Terms and conditions

I. Basic provisions

• Online store at www.mojerutina.cz (hereinafter referred to as "website" or "shop web interface") is operated by Moje rutina s. r. o., IČ: 225 40 041, file number C 418148, vedená u Městského soudu v Praze, registered office address K Beranovu 1234/8, Praha 8, 184 00 (hereinafter referred to as the "seller").
• These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"). These terms and conditions regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and the buyer via the online store.
• The terms and conditions are an integral part of the purchase contract. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
• The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

II. Order and conclusion of purchase contract

1. All presentation of goods and information, including prices of individual goods and their main features, located in the web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for the time they are displayed in the web interface of the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods, and about the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
4. In the event that the seller offers free shipping, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the right to free transportation of the goods according to the previous sentence, the buyer's right to transport the goods expires free of charge and the buyer is obliged to pay the transport of the goods to the seller.
5. To order goods, the buyer fills out the order form in the web interface of the store. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
6. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the Send order button with payment obligation. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
7. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
8. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
9. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.
10. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone). The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
11. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

III. Payment terms

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

1. by cashless transfer to the seller's bank account;
2. cashless by payment card through a payment gateway;
3. cash on delivery or payment card upon delivery of the goods.

1. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
2. In the case of cash on delivery, the purchase price is payable upon receipt of the goods.
3. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
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 bank account.
5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.

IV. Method of transport and delivery of goods

1. The buyer chooses the method of delivery of the goods during the ordering of the goods in the order form.
2. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
3. The operator undertakes to inform the buyer about the shipment of the goods to the e-mail address that the buyer provided when creating the order.
4. Sending the ordered goods means sending them to the address specified by the buyer when creating the order. The operator reserves the right to add the costs of sending the goods to the order price according to the carrier's current price list.
5. In the case of sending goods abroad, the operator reserves the right to add additional costs for shipping abroad to the standard shipping price.
6. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
7. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
8. The seller issues a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's email address.
9. The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

V. User Account

1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified 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 correct by the seller.
3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
4. The buyer is not authorized to allow the use of the user account by third parties.
5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
6. 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 necessary maintenance of hardware and software equipment of third parties.

VI. Withdrawal from the contract

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has, in accordance with § 1829 et seq. of the Civil Code, the right to withdraw from the contract without giving a reason and without any penalty within 14 days from the day of receipt of the goods.
2. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
3. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
4. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
5. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.
6. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
8. The goods must be returned by the buyer to the seller complete, undamaged, unworn and unpolluted and in the original packaging. If the goods are used or damaged, the seller is entitled to compensation for damage caused to the goods and is entitled to unilaterally offset the resulting claim against the buyer's claim for a refund of the purchase price. In such a case, it returns the reduced purchase price to the buyer.
9. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns, within 14 days from the notification of withdrawal from the purchase contract, all funds, including delivery costs, that he received from him under the contract, in the same way, or in a way specified by the buyer.

VII. Rights from defective performance

1. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
• the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.

1. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

1. If the period during which the goods can be used is stated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.

1. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had when acceptance by the buyer, or if this results from the nature of the goods. The right of defective performance does not belong to the buyer if he knew before receiving the goods that the goods had a defect, or if the defect was caused by the buyer himself.

1. In the event of a defect, the buyer can submit a claim to the seller and demand:

• exchange for new goods,
• repair of goods,
• a reasonable discount from the purchase price,
• withdraw from the contract.

1. The buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a greater number of product defects.

1. A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.

1. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.

1. If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to request a discount from the purchase price, exchange goods or withdraw from the contract.

1. When making a claim, the buyer is obliged to tell the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.

1. If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the buyer can request a full refund of the purchase price.

1. If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.

1. The buyer cannot claim discounted goods for the reason for which the given goods are discounted.

1. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the claim.

1. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than within 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.

1. The seller informs the buyer in writing about the outcome of the complaint.

1. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.

1. In the event of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period, otherwise the court may not recognize it.

1. The buyer has the choice of the complaint method.

1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

1. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaints procedure.

VIII. Personal data protection

1. The handling of buyers' personal data is subject to the regulation of Act no. 101/2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
2. The buyer agrees to the processing of his personal data and gives his consent to the collection and processing of his personal data by the operator for the purposes of realizing the rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending commercial messages to the buyer. Consent to the sending of commercial communications is given by the buyer voluntarily and can be revoked at any time free of charge using the link provided at the end of the commercial communication. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
3. The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account or when placing an order) correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data.
4. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. According to the previous sentence, the seller has the right to demand a reasonable payment not exceeding the costs necessary to provide the information.
5. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.

IX Final provisions

1. The language of communication between the operator and the buyer and the language of the purchase contract is Czech. Concluded purchase contracts are archived by the operator in electronic form and are not accessible to other persons.
2. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
3. In the event that any provision of these terms and conditions is invalid or ineffective for any reason, this fact does not render the other parts of the terms and conditions or the purchase contract invalid or ineffective.
4. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
5. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
6. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 par. 2 of the Civil Code.
8. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
9. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
10. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
11. The contracting parties have agreed that the courts of the Czech Republic have jurisdiction over any disputes between the operator and the buyer. Any disputes between the operator and the consumer can also be resolved out of court. In such a case, the consumer can contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection, or resolve the dispute online via the dedicated ODR platform. You can find more information about out-of-court dispute resolution on the website of the Czech Trade Inspection. Before the out-of-court settlement of the dispute is approached, the operator recommends the buyer to first use the electronic address info@mojerutina.cz to resolve the situation.

These terms and conditions take effect on 1. 3. 2025