of the company Rooty s.r.o.
registered office at J.Hloucha 323/11, 37010 České Budějovice, Czech Republic, Company ID No.: 06580904

which is registered in the Commercial Register of the District Court City of České Budějovice, Insert number: 26875 / C (hereinafter referred to as the seller), for the sale of goods through an online store at the address www.rootyrug.com.

1. Introductory Provisions

• These Terms and Conditions (hereinafter referred to as the “GTC”) of the Seller govern – pursuant to Section 1751, paragraph 1 of Act No. 89/2012, Coll., the Civil Code (hereinafter referred to as the “Civil Code”) – the mutual rights and obligations arising in connection with the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and any other natural person (hereinafter referred to as the “Buyer”) through the online store of the Seller. The online store is operated by the Seller on the website located on the Internet address rootyrug.com (hereinafter referred to as the “Website”) through the Website interface (hereinafter referred to as the “Online Store Web Interface”). The GTC do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who orders goods in the course of their business activity or under their profession.
• Provisions derogating from the GTC may be agreed on in the Purchase Contract. Such derogating provision contained in the purchase contract shall prevail over the provisions of the GTC.
• The provisions of the GTC are integral part of the Purchase Contract. The wording of the GTC may be change or supplemented by the Seller. This provision shall not affect the rights and obligations which arose during the effective period of the previous version of the GTC.

2. Conclusion of the Purchase Contract

• Any presentation of the goods placed on the Online Store Web Interface shall be for information only, and the Seller shall not be obliged to conclude the Purchase Contract regarding such goods. Application of Section 1732, paragraph 2 of the Civil Code is hereby excluded.
• The Online Store Web Interface contains information about goods, including prices of individual goods. Prices of goods include VAT and all related charges. Prices of goods remain in force as long as they are displayed on the Online Store Web Interface. This provision shall not limit the Seller’s option to conclude a purchase contract under individually negotiated conditions.
• The Online Store Web Interface also contains information on the costs associated with packaging and delivery.
• The Online Store Web Interface allows the Buyer to place orders directly without prior registration. When ordering goods, the Buyer shall provide correct and true information.
• To order goods, the Buyer shall fill out the order form on the Online Store Web Interface. The order form contains particularly information about:
  • ordered goods (the Buyer places ordered goods into the electronic shopping cart of the Online Store Web Interface);
  • method of payment of the purchase price of goods, details of the desired method of delivery of goods ordered; and
  • information on the costs associated with delivery of goods (hereinafter collectively referred to as the “Order”).
• Prior to sending the Order to the Seller, the Buyer may check and modify information filled out in the order form also in order to detect and correct errors made during entering data in the order form. The Buyer sends the Order to the Seller by clicking “Submit Order”. The data specified in the Order by the Seller shall be deemed correct. Immediately upon receipt of the Order, the Seller shall confirm receipt of the Order to the Buyer by an e-mail sent to the e-mail address specified in the Order or in the user interface (hereinafter referred to as the “Buyer’s E-mail Address”)
• The Seller shall always be entitled to, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
• The contractual relationship between the Seller and the Buyer arises upon delivery of acceptance of the order sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.
• The Buyer agrees to the use of means of distance communication in concluding the Purchase Contract. The costs incurred by the Buyer in association with using means of distance communication in connection with concluding the Purchase Contract (cost of internet connection, telephone costs), and such costs do not differ from the standard rate.

3. Prices and Payment Terms

• The price of goods and any costs associated with the delivery of goods according to the Purchase Contract may be paid to the Seller in the following ways:
• in cash on delivery at the place designated by the Buyer in the Order;
• by bank transfer to the bank account of the Seller (hereinafter referred to as the “Seller’s Account”), the number of the Seller’s Account along with the variable symbol for a given payment is sent upon confirmation of the Order);
• Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price shall include costs associated with delivery of goods.
• The Seller shall not require that the Buyer pays a deposit or other similar payment. This is without prejudice to the provisions of the GTC regarding the obligation to pay the purchase price in advance.
• In the case of payment in cash or on delivery, the purchase price shall be payable upon receipt of goods. In the case of cashless payment, the purchase price shall be payable in 7 days from the conclusion of the Purchase Contract.
• In the case of bank transfer, the Buyer shall pay the purchase price while indicating the variable symbol of the payment. In the case of bank transfer, the obligation of the Buyer to the pay the purchase price shall be deemed fulfilled upon crediting the amount to the Seller’s Account.
• The Seller shall be entitled, especially if the Buyer fails to provide additional confirmation of the Order, to require payment of the full purchase price prior to dispatching the goods to the Buyer. Application of Section 2119, paragraph 1 of the Civil Code is hereby excluded.
• Any discounts on the price of goods provided by the Seller to the Buyer may not be combined.
• If it is customary in trade relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document (invoice) for payments made under the Purchase Contract. The Seller is a payer of the value added tax. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer’s E-mail Address or printed out and attached to the goods dispatched.

4. Withdrawal from the Purchase Contract

• The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not allowed to withdraw from a purchase contract for the supply of goods, inter alia, which have been adjusted according to the wishes of the buyer, which are subject to rapid deterioration, which have been after delivery irrevocably mixed with other goods, or which the buyer removed from their packaging, thus rendering them unfit for return due to sanitary reasons.
• Unless as referred to in section 4 or any other case which forbids withdrawal from the Purchase Contract, the Buyer may, pursuant to Section 1829, paragraph 1 of the Civil Code, withdraw from the Purchase Contract within fourteen (14) days from receipt of goods, and if the subject of the Purchase Contract is several kinds of goods or supply of several parts, this period commences from the date of receipt of the last delivery. Notification on the withdrawal from the Purchase Contract must be sent to the Seller within the period mentioned in the previous sentence. The notice on withdrawal from the Purchase Contract must be sent by the Buyer to the above contact postal or e-mail address.
• In case of withdrawal from the Purchase Contract pursuant to the GTC, the Purchase Contract shall be cancelled in its entirety. Goods must be returned to the Seller within fourteen (14) days from the withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the cost of returning goods to the Seller, even in the case where the goods cannot be returned by common post services due to its nature.
• In case of withdrawal pursuant to Article 4 of the GTC, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer in the same way as the Seller received them from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer already at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees to it and if it does not create additional costs for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received from Buyer before the Buyer returns goods to the Seller.
• The Seller shall have the right to unilaterally set off damage to returned goods against the refund of the purchase price due to the Buyer.
• In cases where the Buyer, pursuant to Section 1829, paragraph 1 of the Civil Code, has the right to withdraw from the Purchase Contract, the Seller shall also be entitled to withdraw from the Purchase Contract and until receipt of the goods by the Buyer. In that case, the Seller shall return the purchase price to the Buyer without undue delay by bank transfer to the account designated by the Buyer.
• If a gift was provided along with goods, the gift contract between the Buyer and the Seller shall be deemed concluded with a resolutive condition that in the event the Purchase Contract is terminated by the Buyer, the gift contract shall become void and null and the Buyer shall return the gift along with the goods to the Seller.
• The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or partially consumed, the Seller may claim damages incurred. For the avoidance of any doubt, a returned package is always opened under video recording. The Seller shall have the right to unilaterally set off damage to returned goods against the refund of the purchase price due to the Buyer.

5. Transport and Delivery of Goods

• In the event that the method of delivery is agreed on at a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with such a method of delivery.
• If the Seller is obliged under the Purchase Contract to deliver goods at a place specified by the Buyer in the Order, the Buyer shall accept the goods upon delivery.
• In the event that it is necessary to repeat delivery or change the method of delivery to another method than as set out in the Order due to a reason on the part of the Buyer, the Buyer shall pay the costs associated with such repeated delivery of goods or changed method of delivery.
• The Buyer shall inspect the integrity of the packaging of the goods upon acceptance of the goods from the carrier, and in case any defects are discovered, refuse to accept the goods and immediately notify the carrier and the Seller.
• Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms and conditions of the Seller, if issued by the Seller.

6. Rights from Defective Performance

• The rights and obligations of the parties regarding the rights from defective performance shall be governed by the relevant legislation (including the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code.
• The Seller warrants to the Buyer that the goods are free of defects upon delivery. In particular, the Seller warrants to the Buyer that the goods upon delivery:
  • have qualities that the Parties have agreed on, and if there is no agreement, have the qualities described by the Seller or the manufactured or which the Buyer expected given the nature of the goods and based on advertising they carry out;
  • are fit for the purpose indicated by the Seller or as is common for such goods;
  • correspond in terms of quality or execution with an agreed sample or model, if the goods were executed according to a sample or model;
  • are in required quantity, extend, or weight; and
  • comply with legal requirements.
• The provisions referred to in this section herein shall not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, goods with wear and tear caused by its common use, used goods with wear and tear present at the time of acceptance by the Buyer, or if required so from the nature of the goods.
• If a defect is discovered within six months after acceptance, it shall be deemed the goods have been defective already at the time of acceptance.
• The rights of defective performance shall be exercised by the Buyer against the Seller at the above contact address.
• Other rights and obligations of the Parties relating to the liability of the Seller for defects may be governed by the Complaint Rules of the Seller.

7. Other Rights and Obligations of the Parties

• The Buyer acquires ownership of the goods upon paying the entire purchase price.
• If the Buyer purchased goods, the Buyer undertakes to first read the terms of use and warranty conditions, which are always delivered together with the goods, prior to the first use.
• The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
• Out-of-court settlements arising from the Purchase Contract shall be addressed by the Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Internet address: www.coi.cz.
• The Seller is entitled to sell goods based on its trade licence. Trade inspections are carried by the relevant Small Business Office. Supervision over protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority within the specified range performs, inter alia, supervision over compliance with Act No. 634/1992, Coll., on Consumer Protection, as amended.
• The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

8. Personal Data Protection

• Protection of personal data of the Buyer who is a natural person is governed by Act No. 101/2000, Coll., on Personal Data Protection, as amended.
• The Buyer agrees to the processing of its personal data: name, residence address (or other shipping or billing or other address filled out in the Order), Company ID No., Tax ID No., e-mail address, telephone number, or any other data filled out by the Buyer in the order form (hereinafter collectively referred to as the “Personal Data”).
• The Buyer agrees to the processing of the Personal Data by the Seller for the purpose of exercise of the rights and obligations under the Purchase Contract and for the purpose of maintaining the user account. If the Buyer does not choose otherwise, it also consents to the processing of the Personal Data by the Seller for the purpose of sending commercial messages and information to the Buyer. The consent to the processing of the Personal Data in its entirety according to this article is not a requirement for conclusion of the Purchase Contract.
• The Buyer acknowledges that it is obligated to state (upon registration, in the user account, in the Order placed from the Online Store Web Interface) only correct and truthful data and that it is obliged to inform the Seller of their change without undue delay.
• The Seller may assign the processing of the Personal Data to a third party as the processor. In addition to persons transporting goods, the Personal Data shall not be provided to third parties without a prior consent of the Buyer.
• The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed electronically in an automated manner or in a printed form in a non-automated manner.
• The Buyer confirms that the Personal Data provided are accurate and that it had been advised that it provides them voluntarily.
• In the event that the Buyer suspects the Seller or the processor (Article 8) performs processing of its Personal Data in a way which inconsistent with the protection of the private and personal life of the Buyer or in violation of law, especially if the Personal Data are inaccurate for the purpose of processing, it may:
  • ask the Seller or the processor for explanation;
  • require that the Seller or the processor remedy the situation.
• If the Buyer requests information regarding the processing of its Personal Data, the Seller shall provide such information to the Buyer. The Seller shall have the right to require reasonable compensation for providing its Personal Data not exceeding the costs of providing the information.

9. Commercial Messages and Cookies

• The Buyer agrees to receive information related to the goods, services, or company of the Seller and its commercial communications to the Buyer’s E-mail Address.
• The Buyer agrees to save cookies on its computer. In the event that a purchase on the Website can be made and the rights and obligations fulfilled without saving cookies on the Buyer’s computer, the Buyer may revoke its consent under the previous sentence at any time.

10. Final Provisions

• Should the relationship related to use of the Purchase Contract contain an international (foreign) element, then the Parties agree that such a relationship shall be governed by Czech law. This shall not affect the rights of the Buyer resulting from generally binding legislation.
• If any of the provisions of the GTC are or become invalid or unenforceable, it shall be replaced by a provision which best meets the original meaning of the invalid or unenforceable provision. Invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions. All and any amendments and supplements to the Purchase Contract or the GTC must be in writing.
• The Purchase Contract, including the GTC, is archived by the Seller in electronic form and is not accessible.

In České Budějovice on December 31, 2021.