GENERAL TERMS AND CONDITIONS for e-shop

These General Terms and Conditions (hereinafter referred to as the " Terms ") govern all purchase contracts concluded between Smile, by Rudy sro, with its registered office at Pražákova 1008/69, 639 00 Brno, Company ID 23056631, registered in the Commercial Register kept by the Regional Court in Brno under file number C 144165, e-mail: info@smilebyrudy.sk, telephone number 776 018 754 (hereinafter referred to as the “ Seller ”) and third parties who are consumers within the meaning of Section 419 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “ Buyer ”), on the basis of which the Seller supplies the Buyer with goods from its range. These terms and conditions do not apply to contractual relationships with business entities.

The Terms and Conditions regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “ Civil Code ”), the mutual rights and obligations of the Buyer and the Seller arising in connection with or on the basis of purchase contracts (hereinafter referred to as the “ Contract ”) concluded through the Seller's E-shop on the website www.smilebyrudy.sk (hereinafter referred to as the “E-shop”). Contracts are concluded using means of distance communication - remotely in the Seller's B2C E-shop environment , via the website interface (hereinafter referred to as the " E-shop web interface ").

Information on the processing of the Buyer's personal data is contained in the Personal Data Processing Policy on the website www.smilebyrudy.sk.

All legal relations arising in connection with the Contract are governed by the legal order of the Czech Republic, in particular the Civil Code. These Terms and Conditions are the basic conditions for the sale of the Seller's goods and, if they deviate from the dispositive legal norms of the legal order of the Czech Republic, they take precedence over these norms. The provisions of these Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language.

1. SOME DEFINITIONS

   1. The purchase price is the financial amount that the Seller will pay for the Goods;

   2. The shipping price is the financial amount that the Seller will pay for the delivery of the Goods, including the price for its packaging;

   3. The total price is the sum of the Purchase Price and the Shipping Price;

   4. VAT is a value added tax according to the applicable legal regulations of the Czech Republic;

   5. An invoice is a tax document issued in accordance with Act No. 235/2004 Coll., on Value Added Tax, as amended, for the Final Price;

   6. The Order is a binding proposal by the Buyer to conclude a Contract with the Seller;

   7. A user account is an account established on the web interface of the E-shop based on the data provided by the Buyer, which enables the conclusion of Contracts through remote communication, storage of entered data, history of ordered Goods and concluded Contracts;

   8. The Buyer is a person who is a consumer within the meaning of Section 419 et seq. of Act No. 89/2012 Coll., Civil Code, shopping at the E-shop;

   9. Goods are all movable items from the Seller's range that can be purchased in the E-shop.

2. General provisions and instructions

   1. The purchase of Goods (and therefore the conclusion of the Contract) is only possible via the E-shop web interface.

   2. When purchasing Goods, it is the Buyer's obligation to provide the Seller with complete, true and correct information. The information provided by the Buyer to the Seller in the Order is considered true and correct.

3. CONCLUSION OF THE CONTRACT

   1. The purchase contract is concluded in the Czech language.

   2. The contract is concluded remotely via the E-shop, with the costs of using remote communication means being borne by the Buyer.

   3. The Contract shall be concluded on the basis of the Buyer's Order created in the E-shop environment. In the case of a registered user, this may be done through his user account in the E-shop. The Order must contain the following information:

      1. Information about the purchased Goods (in the E-shop, the Buyer marks the Goods he is interested in purchasing by clicking the "Add to Cart" button)

      2. Information about the Purchase Price, Shipping Price, method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered when creating an Order within the user environment of the E-shop, while information about the Purchase Price, Shipping Price and Final Price will be provided automatically based on the Goods selected by the Buyer, the method of delivery and payment;

      3. Identification, billing and contact details of the Buyer necessary for the fulfillment of the Contract, including delivery of the Goods and billing of the Total Price; in particular, name, surname, delivery address, telephone number and e-mail address.

   4. During the creation of the Order, the Buyer may change and check the data or cancel the order until its completion. By pressing the "Order with payment obligation" button, the binding Order will be completed and sent to the Seller. Before pressing the aforementioned button, it is first necessary to confirm familiarization with and agreement to the Seller's Terms and Conditions and Personal Data Processing Policy by checking the buttons. Otherwise, it will not be possible to complete the Order. The sent Order is binding on the Buyer.

   5. The Seller shall confirm the Buyer's Order as soon as possible after delivery by sending a message to the e-mail address specified in the Order. The delivery of the Order Confirmation shall constitute the conclusion of the Contract between the Seller and the Buyer. The Purchase Contract shall be concluded for the period strictly necessary for the completion of the performance of the Contract (payment of the Total Price by the Seller and delivery of the Goods by the Seller).

   6. There may be cases where the Seller will not be able to confirm the Order. These include in particular situations where the Goods are not available or cases where the Buyer orders a larger number of Goods than is allowed by the Seller. Information on the maximum number of Goods is always provided in the E-shop before placing the Order. In the event that there is any reason why the Seller will not be able to confirm the Order, the Seller will immediately inform the Buyer, or send him an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when the Buyer confirms this amended offer of the Seller in writing (including in the form of an e-mail message).

   7. At the moment of conclusion of the Contract, the Buyer is obliged to pay the Total Price.

   8. In some cases, the Seller may allow the use of a discount for the purchase of Goods (e.g. in the form of a discount code). To provide a discount, it is necessary to fill in the details of this discount in a predetermined field within the Order proposal. If the Buyer fails to do so, he cannot later claim a discount for the Goods.

   9. The Seller will archive the concluded contract for a period of 5 years. The consumer will have access to the text of the contract via e-mail info@smilebyrudy.sk.

4. User account

   1. Based on registration within the E-shop, the Buyer can access his User Account.

   2. When registering a User Account, the Buyer is obliged to provide complete, correct and truthful information and, in the event of any change, to update it without undue delay.

   3. Access to the User Account is secured by a username and password. It is the Buyer's obligation to protect these access details and not to provide them to third parties. All actions taken by the Buyer through the User Account are considered by the Seller to be actions taken by the Buyer, and any misuse of access details does not affect the validity of such actions.

   4. The user account is personal (i.e. registered to a specific natural person), therefore the Buyer is not entitled to allow third parties to use their account.

   5. The Seller reserves the right to cancel the Buyer's User Account, especially if the Buyer has not used it for more than 2 years, or if the Buyer breaches his obligations under the Contract.

   6. The Buyer acknowledges that the E-shop web interface and the User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

5. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

   1. The purchase price is always stated for a specific Product in the E-shop, before confirming the Order and in the Order confirmation. In the event of a discrepancy between the purchase prices, the purchase price before confirming the Order shall prevail. The Order proposal also states the shipping price, or the conditions under which shipping is free.

   2. The total price in the E-shop is always stated excluding VAT and including VAT.

   3. The Buyer is obliged to pay the Total Price after the conclusion of the Contract and before the delivery of the Goods. Payment can be made in the following way:

- Online by credit card. In this case, payment is made via the GOPAY payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: www.gopay.cz. In the case of online card payment, the Total Price is payable within 24 hours of delivery of the Order Confirmation.

4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to the Buyer's email address specified in the Order. The invoice will also be available in the User Account.

5. The ownership of the Goods passes to the Buyer upon payment of the Total Price and acceptance of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting it to the Seller's bank account, in other cases it is paid upon successful payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

   1. The goods will be delivered to the Buyer via the transport company Zásilkovna.

   2. Delivery methods, their conditions and price depend on the conditions of the respective carrier, when the Buyer selects the method of transport before confirming the Order. When selecting the delivery method, the Buyer is also informed about the price of the individual delivery methods.

   3. Goods can be delivered within the Czech Republic and the Slovak Republic.

   4. The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to the Buyer in the Order Confirmation. This time is only indicative and may differ from the actual delivery time.

   5. When accepting the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods. In the event of any defects or facts indicating unauthorized manipulation or opening of the shipment or possible damage to the Goods, the Buyer is entitled to refuse to accept the Goods from the carrier. The Buyer is obliged to immediately inform the Seller of the refusal to accept the Goods.

   6. The Buyer's breach of the obligation to take over the Goods shall not, except in cases pursuant to Article 6, paragraph 6.4., result in a breach of the Seller's obligation to deliver the Goods. The breach of the obligation to take over the Goods shall not be considered a withdrawal from the contract. The Buyer's breach of the obligation to take over the Goods, except in justified cases pursuant to Article 6, paragraph 6.4, shall be considered a material breach of the contract establishing the Seller's right to withdraw from the Contract, unless the Seller decides to attempt to deliver the Goods again.

   7. Any withdrawal from the Contract is effective upon written delivery of the notice of withdrawal from the Contract by the Buyer.

   8. If, for reasons arising from the Buyer's side, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, the Buyer is obliged to reimburse the Seller for the costs associated with this repeated delivery. The Seller will send the payment details and an invoice for these costs to the Buyer at the e-mail address specified in the Contract. These costs are payable 14 days after the invoice is delivered.

   9. The risk of damage to the Goods shall pass to the Buyer upon acceptance of the Goods. If the Buyer fails to accept the Goods, although the Seller has enabled him to do so in an agreed manner, the risk of damage to the Goods shall pass to the Buyer at the time when he had the opportunity to accept them, but did not do so for reasons attributable to the Buyer. The transfer of risk of damage to the Goods means that from that moment on, the Buyer bears all consequences associated with the loss, destruction, damage or any impairment of the Goods.

   10. If the Goods were not listed in the E-shop as in stock and an approximate availability time was indicated, the Seller will inform the Buyer if there has been an extraordinary failure in the production of the Goods, and the Seller will also provide a new expected availability time or information that it will not be possible to deliver the ordered Goods.

   11. The Seller is entitled not to deliver the Goods to the Buyer (even if the Order for the Goods has already been confirmed by the Seller) if the Buyer has any monetary or non-monetary obligations to the Seller, the fulfillment of which is in arrears, until they are fully paid or otherwise fulfilled. Such non-delivery or delayed delivery of the Goods shall not be considered a breach of obligation on the part of the Seller.

   12. Instructions for use are provided directly on the product packaging, the contents of which the Buyer is obliged to familiarize himself with before starting to use the Goods. The Seller will send the invoice for the Goods to the Buyer electronically to the e-mail address specified in the Contract.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

   1. The Seller guarantees that at the time of transfer of risk of damage to the Goods pursuant to Article 6.8 of the Conditions, the Goods are free from defects, in particular that the Goods:

      1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

      2. is suitable for the agreed purpose, and if not agreed, then for the purpose for which Goods of this type are usually used;

      3. It is delivered with agreed accessories and instructions for use.

   2. The Seller further guarantees that in addition to the agreed properties:

      1. the Goods are suitable for the purpose for which a thing of this type is usually used,

      2. The goods, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same type that the Buyer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, in particular advertising or labeling,

      3. The Goods are delivered with accessories, including packaging and instructions for use, which are listed on the product packaging.

   3. Rights and obligations regarding rights arising from defective performance are governed by these Terms and Conditions and, to the extent not regulated by them, also by generally binding legal regulations (in particular, the provisions of Sections 2099 to 2117 of the Civil Code).

   4. The Buyer is obliged to unpack the Goods immediately after taking over the Goods, to carry out a proper inspection and testing of them with due care. The Buyer is entitled to notify the Seller in writing of any defects in the Goods that appear on the goods within two years of taking over. For the complaint, the Buyer is entitled to use the sample form provided by the Seller, which forms Appendix No. 1. The Buyer shall send this form to the Seller's e-mail, i.e. info@smilebyrudy.sk. In the complaint, the Buyer is obliged to state in particular the Goods to which the complaint relates and a description of what the defect of the Goods consists of or how it manifests itself. If possible, the Buyer shall also attach the documents necessary for assessing the defect (in particular, appropriate photo or video documentation).

   5. In the event of defective performance, the Buyer has the right to have the defect removed free of charge. At his/her option, he/she may request the delivery of new Goods without defects or the repair of the Goods, unless the selected method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed in the other method without significant difficulties for the Buyer. The Seller may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the Goods would have without the defect. If the defect cannot be removed, the Buyer has the right to a reasonable discount on the Purchase Price, or, if the defect in the Goods is a substantial defect, to withdraw from the Contract. In the event of the purchase of a larger number of Goods, the rights arising from defective performance always relate only to the individual defective items of Goods.

   6. The Buyer shall report the defect in writing via the Seller's e-mail address info@smilebyrudy.sk. The Seller shall issue the Buyer with a written confirmation of receipt of the complaint, stating the date on which the Buyer submitted the complaint, its content, the method of complaint settlement requested by the Buyer and the Buyer's contact details for the purpose of providing information on the settlement of the complaint. The address for sending the Goods in the event of a complaint is: Synergy Company sro, Hamerská 19, 779 00, Olomouc. The complaint, including the removal of the defect, must be resolved and the Buyer must be informed thereof no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the complaint is not resolved within the specified 30-day period (or a longer period, if the parties have agreed to this), the Buyer has the right to withdraw from the contract or the right to request a reasonable discount.

   7. The buyer may request a reasonable discount or withdraw from the contract if

      1. The seller refused to remove the defect or did not remove it in accordance with the previous paragraph,

      2. the defect appears repeatedly,

      3. the defect is a fundamental breach of contract, or

      4. it is obvious from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

   8. The appropriate discount is determined as the difference between the value of the Goods without defects and the defective Goods that the Buyer received.

   9. The buyer cannot withdraw from the contract if the defect in the item is insignificant; it is assumed that the defect is not insignificant.

   10. If the Buyer withdraws from the contract, the Seller will refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that he has sent the Goods.

   11. The Seller is not liable for defects in the Goods or other damage resulting from the use of the Goods contrary to the instructions for use stated on the product packaging.

8. withdrawal from the contract

   1. The consumer is entitled to withdraw from a contract concluded at a distance within 14 days from the date of receipt of the goods without giving any reason.

   2. The Seller is entitled to withdraw from the Contract in cases stipulated by the Contract, these Terms and Conditions and applicable legal regulations.

   3. To withdraw from the contract, the Buyer may use the form available at www.smilebyrudy.sk. The Seller will confirm receipt of the form to the Buyer without undue delay by email.

   4. If the Buyer withdraws from the contract, he shall send or hand over the Goods to the Seller without undue delay, no later than fourteen days from the withdrawal from the contract, to the address: Synergy Company sro, Hamerská 19, 779 00 Olomouc. If the Buyer chooses a method of delivery of the Goods other than the cheapest method offered by the Seller, the Seller shall refund the Buyer the costs of delivery of the Goods in the amount corresponding to the cheapest method of delivery of the Goods offered.

   5. The Seller shall return to the Buyer within 14 days of receipt of the withdrawal form all funds received from the Buyer, including delivery costs, in the same manner in which they were received from the Buyer under the contract. In another manner, the Seller is entitled to return to the Buyer the funds received only if the Buyer has agreed to this and if this does not entail additional costs for the Buyer. The Seller is not obliged to return to the Buyer the funds received before receiving the Goods or before the Buyer proves to him that he has sent the Goods back, whichever is the earlier.

   6. In the event of withdrawal from the Contract, the Buyer shall be liable to the Seller for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that which is necessary given their nature and properties, i.e. in the manner in which the Buyer would have viewed the Goods in a brick-and-mortar store. The Seller is entitled to offset the claim for the reduction in the value of the Goods against the Buyer's claim for the refund of the Purchase Price.

   7. The Seller reserves the right to withdraw from the concluded contract if the Buyer has ordered Goods whose price was clearly disproportionate to the value of these Goods. The Seller may withdraw from the contract in this way only if the indication of a clearly disproportionate Purchase Price on the E-shop was caused by mistake.

9. Final provisions

   1. The Seller may unilaterally amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

   2. The buyer has the right to out-of-court dispute resolution with the Czech Trade Inspection Authority.

   3. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, etc.), the Seller is not liable for damage caused as a result of or in connection with force majeure.

   4. The Annex to the Terms and Conditions is a sample complaint form and a sample withdrawal form from the Contract.

   5. These Terms and Conditions shall enter into force on 1.5.2025.

Appendix No. 1 - DOWNLOAD Claim Form

Annex No. 2 - DOWNLOAD Withdrawal form