I. Introductory Provisions and Definitions

These General Terms and Conditions (the "GTC") form an integral part of all purchase contracts concluded between the customer (the "Customer") and the seller (the "Seller") through the Seller's e-shop, located at www.ekustik.eu and www.ekustikparametric.eu.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.

These GTC are available in both Czech and English.

All prices listed on the website include Value Added Tax (VAT).

Definitions:

• E-shop: The electronic shop operated at the internet address www.ekustik.eu and www.ekustikparametric.com

• Seller: ekustik, s.r.o.

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

  • Workshop Address: Bratislavská 3074, 40747 Varnsdorf, Czech Republic

  • Email: info@ekustik.eu, hello@ekustik.eu

  • Phone: +420 705 506 599

  • VAT ID: CZ08479763

• Store/Dispensing Point: Ekustik workshop at Bratislavská 3074, 40747 Varnsdorf, Czech Republic.

• Customer: A person who enters into a purchase contract with the Seller via the E-shop.

• Consumer: A Customer who is a natural person entering into a contract with the Seller for purposes that are outside their trade, business, craft, or profession.

• Entrepreneur: A person acting within the scope of their trade, business, or profession.

• Purchase Contract: An electronic contract concluded between the Seller and the Customer.

• Goods: Products and services that are the subject of a Purchase Contract.

II. Conclusion of the Purchase Contract

The presentation of goods in the e-shop constitutes a non-binding offer. A binding Purchase Contract is concluded at the moment the Customer completes their purchase online via the checkout section of the e-shop.

The Seller will confirm the conclusion of the Purchase Contract and the details of the purchased Goods immediately upon receipt of the order by sending a confirmation email to the email address provided by the Customer.

A Purchase Contract is not concluded if the ordered Goods are out of stock or if the Seller is unable to fulfill the order for any other reason (e.g., if the goods have been discontinued, properties have changed, or production costs have increased). In such cases, the Seller will inform the Customer without undue delay.

III. Basic Rights and Obligations

The purchase price can be paid by credit/debit card, PayPal, or SEPA transfer.

Along with the purchase price, the Customer must cover the costs associated with the packaging and delivery of the Goods, as specified in the order.

Based on the nature of the order (e.g., large quantity, high price), the Seller may request additional confirmation from the Customer (e.g., in writing or by phone), a reasonable deposit, or full payment in advance.

The Seller will issue a tax document (invoice) and send it in electronic form to the Customer's email address after the Goods have been shipped.

Goods will be delivered to the address specified by the Customer in the order form. The Customer is obligated to accept the Goods.

The Customer selects the shipping method when placing the order. If an individual delivery arrangement is necessary due to the nature of the order, the Seller will contact the Customer within three working days to arrange it.

If the Customer fails to accept the goods and they are returned to the Seller, the Purchase Contract is terminated. In this case, both parties must return what they have received. The Seller is entitled to reimbursement for costs associated with the failed delivery. These costs may be deducted from any purchase price already paid by the Customer.

IV. Defective Performance and Claims

The Customer is responsible for inspecting the Goods immediately upon receipt.

Any claims for defects, shortages, or errors must be made in writing with accompanying photographs within 5 days of receipt. Failure to do so will be considered full acceptance of the product and a waiver of all discoverable defects.

Customers should carefully inspect all items upon delivery and note any obvious damage on the delivery receipt. All claims for shipping damage must be settled directly with the carrier. The Seller is not responsible for damages during transit. The Customer (consignee) must file a claim with the carrier within 5 days and retain all packing materials for inspection.

Consumer Rights:

A Consumer has the right to claim defects that occur within 24 months of receipt of the Goods. This does not apply to defects in discounted goods, defects caused by normal wear and tear, or defects corresponding to the state of used goods.

In the case of a defect, the Consumer can choose one of the following rights:

• Have the defect eliminated by repair or by delivery of a new or missing part.

• Request a reasonable discount from the purchase price.

• Withdraw from the contract.

The Consumer must inform the Seller of their chosen right. This choice cannot be changed without the Seller's consent. If the Seller fails to remedy the defect or refuses to do so, the Consumer may request a discount or withdraw from the contract.

If a defect exists upon receipt, the Consumer may request a replacement. If a part is defective, they may request a replacement of that part. If repair is possible without undue delay, the Consumer may request a free repair. If replacement or repair is not possible, the Consumer may withdraw from the contract.

If a defect reappears after a repair or if there are multiple defects, the Consumer may request an exchange or withdraw from the contract, even for rectifiable defects.

Entrepreneur Rights:

An Entrepreneur's right to defective performance is based exclusively on the defect that the goods had when the risk of defective performance passed to the Entrepreneur.

In the event of a defect, the Entrepreneur has the right to:

• Elimination of the defect by repair or by delivery of a new or missing part.

• A reasonable discount from the purchase price.

• Withdrawal from the contract.

The Entrepreneur must inform the Seller of their chosen right, which cannot be changed without the Seller's consent. For minor breaches, the Entrepreneur can only claim a repair or a reasonable discount. If the Seller fails to remedy the defect in time or refuses to do so, the Entrepreneur may request a discount or withdraw from the contract.

The Customer must deliver the defective goods to the Seller when notifying them of the defect. The Customer bears the costs of exercising their rights if their claim is found to be unjustified.

V. Right of Withdrawal (for Consumers only)

A Consumer who has concluded a Purchase Contract via the E-shop has the right to withdraw from the contract without giving a reason within 30 days of receiving the Goods.

The Customer acknowledges that this right of withdrawal does not apply to custom-made products that have been modified according to their specific wishes. All custom-made Ekustik products are non-returnable.

To withdraw, the Customer must send a written notice to the Seller's email address, info@ekustik.eu, no later than the 30th day after receiving the Goods.

Upon withdrawal, the Customer must return the Goods to the Seller no later than 30 days after sending the withdrawal notice. The Customer is responsible for the costs of returning the Goods.

The Seller will not accept returned Goods sent via cash on delivery (COD).

The Seller will return all payments received from the Customer within 30 days of receiving the withdrawal notice, but not before the Customer has returned the Goods or provided proof of shipment.

If the Customer returns damaged goods, their value will be reduced. The Seller is entitled to a claim for this reduction in value, which may include damages from pollution, scratches, or destruction. The Seller will assess the impairment based on professional knowledge.

VI. Bonuses

If a Customer received a bonus (e.g., gift, discount, free shipping) based on their purchase, they must return the bonus along with the Goods in the event of withdrawal. If only part of the Purchase Contract is withdrawn, the value of the bonus will be deducted from any refund owed to the Customer.

VII. Delivery

The delivery address is the address provided by the Customer in the order form.

VIII. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, designs, photographs, and the overall look and feel, is the exclusive property of ekustik, s.r.o. and is protected by Czech and international copyright laws.

You may not copy, reproduce, modify, distribute, display, perform, or create derivative works from any content on the Website without the express written permission of the Operator. Any unauthorized use of the Website's content is strictly prohibited.

IX. Final and Transitional Provisions

These GTC, and the Purchase Contract, are governed by the laws of the Czech Republic.

The Seller reserves the right to change or supplement these GTC. Any changes will not affect the rights and obligations arising during the validity period of a previous version.

These terms and conditions come into force and effect on March 31, 2025.

Privacy policy

I. Basic Provisions

The controller of personal data, pursuant to Article 4 (7) 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 (the "GDPR"), is:

• ekustik, s.r.o.

• Czech Business Reg. No.: 08479763

• VAT ID: CZ08479763

• Registered Office: Čechyňská 416/18, 602 00 Brno, Czech Republic

(Hereinafter referred to as the "Controller").

The Controller's contact details are:

• Email: info@ekustik.eu, hello@ekustik.eu

• Phone: +420 705 506 599

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

II. Sources and Categories of Personal Data Processed

The Controller processes the personal data that you have provided, as well as personal data obtained from the fulfillment of your order.

The Controller processes your identification and contact details, and other data necessary for the performance of the contract.

III. Legal Basis and Purpose of Personal Data Processing

The legal bases for processing your personal data are:

• The conclusion and performance of a contract between you and the Controller (e.g., fulfilling your order).

• The legitimate interest of the Controller in providing direct marketing (specifically, for sending commercial messages and newsletters).

• Your explicit consent for the purpose of direct marketing (for sending commercial communications and newsletters), which you may provide separately.

The purposes for which your personal data are processed are:

• To process your order and to exercise the rights and obligations arising from the contractual relationship. This includes collecting the necessary data (name, address, and contact information) to successfully execute the order. Providing this personal data is a mandatory requirement for concluding and fulfilling the contract.

• To send order-related messages and to carry out other marketing activities.

IV. Data Retention Period

The Controller will store personal data:

• For the duration required to exercise the rights and obligations arising from the contractual relationship and to assert any claims from these relationships (e.g., for a period of 15 years from the termination of the contractual relationship).

• Until consent for personal data processing for marketing purposes is withdrawn, for a maximum period of 15 years if the data is processed solely on the basis of consent.

After the expiration of the retention period, the Controller will permanently delete the personal data.

V. Recipients of Personal Data (Subcontractors of the Controller)

The recipients of your personal data are entities that:

• Are involved in the supply of goods or services or the execution of payments under the contract.

• Provide e-shop operation services (e.g., Squarespace) and other services related to the e-shop's operation.

• Provide marketing services.

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

VI. Your Rights

Under the conditions set out in the GDPR, you have the right to:

• Access your personal data.

• Correct your personal data if it is inaccurate.

• Erase your personal data ("the right to be forgotten").

• Object to the processing of your data.

• Withdraw your consent to processing at any time by sending a written or electronic request to the Controller's contact details.

VII. Terms of Personal Data Security

The Controller declares that it has implemented all appropriate technical and organizational measures to secure your personal data.

The Controller has put in place technical measures to secure both electronic and physical data repositories.

The Controller further declares that only authorized persons have access to personal data.

VIII. Final Provisions

By sending an order from the online order form, you confirm that you have read and understood these personal data protection terms and that you accept them.

The Controller is entitled to change these terms. The Controller will publish any new version of the terms on its website and, at the same time, will send a new version to the email address you have provided.