TERMS AND CONDITIONS

Individual: Darina Doubková with registered address at Zlochova 2230/1b, 143 00, Prague 4 - Modřany, Czech Republic
Identification number: 76114678
registered in the Trade Register maintained by the Municipal Office of Prague 12, ref. no. P12 18127/2022 OŽI, providing advisory and consulting services through an online store located at the website www.littleoaksvibes.com

1. Introductory Provisions

1.1. These business terms and conditions (hereinafter referred to as the "Terms and Conditions") of Darina Doubková, a natural person with a registered address at Zlochova 2230/1b, 143 00 Praha 4 - Modřany, identification number: 76114678, registered in the trade register kept by the Municipal Office of Prague 12, ref. no. P12 18127/2022 OŽI, file no. OŽI 1573/2022 (hereinafter referred to as the "Seller"), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The Seller operates the online store on a website located at the internet address www.littleoaksvibes.com (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. The terms and conditions do not apply to cases where a person who intends to purchase a product from the seller is a legal entity or a person who acts when ordering the product within the scope of their business activities or within the scope of their independent professional activity.

1.3. Deviation from the business terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement shall take precedence over the provisions of the business terms and conditions.

1.4. The terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are written in English. The purchase agreement can be concluded in English.

1.5. 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 effectiveness of the previous wording of the terms and conditions.

2. Order and Conclusion of a Sales Contract

2.1. Information about the products, including the prices of individual products and their main features, is provided for each product in the online store catalog. The prices of the products displayed are final, including all related fees and costs for returning the product, if the product cannot be returned by regular mail due to its nature. The prices of the products remain valid for the period during which they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase contract under individually agreed conditions.

2.2. All product presentations displayed in the online store interface are of informative nature and the seller is not obliged to enter into a sales contract regarding this product. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.

2.3. The buyer places an order for products/services by filling out the order form without registration.

2.4. To order a product or service, the buyer fills in the order form in the store's web interface. The order form contains, in particular, information about:

2.4.1. The ordered product (the buyer "places" the ordered product into the electronic shopping cart of the web interface of the store),

2.4.2. The method of payment of the purchase price of the product, details about the desired method of delivery of the ordered product,

2.4.3. Information about the costs associated with the delivery of the product (together referred to as the "order").

2.5. Before submitting the order to the seller, the buyer is allowed to check and modify the information entered in the order, including the possibility for the buyer to identify and correct any errors in the data entered in the order. The buyer sends the order to the seller by clicking the "Order with obligation to pay" button. The information provided in the order is considered correct by the seller. The seller will immediately confirm receipt of the order to the buyer by electronic mail sent to the electronic mail address specified by the buyer in the order (hereinafter referred to as the "buyer's electronic address").

2.6. The seller is always entitled, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs), to request the buyer's additional confirmation of the order (e.g. in writing or by phone).

2.7. The contractual relationship between the seller and the buyer arises by delivering the acceptance of the order (acceptance), which is sent by the seller to the buyer by email to the buyer's email address.

2.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer in connection with the use of remote communication means for the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

3. Price of Products and Payment Terms

3.1. The price of the products and any costs associated with their delivery under the purchase agreement may be paid by the buyer to the seller:

•  by bank transfer to the seller's account at IBAN CZ22 3030 0000 0023 8870 5013, held by Airbank (hereinafter referred to as the "seller's account")
• via the PayPal online payment system, or
• via the GP webpay payment gateway.

3.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the product at the agreed-upon amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the product.

3.3. The seller does not require any deposit or similar payment from the buyer. However, this does not affect the provision of Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the product in advance.

3.4. In case of cash payment or payment on delivery, the purchase price is due upon receipt of the product. In case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase contract.

3.5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the product together with indicating the payment reference number. In case of non-cash payment, the obligation of the buyer to pay the purchase price is fulfilled at the moment of crediting the respective amount to the seller's account.

3.6. The seller is entitled, in particular in the event that the buyer does not confirm the order later (Article 2.7), to request payment of the entire purchase price before sending the product to the buyer. The provision of Section 2119 (1) of the Civil Code shall not apply.

3.7. Discounts on the product price provided by the seller to the buyer cannot be combined with each other.

3.8. If it is customary in commercial transactions or is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice regarding payments made on the basis of the purchase agreement to the buyer. The seller is not a value-added tax payer. The seller shall issue the tax document - an invoice to the buyer after payment of the product price and shall send it in electronic form to the buyer's electronic address.

.4. Withdrawal from the Purchase

4.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of a product or service that has been customized according to the buyer's wishes or for their person, from a purchase agreement for the supply of a product that is subject to rapid decay, as well as a product that has been irreversibly mixed with another product after delivery, from a purchase agreement for the supply of a product in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygiene reasons, and from a purchase agreement for the supply of an electronic document, sound or image recording, or computer program.

4.2. Unless it is a case referred to in Article 4.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement under Section 1829 (1) of the Civil Code within fourteen (14) days of receiving the product. In the case where the subject of the purchase agreement is several types of products or the delivery of several parts, this period runs from the day of receiving the last delivery of the product. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer may send the withdrawal from the purchase agreement to the email address of the seller darina.doubkova@littleoaksvibes.com.

4.3. In case of withdrawal from the purchase agreement according to Article 4.2 of the Terms and Conditions, the purchase agreement is cancelled from the beginning. The product must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the product to the seller, even if the product cannot be returned by regular mail due to its nature.

4.4. In case of withdrawal from the purchase agreement pursuant to Article 4.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided to the buyer upon returning the product to the buyer or in another manner agreed upon by the buyer, provided that no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received from the buyer until the buyer returns the product to the seller or proves that they have sent the product to the seller.

4.5. The seller is entitled to unilaterally offset the buyer's claim for a refund of the purchase price against any claim for damages incurred to the product.

4.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the product is taken over by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by non-cash transfer to the account specified by the buyer.

4.7. If a gift is provided to the buyer together with the product, a gift agreement between the seller and the buyer is concluded with a dissolution clause, stating that if the buyer withdraws from the purchase agreement, the gift agreement regarding such gift becomes ineffective and the buyer is obliged to return the provided gift to the seller together with the product.

5. Transport and Delivery of the Product

5.1. In the event that the mode of transport is agreed upon based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

5.2. If, according to the sales contract, the seller is obliged to deliver the product to the place designated by the buyer in the order, the buyer is obliged to accept the product upon delivery.

5.3. If, due to reasons on the part of the buyer, it is necessary to deliver the product repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the product, or the costs associated with the different mode of delivery.

5.4. Upon receiving the product from the carrier, the buyer is obliged to check the integrity of the product packaging, and in the event of any defects, to notify the carrier immediately. In the event of finding any damage to the packaging indicating unauthorized entry into the shipment, the buyer is not obligated to accept the shipment from the carrier.

5.5. Other rights and obligations of the parties regarding the transport of the product may be governed by special delivery conditions issued by the seller.5.1. V případě, že je způsob dopravy smluven na základě zvláštního požadavku kupujícího, nese kupující riziko a případné dodatečné náklady spojené s tímto způsobem dopravy.

6. Rights from defectice performance

6.1. Rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, provisions of 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, as amended)

6.2. The seller is liable to the buyer that the product has no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the product:

6.2.1. the product has the properties that the parties agreed on, and if there is no agreement, it has such properties that the seller or the manufacturer described or that the buyer expected with regard to the nature of the product and based on their advertising,

6.2.2. the product is suitable for the purpose which the seller specifies for its use or for which the product of this kind is usually used,

6.2.3. the product corresponds in quality or performance to the agreed sample or model, if the quality or performance was determined according to the agreed sample or model,

6.2.4. the product is in the appropriate quantity, measure or weight, and

6.2.5. the product complies with legal regulations.

6.3. The provisions set out in Article 6.2 of the terms and conditions do not apply to a product sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by the product's normal use, or to a defect in a used product corresponding to the extent of its use or wear and tear that the product had at the time of takeover by the buyer, or if it follows from the nature of the product.

6.4. If a defect appears within six months of takeover, it shall be deemed that the product was defective at the time of takeover. The buyer is entitled to exercise the right from a defect that occurs in a consumer product within twenty-four months of takeover.

6.5. The buyer exercises their rights from defective performance with the seller at the address of their establishment where acceptance of the complaint is possible with regard to the range of products sold, and also at the seller's registered office or place of business.

6.6. The seller's complaint procedure may regulate additional rights and obligations of the parties related to the seller's liability for defects.

7. Other rights and Obligations of the Contracting Parties 

7.1. The buyer acquires ownership of the product by paying the entire purchase price of the product.

7.2. The seller is not bound by any codes of conduct towards the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.

7.3. The seller shall handle consumer complaints through the email address darina.doubkova@littleoaksvibes.com. The seller shall inform the buyer of the resolution of their complaint via the buyer's email address.

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

7.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is a contact point 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 and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

7.6. The seller is authorized to sell the product on the basis of a trade license. The relevant trade office performs a trade inspection within its scope of authority. The Office for Personal Data Protection oversees the protection of personal data. The Czech Trade Inspection Authority oversees compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to a defined extent.

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

8. Data protection

8.1. Fulfilling its information obligation towards the buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter "GDPR") relating to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating the contract, and fulfilling the public obligations of the seller, the seller fulfills this obligation through a special document.

9. Sending commercial communications and storing cookies.

9.1. The Buyer agrees to receive information related to the products, services or business of the Seller to the Buyer's electronic address, and further agrees to receive commercial communications from the Seller to the Buyer's electronic address. The Seller fulfills its obligation to provide information to the Buyer pursuant to Article 13 of the GDPR regarding the processing of the Buyer's personal data for the purpose of sending commercial communications through a special document.

9.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the purchase agreement without storing so-called cookies on the Buyer's computer, the Buyer may revoke their consent at any time in accordance with the previous sentence.

10. Delivery

10.1. The Buyer may have the order fulfilled delivered to their electronic address.

11. Final Provisions

11.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

11.2. By choosing the law according to Article 11.1 of the terms and conditions, the consumer is not deprived of the protection afforded to them by the provisions of the legal order from which they cannot deviate by contract, and which would otherwise apply in the absence of a choice of law in accordance with Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.3. If any provision of the terms and conditions is or becomes invalid or ineffective, or is declared so, the provision whose meaning most closely approximates the invalid provision shall replace it. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.4. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

11.5. Contact details of the Seller: Address for delivery Darina Doubková, Zlochova 2230/1b, 143 00 Prague 4 - Modřany, email address darina.doubkova@littleoaksvibes.com.

In Prague on July 15, 2022.