1. Basic Provisions
1.1. The seller, NYYLO a.s., with its registered office at Předlická 475/20a, 400 01 Ústí nad Labem, ID No. 285 36 312, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section B 2767, (hereinafter referred to as the “seller”) issues these general terms and conditions (hereinafter referred to as the “terms and conditions”) in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
Contact details:
Email: info@nyylo.cz
Phone: +420 415 409 100
Website: nyylo.cz
1.2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “buyer”) through the web interface located on the website available at the internet address https://nyylo.cz/prodej-zbozi/ (hereinafter referred to as the “online store”).
1.3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
1.4. These terms and conditions and the purchase contract are concluded in the Czech language.

2. Information about Goods and Prices
2.1. Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store. The prices of goods are listed without value-added tax and including value-added tax, all related fees, and costs for returning the goods if the goods by their nature cannot be returned by regular postal means. The prices of goods remain valid for the period they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
2.2. All presentation of goods placed in the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
2.3. Information about costs associated with the packaging and delivery of goods is published in the online store. Information about costs associated with the packaging and delivery of goods stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. Any discounts on the purchase price of goods cannot be combined unless the seller and the buyer agree otherwise.

3. Order and Conclusion of Purchase Contract
3.1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself.
3.2. The buyer places an order for goods in the following ways:
3.2.1. through their customer account if they have previously registered in the online store,
3.2.2. by filling out the order form without registration.
3.3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
3.4. Before sending the order, the buyer is allowed to check and change the data he has entered into the order. The buyer sends the order to the seller by clicking the SEND INQUIRY button. The validity of the order is conditional upon completing all mandatory fields in the order form and confirming that the buyer has read these terms and conditions.
3.5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address the buyer provided when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The attachment of the confirmation is a link to the current terms and conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. The notification of acceptance of the order is delivered to the email address of the buyer. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address the buyer provided when placing the order. This confirmation is considered the conclusion of the contract. The attachment of the confirmation includes the current terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer’s email address.
3.6. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the confirmation of acceptance of the offer by the buyer to the seller’s email address stated in these terms and conditions.
3.7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller’s phone number or email specified in these terms and conditions.
3.8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirming the acceptance of the buyer to the seller’s email address.

4. Payment Terms and Delivery of Goods
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer cashlessly by transfer to the seller’s bank account No. 2102533712/2700, maintained with UniCredit Bank Czech Republic, a.s.
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
4.4. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.
4.5. The seller does not require any advance payment or other similar payment from the buyer in advance. The payment of the purchase price before sending the goods is not an advance payment.
4.6. The goods are delivered to the buyer after the relevant amount is credited to the seller’s bank account at the address specified by the buyer in the order.
4.7. The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer’s order and in the seller’s order confirmation. If the mode of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
4.8. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If for reasons on the buyer’s side it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
4.9. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without delay. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
4.10. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address.
4.11. The buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but no sooner than by taking over the goods.
4.12. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer had the obligation to take over the goods but did not do so contrary to the purchase contract.

5. Withdrawal from the Contract
5.1. The buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
5.2. The period for withdrawal from the contract is 14 days:
5.2.1. from the date of receipt of the goods,
5.2.2. from the date of receipt of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts,
5.2.3. from the date of receipt of the first delivery of goods if the subject of the contract is a regular repeated delivery of goods.
5.3. The buyer cannot, among other things, withdraw from the purchase contract:
5.3.1. for the provision of services if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
5.3.2. for the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the seller’s will and which may occur during the withdrawal period,
5.3.3. for the delivery of alcoholic beverages that can be delivered only after thirty days and their price depends on fluctuations in the financial market independently of the seller’s will,
5.3.4. for the delivery of goods that were modified according to the buyer’s wishes or for his person,
5.3.5. for the delivery of perishable goods as well as goods that were irreversibly mixed with other goods after delivery,
5.3.6. for the delivery of goods in a sealed package that the buyer removed from the package and for hygienic reasons cannot be returned,
5.3.7. for the delivery of audio or video recordings or computer programs if the original packaging was breached,
5.3.8. for the delivery of newspapers, periodicals, or magazines,
5.3.9. for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
5.3.10. in other cases mentioned in § 1837 of the Civil Code.
5.4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5.5. The buyer may use the sample form for withdrawal from the contract provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller’s email or delivery address specified in these terms and conditions. The seller will immediately confirm the receipt of the form to the buyer.
5.6. The buyer who withdrew from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by regular postal means.
5.7. If the buyer withdraws from the contract, the seller will return all funds received from the buyer without delay, no later than 14 days after the withdrawal from the contract, including delivery costs, in the same way. The seller will return the funds received to the buyer in another way only if the buyer agrees and if no additional costs are incurred.
5.8. If the buyer chose a different delivery method than the cheapest one offered by the seller, the seller will return the delivery costs corresponding to the cheapest offered delivery method.
5.9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.10. The goods must be returned by the buyer to the seller undamaged, unused, and uncontaminated, and if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
5.11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer, or supplier of goods has discontinued the production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all funds, including delivery costs, received from him under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same way or as determined by the buyer.

6. Rights from Defective Performance
6.1. The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
6.1.1. the goods have the properties that the parties have agreed upon, and if there is no such agreement, the goods have the properties that the seller or the manufacturer has described or that the buyer expected with regard to the nature of the goods and based on the advertising they have carried out,
6.1.2. the goods are suitable for the purpose that the seller indicates for their use or for which goods of this type are usually used,
6.1.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
6.1.4. the goods are in the appropriate quantity, measure, or weight, and
6.1.5. the goods comply with the requirements of legal regulations.
6.2. The obligations from defective performance of the seller have at least such an extent as the obligations from defective performance of the manufacturer. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
6.3. If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on the warranty for quality shall apply. By the warranty for quality, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period. If the buyer has rightly pointed out the defect of the goods to the seller, the period for exercising the rights from defective performance or the warranty period does not run for the time during which the buyer cannot use the defective goods.
6.4. The provisions mentioned in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the level of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods. The right from defective performance does not belong to the buyer if he knew before taking over the goods that the goods had a defect or if the buyer himself caused the defect.
6.5. In the event of a defect, the buyer may submit a complaint to the seller and request:
6.5.1. exchange for new goods,
6.5.2. repair of the goods,
6.5.3. a reasonable discount on the purchase price,
6.5.4. withdrawal from the contract.
6.6. The buyer has the right to withdraw from the contract if:
6.6.1. the goods have a substantial defect,
6.6.2. he cannot use the goods properly due to the recurrence of the defect or defects after repair,
6.6.3. a greater number of defects of the goods occur simultaneously.
6.7. A substantial breach of the contract is one that the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.
6.8. For a defect that means a minor breach of the contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or to receive a reasonable discount on the purchase price.
6.9. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to apply the requirement for a discount on the purchase price, exchange of goods, or withdrawal from the contract.
6.10. When making a complaint, the buyer is obliged to inform the seller of which right he has chosen. The change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that proves to be irremovable. If the buyer does not choose his right from a substantial breach of the contract in time, he has the same rights as in a minor breach of the contract.
6.11. If repair or exchange of goods is not possible, the buyer can request a refund of the purchase price in full by withdrawing from the contract.
6.12. If the seller proves that the buyer knew about the defect of the goods before taking them over or caused the defect himself, the seller is not obliged to meet the buyer’s claim.
6.13. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.
6.14. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, what the complaint is about, and what manner of handling the buyer requires, as well as a confirmation of the date and manner of handling the complaint, including confirmation of the repair and the duration thereof, or a written justification for rejecting the complaint.
6.15. The seller or an authorized employee decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for professional assessment of the defect. Complaints, including the removal of the defect, must be handled immediately, no later than 30 days from the date of the complaint unless the seller agrees with the buyer on a longer period. The futile expiration of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of making a complaint is considered the moment when the buyer’s will (exercise of the right from defective performance) reaches the seller.
6.16. The seller informs the buyer in writing about the result of the complaint.
6.17. The buyer does not have the right from defective performance if he knew before taking over the goods that the goods had a defect or if he himself caused the defect.
6.18. In the event of a justified complaint, the buyer has the right to compensation for the expenses reasonably incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise, the court may not grant it.
6.19. The buyer has the right to choose the manner of complaint handling.
6.20. The rights and obligations of the contractual parties regarding the rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
6.21. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.

7. Delivery
7.1. The contracting parties may deliver all written correspondence to each other by electronic mail.
7.2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

8. Personal Data
8.1. All information provided by the buyer to the seller during their cooperation is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer’s data in any way other than for the performance under the contract, except for the email address to which commercial communications may be sent, as this procedure is permitted by law, unless explicitly refused. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, email, or clicking on a link in a commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
8.2. More detailed information about the protection of personal data can be found in the Privacy Policy HERE.

9. Out-of-court Dispute Resolution
9.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the 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 from the purchase contract.
9.2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to 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 consumer ODR).
9.3. The seller is authorized to sell goods based on a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, to a defined extent, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

10. Final Provisions
10.1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
10.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
10.3. All rights to the seller’s website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or its part without the consent of the seller.
10.4. The seller is not responsible for errors caused by third-party interventions in the online store or its use contrary to its intended use. The buyer must not use procedures that could negatively affect its operation and must not engage in any activity that could allow him or third parties to unlawfully interfere with or use the software or other components forming the online store and use the online store or its parts or software in a way that would be contrary to its intended use or purpose.
10.5. The buyer assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
10.6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
10.8. The appendix to the terms and conditions is a sample form for withdrawal from the contract.
10.9. These terms and conditions take effect on January 1, 2022.