Terms and Conditions

1. Umarutti s.r.o.. 3999 For the sale of goods via an online store located on the Internet address arete.tools
2. Initial provision
   • These Terms and Conditions (hereinafter referred to as'Terms and Conditions“) Trading companies Umarutti s.r.o., with its registered office at Kozi 916/5, 110 00 Prague 1, Czech Republic, identification number: 41690885 registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 3999 (hereinafter referred to as'seller") They regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as'Civil Code”) Mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as“purchase contract”) Closed between the seller and another natural person (hereinafter referred to as“buyer“) Through the seller's online store. The online store is operated by the Seller on the website located on the Internet address www.arete.tools (hereinafter referred to as “Website”), Through the website interface (hereinafter referred to as“the web interface of the shop“).
   • The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who acts in ordering goods in his business or in his independent profession.
   • The provisions deviating from the Terms and Conditions can be arranged in the Purchase Agreement. Dispired arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
   • The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are made in Czech. The purchase contract can be concluded in Czech.
   • The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.
3. USER ACCOUNT
   • Based on the buyer's registration made on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account“). If the web interface of the shop allows, the buyer can order goods also without registration directly from the web interface of the shop.
   • When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the information given in the user account when any change. The data given by the buyer in the user account and when ordering the goods are considered correct by the seller.
   • Access to the user account is secured with a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
   • The buyer is not entitled to allow the use of the user account to third parties.
   • The Seller may cancel the user account, especially if the buyer has not used his user account for more than 1 year, or if the buyer breaches his obligations under the purchase contract (including the Terms and Conditions).
   • The Buyer acknowledges that the user account does not have to be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or. Necessary maintenance of third -party hardware and software.
4. The conclusion of the purchase contract
   • All presentations of the goods located in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
   • The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, Prices of goods remain valid as they are displayed in the web interface of the shop. Prices This provision is not limited by the Seller's possibility to conclude a purchase contract under individually agreed conditions.
   • The web interface of the shop also includes information about the costs associated with packaging and delivery of the goods, and about the way and time of delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic. If the seller offers free shipping goods, the prerequisite for the right to free transport of goods on the part of the Buyer is to pay the minimum total purchase price of the transported goods in the amount set out in the web interface of the shop. In the case of partial withdrawal from the purchase contract by the buyer and the total purchase price of goods, which did not withdraw from the contract by the buyer, does The buyer is obliged to pay the goods to the seller free of charge and the buyer is obliged.
   • To order the goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
     • Ordered goods (ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
     • method of payment of the purchase price of goods, data on the required method of delivery of the ordered goods and
     • Information on the costs associated with the delivery of goods (hereinafter referred to as “order“).
   • Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer has invested in the order, also with regard to the buyer's possibility to determine and correct errors incurred when entering data into the order. The buyer sends the order to the seller by clicking the "Pay" or "Order" button. The information specified in the order they are considered the seller to be correct. The seller immediately after receiving the order will confirm this receipt to the buyer (hereinafter "Buyer's electronic address“).
   • Depending on the nature of the order (quantity of goods, the amount of the purchase price, the expected shipping costs), the seller is always entitled to ask the buyer for an additional order confirmation (for example in writing or by telephone).
   • The contractual relationship between the seller and the buyer arises by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e -mail, to the address of the Buyer's e -mail.
   • The buyer agrees to the use of means of remote communication when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, telephone call costs) are paid by the buyer himself, and these costs do not differ from the basic rate.
5. Price of goods and payment terms
   • The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
   • cash in the seller's premises at Kozi 916/5, 110 00 Prague 1;
   • by bank transfer to the Seller's account No. 232686515/0300, kept by the Czechoslovak Commercial Bank, as (hereinafter referred to as “Seller's account“);
   • in cash or credit card for personal collection in the dispensing of shipments;
   • Together with the purchase price, the buyer is obliged to pay the seller the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
   • If the Seller does not require the advance, it is not affected by the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
   • In the case of cash payment, cash on delivery or shipment dispenser, the purchase price is due at receipt of the goods. In the case of cashless payment, the purchase price is payable within 1 days of the conclusion of the purchase contract.
   • In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is met at the moment of crediting the relevant amount to the seller's account.
   • The Seller is entitled, especially if the Buyer does not additionally confirm the order (Article 6), require the payment of the entire purchase price before sending the goods to the buyer. Section 2119 (1) of the Civil Code shall not apply.
   • Any discounts on the price of goods provided by the Seller cannot be combined with each other.
   • If it is usual in the trade or if it are so stipulated by generally binding legal regulations, the Seller shall issue a tax document-an invoice on the buyer on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - the invoice shall be issued by the seller to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's email address.
6. Withdrawal from the purchase contract
• The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement on the supply:
• The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement on the supply:
• Unless it is the case referred to in Art. 1 The Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) and (2) of the Civil Code, in accordance with the provisions of Section 1829 (1) and (2) of the Civil Code. or by the third party different from the carrier we take goods or:
• the last piece of goods, if the buyer orders several pieces of goods that are delivered separately, within one order
• the last item or part of the delivery of goods consisting of several items or parts, or
• The first delivery of the goods, if a regular delivery of the goods is agreed in the contract for the agreed period.
• Withdrawal from the Purchase Agreement must be sent to the Seller within the period referred to in Article 2 of the Terms and Conditions for withdrawal from the Purchase Agreement, the buyer can use the sample form provided by the seller, which is annexed to the Terms and Conditions. Withdrawal from the Purchase Agreement can send, inter alia, to the address of the seller's premises or to the e -mail address of the Seller 916/5, 110 00 Prague 1.
• In the event of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The Buyer shall send or hand over to the Seller back without undue delay, no later than fourteen (14) days of withdrawal, unless the seller offered him to pick up the goods himself. The deadline according to the previous sentence is maintained if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller, even when the goods cannot be returned for its nature by the usual post.
• In case of withdrawal from the purchase contract pursuant to Art. 2 The Terms and Conditions shall return the Seller funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer in the same way as the seller received them from the buyer. The Seller is also entitled to return the fulfillment provided to the Buyer already when returning the goods by the Buyer or in any other way, if the Buyer agrees and does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the seller receives the goods, or before the buyer proves that he sent the goods back, depending on what happens earlier.
• The Seller is entitled to set off unilaterally against the buyer's claim for the purchase price.
• In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer is taken over by the Buyer. In this case, the Seller shall return the purchase price to the buyer without undue delay, by cashless to the account specified by the buyer.
• If a gift is provided to the Buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the withdrawal from the Purchase Agreement is withdrawn, the gift contract is lost on such a gift of effect and the buyer is obliged to return with the seller and return gift provided.

7. Shipment and delivery of goods
   • In the event that the method of transport is agreed on the basis of a special requirement of the buyer, the buyer shall bear risk and any additional costs associated with this way of transport.
   • If the seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery.
   • In the case of reasons on the part of the buyer it is necessary to deliver the goods repeatedly or otherwise other than in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. the costs associated with a different way of delivery.
   • 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 case of any defects to notify the carrier immediately. In the case of finding a breach of the packaging, indicating the unauthorized intrusion into the consignment, the buyer does not have to take over the shipment from the carrier. The Buyer's rights from liability for defects of goods and other rights of the Buyer resulting from generally binding legal regulations are not affected.
   • Other rights and obligations of the parties in the transport of goods may regulate the special delivery conditions of the seller, if they are issued by the seller.
8. The rights of defective performance
   • The rights and obligations of the parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll. as amended).
   • If the subject of purchase is a material movable thing that is connected to digital content or digital content service in such a way that it could not fulfill its functions without them (hereinafter referred to as'thing with digital properties“), The provisions of liability for the seller defects shall also apply to the provision of digital content or the digital content service, even if it is provided by a third party. This does not apply if the content of the purchase contract is apparent that they are provided separately.
   • The seller corresponds to the buyer that the item has no defects on receipt. In particular, the seller corresponds to the buyer that the thing:
     • It corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
     • is suitable for the purpose for which the buyer requires it and with which the seller agreed, and
     • It is delivered with the agreed accessories and instructions for use, including the installation or installation instructions.
   • The seller responds to the buyer that in addition to the agreed properties:
     • is a thing suitable for the purpose for which the matter of this kind is usually used, even with regard to the rights of third parties, legislation, technical standards or the codes of behavior of the industry, unless technical standards,
     • The matter by the amount, quality and other qualities, including lifetime, functionality, compatibility and security, corresponds to the usual qualities of things of the same kind that the buyer can reasonably expect, even with regard to public statements made by the seller or other person in the same contractual chain, especially advertising or designation, Unless the seller proves that he was not aware of it or that at the time of the conclusion of the purchase contract was regulated at least in a comparable manner in which it was made, or that the decision on purchase could not have influence,
     • is a thing supplied with accessories, including packaging, mounting instructions and other instructions for use that the buyer can reasonably expect, and
     • The item corresponds to the quality or design of the sample or the artwork that the seller provided to the Buyer before the conclusion of the purchase contract.
   • Article Art. 4 The Terms and Conditions shall not apply if the Seller of the Buyer particularly pointed out that some property of the case differs and the buyer explicitly agreed to conclude the purchase contract.
   • The Seller also liables to the Buyer for the defect caused by incorrect installation or installation, which was made according to the purchase contract by the seller or for his liability. This also applies if the installation or installation was carried out by the buyer and the defect occurred as a result of the lack of the instructions provided by the seller or digital content or digital content provider in the case of digital properties.
   • If the defect occurs within one year of receipt, it is considered that the thing was defective when it was taken over, unless it was the nature of the thing or the defect. This period does not run for a period of time for which the buyer cannot use the item, if he criticized the defect.
   • If the subject of purchase is an item with digital properties, the Seller will ensure that the agreed digital content or digital content updates will be provided to the buyer. In addition to the agreed updates, the Seller will ensure that the Buyers will be provided updates that are necessary for the item after receipt to retain the properties under Art. 3 and Art. 7.4 of the Terms and Conditions and that they will be notified of their availability
     • For two years, if digital content or digital content service is to be provided consistently for a certain period of time, and if the provision is agreed for longer two years, for the whole time,
     • during which the buyer can reasonably be expected if, according to the purchase contract, the digital content or digital content service are to be provided in a one-off; This is assessed according to the type and purpose of the matter, the nature of the digital content or the service of the digital content and, taking into account the circumstances in the conclusion of the purchase contract and the nature of the obligation.
   • Article Art. 8 The Terms and Conditions do not apply if the Seller of the Buyer particularly warned that the update would not be provided and the buyer explicitly agreed to the purchase contract.
   • If the buyer did not update within a reasonable time, he has no rights from a defect that arose only as a result of an unlearned update. This does not apply if the buyer has not been warned of the update or the consequences of its failure to perform or the update did not perform or imposed it incorrectly as a result of the lack of the instructions. If digital content or digital content service are to be provided consistently for a certain period of time and if a defect occurs under Art. 8.1 and Art. 7.8.2 Terms and Conditions, the digital content or digital content service is believed to be provided defective.
   • The buyer may criticize the defect that will affect the things at two years after receipt. If the subject of purchase is a thing with digital properties and if the purchase contract is to be digital content or digital content service for a certain period of time, the buyer may criticize a defect that occurs or manifests on them two years after receipt. If it is to be fulfilled for a longer period of two years, the buyer has the right of defect that occurs or manifests at this time. If the buyer reproached the Seller the defect rightly, the time for the defect of the defect does not run for the period during which the buyer cannot use the thing.
   • If the item has a defect, the buyer may require its removal. According to his choice, the delivery of a new item without a defect or repair of the thing may be required, unless the selected method of removal of the defect is impossible or compared to the other inconsistently expensive; This will be assessed in particular with regard to the importance of defects, the value that the thing would have without defects, and whether the other way the defect can be removed without considerable difficulties for the buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of defects and the value that the thing would have without a defect.
   • The Seller shall remove the defect within a reasonable time after its complaint so that it does not cause considerable difficulties to the buyer, taking into account the nature of the thing and the purpose for which the buyer bought the item. To eliminate the defect, the seller will take over the item at his own expense. If the dismantling of a thing whose assembly was carried out in accordance with the nature and purpose of the thing before the defect was reflected, the seller will dismantle defective things and install repaired or new things or pay the costs United.
   • The Buyer may require a reasonable discount or withdraw from the Purchase Agreement if:
     • The seller refused to remove the defect or did not remove it in accordance with Art. 13 business conditions,
     • the defect will show repeatedly,
     • is a defect in a substantial violation of the purchase contract, or
     • It is obvious from the Seller's statement or by circumstances that the defect will not be removed within a reasonable time or without considerable difficulties for the buyer.
   • If the defect is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Art. 14 Terms and Conditions); It is believed that the defect is not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller shall return the purchase price to the Buyer without undue delay after receiving the item or what the buyer proves that he has sent the item.
   • The defect can be criticized for the seller where the thing was bought. However, if another person who is closer to the seller or at the point for the buyer is for the repair, the buyer criticizes the defect to the one who is intended for repair.
   • With the exception of cases where another person is designated for repair, the Seller is obliged to accept a claim at any establishment in which the acceptance of the complaint is possible with regard to the range of products or services provided, or at its registered office. The Seller is obliged to issue a written confirmation to the Buyer in which the Buyer applies the complaint, what is its content, what method of handling the complaint the buyer requires and the buyer's contact details for the purpose of providing information on the complaint. This obligation also applies to other persons intended for repair.
   • The complaint, including the removal of the defect, must be settled and the buyer must be informed of this no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree for a longer period. If there is a obligation to provide digital content, including digital content supplied on a material carrier or digital content services, the complaint must be settled within a reasonable time taking into account the nature of digital content or digital content and for the purpose for which the buyer required them.
   • After the futile expiry of the deadline pursuant to Art. 18 The Terms and Conditions may withdraw from the Purchase Agreement or require a reasonable discount.
   • The Seller is obliged to issue to the Buyer a confirmation of the date and method of handling the complaint, including the confirmation of repair, and its duration, or a written justification of the rejection of the complaint. This obligation also applies to other persons intended for repair.
   • Rights from liability for defects of goods can specifically exercise in person at Kozí 916/5, 110 00 Prague 1, by phone at +420 734 770 000 or e -mail at the address orders@arete.tools .
   • Those who have the right of defective performance are also compensated by the costs effectively incurred in exercising this right. However, if the Buyer does not entitlement the right to compensation within one month after the deadline of the defect, the court shall not admit the right if the seller argues that the right to compensation was not exercised in time.
   • Other rights and obligations of parties related to the seller's liability for defects may be regulated by the Seller's Complaints Procedure.
   • The seller or other person may also provide the Buyer, beyond his legal rights from defective performance, also a quality guarantee.
9. Other rights and obligations of contracting parties
   • The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
   • In relation to the buyer, the seller is not bound by any codes of behavior within the meaning of § 1820 para. n) of the Civil Code.
   • Consumer complaints are handled by the seller through e -mail. Complaints can be sent to the seller's electronic address. The Seller shall send information on the processing of the Buyer's complaint to the Buyer's email address. Other rules of handling complaints are not determined by the seller.
   • The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. http://ec.europa.eu/consumers/odr is possible Use to resolve disputes between the seller and the buyer of the purchase contract.
   • The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.ev Europeanspotrebitel.cz is a contact point according to the European Parliament and of the Council (EU) No 524/2013 of 21 . May 2013 on the address of consumer disputes on-line and amendment to Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Disputes on-Line).
   • The buyer may contact a complaint to the supervisory or state supervision authority. The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within its competence by the competent trade licensing office. The Personal Data Protection Office is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, inter alia, to comply with the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended.
   • The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
10. PROTECTION OF PERSONAL DATA
    • Its information obligation to the Buyer within the meaning of Article 13 of the Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals in connection with the processing of personal data and on the free movement of such data and canceling Directive 95/46/EC (General Personal Data Regulation) ( hereinafter "GDPR“) Related to the processing of the Buyer's personal data for the purpose of performing the purchase contract, for the purposes of negotiations on the purchase contract and for the purpose of fulfilling the public service obligations of the seller, the Seller fulfills through a special document.
11. Sending commercial communications and storage of cookies
    • The Buyer agrees within the meaning of Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, with the sending of commercial communications by the Seller to the email address or to the buyer's phone number.
    • The Seller fulfills its legal obligations related to the possible storage of cookies on the Buyer's equipment through a special document.
12. Delivery
    • The buyer may be delivered to the buyer's email address.
13. FINAL PROVISIONS
    • If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of the right under the previous sentence is not the buyer who is a consumer, deprived of the protection provided by the provisions of the legal order from which it cannot be contractually deviated, which would otherwise use in the case of the provisions of Article 6 (1) of the European Regulation Parliament and Councils (EC) No 593/2008 of 17 June 2008 on the right of contractual obligations (Rome I).
    • If some provisions of the Terms and Conditions are invalid or ineffective, or such, a provision shall take place instead of invalid provisions, the meaning of which is as close as possible to the invalid provision. The validity of other provisions is not affected by the invalidity or ineffectiveness of one provision.
    • The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
    • Annex to the Terms and Conditions is a sample form for withdrawal from the purchase contract.
    • Seller's contact details: registered office: Kozi 916/5, 110 00 Prague 1, The seller does not provide any other means of online communication. 

In Prague on 16.11.2023

Umarutti s.r.o.

Agreed

Vladimir Kondratěnko