Terms and Conditions
1 General Terms and Conditions of Minuko.com
1.1. The General Terms and Conditions regulate the rights and obligations of contractual parties in the sale of goods by the Seller to its business partners and customers through the website of the online store operated by the Seller under the domain www.minuko.com
1.2. These General Terms and Conditions are an integral part of the Purchase Agreement concluded between the Seller and Buyers through an online shop website, governing the mutual rights and obligations of the contractual parties of the Purchase Agreement.
2. Definitions
2.1. Business Information of the seller:
Kateřina Galíčková, VAT identification number: 17346916, registered in Zlin, Czech republic, Email: minukoart@gmail.com
2.2. Online Store: Server at www.minuko.com through which the Seller sells Goods.
2.1. Goods: Movable property offered for purchase in the Online Store, including services associated with the production of this property, and presented in the Online Store with a name, parameters, and illustrated by a representative photograph.
2.3. Buyer: Legal or natural person purchasing Goods from the Seller.
2.4. Consumer: A person not engaged in business or a natural person engaged in business who, outside the scope of their business activities or independent professional activity, purchases Goods.
2.5. Purchase Agreement: Agreement concluded between the Seller and the Buyer or the Seller and the Consumer through the Online Store, the subject of which is the delivery of Goods for the Purchase Price. The Purchase Agreement, its formation, validity, and consequences of invalidity, as well as all obligations arising from the Purchase Agreement, are governed by Czech law, especially the provisions of Act No. 89/2012 Coll., the Civil Code, as amended ("The new Civil Code"). The Purchase Agreement is concluded in Czech republic.
2.6. Purchase Price: The monetary amount expressed in Euros, which is consideration for the delivery of Goods. The Purchase Price consists of the price listed in the Online Store offer for the Goods, both excluding and including VAT, at the time of concluding the Purchase Agreement. The second component of the Purchase Price is the costs of sending the Goods expressed as a lump sum. In the Purchase Agreement, the Buyer or the Consumer undertakes to pay this Purchase Price to the Seller.
2.7. Destination: The place designated by the Buyer or the Consumer when concluding the Purchase Agreement as the location to which the Goods are to be sent by the Seller. It is specified by the following details: the name of the municipality; the name of the territorial administrative unit (district, region), if necessary for the specification of the municipality; the name of the street; house number or registration number, if assigned; postal code; name of the country.
3. Purchase agreements
3.1. All presentations of goods placed on the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement for this goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by its nature, the goods cannot be returned by regular mail. The prices of goods are stated, including value-added tax and all related fees. The prices of goods remain valid as long as they are displayed on the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also includes information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods listed on the web interface of the store applies only in cases.
3.4. To order goods, the buyer fills out the order form on the web interface of the store. The order form includes, in particular, information about:
3.4.1. the ordered goods (the buyer "places" the ordered goods in the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (collectively referred to as the "order").
3.5. Before submitting the order to the seller, the buyer is allowed to check and change the data entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "Complete Order" button. The data provided in the order are considered correct by the seller. Immediately upon receiving the order, the seller confirms this receipt to the buyer by email to the buyer's email address specified in the user account or in the order ("buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (e.g., in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance) sent by the seller to the buyer by email to the buyer's email address.
3.8. The buyer agrees to the use of means of distance communication when concluding a purchase agreement. The costs incurred by the buyer in using means of distance communication in connection with the conclusion of a purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
3.9. Access to product reviews by other consumers is provided on the e-shop. The authenticity of these reviews is ensured by linking reviews to specific orders, making it impossible to evaluate goods without placing an order. This way, we can verify and demonstrate that reviews come from real consumers.
4. Purchase Price and Payment Terms
4.1. The prices of Goods are stated in Euros (€) and include all costs associated with order fulfillment. The listed prices include any applicable discounts and correspond to the Seller's production costs based on the information provided in the order. The listed prices do not include additional costs for non-standard options, such as surcharges for specifying delivery hours, surcharges for sending to multiple addresses simultaneously, etc.
4.2. The Buyer or Consumer undertakes to pay the agreed Purchase Price to the Seller by one of the following methods: Using the integrated payment system available on the Online Store
4.3. The Buyer or Consumer agrees to receive invoices exclusively in electronic form. The Buyer or Consumer with a customer account on the Online Store also has the option to subscribe to invoices in electronic form on their customer account in the "Order History" tab.
4.4. The Seller is not responsible for delays resulting from the delayed transmission of data through the integrated payment system. Simultaneously, the Seller is not responsible for errors related to the operation of the integrated payment system if, due to errors, the Purchase Agreement was not concluded.
5 Graphic Files
5.1. Graphic files must comply with technical parameters specified on the respective page for the specific type of Goods.
5.2. The Seller is not responsible for any infringement of copyright or the content of materials submitted by the Buyer or Consumer. However, the Seller reserves the right to refuse to fulfill an order if its subject contradicts legal norms and/or violates societal standards.
5.3. The Seller is not responsible for factual or spelling errors contained in the graphic project.
5.4. Graphic files and Goods produced from them must not (i) violate legal provisions, particularly must not have a racist, xenophobic, sexist, or unconstitutional character; glorify violence or otherwise oppose good morals or pursue such goals; (ii) violate the rights of third parties, especially copyright; and (iii) lead to a violation of these rights by placing an order.
5.5. In the event of a violation of the rights of third parties resulting from placing an order, the Buyer or Consumer undertakes to make every effort to release the Seller from any claims for damages arising from such infringement, if such claims are made against the Seller, including the reimbursement of legal costs in a documented amount. This provision does not affect the Seller's right to terminate the contract under point 11.3.
5.6. In case of a discrepancy between the data submitted by the Buyer or Consumer and the instructions placed on the pages of the Online Store, the Buyer or Consumer will be promptly informed of this fact, which is equivalent to conditional or negative verification of graphic files.
5.7. The Seller is not responsible for delays in order fulfillment caused by the non-delivery of correct graphic files by the Buyer or Consumer.
5.8. All data sent to the Seller is archived for an indefinite period. An exception is made for graphic files of the Buyer or Consumer, which are deleted after 3 (three) months from their last use in an order.
6. Delivery of Goods
6.1. The Seller undertakes to deliver the Goods to the Buyer or Consumer in accordance with the Purchase Agreement. The Seller ensures the dispatch of the Goods in accordance with the Purchase Agreement through a Courier Service.
6.2. The Buyer or Consumer is obliged to accept the Goods unless these General Terms and Conditions state otherwise.
6.3. The Buyer or Consumer is required to designate the Place of Destination in the order form. Changing the Place of Destination after the conclusion of the Purchase Agreement is possible only after agreement with the Seller. All costs related to the transport of the Goods to the Place of Destination are covered by the Buyer or Consumer with a flat fee, which is part of the Purchase Price, according to the price list stated on the Online Store's website.
6.4. By signing the delivery note upon receiving the Goods, the Buyer or Consumer confirms that the shipment has been received in good condition and undamaged, without any apparent defects. In the case of obvious external damage to the package or related potential damage to the content caused by transportation, the Buyer or Consumer is obliged to report the damage to the carrier immediately and is entitled to refuse the acceptance of the damaged shipment. All objections must be stated in the carrier's transport document and promptly communicated to the Seller by email. If this obligation is not fulfilled, it is considered that the transport of the Goods was in accordance with the delivery conditions agreed upon in the Purchase Agreement.
6.5. In the event that the discrepancy of the shipment with the order is that a smaller quantity of Goods is delivered, the Buyer or Consumer is not entitled to refuse the acceptance of the shipment. In this case, the Seller is obliged to deliver the missing Goods to the Buyer or Consumer without undue delay after the quantity defect has been reported and requested on minukoart@gmail.com. If it is not possible to deliver the rest of the Goods to the Buyer or Consumer in a reasonable time, or if the Buyer or Consumer is not interested in the delivery of the remaining Goods, the Buyer or Consumer, as well as the Seller, is entitled to withdraw from the Purchase Agreement regarding the part of the Goods that was not delivered.
6.6. If the Buyer or Consumer refused to accept a shipment containing the Goods without any of the reasons stated above, the Seller is entitled to resend the Goods to the Buyer or Consumer, with the understanding that the Buyer or Consumer is obliged to reimburse the Seller for all costs incurred in connection with the re-sending. These costs must be paid by the Buyer or Consumer to the Seller upon receipt of the Goods.
7. Delivery Time
7.1. The delivery time is specified separately for each item and is stated on the Online Store's website. The Buyer or Consumer is obligated to familiarize themselves with the delivery schedules. The Seller undertakes to make the maximum effort to ensure that the order is processed and dispatched within the specified time frame. The Seller acknowledges the possibility of delayed order processing due to reasons beyond the Seller's control, including but not limited to force majeure, interruptions in electricity supply, internet connection, malfunction of the Seller's machinery, and others. In the event of a delay in order processing caused by these reasons beyond the Seller's control, the Seller is not liable to the Buyer or Consumer for any damage caused by the delay in the delivery of the Goods.
7.2. The delivery time includes the period from the conclusion of the Purchase Agreement until the moment of dispatching the Goods to the Buyer or Consumer, i.e., handing it over to the Courier Service for transportation to the Place of Destination. Goods are dispatched only on business days.
8 Liability for Defects
8.1. The rights and obligations of the Seller and the Buyer or Consumer regarding the Seller's liability for defects in the Goods are governed by the relevant provisions of the Civil Code.
8.2. The Buyer or Consumer is obliged to inspect the Goods upon receipt.
8.3. In cases where the Consumer is a party to the Purchase Agreement, the Seller guarantees that the Goods comply with the Purchase Agreement, especially that (i) they are free of defects at the time the Consumer took over the Goods; (ii) they have properties agreed upon by the parties, and in the absence of an agreement, they have properties described by the Seller or expected by the Consumer based on the nature of the Goods and the advertisement of the Goods; (iii) the Goods are produced in the appropriate quantity in accordance with the Purchase Agreement.
8.4. If the Goods do not have the above-mentioned properties, the Consumer may also demand the delivery of new defect-free Goods if it is not unreasonable due to the nature of the defect; however, if the defect concerns only a part of the item, the Consumer may request only the replacement of the part. If this is not possible, the Consumer may withdraw from the Purchase Agreement. However, if it is disproportionate due to the nature of the defect, especially if the defect can be rectified without undue delay, the Consumer has the right to free defect rectification. The Consumer also has the right to delivery of new goods or replacement of a part in the case of a remediable defect if the Consumer cannot properly use the Goods due to the repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the Consumer also has the right to withdraw from the Purchase Agreement.
8.5. If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to the delivery of new defect-free Goods, the replacement of its part, or the repair of the Goods, it may request a reasonable discount. The Consumer has the right to a reasonable discount even if the Seller cannot deliver new defect-free Goods, replace its part and/or repair the Goods, as well as if the Seller does not remedy the defect within a reasonable period or if rectifying the defect would cause significant difficulties for the Consumer.
8.6. The Consumer is not entitled to claim defective performance if the Consumer knew that the Goods were defective before taking over the Goods and/or if the Consumer caused the defect in the Goods.
8.7. Further rights and obligations of the parties related to the Seller's liability for defects are regulated by Article 13 of these Terms and Conditions.
9. Complaints and Refunds
9.1. A prerequisite for accepting a complaint and a refund is to send an email to the address minukoart@gmail.com . The complaint notification/refund request must include the order number, a description of the identified discrepancies, and the scope of the complaint.
9.2. The final deadline for filing complaints expires on the 14th (fourteenth) working day from the day the Buyer receives the shipment; for Consumers, the deadlines specified in Articles 12.3 to 12.8 of these Terms and Conditions apply.
9.3. The Seller undertakes to process the complaint within 3 (three) working days from the date of its notification. The above-mentioned deadline is a limit for providing a response that forms the basis for further complaint proceedings. To conclude the complaint procedure, the Buyer or Consumer may be asked to send part or all of the Goods from the completed order.
9.4. Complaints related to the quality of courier shipments will be examined based on the damage report made together with the courier when receiving the Goods shipment. Missing damage reports may be grounds for rejecting complaints by the Seller.
9.5. The maximum amount of compensation for damage caused by a defect in the Goods cannot exceed 100% of the value of the ordered type of Goods, not 100% of the Purchase Price.
10. Additional rights and obligations of the contracting parties
10.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
10.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 letter e) of the Civil Code.
10.3. The resolution of consumer complaints is ensured by the Seller through the electronic address. Information about the handling of the Buyer's complaint will be sent by the Seller to the Buyer's electronic address.
10.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from a purchase contract.
10.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
10.6. The Seller is authorized to sell goods based on a trade license. The relevant trade licensing authority carries out trade inspections within the scope of its competence. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority, within the defined scope, among other things, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
10.7. The Buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
11 Data protection
11.1. The Seller fulfills its information obligation towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the Seller's public law obligations through a special document.
12. Sending commercial communications and storing cookies
12.1. The Buyer agrees to receive information related to goods, services, or the Seller's business at the Buyer's email address and also consents to receive commercial communications from the Seller at the Buyer's email address. The Seller fulfills its informational obligations to the Buyer in accordance with Article 13 of the GDPR, related to the processing of the Buyer's personal data for the purpose of sending commercial communications, through a separate document.
12.2. The Buyer agrees to the storage of so-called "cookies" on their computer. If it is possible to complete a purchase on the website and fulfill the Seller's obligations under the purchase contract without storing "cookies" on the Buyer's computer, the Buyer can withdraw consent to the storage of "cookies" on their computer at any time.
13 Withdrawal from the purchase agreement
13.1. The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase agreement for the supply of goods that have been adjusted according to the Buyer's wishes or for their person, from the purchase agreement for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods, from the purchase agreement for the supply of goods in sealed packaging that the consumer has taken out of the packaging and, for hygienic reasons, cannot be returned, and from the purchase agreement for the supply of sound or visual recordings or computer programs if their original packaging has been breached.
13.2. If it is not a case stated in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right, in accordance with the provisions of § 1829 para. 1 of the Civil Code, to withdraw from the purchase agreement within fourteen (14) days of receiving the goods, and in the case of several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the previous sentence. The buyer can use the withdrawal from the purchase agreement model form provided by the seller, which is an annex to the terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the seller's address or to the seller's email address minukoart@gmail.com.
13.3. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
13.4. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase agreement by the buyer, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon the return of the goods by the buyer or in another way, provided that the buyer agrees and incurs no additional costs. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the funds received from the buyer until the buyer returns the goods or proves that the goods have been sent to the seller.
13.5. The seller is entitled to unilaterally set off the claim for damages to the goods against the buyer's claim for a refund of the purchase price.
13.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 para. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are taken over by the buyer. In such a case, the seller will refund the purchase price to the buyer without undue delay, by non-cash transfer to the account specified by the buyer.
13.7. If a gift is provided to the buyer together with the goods, a gift contract between the seller and the buyer is concluded with a dissolution condition that, if the buyer withdraws from the purchase agreement, the gift contract loses its effect regarding such a gift, and the buyer is obliged to return the provided gift to the seller together with the goods.