Terms and conditions

 

I. Introductory provisions and definitions

  1. These General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of purchase contracts concluded between the customer and the seller through the seller's e-shop. The e-shop is operated by the seller at the internet address www.ekustik.eu.

  2. These GTC are prepared in the English language.

  3. All prices stated on the website are VAT-inclusive.

  4. Definitions:

E-shop: electronic shop, operated at the internet address www.ekustik.eu, via the website interface.

Seller: ekustik, s.r.o.

Contact information:

  • Business address: Čechyňská 416/18, 602 00 Brno, Czech Republic

  • Workshop address: Bratislavská 989, 40747 Varnsdorf, Czech Republic

  • E-mail: info@ekustik.eu

  • Phone: +420 721 705 890, +49 176 51388688

  • VAT of seller: CZ08479763

Store: Ekustik workshop at Bratislavská 989, 40747 Varnsdorf, Czech Republic, operated by the seller.

Customer: a person concluding a purchase contract with the seller through an e-shop.

Consumer: a customer, who enters into a contract with the seller outside the scope of the customer’s business activity.

Entrepreneur: a person who does not conclude a contract as a consumer.

Dispensing point: Ekustik workshop at Bratislavská 989, 40747 Varnsdorf, Czech Republic.

Purchase contract: a purchase contract concluded electronically between the seller and the customer.

Goods: products and services whose transfer to the customer is the subject of a purchase contract.

II. Conclusion of the purchase contract

  1. The goods offered in the e-shop at the price indicated there act as an offer to enter into a purchase agreement, subject to depletion of inventories or loss of the ability of the seller to perform.

  2. The purchase contract is concluded at the moment of completing the purchase online via the checkout section of the e-shop (https://www.ekustik.eu/checkout).

  3. The conclusion of the purchase contract and the data concerning the purchased goods are confirmed to the customer by the seller immediately upon receipt of the order, to the e-mail address specified by the customer in the order, or in the user account (hereinafter "e-mail address").

  4. The purchase contract does not arise when the stocks of goods, under the conditions specified in the customer's order, are already depleted or in the event of loss of the entrepreneur's ability to perform according to these GTC (eg if the goods cease production, its properties change or prices of production materials increase).

III. Basic rights and obligations from the purchase contract

  1. In the case of concluding a purchase contract, the purchase price can be paid:

    1. cashless card payment/PayPal transfer/SEPA transfer

  2. Along with the purchase price, the customer is obliged to reimburse the seller for the costs associated with the packaging and delivery of goods, in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

  3. With regard to the nature of the order (quantity of goods, purchase price, estimated shipping costs, etc.), the seller is entitled to request additional confirmation from the buyer (for example in writing or by telephone), a reasonable deposit on the purchase price, or payment in advance.

  4. After paying the purchase price, the seller will issue a tax document - invoice to the customer and send it in electronic form to the customer's e-mail address.

  5. In the case of concluding a purchase contract via the e-shop, the goods are handed over to the seller by the customer by delivery of the goods to the address specified by the customer in the order form. The customer is obliged to take over the goods.

  6. The customer chooses the method of transport when creating the order. If due to the nature of the order, it is necessary to confirm the method of transport by the seller, the seller will contact the customer within three working days of receiving the order and arrange an individual method of delivery.

  7. If the customer does not take over the goods and this is returned to the seller after unsuccessful delivery, the purchase contract expires. In such a case, both parties are obliged to return everything they have received from the other party. The seller is entitled to reimbursement of costs associated with the unsuccessful delivery of goods to the customer. In such a case, the seller is entitled to include the number of costs incurred in the purchase price, if it has been paid by the customer.

IV. Defective performance rights

  1. The customer is obliged to inspect the goods immediately after receipt.

  2. In the event of any defects in the goods, the customer is obliged to inform the seller about these defects without undue delay.

  3. If the customer is a consumer, they are entitled to exercise the right to defects that occur within twenty-four months of receipt of the goods. This does not apply to defects in goods sold at a lower price due to such a defect; in the case of defects caused by wear and tear of the goods as a result of their normal use; in the case of defects corresponding to the degree of use or wear of the used goods.

    1. In the event of defects, the customer has the right to:

      1. elimination of the defect by delivery of new goods or delivery of missing goods or part thereof;

      2. elimination of defects by repairing goods;

      3. a reasonable discount from the purchase price;

      4. withdrawal from the contract.

    2. The customer is obliged to inform the seller which option they have chosen in the event of defects. The choice cannot be changed without the consent of the seller.

    3. If the seller does not eliminate the defect or refuses to remove it, the customer has the right to request a discount on the purchase price or may withdraw from the contract.

    4. If the goods have a defect upon receipt of the goods by the customer, they have the right to deliver new goods without defects, unless it is disproportionate due to the nature of the defect. If the defect concerns only a part of the goods, the customer has the right only to replace the defective part. If it is possible to repair the goods without undue delay, the customer has the right to repair the goods free of charge. If it is not possible to deliver new goods or a part thereof without defects and if it is not possible to repair the goods without undue delay, the customer has the right to withdraw from the contract.

    5. If a defect occurs repeatedly even after the repair of goods or if a larger number of defects occur, the customer has the right to exchange goods or withdraw from the contract even in the case of remediable defects, ie if the exchange of goods or withdrawal from the contract due to the nature of defects disproportionately.

  4. If the customer is an entrepreneur, the right to defective performance is based exclusively on the defect that the goods have when the risk of defective performance passes to the end customer of the entrepreneur.

    1. In the event of defects, the customer has the right to:

      1. elimination of the defect by delivery of new goods or delivery of missing goods or part thereof;

      2. elimination of defects by repairing goods;

      3. a reasonable discount from the purchase price;

      4. withdrawal from the contract.

    2. The customer is obliged to inform the seller which option they have chosen in the event of defects. The choice cannot be changed without the consent of the seller.

    3. In the event of defects that are a minor breach of contract, the customer has the right to:

      1. defect elimination;

      2. reasonable discount from the purchase price.

    4. If the seller does not eliminate the defect timely or refuses to remove it, the customer has the right to request a discount on the purchase price or may withdraw from the contract.

    5. In the event of defects in the goods, the customer is obliged to deliver the defective goods to the seller at the same time as notification of the defect. The costs associated with the exercise of rights from defects shall be borne by the customer in case of their unjustification.

V. Withdrawal from the contract by the customer

  1. If the customer is a consumer, and if they have concluded a purchase contract with the seller through the e-shop, they have the right to withdraw from the purchase contract without giving a reason within 30 days of receipt of the goods by the customer.

  2. The customer acknowledges that it is not possible to withdraw from the purchase contract on the supply of goods that have been modified according to the customer's wishes.

  3. The customer is obliged to inform the seller in writing about the withdrawal from the contract, stating his contact details.

  4. Withdrawal from the contract must be sent by the customer to the seller’s e-mail address info@ekustik.eu no later than on the 30th day after delivery of the goods.

  5. In the event of withdrawal from the contract, the customer is obliged to hand over or send the goods to the seller no later than 30 days after delivery of the withdrawal from the contract to the seller. The cost of returning the goods to the seller is borne by the customer.

  6. Returned goods cannot be sent cash on delivery, which includes the purchase price of the goods. Such shipment will not be accepted by the seller and the goods are not considered returned.

  7. The seller is obliged to return to the customer the purchase price received from them upon the conclusion of the contract. The seller will return the funds to the customer within 30 days of withdrawal from the contract, but not before the customer delivers the goods or confirmation of its shipment to the seller's address.

  8. If the customer returns the damaged goods after withdrawal from the contract, ie with a reduced value as a result of handling the goods differently than necessary for inspection of the goods, the seller is responsible for such reduced value of the goods. Pollution, scratches, etc. are considered to be a reduction in the value of the goods for which the customer is responsible in accordance with this provision.

  9. The seller is entitled to assess the amount of impairment and determine it on the basis of their professional knowledge and experience. In the event of damage to the goods in such a way that they are de facto destroyed, the amount of the depreciation may reach the maximum value of the goods.

VI. Bonuses

  1. If the customer has been provided with any bonus depending on the purchase price (gift, discount, free shipping, etc.), the customer is obliged, if they withdraw for any reason from the purchase contract or part thereof, to return the bonus together with the goods to which the withdrawal relates.

  2. If the customer is required to return to the seller the value of the bonus provided (gift, discount, transport price) in the event of withdrawal of only part of the purchase agreement, this value will be offset against the purchase price that the seller will be required to return to the buyer, without any further action being required to be taken into account.

 

VII. Delivery.

  1. The customer's delivery address is the address stated in the order form when concluding the purchase contract.

VIII. Final and transitional provisions.

  1. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by Czech law.

  2. The wording of the GTC may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

  3. These terms and conditions come into force and effect on 15.12.2022

Privacy policy

I. Basic provisions

  1. The controller of personal data are pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is ekustik, s.r.o., Czech reg no.: 08479763, VAT ID: CZ08479763, with its registered office at Čechyňská 416/18, 602 00 Brno, Czech Republic (hereinafter: "administrator").

  2. The contact details of the administrator are

Email: info@ekustik.eu

Telephone Number: +420 774 660 553, +49 17651388688

  1. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

II. Sources and categories of personal data processed

  1. The administrator processes the personal data that you have provided to him or the personal data that the administrator has obtained on the basis of the fulfillment of your order.

  2. The administrator processes your identification and contact data and the data necessary for the performance of the contract.

III. Legal reason and purpose of personal data processing

  1. The legal reason for processing personal data is

    1. the conclusion of the contract between you and the administrator,

    2. the legitimate interest of the administrator in the provision of direct marketing (especially for sending commercial messages and newsletters),

    3. your consent to the processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters).

  2. The purpose of processing personal data is

    1. the placement of your order and exercise of rights and obligations arising from the contractual relationship between you and the administrator; when ordering, personal data are required, which are necessary for successful execution of the order (name and address, contact), provision of personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data it is not possible to conclude the contract or perform it by the administrator,

    2. sending order-related messages and doing other marketing activities.

IV. Data retention period

  1. The administrator shall store personal data

    1. for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).

    2. until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 15 years, if the personal data are processed on the basis of the consent.

  2. After the expiry of the retention period of personal data, the administrator shall delete the personal data.

V. Recipients of personal data (subcontractors of the administrator)

  1. The recipients of personal data are persons

    1. involved in the supply of goods / services / execution of payments on the basis of a contract,

    2. providing e-shop operation services (Squarespace) and other services in connection with e-shop operation,

    3. providing marketing services.

  2. The administrator does not intend to transfer personal data to a third country or to an international organization.

VI. Your rights

  1. Under the conditions set out in the GDPR, you have:

    1. the right to access your personal data

    2. the right to correct your personal data 

    3. the right to delete your personal data

    4. the right to object to the processing of your data

    5. the right to revoke the consent to processing in writing or electronically to the address or email of the administrator specified in these conditions.

VII. Terms of personal data security

  1. The administrator declares that he has taken all appropriate technical and organizational measures to secure personal data.

  2. The administrator has taken technical measures to secure data repositories and personal data repositories in paper form.

  3. The administrator declares that only persons authorized by him have access to personal data.

VIII. Final Provisions

  1. By sending the order from the online order form, you confirm that you are familiar with the conditions of personal data protection and that you accept them.

  2. The administrator is entitled to change these conditions. The administrator will publish a new version of the terms of personal data protection on its website and at the same time send you a new version of these terms and conditions to your e-mail address provided to the administrator.

DISCLOSURES

Product finish disclaimer:

Please note that due to the nature of the furniture business, we cannot guarantee that the finish of the ordered products will be exactly as pictured. Imperfections or variations in the grain, color, or sheen of the wood may occur naturally.

As a result, these naturally occurring characteristics are not viewed as damages or defects. Please note that images of products displayed on the website may differ in color due to differences in resolution, color settings, and brightness of computer monitors.

Product Returns:

All Ekustik® custom-made products are non-returnable. Unauthorized returns will be refused and returned freight collect. Delivered orders may not be returned for any reason whatsoever except when repair or replacement is indicated and approved by Ekustik®.

Product Claims:

All Ekustik® products are carefully inspected before shipment. All claims against Ekustik®, including defects, shortages, and/or errors must be made in writing with accompanying photographs within 5 days after receipt of the product. Failure to make such a claim shall constitute full acceptance of the product and waiver of all defects, shortages, and/or errors ascertainable under inspection. Customers should carefully inspect all items at the time of delivery and note any obvious damage on the delivery receipt. All claims for damage to goods while in transit must be settled with the carrier by the consignee. Ekustik® is not responsible for any damages due to shipping or local delivery. Any damage or loss must be claimed by the consignee with the carrier within 5 days and all packing materials must be retained until inspection is made by all parties.