TERMS AND CONDITIONS OF INTREA – PIKO SPOL. S R.O.
1. GENERAL PROVISIONS
1.1 These Terms and Conditions (“Terms and conditions”) of INTREA - PIKO spol. s r.o., with registered office at Sasanková 2657/2, Záběhlice, postcode 106 00, Prague 10, Czech Republic, tax ID (IČO): 457 98 133, registered in the company register maintained by Prague Municipal Court, section C, file 10313 (“the Seller”), telephone 251 556 205, e-mail firstname.lastname@example.org, regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (“Purchase Contract”) made between the Seller and another natural or legal person (“the Buyer”).
1.2 The Purchase Contract is entered into in a distance manner, including in the environment of the Seller’s online shop operated on the website located at www.yedoo.eu (the “Website”), through the interface of the Website (the “Shop Web Interface”).
1.3 Provisions deviating from these Terms and Conditions may be agreed individually in writing when concluding the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of these Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are written in the English language.
1.5 The Seller may unilaterally 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. Entering in the Purchase Contract
2.1 In the case of purchase of goods in a distance manner (especially through the web interface of the shop or based on communication by phone or e-mail), the Purchase Contract is entered into with the acceptance of the order by the Seller, where such acceptance is considered to be the sending of the goods by the Seller to the Buyer or the explicit acceptance of the proposal for entering in the Purchase Contract by the Seller by e-mail or by phone. In the event that the Seller does not accept the respective order of goods within 3 working days, the Buyer is no longer bound by the order.
2.2 The risk of damage to the goods passes upon acceptance of the goods by the Buyer.
2.3 The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Contract with the Buyer, especially if the Buyer is a person, who has previously materially breached a Purchase Contract or these Terms and Conditions, or a person, who is in default in the payment of due obligations to the Seller.
3. PRICE OF GOODS AND TERMS OF PAYMENT
3.1 The purchase price for the goods is always stated to the Buyer, who is a consumer, including all taxes and fees.
3.2 The price of the goods and any costs associated with packaging and delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the ways agreed in the order or order confirmation, depending on the current capabilities of the Seller, the type and quantity of goods ordered. The Seller is entitled to require the Buyer to make a deposit for the ordered goods.
3.3 In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 working days from entering into the Purchase Contract; in case of delay in payment of the purchase price, the Seller is entitled to withdraw from the respective Purchase Contract.
3.4 In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
3.5 The Seller shall issue a tax document – invoice to the Buyer in respect of the payment (made in cash or non-cash) made under the Purchase Agreement. The Seller is a payer of value added tax in compliance with the applicable legislation. The tax document – invoice shall be issued by the Seller to the Buyer only after payment of the purchase price of the goods (or part thereof in the case of an advance payment). The Seller is entitled to send the tax document – invoice in physical form together with the shipment or in electronic form to the indicated electronic address.
4. TRANSPORT AND DELIVERY OF GOODS
4.1 Transportation of goods from the concluded Purchase Contract, unless the goods are taken over directly at the Seller’s premises, is carried out in the manner chosen by the Buyer during the order process.
4.2 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
4.3 If the Seller is obliged under the Purchase Contract to deliver the goods to a place designated by the Buyer, the Buyer is obliged to take over the goods upon delivery.
4.4 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than agreed, the Buyer is obliged to pay the costs relating to repeated delivery of goods, or the costs relating to the different method of delivery.
4.5 In the case of the choice of personal collection of the ordered goods, the Buyer is always obliged to wait until he receives a confirmation e-mail containing an invitation to take over the goods. It will not be possible to collect the goods before such a notice is sent. The goods will be available at the collection point for a period of 10 working days from the date of the invitation to collect them was sent.
4.6 Upon receipt 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 immediately notify the relevant carrier. In the event of impairment of the packaging indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
4.7 Further rights and obligations of the parties during transport of the goods may be regulated by the specific delivery conditions of the respective carrier.
5. RIGHTS FROM DEFECTIVE PERFORMANCE AND QUALITY WARRANTY
5.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance and quality warranty are governed by the Complaints’ Code of the Seller.
6. SOME SPECIFICS OF THE SALE OF GOODS VIA THE WEB INTERFACE OF THE SHOP
6.1 USER ACCOUNT
6.1.1 Based on the Buyer’s registration made on the Website, the Buyer can access its user interface (“User Account”). The Buyer can order goods through their user account. To activate your user account, you must fill in all mandatory fields of the registration form and acknowledge the text of Personal Data Processing Principles.
6.1.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data in the user account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be up to date and correct.
6.1.3 Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account. The Buyer is not entitled to allow third parties to use the user account.
6.1.4 Seller is entitled to cancel the user account, especially if (i) the Buyer has not used his/her user account for more than 48 months, (ii) the information provided by the Buyer during registration is intentionally incorrect (iii) or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.
6.1.5 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
6.2 ORDERING GOODS THROUGH THE WEB INTERFACE OF THE SHOP
6.2.1 Buyers place orders through their user account.
6.2.2 If the web interface of the shop allows it, the Buyer can also order goods without registration directly from the web interface of the shop. In order to make a purchase, it is necessary to fill in all mandatory fields of the order form and to confirm consent to these Terms and Conditions and the conditions for the processing of personal data set out in Personal Data Processing Principles.
6.2.3 The Buyer acknowledges that the Seller is not obliged in justified cases to enter into a Purchase Contract regarding the offered goods, especially in case of unavailability of stock or loss of the Seller’s ability to provide a requested performance.
6.2.4 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop, without prejudice to the provisions of article 6.2.16 of these Terms and Conditions. This provision does not restrict the seller’s ability to enter into a Purchase Contract on individually negotiated terms.
6.2.5 The web interface of the shop also contains information on the costs relating to packaging and delivery of goods, including delivery methods.
6.2.6 To order goods, the Buyer fills out/confirms the order form in the web interface of the shop. The order form contains information about:
(a) the ordered goods (the Buyer places the ordered goods in the electronic shopping cart of the web interface of the shop);
(b) method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods;
(c) information on the costs related to the delivery of the goods; and
(d) these Terms and Conditions and the conditions for processing personal data set out in the Personal Data Processing Principles.
6.2.7 Before sending the order to the Seller, the web interface of the shop enables the Buyer to check and change the data entered in the order, also with regard to option for the Buyer to detect and correct errors made when entering data into the order.
6.2.8 Before sending the order, the Buyer is also informed about the final price of the purchase, which includes the sum of the prices for the selected goods placed in the basket and the price for shipping of these goods.
6.2.9 The Buyer sends the order, or the proposal for the entering into the Purchase Contract, to the Seller by clicking on the “Binding order” button. The information provided in the order is considered correct by the Seller.
6.2.10 The Seller shall immediately upon receipt of the order confirm such receipt to the Buyer by electronic mail to the Buyer’s electronic mail address indicated in the user account or in the order ("Buyer’s electronic address"), whereby such confirmation shall not constitute an acceptance of the proposal to enter into a Purchase Contract within the meaning of Article 2.1 of these Terms and Conditions.
6.2.11 The Seller is always entitled, depending on the nature of the order (quantity of the goods, amount of the purchase price, expected shipping costs) to ask the Buyer for additional order confirmation (e.g. in writing or by phone) before entering into the Purchase Contract.
6.2.12 The Buyer has the right to cancel the order (change and correct it), i.e. to withdraw his proposal for the conclusion of the Purchase Contract, without any penalties until the moment of acceptance of the proposal for entering into the Purchase Contract in the sense of Article 2.1 of these Terms and Conditions.
6.2.13 The Seller shall be entitled not to accept an order, which is not made in accordance with these Terms and Conditions with the Seller’s consent, or to return it to the Buyer for completion and to give the Buyer a reasonable period of time to do so. Failure to do so shall result in the Buyer’s order being deemed to have never been delivered.
6.2.14 For the avoidance of doubt, the Purchase Contract is not entered into if the Buyer’s order is not accepted by the Seller or is accepted with reservation.
6.2.15 The Seller reserves the right to make any changes to the goods and prices in the online shop. The offer of goods displayed in the online shop, including special offers or goods on sale, is valid only until the stock is sold out or the Seller’s ability to perform is lost, and the number of products on sale or the validity of the offer must always be specifically stated on the website.
6.2.16 The Seller reserves the right in exceptional cases not to deliver the ordered goods to the Buyer, in particular if the web interface of the shop has mistakenly provided obviously erroneous or non-standard data, especially about the selected goods, their price or delivery date, or if the goods are sold out and permanently unavailable from the supplier. In such cases, the Seller undertakes to refund to the Buyer the amount of money paid under the Purchase Agreement.
6.2.17 By entering into the Purchase Contract, the Buyer (whether registered or not) agrees to these Terms and Conditions and declares that he/she has had the opportunity to read these Terms and Conditions before entering into the Purchase Contract. These Terms and Conditions are available to the Buyer at any time at: www.yedoo.eu and are also sent to the Buyer as an attachment to the e-mail along with the confirmation of acceptance of the order in accordance with article 2.1 of these Terms and Conditions.
6.2.18 The Buyer agrees to the use of remote means of communication when entering into the Purchase Contract. Costs incurred by the Buyer when using 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.
6.2.19 Information about completed orders and concluded purchase contracts is archived in the web interface of the shop for a minimum of five years from the conclusion of the contract, but no longer than for the period according to the relevant legislation. This information is not available to third parties.
7. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER-CONSUMER
7.1 The Buyer, who is a consumer, acknowledges that it is not possible, among other things, to withdraw from a contract for the supply of goods that have been modified according to the wishes of the Buyer.
7.2 Unless this is the case referred to in Article 7.1 of the Terms and Conditions or any other case, in which it is not possible to withdraw from the Purchase Contract under applicable law, the Purchaser has the right to withdraw from the Purchase Contract within 14 days of receipt of the goods, and in the event that 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 in writing within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer can use the sample form provided by the Seller, which is an annex to these Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the Seller’s business address or to the Seller’s e-mail address specified in the form, among others.
7.3 In the event of withdrawal from the Purchase Contract under Article 7.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within 14 days of the Buyer’s withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
7.4 In the event of withdrawal from the contract under Article 7.2 of the Terms and Conditions, the Seller shall return the funds, i.e. the price of the goods, including the cost of delivery of the goods, received from the Buyer within 14 days of the Buyer’s withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to 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.
7.5 The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer’s claim for reimbursement of the purchase price.
7.6 In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by transfer to the account indicated by the Buyer.
7.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is entered into with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods to the Seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Seller is not bound by any codes of conduct in relation to the Buyer.
8.2 Complaints are handled by the Seller via the electronic address email@example.com. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address.
8.3 For out-of-court settlement of consumer disputes arising from a Purchase Contract, a competent authority of the country of the consumer's place of residence may be used, if availability of such procedure is mandatory under the applicable law. 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, who is a consumer (from within the European Union), from a Purchase Contract entered into by electronic means; contact points for local authorities 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 can be found at https://ec.europa.eu/consumers/odr/main/?event=main.complaints.odrList. No stipulation in this article shall preclude the Buyer from pursuing his/her claim in a court of competent jurisdiction.
9. PERSONAL DATA PROTECTION
9.1 The Seller processes the Buyer’s personal data in compliance with the General Data Protection Regulation (EU) 2016/679 and other applicable regulation in the area of personal data protection. These data include, in particular, the data provided by the Buyer when entering into the Purchase Contract or provided in the context of mutual communication with the Seller.
9.2 Further information on the processing of personal data, including the issue of storing so-called cookies on the Buyer’s computer, is contained in a separate document, The Personal Data Processing Principles, which is part of each Purchase Contract.
10. FINAL PROVISIONS
10.1 In matters not covered by these Terms and Conditions, the contractual relationship shall be governed by the Czech law; this is without prejudice to the consumer’s rights under generally binding (mandatory) legislation of the consumer’s place of residence.
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, the meaning of which 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 sample form for withdrawal from the Purchase Contract and the complaint procedure are annexed to the Terms and Conditions.
10.4 The Seller’s current contact details are listed on the website.
10.5 These Terms and Conditions are valid and effective from 1st January 2022.