Business Company: Zuzana Hajná
Address: Svatovítská 504/2, 160 00 Prague 6
VAT Number: 75532301
Email: info@epowood.design
Phone: 00420 739 323 996
IBAN: CZ14 0600 0000 0001 9439 7172 , BIC (SWIFT): AGBACZPP

GENERAL TERMS AND CONDITIONS

www.epowood.design

These general terms and conditions (hereinafter referred to as "GTC") regulate, in accordance with Section 1751 of the Civil Code, the relationship between the seller - Zuzana Hajná, Business ID: 75532301, registered office: Svatovítská 504/2, 160 00 Prague 6 (hereinafter referred to as the "seller") and the buyer (hereinafter referred to as the "buyer") in the sale of goods, specifically in the case of design, development, production, and sale of furniture presented and offered through the website with the domain www.epowood.design. The GTC are an integral part of the purchase agreement between the seller and the buyer.

I. Basic Provisions

Before concluding the contract, the seller calculates the purchase price of the goods based on the buyer's inquiry regarding specific goods. This price is valid for 30 days from its communication and includes VAT. Unless stated otherwise, it does not include shipping costs. If shipping costs or other delivery expenses are not included in the price and cannot be determined in advance, these costs will be invoiced additionally, based on market prices for transportation or other delivery costs. Alongside the communication of the purchase price, the seller provides the GTC to the buyer, which can also be done through a hyperlink. By submitting an order to the seller, the buyer proposes the content of the purchase agreement and confirms that they have read, understood, and agreed to the GTC. By accepting such a proposal in writing, a purchase agreement is concluded between the parties. In case of any inconsistency, the provisions of the purchase agreement take precedence over the provisions of the GTC.

II. Delivery Conditions

The delivery date of the goods is agreed upon in the purchase agreement, typically within 4 to 8 weeks, starting from the approval (by the buyer) of all the necessary materials for production, the selection of wood type, surface treatment, color of epoxy parts, and payment of a deposit by the buyer. If a specific delivery date is agreed upon, this date is extended if the buyer delays providing the necessary cooperation. The seller delivers the goods to the buyer through a carrier, which the seller hands over the goods to for delivery to the buyer no later than the day before the scheduled delivery date. The buyer must inspect the goods for completeness and damage before acceptance and record any defects in the delivery documents or provide a written record to the carrier. If the buyer fails to notify the seller about such defects, they risk that delayed complaints will not be considered by the carrier.

III. Payment Conditions

The buyer will pay the purchase price in two installments. Upon placing the order, the buyer will pay a deposit either by bank transfer or in cash as instructed by the seller, amounting to at least 50% of the purchase price. The remaining amount is to be paid by bank transfer before the goods are delivered or in cash upon personal collection of the goods, as per the seller's instructions. If the buyer does not pay the deposit, the seller is not obligated to prepare or manufacture the goods until the payment is received, and the delivery date is extended accordingly. The ownership of the goods remains with the seller until the full purchase price is paid by the buyer. If the buyer delays payment of the deposit for the purchase price or any other part of the purchase price, the buyer will pay the seller a contractual penalty of 0.05% of the outstanding amount for each day of delay.

The provisions of Section 2119 of the Civil Code do not apply.

IV. Selection of Wood, Surface Treatment, and Epoxy Color

The price of wood, surface treatment, and epoxy color is included in the price of the goods.

When creating goods according to the buyer's design, the reproduction is done to the best achievable extent. However, due to objective reasons, deviations in production and color may occur, which are conditioned by the natural properties of the materials used. Such deviations are considered acceptable. Tolerances for dimensions and mechanical-physical values are within ±5% due to the technical production process.

After the buyer approves the wood, surface treatment, and epoxy color, the seller will provide information about the production process and may also send photographs.

V. Warranty, Complaints, Rights from Defective Performance, and their Enforcement

The seller provides a warranty for the goods for a period of two years from the receipt of the goods by the buyer.

The buyer shall inspect the goods upon receipt, if possible, without undue delay thereafter. Any defects in the goods must be claimed by the buyer from the seller upon receipt of the goods, if possible, without undue delay thereafter, in writing with a precise description of the defects and a claim for defects. When claiming defects in the goods, the buyer cannot send the goods to the seller through a cash-on-delivery service or a similar service associated with payment or other obligations on the part of the recipient; in these cases, the seller is not obligated to accept the goods.

The buyer acknowledges that the goods can only be used properly, in accordance with its intended purpose and characteristics. The buyer is aware of the conditions for proper use of the goods. The seller does not recommend any use other than proper use, as the goods can be damaged or destroyed.

The buyer's rights arising from any defective performance are in accordance with these Terms and Conditions and the law. The rights and obligations of the contracting parties regarding rights from defective performance are governed, unless otherwise agreed, by generally binding legal regulations, in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code.

Warranty means the seller's commitment that the goods will be fit for the agreed purpose for a certain period after their delivery and will retain the agreed properties.

If a defect is removable, the buyer may request either the repair or completion of what is missing or a reasonable discount from the price. If the defect cannot be removed and the goods cannot be used properly because of it, the buyer may either withdraw from the contract or demand a reasonable price reduction.

The goods are defective if they do not meet the agreed quantity, quality, or design, unless agreed otherwise, in a quality and design suitable for the purpose evident from the contract, or otherwise usual for the purpose.

The buyer's right arising from defective performance is based on a defect that the item had when the risk of damage passed to the buyer, even if it becomes apparent later. The buyer's right is also based on a defect that arises later and was caused by the seller's breach of obligation.

If defective performance is a material breach of the contract, the buyer has the right to:

a) have the defect rectified by the delivery of new defect-free goods or by the supply of missing goods,

b) have the defect rectified by repairing the goods,

c) a reasonable discount from the purchase price, or

d) withdraw from the contract.

If the delivery of defective goods is a minor breach of the contract, the buyer has the right to have the defect rectified or to a reasonable discount from the purchase price.

The buyer exercises the rights from the warranty and rights from defects with the seller, at their address. The moment of exercising rights is considered to be the moment when the buyer handed over the goods to the seller, indicating defects and notifying the claimed right.

Consumer

If the buyer is a consumer, the seller is liable to the buyer for the goods being free from defects upon receipt. In particular, the seller is liable to the consumer that at the time the consumer received the goods:

a) the goods have the properties that the parties agreed, and if there is no agreement, the properties described by the seller or those that the consumer expected based on the nature of the goods and the advertising they carried out,

b) the goods are suitable for the purpose stated by the seller for their use or to which goods of this kind are usually used,

c) the goods correspond to the agreed sample in quality or design, if the quality or design is determined according to the agreed sample,

d) the goods are in the appropriate quantity, extent, or weight, and

e) the goods meet the requirements of legal regulations.

If the buyer is a consumer and a defect appears within six months from receipt, it is considered that the goods were defective at the time of receipt.

If the buyer is a consumer, they have the right to claim a defect that occurs in consumer goods within twenty-four months from receipt. This does not apply to:

a) goods sold at a lower price due to a defect for which the lower price was agreed,

b) wear and tear caused by normal use of the goods,

c) used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or

d) if it arises from the nature of the goods.

The buyer, including a consumer, cannot withdraw from the contract with the seller because it is a contract within the meaning of Section 1837 of the Civil Code, specifically a contract for the supply of goods that have been modified according to the buyer's wishes or for their person.

In the event of a dispute between the seller and the buyer, the parties are encouraged to resolve the dispute through alternative dispute resolution methods, which the seller prefers. In such a case, the buyer can propose a resolution to the seller. The buyer, who is a consumer, will be informed of the handling of complaints or proposals for resolution within a reasonable period, or an amicable solution will be offered by the seller. Consumer complaints can also be addressed through consumer organizations. Any complaints can be directed to supervisory authorities, including those specified in these Terms and Conditions.

VI. Safety and Data Protection

All personal data is confidential and will be used only for the fulfillment of the contract with the buyer and will not be disclosed to third parties, except for situations related to shipping or payment related to the goods and provision to a processor. Personal data provided by the buyer to the seller for the purpose of contract negotiation and fulfillment will be collected, processed, and stored in accordance with the valid laws of the Czech Republic, especially Act No. 101/2000 Coll., on Personal Data Protection, as amended, in electronic or printed form, with the provision being voluntary. The buyer consents to the collection and processing of their personal data for the purpose of fulfilling the contract until they express disagreement with such processing. The buyer has the right to access and correct their personal data, including other legal rights related to these data. Data protection is supervised by the Office for Personal Data Protection.

VII. Final Provisions

Relationships and potential disputes arising from the contract between the seller and the buyer will be exclusively governed by the laws of the Czech Republic and will be settled in the courts of the Czech Republic. If an international element arises from such a contract, it will be governed by the laws of the Czech Republic. These GTC are valid and effective from August 1, 2023. The seller is entitled to change the wording of the GTC.

Seller's phone number: +420 739 323 996,

Seller's email address: info@epowood.design.