Terms and Conditions

TERMS AND CONDITIONS 

These Terms and Conditions (hereafter referred to as the "Terms") include the terms of use of the Website (hereafter referred to as the "Terms of Use") and the terms of sale (hereafter referred to as the "Terms of Sale") regarding orders placed for Products available on the Website. 

These Terms are exclusively governed by the legislation of the Czech Republic. Any dispute regarding a purchase under these Terms will be subject to the exclusive jurisdiction of the Czech Republic courts. These Terms are subject to change and occasional updates. 

Definitions 

  • Website: The website available at https://www.vpotoky.com/. 
  • User: Any natural person who uses the Website. 
  • Registered User: Any User who has registered, logged into their Account, and uses the Website. 
  • Account: The personal page of the Registered User on the Website with personal information and information about orders. 
  • Company: Velke Potoky s.r.o., a legal entity established under the laws of the Czech Republic, with tax ID CZ05299187 and ICO 05299187, and registered address: Maxov 19, Vseruby, 34401, Czech Republic. The Company is a manufacturer and seller of the Goods on the Website. 
  • Consumer (or Customer): Any natural person (including a natural person acting on behalf of a company) who has placed an order on the Website or intends to do so. 
  • Goods (Products): Any items (e.g., stands for embroidery, other accessories for embroidery) available on the Website. 
  • Sales contract: Any contract under which the Company transfers or undertakes to transfer the ownership of Goods to the Consumer, and the Consumer pays or undertakes to pay the price. 

TERMS OF USE 

General terms 

These Terms of Use should be read and accepted in conjunction with the Website Privacy Policy. User access and use of the Website constitute the User’s agreement to be bound by these Terms of Use between the Company and the User. 

The Website and all rights therein are and shall remain the property of the Company or its licensors. 

The Company provides access to the Website free of charge for every User to allow them to register, browse and order the Goods, view processing orders, make comments and reviews regarding the Goods, etc. 

The Company does not guarantee that the Website or any content on it will always be available or work uninterrupted and be free from errors or omissions. The Company will take all necessary actions to make the Website available at any time for everyone. 

Access to the Website could be restricted, suspended, or withdrawn fully or in part by the Company at any time without any notice. The Website could be updated or changed without any notice. 

Registration on the Website 

Registration on the Website can be done either: 

  • By filling in User personal information when placing an order and pressing the button ‘Confirm Order’ or otherwise confirming the order, or 
  • By filling in User personal information on the specific page of the Website dedicated to registration and pressing the button ‘Continue’ or otherwise confirming User registration. 

Each User shall have only one registered Account. 

By registering on the Website, the User confirms: 

  • That they are aged 15 or above, or for that matter any legal age in their country, and 
  • That all the mentioned personal information during registration is up to date and accurate, and 
  • That they have read and accepted the Company’s Privacy Policy and given consent to personal data processing. 

A Registered User can view and edit their personal information, change their password, modify their address book, and wish list, unsubscribe, or subscribe to the newsletter, view order history, manage return requests, recurring payments, and other transactions. 

Intellectual Property Rights 

All the content present on the Website, which could be subject to copyright or, in this matter, any other intellectual property right (e.g., design), belongs to the Company and/or is used by the Company on the Website with permission of the licensors. 

Users must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from the Company or its licensors. 

Users must not modify, copy, distribute, transmit, perform, display, prepare derivative works from, transfer, sell, exploit, or otherwise use any content present on the Website without the prior written permission of the Company or its licensors. 

The Company grants the User a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, royalty-free, worldwide license to access and use the Website and/or access or use any copyrighted content that may be available through the Website. 

The User grants the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use their content present on the Website. 

TERMS OF SALE 

General terms 

These Terms of Sale shall apply to all sales of Goods provided by the Company. Placing an order for Goods on the Website or otherwise placing the order via email constitutes the Customer's agreement to be bound by these Terms of Sale between the Company and the Customer. These Terms of Sale do not apply to bulk orders. 

To order any Goods on the Website or via email, the Customer shall be aged 15 or above, or for that matter any legal age in their country. 

Ordering and Sales contract 

To order the Goods via the Website, the Customer must: 

  • Register an Account, or such registration will proceed automatically when ordering; 
  • Choose any of the Goods available on the Website, add them to the virtual shopping cart; 
  • Fill in payment and delivery details; 
  • Choose a shipping and payment method; 
  • Proceed with checkout by pressing ‘Confirm order’. 

The Customer can review, correct, and delete any information about the order before confirming it. To review, correct, and delete any information about the order after confirmation, the Customer must contact the Company via email or the dedicated contact form on the Website. 

By clicking on the button ‘Confirm order’ or otherwise confirming their order, the Customer is making a binding offer to purchase the Goods that they have added to the virtual shopping cart. 

After the Consumer orders Goods, the Company will send an electronic written notice of receipt of the order to the email used for registration or ordering. This does not mean that the order has been accepted, and the Sales contract concluded. 

Company's acceptance of the order and the Sales contract conclusion takes place when the Customer receives a confirmation email confirming the successful online payment of their order. The Consumer has the right to withdraw from the order and/or the Sales contract before making any payments or before any delivery without giving the Company any reason. 

The Company explicitly reserves the right not to accept the Customer's order for any reason. The Company also reserves the right to cancel the Sales contract by electronic written notice to the Customer, without being liable for any damage or costs in relation to the canceled Sales contract, in the following situations: 

  • Ordered Goods are not available; 
  • Customer information is not correct or cannot be verified; 
  • Customer payment is not received by the Company within 5 days after issuing an invoice for payment or received but not in full price of the order; 
  • The Company believes that the Customer is under the legal age for the purchase; 
  • The Company could not deliver the ordered Goods to the delivery address. 

If the Sales contract is canceled by the Company, the latter shall reimburse all payments received from the Consumer not later than 21 days from such cancellation. 

Availability 

The fulfillment of any orders placed via the Website is subject to the availability of the ordered products in stock and confirmation of order payment. 

Goods 

All relevant information regarding the Goods is present on the Website. The Company is a manufacturer of the Goods and reserves an exclusive right to make any changes or improvements to the design and construction of the Goods to improve their quality and functionality. The Company shall not specially inform the Customers of any such changes or improvements to the Goods. Goods images on the Website are for illustrative purposes only and may slightly differ from the actual Goods in terms of color, shade, shine, saturation, and matte. Due to differences in monitors, the colors of Goods may also appear different from those shown on the Website. 

Shipping of Goods 

Delivery of all Goods present on the Website and ordered by the Consumer is free of charge. The Company ships ordered Goods within 14 days since payment confirmation; however, such terms are subject to change. If any changes regarding delivery occur, the Customer will be informed by electronic means via the Customer's email. 

Returns 

The Consumer has the right to withdraw from the Sales contract within 14 days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Goods, or in the case of multiple Goods – acquires physical possession of the last good or last piece of such a good (cooling-off period). 

The right of withdrawal after the delivery of Goods is not provided in such cases: 

  • The Goods were modified or changed by the Customer; 
  • The Goods are damaged through the fault of the Customer; 
  • The Goods have been in use; 
  • The Goods are being returned after the cooling-off period. 

If the Consumer intends to use their right to withdraw, they shall inform the Company by electronic means via email or a dedicated contact form on the Website. The exercise of the right of withdrawal shall terminate the Sales contract between the Company and the Consumer. 

Upon delivery, the Customer must inspect the packaging for damage and the Goods for completeness. If the Customer notices damage to the packaging, they must check the Goods for damage. 

If it appears that the Goods are damaged or shipped incompletely, the Customer shall not accept the shipment and must immediately inform the Company of it by electronic means via email or a dedicated contact form on the Website. 

If it appears that the Goods are destroyed during the delivery, the Customer shall immediately inform the Company of it by electronic means via email or a dedicated contact form on the Website. 

If the Customer accepts the incomplete or damaged Goods and does not have any relevant evidence (e.g., images, parcel damage report), the Goods are deemed accepted as complete or damaged due to the fault or careless use of the Customer. The Company might need to obtain the incomplete or damaged Goods from the Customer to examine and replace them or reimburse the full price for them. In such cases, all delivery costs shall be paid by the Customer. 

The Consumer shall send back the Goods in use with their original packaging, in any event, not later than 14 days from the day on which he/she has communicated his/her decision to withdraw from the Sales contract to the Company. 

The Company shall reimburse all payments received from the Consumer not later than 21 days from the day on which the Company is informed of the Consumer’s decision to withdraw from the Sales contract. The Company may withhold the reimbursement until the Goods are received back. The Company does not reimburse the costs of delivery if such costs are present.