this check, the Seller further reserves the right to reject your offer.
5. The contract with the Seller is only concluded when the seller confirms the dispatch of the goods to you by a separate email. The time for acceptance of your order (conclusion of the purchase contract) is a maximum of 7 calendar days. However, the mere inactivity of the Seller does not imply acceptance of the order. Section 1732 (2) of the Civil Code does not apply. The Seller has the right to withdraw from the purchase contract for any reason or no reason until the ordered goods have been dispatched. A legal act of the Seller consisting in the notification that the Seller is unable to deliver the ordered goods shall also be considered as withdrawal from the purchase contract.
6. If it is not possible to deliver the ordered goods, for example because the goods are out of stock, the Seller will not accept your order and will not confirm it. In this case, the contract relating to the goods will not be concluded. We will inform you of this fact immediately and refund any payments received without undue delay.
7. The language of the contract is the language selected by the Buyer in the Shop Menscrisis header and correspondence regarding the contract will also be conducted in this language.
8. We store your order data in accordance with the legal regulations. If you lose your documents or order records, please contact us by email or telephone at info@menscrisis.com or +420 601 136 335. We will be happy to send you a copy of the data stored with your order.

3. Right of withdrawal from the purchase contract

1. As a consumer, you have the following right to withdraw from the purchase contract:

Right of withdrawal

You have the right to withdraw from the contract in the cases provided for by the Civil Code and these GTC. Withdrawal from the purchase contract must be in writing and must be delivered to the Seller. You have the right to withdraw from the purchase contract within fourteen days without giving any reason. The withdrawal period starts from the day you take delivery of the goods.

Sample form

If you wish to withdraw from the purchase contract, please inform us of your decision by means of a clear statement (e.g. by letter, fax or e-mail). You can write down the withdrawal yourself or use the complaint form for this purpose. However, the use of this form is not obligatory.

In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient if you send the notice of exercise of this right before the expiry of the relevant deadline.

Consequences of withdrawal from the purchase contract

If you withdraw from the purchase contract, we must refund all payments we have received from you, including the cost of delivery (except for any additional costs arising from the fact that you have chosen a different type of delivery to the cheapest standard delivery we offer), without delay and no later than fourteen days from the date on which we receive notice of your withdrawal from the purchase contract. We will use the same method of payment for this payment as you used for the original transaction, unless we expressly agree otherwise with you. There will be no charge for the refund. We may refuse a refund until we receive the goods back or until you provide proof of return, whichever is sooner.

You must send back or hand over the goods to us immediately and no later than fourteen days from the date you notify us of your withdrawal. The time limit is met if you send the goods before the fourteen day period has expired.

2. The right of withdrawal from the purchase contract referred to above does not apply in particular to contracts under the provisions of Section 1837 of the Civil Code:

(a) under which goods are delivered which are made to the customer's requirements or are adapted to the customer's personal needs or are not suitable for return due to their nature,

(b) in the case of the supply of sound or visual recordings or a computer program, if you have unsealed the data media supplied,

(c) for the provision of services, if they have been provided in full with your prior express consent before the expiry of the withdrawal period and the Seller has informed you before the conclusion of the contract that the provision of the performance shall extinguish the right of withdrawal,

d) which relates to the delivery of goods in sealed packaging which have been removed from the packaging and cannot be returned for health or hygiene reasons.

If you withdraw from the purchase contract in respect of goods and return these goods to the Seller damaged and/or worn, in particular if the original markings of the goods have been removed, you are obliged to reimburse the Seller for the costs of restoring the goods to their original condition.

You shall also be liable for the reduction in the value of goods caused by the handling of the

goods in a manner other than that which is necessary to familiarise yourself with the nature and characteristics of the goods. In the case of our model kit, please note that the kit consists of a large number of parts and fasteners, and once each individual box containing the parts of the kit has been unpacked, we cannot longer be reasonably required to check the completeness and integrity of the contents of the boxes. In the event of withdrawal from the purchase of the model kit, you will therefore be liable to us for the reduction in the value of the goods, which we will calculate according to the number of boxes opened and their value - which you can check here. You are equally liable if you do not return the goods to us at all or only part of them.

4. Delivery

1. The place of delivery is the address specified by the Buyer in the order or registration form.
2. Unless other delivery times have been agreed (especially in the case of an express delivery option), the delivery time is generally within seven working days of receipt of the order. If the Seller is unable to meet the delivery date for any reason (especially if the ordered goods are out of stock), the Seller shall inform the Buyer of this fact without undue delay by telephone or e-mail and, if necessary, specify an alternative delivery date. The Seller reserves the right to make earlier deliveries than those specified in the purchase contract or these GTC.
3. The risk of damage to the goods shall pass to the Buyer at the moment of takeover of the goods.
4. Upon takeover of 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, to notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

5. Prices / freight

1. Prices at the time of order shipment apply.
2. The prices of the goods and services provided are stipulated inclusive as well as exclusive of VAT, including any charges provided for by law, however, the cost of delivery of goods or services will vary according to the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, charges or other remuneration that you have to incur for services provided by third parties in connection with the payment of the agreed price; such costs shall then be borne solely by you.
3. The costs of services and transport are calculated at the process of placing the order.

6. Payment terms, payment methods

1. You can pay for the goods by credit card or PayPal. The payment time varies depending on the chosen payment method:

• Payment via GoPay. When you choose the GoPay payment method, please open the GoPay payment gateway window or it will open itself and select the preferred payment method. Follow the instructions on the GoPay payment gateway according to the chosen payment method. After making the payment, you will be redirected back to the Shop Menscrisis website.
• Payment via PayPal. The amount will be debited from your PayPal account after your order has been shipped.

2. Unless otherwise agreed, the purchase price is payable immediately upon conclusion of the contract. The price of the goods shall be deemed to be paid on the date the amount is credited to the relevant account of the Seller.
3. The Buyer agrees to send invoices in electronic form. The Seller sends invoices to the e-mail address provided by the Buyer to the Seller when sending the order.

7. Quality guarantee, rights of defective performance and force majeure

1. The Seller warrants that the goods are free from defects at the time the risk of damage passes to the Buyer, in particular that the goods:

(a) corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics;

(b) it is fit for the purpose for which you require it and to which we agree;

(c) is supplied with the agreed accessories;

(d) it is fit for the purpose for which goods of that kind are normally used;

(e) it is equivalent in quantity, quality and other characteristics to the usual characteristics of goods of the same kind which you may reasonably expect, even taking into account public statements made by the Seller or any other person in the same contractual chain, in particular advertising or labelling;

The Seller points out that the goods are supplied with instructions for use and assembly in electronic form only and that their assembly requires appropriate manual skill level. Neither the absence of printed instructions nor the buyer's inability to assemble the goods are deemed to be defects in the product per se.

2. In the event that the goods are defective, i.e. in particular if any of the conditions pursuant to Article 7(1) are not fulfilled, you may notify us of such defect and exercise your rights under the defective performance (i.e. claim the goods) by sending an e-mail or letter to our addresses listed with our identification data in these GTC or on the Shop Menscrisis website. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without the Seller's consent. We will settle the claim in accordance with the defective performance right you have exercised. The The Buyer is also advised to use the Seller's complaint form when exercising any of his/her rights arising from defective performance.

3. If the goods are defective, you have the following rights:

(a) to remedy the defect by supplying new goods without defect or by supplying the missing part of the goods; or

(b) to have the defect remedied by repairing the goods;

unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which will be assessed in particular having regard to the significance of the defect, the value the goods would have had without the defect and whether the defect can be remedied by the other method without significant difficulty for you.

4. The Seller is entitled to refuse to remove the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the goods would have had without the defect.

5. You also have the right to:

a) easonable discount on the price; or

b) withdrawal from the contract,

if:

i. we refuse to remedy the defect or fail to remedy it in accordance with the law;

ii. the same defect is repeated (but not less than 3 times);

iii. the defect is a material breach of contract; or

iv. it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty to you .

You do not have a right of withdrawal if the defect in the goods is insignificant.

6.If you have caused the defect in the goods yourself, you are not entitled to the rights arising from the defective performance.

7. A defect in the goods is not wear and tear caused by normal use of the goods or, in the case of second-hand goods, wear and tear corresponding to the extent of their previous use.

8. If you do not agree with the Seller on a longer period of time, within 30 days from the receipt of the complaint the Seller will remove the defects and provide you with information on the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the contract or demand a reasonable discount.

9. We will inform you of the settlement of the complaint by e-mail and issue you with a confirmation of the date and method of settlement of the complaint. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. If the defect has been rectified by the delivery of new goods, it is your responsibility to return the original goods to the Seller, who shall also bear the costs of such return.

10. You have the right to exercise your rights under defective performance for defects that occur in consumer goods within 24 months of receipt of the goods.

11. The warranty for quality arises from the Seller's declaration that he will satisfy the Buyer beyond his statutory rights from defective performance, in particular by refunding the purchase price, replacing or repairing the item or providing a service in this connection if the item does not have the characteristics specified in the warranty declaration.

12. The buyer has no right under the guarantee if the defect is caused by an external event after the risk of damage to the goods has passed to the buyer.

13. In all warranty cases we recommend that you contact our customer service via the contact form first.

14. The Seller shall not be liable for any non-performance or delay in the performance of its obligations if such non-performance or delay is caused by force majeure. Force majeure refers to any event beyond the actual control of the Seller which, due to its nature, could not have been foreseen or prevented even if it could have been foreseen, in particular, but not exclusively, epidemics, strikes, lockout or other labor dispute (involving its own or third party employees), failure of power sources or transmission network, emergency, war, terrorism, insurrection, explosion, fire, flood or similar natural disaster, as well as the result of any other cause beyond the Seller's control. Such circumstances shall not be attributed to the Seller even if it is already in default. Such circumstances shall be grounds for postponement of performance of the contractual obligations on the part of the Seller for the duration and to the extent of the effectiveness of such circumstances. The same shall apply even if the said circumstances have arisen with regard to the Seller's suppliers or their subcontractors.

8. Dispute Resolution

1. The Buyer has the right to an out-of-court dispute resolution arising from the consumer contract. The entity authorised to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the Seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the Seller.
2. The Buyer-consumer may also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/ .
3. Before contacting the Czech Trade Inspection Authority or using the European Commission's platform for the purpose of out-of-court settlement, we recommend that buyers first contact the Seller at info@menscrisis.com for the purpose of amicable dispute resolution. If the dispute is not resolved amicably or out-of-court, it will be submitted to the competent court of the Czech Republic for a decision.
4. Any litigation arising out of or relating to the Contract or any order placed through Shop Menscrisis shall be brought and finally resolved in the courts of the Czech Republic of the Seller's registered office. If you are habitually resident in the EU, you may alternatively bring such action or proceeding in any court of competent jurisdiction in your country of residence having jurisdiction over such action.

9. Intellectual property rights

1. The content and structure of Shop Menscrisis as well as the goods displayed here are protected by copyright. All text, images, graphics, sound, video and animation files are subject to copyright, trademark and other intellectual property rights. Copying or other use for other than private purposes or for transmission, other publication, reproduction and distribution, whether in original or modified form, in any medium, or use on any other website, is not permitted without the prior express written consent of the Seller. The Buyer is obliged to comply with the legal regulations of the Czech Republic when using the Seller's and Shop Menscrisis' websites and is liable for any damages incurred by the Seller or third parties as a result of the use of these websites due to reasons on the Buyer's side.

10. Privacy Policy

1. Detailed information on data protection can be found in our Privacy Policy at www.shop.menscrisis.com/privacy-policy

11. Final provisions

1. Contractual relations arising from the Purchase Agreement and these GTC are governed by the law of the Czech Republic.
2. The Buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the purchase contract, in particular, but not exclusively, the cost of the Internet connection shall be borne by the Buyer.
3. Should any provision of these GTC prove to be invalid or ineffective for any reason, this shall not render the other parts of these GTC invalid or ineffective.
4. These GTC are valid and effective from 1^st June 2023.