Terms and Conditions

INTRODUCTORY PROVISIONS

These general Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

The Seller is the company Rasta Koala Praha s.r.o., ID: 14433028, VAT ID: CZ14433028, with its registered office at: Karlova 150/42, Staré Město, 110 00 Praha, registered at the Municipal Court in Prague, contact details: info@rastakoala.com, +420 771 156 168 (hereinafter referred to as the "Seller").

These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Contract outside his or her business as a consumer or in the course of his or her business activities (hereinafter referred to as the "Buyer") through the web interface located on the website https://www.rastakoala.com/ (hereinafter referred to as "Online Store").

The provisions of the Terms and Conditions are an integral part of the Sales contract. Distinctive arrangements in the Sales contract take precedence over the provisions of these Terms and Conditions.

These Terms and Conditions and the Sales contract shall be concluded in the Czech language.

Information about goods and prices

Information about the goods, including the prices of individual goods and their main features, are listed in the Online Store catalog. Goods prices are quoted including value added tax, all related fees, and the cost of returning the goods if the goods cannot by their nature be returned by standard mail. The prices of the goods remain in effect for as long as they are displayed in the Online Store. This provision does not exclude the negotiation of a purchase contract under individually negotiated terms.

All presentations of the goods placed in the web interface of the Online Store are informative and the Seller is not obliged to conclude a sales agreement for these goods.

Information on the costs associated with the packaging and delivery of goods is quoted in the Online Store. Information on the costs associated with the packaging and delivery of goods listed in the Online Store is valid only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.

Any discounts on the purchase price of the goods cannot be combined together, unless the Seller agrees otherwise.

The goods listed on the rastakoala.com website do not exceed the statutory THC limit of 0.3 %.

Order and conclusion of the sales contract

The costs incurred by the Buyer when using distance means of communication in connection with the conclusion of the sales contract (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.

The Buyer carries out the order of the goods by filling out the order form.

When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.

Before the order is dispatched, the Buyer is allowed to check and modify the data he or she has placed in the order. The Buyer sends the order to the Seller by clicking on the Confirm order button. The data listed in the order are deemed correct by the Seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the Buyer that he or she has read these Terms and Conditions.

Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered upon ordering. This confirmation is considered to be the conclusion of the contract. Current terms and conditions of the Seller are attached to the confirmation. The sales contract is concluded by confirming the order by the Seller to the e-mail address of the Buyer.

If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer is considered as a new draft of the sales contract and the sales contract is in this case concluded by the Buyer’s confirmation of acceptance of this offer to the Seller to the Seller’s e-mail address specified in these Terms and Conditions.

All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notice of acceptance of the order by the Seller. The Buyer may cancel the order by phone or e-mail of the Seller specified in these terms and conditions.

In the event of an obvious technical error on the part of the Seller when the price of goods is placed in the Online Store or during the ordering, the Seller is not obliged to deliver the goods to the Buyer at such a manifestly erroneous price. The Seller will inform the Buyer of the error without undue delay and will send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the sales contract and in such a case the sales contract is concluded by a confirmation of acceptance by the Buyer to the e-mail address of the Seller.

Payment terms and delivery of goods

The price of the goods and any costs associated with the delivery of goods under the sales contract may be paid by the Buyer in the following ways:

- cashless transfer to the Seller’s bank account No 123-6989520207/0100

- cash on delivery or credit card payment upon receipt of the goods from the transport company.

Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Except as otherwise expressly provided herein, the purchase price and the costs associated with the delivery of goods are further understood.

In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price shall be payable within five business days of the conclusion of the sales contract.

In the case of payment through a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

The Seller shall not require advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not advance payment.

Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time the Seller is obliged to register the received revenue with the tax administrator online, in case of a technical outage, at the latest in 48 hours.

The "Twisto" Payment is provided by Twisto payments a.s., ID: 01615165, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File 19085, with its registered office in Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter referred to as “Twisto”) on the basis of the assignment of a claim for payment of the total purchase price with extended maturity to Twisto, under the conditions specified in the General Terms and Conditions for Customers of the “TWISTO” Service.

By choosing the Twisto service, the Buyer declares that he or she is non-certifiable and over the age of 18, and at the same time he or she is aware that the “Twisto” payment service is intended only for users who meet the stated requirements.

If the Buyer uses the "Twisto" service mediated by the Seller and provided by Twisto, the Buyer is obliged to pay the payment (i.e. the total purchase price and shipping costs) within 14 days of the date of dispatch of the goods or services.

The sales contract will be concluded by the completion of the order by the Buyer, the acceptance of the order by the Seller (written confirmation sent by e-mail) and by payment of the ordered goods or services by the Buyer or by using the "Twisto" service. The Buyer acknowledges that when using the "Twisto" service, this order is binding and does not serve as a reservation of goods or services.

The Buyer agrees that by choosing the Twisto service in the Seller’s shopping cart and after the subsequent approval of the application by Twisto, he or she accepts the General Terms and Conditions for Customers of the "TWISTO" Service.

The goods are delivered to the Buyer:

to the address specified by the Buyer in the order,

The choice of delivery method is made by the Buyer during ordering of goods.

The cost of delivering goods according to the way of dispatch and receipt of goods is stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed upon by a Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

If according to the sales contract, the Seller is required to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons of the Buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively, costs associated with another delivery method.

Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry, the Buyer is not required to take over the package.

The Seller shall issue an invoice which is attached to the delivered goods.

The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or when the Buyer is obliged to take over the goods, but does not do so in contravention of the sales contract.

Withdrawal from the sales contract

A Buyer who has concluded a sales contract outside his or her business as a consumer has the right to withdraw from the sales contract.

The withdrawal period from the sales contract shall be 14 days:

- from the date of receipt of the goods,
- 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,
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

The buyer cannot, inter alia, withdraw from the sales contract, for the following reasons:

the provision of services if they have been fulfilled with his or her prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer, before concluding the sales contract, that in this case he or she has no right to withdraw from the contract,
the supply of goods or services the price of which depends on financial market displacements, irrespective of the will of the Seller and which may occur during the withdrawal period,
the supply of alcoholic beverages which can only be delivered after thirty days and whose price depends on financial market displacements independent of the Seller's will,
on the supply of goods which has been adjusted according to the Buyer's wish or for him or her,
the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
the delivery of goods in closed packaging which the Buyer has removed from the packaging and for hygienic reasons it cannot be returned,
delivery of a sound or image recording or a computer program if it has broken its original packaging,
delivery of newspapers, periodicals or magazines,
delivery of digital content if it was not delivered on a physical carrier and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer that, in such a case, he or she has no right to withdraw from the contract,
in other cases referred to in Section 1837 of the Civil Code.

In order to comply with the withdrawal period, the buyer must submit a cancellation notice within the withdrawal period.

The Buyer who has withdrawn 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 of returning the goods to the seller, even if the goods cannot be returned by their normal postal route.

If the Buyer withdraws from the contract, the Seller shall return the funds immediately, but not later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received by him in the same manner. The Seller shall return the received money to the Buyer in a different manner only if the Buyer agrees and does not incur any additional costs.

If the Buyer chooses a different way other than the cheapest way of delivering the goods offered by the Seller, the Seller will refund the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.

If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer delivers the goods or proves that the goods have been dispatched to the Seller.

The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.

The Seller is entitled to withdraw from the sales contract due to the out-of-stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has ceased production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and return within 14 days of the notice of withdrawal of the sales contract all funds, including delivery costs, received by him under the Contract, in the same manner or in the manner specified by the Buyer.

Rights from defective performance

The Seller is liable to the Buyer that the goods are not defective upon takeover. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods:

the goods have properties that the parties have negotiated and, in the absence of an arrangement, have properties that the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising they make,
the goods fit the purpose for which the Seller indicates or to which the goods of this type are usually used,
the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
the goods are in the appropriate quantity, degree or weight and
the goods comply with legal requirements.

If a defect occurs within six months of receipt of the goods by the Buyer, the goods shall be presumed to have been defective at the time of acceptance. The Buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods caused by its normal use, for the used goods for a defect corresponding to the degree of wear or tear used by the goods upon takeover by the Buyer from the nature of the goods.

In the event of a defect, the Buyer may submit a claim to the Seller requesting:

replacement for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdraw from the contract.

The Buyer has the right to withdraw from the contract:

if the goods have a material defect,
if he or she cannot properly use the thing because of repeated defects or defects after repair,
with a greater number of defects in merchandise.

The Seller is obliged to accept a complaint at any establishment where the claim is accepted, possibly also at the registered office or place of business. The Seller is required to provide the Buyer with a written confirmation of when the Buyer has exercised the right, what is the content of the claim and how the claim is processed by the Buyer, as well as a confirmation of the date and manner of processing the claim, including the confirmation of the repair and its duration, rejection of the complaint.

The Seller or the Seller’s authorized representative shall decide on the claim immediately, in complex cases within three working days. This period does not include a period of time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days after the date of claim submission, unless the Seller and the Buyer agree for a longer period. The expiry of this period is considered as a material breach of the contract and the Buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the Buyer's Will (application of the right to defective performance) occurs to the Seller.

The Seller shall inform the Buyer in writing of the outcome of the claim.

The right of defective performance of the Buyer does not belong if the Buyer knew before the takeover of the item that the item had a defect or if the Buyer caused the defect himself or herself.

In the event of a legitimate claim, the Buyer has the right to reimbursement of the expensively incurred costs incurred in connection with the claim. This right may be claimed by Buyer from the Seller within one month after the expiration of the warranty period.

The Buyer has a choice of the method of complaint.

The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

Delivery

The Contracting Parties may communicate all written correspondence by electronic mail.

The Buyer delivers the Seller's correspondence to the email address given in these Terms and Conditions. The Seller delivers the correspondence to the Buyer at the email address listed in his or her customer account or in the order.

Out-of-court dispute resolution

The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the sales contract.

European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and on the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).

The Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection exercises, among other things, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.

Final Provisions

All agreements between the Seller and the Buyer under the law of the Czech Republic. If the relationship established by the sales agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.

The Seller is not bound by any codes of conduct in relation to the buyer in the sense of Section 1826 (1) e) of the Civil Code.

All rights to the Seller's website, in particular copyrights to the content, including page layouts, 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 any part thereof without the Seller's consent.

The Seller shall not be held responsible for any errors resulting from third-party interference with the Internet Store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that may allow them or third parties to tamper with or use the software or other components of the Internet Store and use the Internet Store or its parts or software equipment in a way that is inconsistent with its purpose or function.

The Buyer hereby takes on the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

The sales contract, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

The Seller may change or add the wording of the terms and conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous terms of business terms.

Information on the processing of personal data

As part of providing services to you, we process your personal data.

The administrator of your personal data (identity and contact details) is the company Rasta Koala s.r.o., Kaprova 42/14, Praha 1, 110 00, IČ: 03497895.

What personal data do we process?

Identification data: name, surname, contact address

Electronic contact details: e-mail address, (mobile) telephone number.

When using our website, certain information may be collected passively. These are mainly: the IP address, the type of browser and the type of operating system. We also use cookies and navigation data to collect information regarding the date and time of your visit.

How do we obtain your personal data?

We obtain personal data from you during the conclusion of sales contracts through electronic orders and during the registration of a customer account or registration in the loyalty program.

For what purposes do we process your personal data, on the basis of what legal title and for how long?

We process your personal data for the following purposes:

a) Performance of the contract, in particular the provision of services, on the basis of the legal title of performance of the contract, for the time necessary for its provision;

b) Promoting the sale and provision of services (marketing purposes), based on the legal title of a legitimate interest, for as long as our legitimate interest lasts;

c) Purposes set out in your consent to the processing of personal data on the basis of the legal title of the consent and for the period specified in the consent.

How do we process your personal data and how is it secured?

When processing your personal data, we have established procedures and mechanisms for their security and protection, in particular:

We always process your personal data for a clearly defined and above-mentioned purpose, by specified means, in a specified manner, and only for the time necessary for the purposes of their processing;
We process your personal data in a way that ensures the highest possible security of these data and which prevents any unauthorized access to your personal data;
In our company, we follow appropriate technical and administrative measures to ensure a level of security corresponding to all identified risks; all persons who come into contact with your personal data do so only in accordance with the purpose of processing and are obliged to observe confidentiality.

Who is the recipient of personal data?

Personal data processed for marketing purposes may be passed on to third parties who provide the distribution of marketing materials and the preparation of marketing events for us.

We may pass personal data to our professional advisors or auditors.

What are your rights?

You have the right to request access to your personal data, their correction or deletion, or restrictions on processing and to object to the processing, as well as the right to the portability of data.

You have the right to revoke the consent to the processing of personal data that you have provided at any time.

You have the right to file a complaint against our actions with the Office for Personal Data Protection.

In the event of the exercise of any of the above rights, we will inform you in writing without undue delay about the manner of processing your request.

If you decide to exercise any of the above rights, please send us a message to the e-mail address info@rastakoala.com or the postal address Rasta Koala s.r.o., Kaprova 42/14, Praha 1, 110 00. Please note that if you exercise your right, we must be sure of your identity, and therefore in some cases we may ask you to prove it.

The right to object to the processing of personal data

In addition to the above rights, you also have the right to object to the processing of your personal data. An objection can be raised when the legal basis for the processing of personal data is our legitimate interest. You can also raise an objection if we process your data for direct marketing purposes (based on the legal title of legitimate interest).

If you object to the processing, we will not further process your personal data until we have demonstrated compelling reasons for processing that outweigh your interests or rights and freedoms. If you object to processing for direct marketing purposes, we will stop processing your personal data for this purpose.

If you wish to obtain more detailed information or if you have any questions, comments or concerns about our procedures in the field of protection of your personal data, please contact us by e-mail at info@rastakoala.com.

These Terms and Conditions take effect on 1 January 2020.