Terms of service

 

Business Company Ammar Yeganeh
Registered office: Slíny 20, Brno 628 00
Identification number: 01741381


1. Introductory Provisions

1.1. These Terms and Conditions (the “Terms and Conditions”) of the business company Ammar Yeganeh, with its registered office at Slíny 20, Brno 628 00, Identification Number: 01741381 (the “Seller”), govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (the “Purchase Contract”) concluded between the Seller and another natural person (the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at www.rocks4u.cz (the “Website”), through the interface of the Website (the “Store Web Interface”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or within their independent exercise of a profession.

1.3. Provisions differing from the Terms and Conditions may be agreed in the Purchase Contract. Any deviating provisions in the Purchase Contract shall take precedence over the Terms and Conditions.

1.4. The Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drafted in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This shall not affect the rights and obligations established during the validity of the previous version of the Terms and Conditions.


2. User Account

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From this user interface, the Buyer may place orders for goods (the “User Account”). If the Store Web Interface allows it, the Buyer may also place orders directly from the Store Web Interface without registration.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide accurate and truthful data. The Buyer must update the data in the User Account whenever any changes occur. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

2.3. Access to the User Account is protected by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used it for more than 24 months or if the Buyer breaches their obligations arising from the Purchase Contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be continuously available, especially due to necessary maintenance of the hardware and software of the Seller or third parties.


3. Conclusion of the Purchase Contract

3.1. All presentations of goods displayed on the Store Web Interface are of an informative nature, and the Seller is not obliged to conclude a Purchase Contract for such goods. Section 1732 (2) of the Civil Code does not apply.

3.2. The Store Web Interface includes information about the goods, including the prices and the costs of returning the goods if they cannot be returned by ordinary postal means due to their nature. Prices include VAT and all related charges. The prices remain valid as long as they are displayed in the Store Web Interface. This does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms.

3.3. The Store Web Interface also includes information about packaging and delivery costs. These costs apply only when delivering within the Czech Republic.

3.4. To order goods, the Buyer completes an order form in the Store Web Interface, which contains:

3.4.1. information about the goods (which the Buyer adds to the electronic cart),
3.4.2. the method of payment and delivery,
3.4.3. information about delivery costs
(collectively the “Order”).

3.5. Before submitting the Order, the Buyer may check and modify the entered information. The Buyer submits the Order by clicking the “Complete Order” button. The Seller considers the information in the Order accurate. Upon receiving the Order, the Seller promptly confirms receipt by email to the Buyer’s address.

3.6. Depending on the nature of the Order, the Seller may request additional confirmation (e.g., in writing or by phone).

3.7. The contractual relationship is formed when the Seller sends the Buyer an acceptance of the Order by e-mail.

3.8. The Buyer agrees to the use of remote communication means. Costs incurred by using remote means (internet, phone calls) are borne by the Buyer and do not differ from the basic rate.


4. Price of Goods and Payment Terms

4.1. The Buyer may pay the price of goods and related delivery costs by:

  • cash in the Seller’s store at OD Vágner, Česká 16, Brno 602 00,

  • cash on delivery at the place designated by the Buyer,

  • wire transfer to the Seller’s bank account no. 1191798004/2700 (UniCredit Bank).

4.2. The Buyer must pay packaging and delivery costs along with the purchase price unless stated otherwise.

4.3. The Seller does not require advance payment unless Article 4.6 applies.

4.4. For cash or cash-on-delivery payments, the price is due upon receipt. For wire transfers, payment is due within 3 days of concluding the Purchase Contract.

4.5. For wire transfers, the Buyer must include the variable symbol. Payment is considered made when credited to the Seller’s account.

4.6. The Seller may require full payment before dispatch, especially if the Buyer has not provided additional confirmation.

4.7. Discounts cannot be combined.

4.8. The Seller issues an invoice after payment. The Seller is a VAT payer. The invoice will be sent electronically.

4.9. Under the Act on Electronic Records of Sales, the Seller must issue a receipt and record the sale with the tax authorities, or within 48 hours in case of technical issues.


5. Withdrawal from the Purchase Contract

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, withdrawal is not possible for goods customized for the Buyer, goods that decay quickly, goods irreversibly mixed with others, goods in sealed packaging that cannot be returned for hygiene reasons once opened, or audio/video/software where original packaging was broken.

5.2. If none of these exceptions apply, the Buyer may withdraw within 14 days of receiving the goods (or the final delivery in case of multiple goods). Withdrawal must be sent within this period. The Buyer may use the Seller’s template form. Withdrawal may be sent to the Seller’s store address or e-mail.

5.3. Upon withdrawal, the contract is rescinded from the beginning. The Buyer must return the goods within 14 days. The Buyer bears the return shipping costs, even if the goods cannot be returned via standard mail.

5.4. The Seller refunds the purchase price within 14 days using the same method as received. The Seller is not obliged to refund before receiving the goods or proof of dispatch.

5.5. The Seller may set off compensation for damage.

5.6. The Seller may also withdraw from the contract anytime before the Buyer receives the goods.

5.7. If a gift was provided with the goods, the gift agreement is rescinded upon withdrawal, and the gift must be returned.


6. Transport and Delivery

6.1. If the Buyer chooses a special delivery method, they bear the risk and additional costs.

6.2. If the goods are delivered to an address designated by the Buyer, the Buyer must receive them.

6.3. If redelivery is required due to reasons on the Buyer’s side, the Buyer bears the additional costs.

6.4. Upon receipt, the Buyer must inspect the packaging and report any issues. If the packaging shows signs of tampering, the Buyer need not accept the shipment.

6.5. Additional conditions may apply if issued by the Seller.

6.6. Goods may be collected in person at the Seller’s branches by prior arrangement (free of charge). Delivery via Czech Post is charged 59 CZK (up to 1 kg) or 159 CZK (over 1 kg).


7. Rights from Defective Performance

7.1. Rights and obligations follow the relevant laws (Civil Code and Consumer Protection Act).

7.2. The Seller guarantees that the goods are free of defects upon receipt and that:

7.2.1. the goods have agreed properties or expected properties,
7.2.2. they are suitable for their usual or stated purpose,
7.2.3. they match samples or models,
7.2.4. they are in appropriate quantity/weight,
7.2.5. they comply with legal requirements.

7.3. These do not apply to goods sold at a discount due to a defect, wear from normal use, used goods where defects correspond to usage, or where it follows from the nature of the goods.

7.4. Defects appearing within six months are presumed to have existed at delivery. The Buyer may claim defects within 24 months.

7.5. Claims may be made at the Seller’s store or registered office.

7.6. Additional details may be governed by the Seller’s complaints procedure.


8. Other Rights and Obligations

8.1. Ownership transfers upon full payment.

8.2. The Seller is not bound by any codes of conduct.

8.3. Complaints may be sent to rocks4u@email.cz.

8.4. Consumer disputes may be resolved through the Czech Trade Inspection Authority (ADR platform available online).

8.5. The European Consumer Centre Czech Republic is the contact point pursuant to Regulation (EU) 524/2013.

8.6. The Seller is authorized to sell goods under a trade license. Inspections are conducted by relevant authorities.

8.7. The Buyer assumes the risk of changed circumstances under Section 1765 (2) of the Civil Code.


9. Personal Data Protection

9.1. The Seller fulfills their obligations under Article 13 GDPR via a separate document concerning the processing of the Buyer’s personal data.


10. Commercial Communications and Cookies

10.1. The Buyer agrees to receive commercial communications to their email address. GDPR obligations are fulfilled via a separate document.

10.2. The Buyer agrees to cookies being stored on their device. They may withdraw consent if the Website remains functional without cookies.


11. Delivery

11.1. Communications may be delivered to the Buyer’s email address.


12. Final Provisions

12.1. If the contractual relationship includes a foreign element, the parties agree that Czech law applies.

12.2. This choice of law does not deprive the consumer of statutory protections that cannot be contracted away.

12.3. If any provision is invalid or ineffective, the closest valid provision shall apply. Invalidity of one provision does not affect others.

12.4. The Purchase Contract and Terms and Conditions are archived electronically and are not accessible.

12.5. The withdrawal form constitutes an appendix.

12.6. Seller’s contact details:
Ammar Yeganeh, Slíny 20, Brno 628 00
E-mail: rocks4u@email.cz
Phone: +420 723 500 534

In Brno, 1 April 2019