Seller:
Jan Pomikálek
IČ (IN): 67845312
VAT Number: CZ7910090419
address: Vodní 1a, 602 00, Brno, Czech Republic
e-mail: info@davega.eu
These terms and conditions govern the mutual rights and obligations of the seller and the buyer, who enter into a purchase contract through the online store https://shop.davega.eu.
The terms and conditions are an integral part of the purchase contract. The purchase contract is concluded in English.
These terms and conditions come into effect on January 27, 2021.
Prices
All prices in the product catalogue are exclusive of the value added tax (VAT). For the buyers in the European Union, 21% VAT is added at checkout.
All orders are charged in the Czech Koruny (CZK). The prices in EUR and USD are only approximative. The currency is automatically switched to CZK at checkout.
Purchase contract
When placing an order, the buyer selects the goods, the type of delivery and the payment method.
The buyer submits the order by clicking the Place order button. The order is considered valid if the buyer has filled in all mandatory fields in the order form and has confirmed that he or she has read and agreed with these terms and conditions.
Upon receiving the order, the seller will send the order confirmation to the e-mail address the buyer has entered in the order form. This confirmation concludes the purchase contract.
Payment and delivery terms
The buyer pays via the pays.cz payment gateway using one of the following payment methods:
- credit/debit card,
- PayPal.
The buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
The order is shipped to the address specified in the order form within 2 business days of receiving the payment.
The invoice is sent to the buyer’s email address.
Returns and refunds
The buyer has the right to withdraw from the purchase contract within 14 days of receiving the goods.
The buyer may not withdraw from the purchase contract if the goods have been customized on their request.
In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period. The statement of withdrawal from the purchase contract must be sent to the seller’s email address or the delivery address listed in these terms and conditions. The seller will confirm the receipt to the buyer immediately.
The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawal. The buyer bears the costs associated with returning the goods.
If the buyer withdraws from the contract, the seller returns all funds including the delivery costs within 14 days of withdrawal.
If the buyer has selected other than the cheapest method of delivery offered by the seller, the seller shall refund the amount corresponding to the cheapest method offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds until the buyer returns the goods.
The goods must be returned undamaged, unworn, and clean. The seller is entitled to deduct the compensation for the damage to the goods from the refunded amount.
The seller is entitled to withdraw from the purchase contract due to the goods being unavailable or out of stock. In this case, the seller immediately informs the buyer via e-mail and returns all funds including the delivery costs within 14 days of withdrawal.
Warranty conditions
The seller is responsible for delivering the goods free of defects. The delivered goods must be as described by the seller and must comply with the law.
The buyer is entitled to make a warranty claim within twenty-four months of receiving the goods.
In case of a defect, the buyer may
- request an exchange of goods,
- request a repair,
- request a purchase price discount,
- or withdraw from the contract.
The buyer has the right to withdraw from the contract
- in case of a substantial defect on the product,
- in case of several small defects on the product,
- if the product cannot be used properly due to the recurrence of the defect after repair.
A breach of the contract is considered major if the breaching party was aware or should have been aware of that the other party would not have entered into the contract had it foreseen the breach.
For a defect that constitutes a minor breach of the contract, the buyer is entitled to have the defect remedied or to receive a reasonable purchase price discount.
If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects at the same time), the buyer has the right to claim a purchase price discount, to claim exchange of goods, or to withdraw from the contract.
If repair or replacement is not possible, the buyer may request a full refund of the purchase price.
If the seller proves that the buyer was aware of the defect before taking over the goods or he or she has caused the defect himself/herself, the seller is not obliged to comply with the buyer’s claim.
The seller is obliged to accept the complaint in any of their registered office where the acceptance of the complaint is possible. The seller is obliged to issue a written confirmation to the buyer containing the date of the complaint, the subject of the complaint, the method of handling the complaint requested by the buyer, the period for handling the complaint, the duration of the repair (if applicable), and the justification for rejecting the complaint if applicable.
The seller will decide on the complaint immediately or within three business days in complex cases. This period does not include the time required for a professional assessment of the defect. Complaints must be resolved no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period is considered a major breach of the contract and the buyer has the right to withdraw from the purchase contract.
The seller informs the buyer about the outcome of the complaint by email.
In the case of a justified complaint, the buyer has the right for reimbursement for the costs incurred in relation to making the complaint. This right can be exercised by the buyer no later than one month after the expiration of the warranty period.
Personal data
All information provided by the buyer is confidential and will be handled as such. The seller shall not use the buyer information for any other purpose than for meeting their obligations related to the purchase contract.
For more details, please see the Privacy Policy.
Governing law
All agreements between the seller and the buyer are governed by the laws of the Czech Republic.