I. Basic Provisions

1. These General Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, hereinafter referred to as the “Civil Code”.

hereinafter referred to as the “seller”.

2. These Terms and Conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity, hereinafter referred to as the “buyer”, through the web interface located on the website available at www.atgreen.cz, hereinafter referred to as the “online store”.

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Any provisions deviating from these Terms and Conditions agreed in the purchase contract shall prevail.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information About Goods and Prices

1. Information about goods, including prices of individual goods and their main characteristics, is provided for each item in the online store catalogue. Prices are stated including value added tax, all related fees and costs for returning goods if, by their nature, such goods cannot be returned by ordinary postal means. Prices remain valid for as long as they are displayed in the online store. This provision does not exclude concluding a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the online store catalogue is informative and the seller is not obliged to conclude a purchase contract regarding such goods.

3. Information about costs associated with packaging and delivery of goods is published in the online store. Information about packaging and delivery costs stated in the online store applies only when goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.

III. Order and Conclusion of the Purchase Contract

1. Costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract, such as internet connection costs or phone call costs, are borne by the buyer. These costs do not differ from the basic rate.

2. The buyer may order goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by completing the order form without registration.

3. When placing an order, the buyer selects the goods, quantity of goods, payment method and delivery method.

4. Before submitting the order, the buyer is allowed to check and change the data entered in the order. The buyer submits the order to the seller by clicking the button to order with payment obligation. The data stated in the order are considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that they have read these Terms and Conditions.

5. Immediately after receiving the order, the seller sends the buyer confirmation of receipt of the order to the e-mail address provided by the buyer during the order. This confirmation is automatic and is not considered the conclusion of the contract. The current Terms and Conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer’s e-mail address.

6. If the seller cannot fulfil any of the requirements stated in the order, the seller sends the buyer an amended offer to the buyer’s e-mail address. The amended offer is considered a new proposal for a purchase contract and, in such case, the purchase contract is concluded by the buyer confirming acceptance of this offer to the seller’s e-mail address stated in these Terms and Conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of order acceptance by the seller. The buyer may cancel the order by phone or e-mail using the seller’s contact details stated in these Terms and Conditions.

8. If an obvious technical error occurs on the seller’s side when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer at such obviously incorrect price, even if the buyer has received automatic confirmation of receipt of the order under these Terms and Conditions. The seller informs the buyer of the error without undue delay and sends an amended offer to the buyer’s e-mail address. The amended offer is considered a new proposal for a purchase contract and, in such case, the purchase contract is concluded by the buyer confirming acceptance to the seller’s e-mail address.

IV. Customer Account

1. Based on registration in the online store, the buyer may access their customer account. From the customer account, the buyer may order goods. The buyer may also order goods without registration.

2. When registering a customer account and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data in the user account whenever any changes occur. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access their customer account. The seller is not liable for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The seller may cancel the user account, especially if the buyer has not used the account for a longer period or if the buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1. The buyer may pay the price of goods and any costs associated with delivery under the purchase contract in the following ways:

• cashless transfer to the seller’s bank account No. 2202323384/2010, held with Fio Banka,
• cashless payment by payment card,
• cashless transfer to the seller’s account through a payment gateway,
• cash on delivery upon handover of the goods,
• for personal collection, payment may be made in cash only,
• in cash or by payment card upon personal collection at pickup points.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also means the costs associated with delivery of goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due before the purchase contract is concluded.

4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.

6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before dispatch of the goods is not considered an advance payment.

7. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer and at the same time register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

8. Goods are delivered to the buyer:

• to the address specified by the buyer in the order,
• through a parcel pickup point to the address of the pickup point selected by the buyer,
• by personal collection at the seller’s premises.

9. The delivery method is selected during ordering.

10. Delivery costs depending on the shipping and receipt method are stated in the buyer’s order and in the seller’s order confirmation. If the delivery method is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with such delivery method.

11. If the seller is obliged under the purchase contract 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 goods must be delivered repeatedly or in a different way than stated in the order for reasons on the buyer’s side, the buyer is obliged to pay the costs associated with repeated delivery or the costs associated with a different delivery method.

12. When receiving goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If packaging damage indicates unauthorised access to the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document — invoice — to the buyer. The tax document is sent to the buyer’s e-mail address or enclosed with the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price, including delivery costs, but no earlier than upon receipt of the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer upon receipt of the goods or at the moment when the buyer was obliged to take over the goods but failed to do so contrary to the purchase contract.

VI. Withdrawal from the Contract

1. A buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days:

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts,
• from the date of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods.

3. The buyer cannot withdraw from the purchase contract, among other cases:

• for the provision of services if they were performed with the buyer’s prior explicit consent before expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such case they do not have the right to withdraw,
• for the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller’s control and which may occur during the withdrawal period,
• for the supply of alcoholic beverages that may be delivered only after thirty days and whose price depends on fluctuations in the financial market beyond the seller’s control,
• for the supply of goods modified according to the buyer’s wishes or for their person,
• for the supply of goods subject to rapid deterioration, as well as goods that were irreversibly mixed with other goods after delivery,
• for the supply of goods in sealed packaging that the buyer removed from the packaging and which cannot be returned for hygiene reasons,
• for the supply of audio or video recordings or computer software if the original packaging was broken,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content not supplied on a tangible medium if it was supplied with the buyer’s prior explicit consent before expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such case they do not have the right to withdraw,
• in other cases stated in Section 1837 of the Civil Code.

4. To meet the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller’s e-mail or delivery address stated in these Terms and Conditions. The seller confirms receipt of the form to the buyer without delay.

6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days from withdrawal. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary postal means due to their nature.

7. If the buyer withdraws from the contract, the seller returns all funds received from the buyer, including delivery costs, without undue delay and no later than 14 days from withdrawal, using the same method. The seller returns funds by another method only if the buyer agrees and if this does not cause additional costs for the buyer.

8. If the buyer chose a delivery method other than the cheapest delivery method offered by the seller, the seller returns delivery costs only in the amount corresponding to the cheapest offered delivery method.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return received funds before the buyer hands over the goods, due to possible depreciation of the goods.

10. The buyer must return the goods undamaged, unused, clean and, if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the buyer’s claim for refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of goods, or if the manufacturer, importer or supplier of goods has discontinued production or import of goods. The seller informs the buyer without delay via the e-mail address stated in the order and returns all funds, including delivery costs, received from the buyer under the contract within 14 days of notification of withdrawal, using the same method or a method specified by the buyer.

VII. Rights Arising from Defective Performance

1. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable that at the time the buyer received the goods:

• the goods have the characteristics agreed by the parties, and if no agreement exists, they have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and advertising carried out by them,
• the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or model, if quality or design was determined according to an agreed sample or model,
• the goods are in the appropriate quantity, measure or weight and comply with legal requirements.

2. The seller has obligations arising from defective performance at least to the extent of the manufacturer’s obligations arising from defective performance. Otherwise, the buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from receipt.

3. If the goods, their packaging, instructions attached to the goods or advertising in accordance with other legal regulations state a period during which the goods may be used, the provisions on quality guarantee apply. By a quality guarantee, the seller undertakes that the goods will be suitable for normal use for a certain period or will retain their usual properties. If the buyer rightfully reports a defect to the seller, the period for exercising rights arising from defective performance and the warranty period do not run during the time when the buyer cannot use the defective goods.

4. The provisions of the previous paragraph do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if this follows from the nature of the goods. The buyer is not entitled to rights from defective performance if they knew before receiving the goods that the goods had a defect or if the buyer caused the defect themselves.

5. In the event of a defect, the buyer may file a complaint with the seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.

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

• if the goods have a substantial defect,
• if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,
• if the goods have a larger number of defects.

7. A substantial breach of contract is such a breach of which the breaching party 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 the breach.

8. In the case of a defect that constitutes a non-substantial breach of contract, regardless of whether the defect is removable or irremovable, the buyer is entitled to removal of the defect or a reasonable discount from the purchase price.

9. If a removable defect occurs repeatedly after repair, usually the third complaint for the same defect or the fourth for different defects, or if 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, replacement of goods or withdrawal from the contract.

10. When filing a complaint, the buyer is obliged to inform the seller which right they have chosen. Changing this choice without the seller’s consent is possible only if the buyer requested repair of a defect that proves to be irremovable. If the buyer does not choose their right arising from a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.

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

12. If the seller proves that the buyer knew of the defect before receiving the goods or caused it themselves, the seller is not obliged to satisfy the buyer’s claim.

13. The buyer cannot complain about discounted goods for the reason for which the goods were discounted.

14. The seller is obliged to accept complaints at any establishment where acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to issue written confirmation to the buyer stating when the buyer exercised the right, what the complaint contains 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 repair and its duration, or written justification for rejecting the complaint.

15. The seller or an authorised employee decides on the complaint immediately, in complex cases within three business days. This period does not include the time reasonably necessary for expert assessment of the defect depending on the type of product or service. Complaints, including removal of the defect, must be handled without undue delay, no later than 30 days from the date of filing the complaint, unless the seller and buyer agree on a longer period. Expiry of this period is considered a substantial breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of filing the complaint is the moment when the buyer’s expression of will to exercise rights from defective performance reaches the seller.

16. The seller informs the buyer in writing of the result of the complaint.

17. The buyer is not entitled to rights from defective performance if the buyer knew before receiving the item that it had a defect or if the buyer caused the defect themselves.

18. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs connected with filing the complaint. The buyer may exercise this right with the seller within one month after expiry of the warranty period; otherwise, the court may not grant it.

19. The buyer chooses the method of complaint handling.

20. The rights and obligations of the 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.

21. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaints procedure.

VIII. Delivery of Correspondence

1. The contracting parties may deliver all written correspondence to each other by electronic mail.

2. The buyer delivers correspondence to the seller at the e-mail address stated in these Terms and Conditions. The seller delivers correspondence to the buyer at the e-mail address stated in the buyer’s customer account or order.

IX. Personal Data

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give us written permission, we will not use your data in any way other than for the purpose of performing the contract, except for the e-mail address to which commercial communications may be sent, as permitted by law unless you refuse this. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple way by sending a letter, e-mail or clicking a link in the commercial communication. The e-mail address will be stored for this purpose for 3 years from the conclusion of the last contract between the parties.

2. More detailed information on personal data protection can be found in the Privacy Policy HERE.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation EU No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation EC No. 2006/2004 and Directive 2009/22/EC.

3. The seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade licensing office within its scope. The Czech Trade Inspection Authority supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final Provisions

1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the seller’s website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the seller’s consent.

4. The seller is not liable for errors caused by third-party interference with the online store or by using it contrary to its intended purpose. When using the online store, the buyer must not use procedures that could negatively affect its operation and must not perform any activity that could allow the buyer or third parties to interfere unlawfully with or use unlawfully the software or other components forming the online store, or use the online store or its parts or software in a way that would be contrary to its intended purpose.

5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.

7. The wording of the Terms and Conditions may be amended or supplemented by the seller. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

8. An example withdrawal form is attached to the Terms and Conditions.