TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

1.1. The Seller is dott.ssa Barbora Flora Tomanova, a natural person with registered office at Tyrsova 170, 572 01 Policka, Czech Republic, identification number 07154429, registered in the Czech Trade Register.

1.2. These Terms and Conditions of Sale (the “Terms and Conditions”), valid for the sale of the DEVA DE SAAT products (the “Goods”), govern in accordance with the provisions of § 1751 sect. 1 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”) the mutual rights and obligations of the contracting parties on the basis of a sales agreement (the “Sales Contract”) concluded between the Seller and another natural person (the “Buyer”) via the online store of the Seller. The online store is operated by the Seller on a website located at the internet address www.devadesaat.com (hereinafter the "Website"), through the website interface (hereinafter the "Store’s Web Interface").

1.3. The Terms and Conditions also apply to cases in which a person who intends to purchase Goods from the Seller is a legal entity or a person who acts within their business or as part of their independent occupation while ordering Goods.

1.4. The Buyer warrants that they are legally capable of entering into binding contracts and that they are at least eighteen (18) years old.

1.5. Provisions derogating from the Terms and Conditions may be negotiated in the Sales Contract. Distinctive arrangements in the Sales Contract take precedence over the provisions of the Terms and Conditions.

1.6. The Terms and Conditions are an integral part of the Sales Contract. For the convenience of a non-Czech-speaking party the Terms and Conditions are written in two languages: Czech and English. The Sales Contract is concluded in Czech, eventually in English. In the event of dispute, the Czech version of both the Terms and Conditions and the Sales Contract will be the only official text in its entirety and in all its clauses.

2. SALES CONTRACT

2.1. All the presentation of the Goods present in the Store’s Web Interface is of an informative character and the Seller is not obliged to conclude a Sales Contract regarding these Goods. The provisions of § 1732 sect. 2 of the Civil Code shall not apply.

2.2 The Store’s Web Interface contains information about Goods offered for sale by the Seller, including the prices of the individual Goods. The prices of the Goods are quoted without the value added tax and without the shipping costs. The offer for sale of Goods and the prices of these Goods are valid for as long as they are displayed in the Store’s Web Interface. The Seller is entitled to unilaterally change the prices of the Goods, however, such a price change will not affect any Sales Contract concluded prior to the price change.

2.3. The purchase price will be agreed in each Sales Contract. The amount of the purchase price will correspond to the purchase price of the relevant Goods listed in the Store’s Web Interface at the time of the order submission by the Buyer. This provision does not limit the ability of the Seller to conclude a Sales Contract under individually negotiated conditions.

2.4. Under the conditions set out in these Terms and Conditions, the Seller will charge the Buyer, beyond the purchase price of Goods, for the shipping costs for the delivery of Goods to the Buyer. Information regarding shipping costs is listed in the Store’s Web Interface and is valid only for the delivery of Goods within the territory of the Czech Republic.

2.5. To order the Goods, the Buyer fills in the order form in the Store’s Web Interface. In particular, the order form contains information on:

2.5.1. the ordered Goods (the buyer "puts" the ordered Goods into the electronic shopping cart of the Store's Web Interface),

2.5.2. the Buyer – the Buyer fills in their contact information (first name, last name, e-mail address, phone number) for the purpose of communication associated with processing the order,

2.5.3. the method of payment of the purchase price of the Goods,

2.5.4. the desirable method of delivery of the ordered Goods,

2.5.5. the shipping costs for the delivery of Goods (hereinafter collectively referred to as the “Order”).

2.6. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data the Buyer entered in the Order, also with regard to the Buyer’s ability to detect and correct any errors caused while entering data into the Order. The Order is sent by the Buyer to the Seller by clicking on the “SEND ORDER” button. The data entered in the Order are deemed correct by the Seller.

2.7. Sending an Order is considered to be an act of the Buyer, which undoubtedly identifies the Goods ordered, the purchase price, the person of the Buyer, the method of payment of the purchase price, and is a binding draft contract for the parties. The validity of the Order is conditioned by filling in all required information in the Order Form, by becoming familiar with these Terms and Conditions on the Website and by the Buyer’s confirmation of having read these Terms and Conditions.

2.8. The Order is only a draft of the Sales Contract. Upon receiving the Order, the Seller shall issue the proforma invoice to the Buyer, which also serves as the confirmation of the receipt of the Order (hereinafter the “Proforma Invoice”) and shall send it to the Buyer’s e-mail address stated in the Order (hereinafter the “Buyer’s e-mail address”).

2.9. Depending on the nature of the Order (quantity of Goods, delivery date, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone) before issuing the Proforma Invoice.

2.10. The draft of the Sales Contract in the form of the Order, respectively the Proforma Invoice, is valid for the period of fourteen (14) days from its issue date.

2.11. In the event that any of the requirements specified in the Order cannot be met by the Seller, the Seller will send an amended offer to the Buyer indicating possible variants of the Order and will request the Buyer’s opinion.

2.12. The amended offer is considered to be a new draft of the Sales Contract and in such case the Sales Contract is concluded only upon the acceptance of the Buyer via e-mail or by phone.

2.13. The Sales Contract becomes effective upon payment of the Proforma Invoice to the bank account of the Seller who commits to inform the Buyer of the receipt of the payment forthwith.

2.14. The Buyer acknowledges that the Seller is not obliged to conclude a Sales Contract, especially with persons who have previously substantially violated the Sales Contract (including Terms and Conditions).

2.15. The Buyer agrees to the use of remote means of communication when concluding the Sales Contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Sales Contract (costs of internet connection, phone call cost) are paid by the Buyer.

3. PRICE OF GOODS AND PAYMENT CONDITIONS

3.1. The purchase price of Goods is set in CZK. To determine the price of Goods in EUR, the Seller uses the CZK to EUR exchange rate announced by the Czech National Bank, valid on the first day of the month in which the Buyer orders the Goods.

3.2. The Seller accepts payment of the purchase price of Goods by credit card online (Secure SSL Checkout), eventually by bank transfer to the bank account of the Seller. The details for the payment (the Seller’s bank account number and the variable symbol of the payment) will be communicated to the Buyer via the Proforma Invoice which will be sent by the Seller to the e-mail address of the Buyer.

3.3. Along with with the purchase price of Goods, the Buyer is obliged to pay to the Seller also the shipping costs in the agreed amount associated with the delivery of Goods. Unless expressly stated otherwise, the purchase price refers also to the shipping costs associated with the delivery of Goods.

3.4. The Seller requires payment in advance from the Buyer. This is without prejudice to the provisions of Art. 3.5. of the Terms and Conditions regarding the obligation to pay the purchase price of Goods in advance.

3.5. In the case of cashless payment (bank transfer), the Buyer is obliged to pay the purchase price of Goods stating the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s bank account.

3.6. The Seller is entitled to demand payment of the entire purchase price before the start of production of the ordered Goods. The provisions of § 2119 sect. 1 of the Civil Code shall not apply.

3.7. If it is usual in trade relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the Sales Contract. The Seller is not a payer of value added tax. The tax document – invoice is issued by the Seller to the Buyer and sent or handed over together with the finished Goods. Upon request, the Seller shall send it in the electronic form to the Buyer’s e-mail address beforehand.

4. AVAILABILITY, SHIPPING AND DELIVERY OF GOODS

4.1. Unless expressly stated otherwise, all Goods offered by the Seller for sale are made to order, specifically for the person of the Buyer, and therefore not in stock.

4.2. The lead time between the placement of the Order and delivery of Goods may be anywhere from 2 weeks to several months depending on the production capacity, material availability and customer wait-list. The Seller commits to inform the Buyer about the approximate date of delivery of ordered Goods in the confirmation e-mail sent to the Buyer by the Seller upon receiving the Order. Should the approximate date of delivery change due to reasons beyond control of the Seller, the Buyer will be notified on time and the Seller will solve the situation to the satisfaction of both parties.

4.3. The Buyer has the option to receive the ordered Goods in two ways, namely by personally picking up the finished Order at the Seller’s premises by prior arrangement, or by accepting the shipment upon delivery.

4.4. If the shipping method is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any eventual additional costs associated with this shipping method.

4.5. If the Seller is obliged to deliver the Goods to a place specified by the Buyer in the Order under the Sales Contract, the Buyer is obliged to accept the Goods upon delivery.

4.6. In the event that due to reasons on the part of the Buyer it is necessary to deliver the Goods repeatedly or in any other way than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the Goods, or the costs associated with other delivery methods.

4.7. When receiving the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the shipment and in case of any defects notify the carrier immediately. In the event of damaged packaging that indicates unauthorized access to the shipment, the Buyer may decide not to accept it.

4.8. The Seller uses the EXPRESS MAIL SERVICE or the Parcel Delivery To Hand service provided by Czech Post for the delivery of Goods to the Buyer within the territory of the Czech Republic. For the delivery of Goods outside the territory of the Czech Republic, the Seller uses the International Insured Parcel service and the Buyer pays only the basic postage price which corresponds to the weight of the shipment. The postage price is charged to the Buyer according to the valid price list of Czech Post.

4.9. If the Buyer orders Goods for delivery outside the territory of the Czech Republic then the Goods may be subject to import duties and taxes which are levied when the shipment reaches the specified destination. In such case, the Buyer will be responsible for payment of any such import duties, taxes and fees. The Buyer acknowledges that the Seller has no control over these charges and cannot predict their amount. The Buyer also acknowledges that if the shipment was returned because they are not willing to pay the applicable import duties, and/or the Buyer entered a wrong delivery address in the Order Form, and/or there is no one to accept the shipment, the Seller is unable to refund shipping charges, custom charges and any return charges incurred by the Seller. The Buyer further warrants that they comply with all applicable laws and regulations of the country for which the Goods are destined. The Seller will not be liable for any breach by the Buyer of any such laws.

5. WITHDRAWAL FROM THE SALES CONTRACT

5.1. The Buyer acknowledges that in accordance with the provisions of § 1837 of the Civil Code, after payment becomes effective, it is not possible to withdraw from the Sales Contract for the delivery of Goods that were personalized/customized/tailored according to the Buyer’s specifications or for their person (e.g. monogram debossing, made to measure belt, bespoke product, etc.) when delivered as described and in good condition.

5.2. If not the case stated in Art. 5.1. of the Terms and Conditions, the Buyer has in accordance with the provisions of § 1829 sect. 1 of the Civil Code the right to withdraw from the Sales Contract without giving any reason and within fourteen (14) days from the day following the day on which the Buyer or a third party designated by the Buyer (other than the carrier) receives the Goods, and if the subject of the Sales Contract is the delivery of several types of Goods, the period shall run from the date of receipt of the last delivery of Goods. To exercise the right of withdrawal from the Sales Contract, the Buyer must inform the Seller of their withdrawal from the Sales Contract in the written form of unilateral legal act within the relevant period. For withdrawal from the Sales Contract, the Buyer may use the sample form provided by the Seller. The withdrawal from the Sales Contract shall be sent via e-mail to atelier@devadesaat.com or delivered together with the returned Goods to Atelier DEVA DE SAAT, dott.ssa Barbora Flora Tomanova, Tyrsova 170, 572 01 Policka, Czech Republic.

5.3. In case of withdrawal from the Sales Contract according to Art. 5.2. of the Terms and Conditions, the Sales Contract is revoked. The Buyer is obliged to return the Goods received from the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract. The Goods must be returned to the Seller clean, complete, undamaged and unused, and if possible, in the original packaging, tag included. It is in the Buyer’s interest to send the Goods back to the Seller as an insured shipment because the Seller is not liable for any loss or damage of the shipment during transport. The Buyer is responsible for payment of all costs associated with returning the Goods to the Seller, even if the Goods cannot be returned by regular postal service due to their nature. Should the Buyer return the Goods via cash on delivery shipment, the Seller is not obliged to accept the Goods. In the case the Seller accepts the Goods returned by the Buyer via cash on delivery shipment, the Seller is entitled to unilaterally set off the claim for compensation of these costs against the claim of the Buyer for a refund of the purchase price.

5.4. The Buyer acknowledges that if the returned Goods are incomplete, damaged or worn, the Seller shall be entitled to a compensation claim for damage incurred. The Seller is entitled to unilaterally set off the claim for damages against the claim of the Buyer for a refund of the purchase price.

5.5 In case of withdrawal from the Sales Contract according to Art. 5.2. of the Terms and Conditions, the Seller shall refund to the Buyer without undue delay, no later than fourteen (14) days from the day when the Seller received the notice of withdrawal, all payments received by the Seller from the Buyer, including shipping costs associated with the delivery of Goods (except for the additional costs incurred as a result of the Buyer’s chosen delivery method other than the most economic standard delivery method offered). The Seller shall refund to the Buyer all received payments in the same manner as the Seller received them from the Buyer. If the Buyer withdraws from the Sales Contract, the Seller is not obliged to refund the received payments to the Buyer before the Buyer returns the Goods.

5.6. Certain Goods are made of Italian Full-Grain Vegetable Tanned Cowhide Leather certified Pelle Conciata al Vegetale in Toscana (hereinafter the “Certificate”). This Certificate serves, among other things, as a unique identifier of the tannery that produced this leather as well as the manufacturer of the final Goods made of this leather. This Certificate is an integral part of all Goods made of this leather by the Seller and in case of withdrawal from the Sales Contract for such Goods, the Buyer must return the Certificate together with the Goods.

5.7. If a gift is provided to the Buyer together with the Goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Sales Contract, the gift agreement is lost and the Buyer is obliged to return the Goods together with the provided gift to the Seller.

5.8. Until the Buyer accepts the Goods, the Seller is entitled to withdraw from the Sales Contract at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, and by cashless transfer to the account specified by the Buyer.

6. LIABILITY FOR DEFECTS, WARRANTY CLAIM

6.1. The rights and obligations of the contracting parties regarding the rights arising from obligations of non-performance are governed by relevant generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

6.2. When exercising rights arising from non-performance, the Seller acts in accordance with the Warranty Terms and Conditions.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1. The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.

7.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 e) of the Civil Code.

7.3. Consumer complaints are handled by the Seller via the e-mail address atelier@devadesaat.com. The Seller will send information on the settlement of the Buyer’s complaint to their e-mail address.

7.4. The Czech Trade Inspection (http://www.coi.cz), with headquarters at Stepanska 567/15, 120 00 Prague 2, Czech Republic, is the competent body to settle out-of-court settlement of consumer disputes arising from the Sales Contract. The Czech Trade Inspection carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.5. The contact point for online consumer dispute resolution is the European Consumer Center Czech Republic (https://evropskyspotrebitel.cz), with headquarters at Stepanska 567/15, 120 00 Prague 2, Czech Republic.

7.6. The supervisory authority for personal data protection is the Office for Personal Data Protection (https://uoou.cz), with headquarters at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic.

7.7. The Seller is entitled to sell Goods on the basis of a trade license. The trade control is carried out by the appropriate trade licensing office within its competence.

7.8. The Buyer hereby assumes the risk of change in circumstances within the meaning of § 1765 (2) of the Civil Code.

8. PRIVACY POLICY AND COOKIES

8.1. The Seller ensures the protection of personal data of the Buyer, who is a natural person, in accordance with the General Data Protection Regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data (the “Regulation”) and in accordance to the Act No. 110/2019 Coll., on Processing of Personal Data.

8.2. The Seller fulfills the obligation to inform the Buyer within the meaning of Article 13 of the Regulation through the Privacy Policy page where the Buyer can find the complete text of the Principles of Personal Data Processing as well as the Cookie Policy.

9. WRITTEN COMMUNICATIONS

9.1. Both contracting parties shall deliver all notices relating to the Sales Contract (including the withdrawal from the Sales Contract) to the other party in written form by e-mail, with the Seller delivering the correspondence to the Buyer ‘s e-mail address they specified in the Order Form, and the Buyer delivering to the Seller’s e-mail address atelier@devadesaat.com. The contracting parties are also entitled to deliver the correspondence by registered mail via a postal service provider to the address of the other contacting party.

9.2. Message is considered as delivered:

9.2.1. in the case of delivery by e-mail – at the moment of its receipt at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,

9.2.2. in the case of delivery in person or by a postal service provider – at the moment of receipt of the registered mail by the addressee,

9.2.3. in the case of delivery in person or by a postal service provider – also by refusing to accept the registered mail, if the addressee (or the person authorized to accept the mail) refuses to accept the mail,

9.2.4. in the case of delivery by a postal service provider – after expiry of the period of ten (10) working days from the day of deposit of the registered mail and the receipt of the notification to the addressee to pick up the deposited mail, if the mail is deposited with the postal service provider, even if the addressee did not know of the deposit.

10. GIFT VOUCHERS

10.1. These Terms and Conditions apply also to the Goods purchased with Gift Vouchers which the Seller issues and sells through the Website.

10.2. The redemption of Gift Vouchers is governed by the Gift Voucher Terms and Conditions.

11. FINAL PROVISIONS

11.1. Any dispute or claim arising out of or in connection with the Sales Contract will be governed by Czech law, and this applies also in cases where the legal relation established by the Sales Contract contains an international (foreign) element. This is without prejudice to the rights of the Buyer, who is a consumer, arising from generally binding legal regulations.

11.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes such, the invalid provision shall be replaced by a provision which is as close as possible in meaning to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and amendments to the Sales Contract or the Terms and Conditions require a written form.

11.3. The concluded Sales Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Buyer.

11.4. The Seller may revise and amend these Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The current version of the Terms and Conditions is effective from 15th August 2024.

12. CONTACT

Contact details of the Seller for delivery: Atelier DEVA DE SAAT, Tyrsova 170, 572 01 Policka, CZ / for electronic communication: atelier@devadesaat.com / by phone: +420 605 301 094.