Terms and conditions

EKOLKA.EU TERMS AND CONDITIONS

Seller
Novotrek Distribution s.r.o.
Registered office: Nad Jezerkou 1075/13, Nusle, 140 00 Prague 4, Czech Republic
Company ID No.: 25768841
Commercial Register: File C 68523, Municipal Court in Prague
Contact e-mail: info@ekolka.eu

1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or under the purchase agreement concluded between Novotrek Distribution s.r.o. (the Seller) and another natural person (the Buyer) through the Seller’s online store at www.ekolka.eu.
1.2. These Terms do not apply if the Buyer is a legal entity or acts within the scope of business activity or independent professional practice.
1.3. Deviating provisions may be agreed in the purchase agreement. Such provisions prevail over these Terms.
1.4. These Terms form an integral part of the purchase agreement. The purchase agreement and these Terms are drawn up in English. The purchase agreement may be concluded in English.
1.5. The Seller may amend or supplement these Terms. This does not affect rights and obligations arising during the period when the previous version was in force.

2. USER ACCOUNT
2.1. Based on registration on the Website, the Buyer may access their user account and place orders from it. If the Website allows it, the Buyer may also place orders without registration.
2.2. The Buyer must provide correct and truthful data when registering and ordering goods and must update any changes without undue delay.
2.3. Access to the user account is protected by a username and password. The Buyer must keep login details confidential.
2.4. The Buyer may not allow third parties to use the user account.
2.5. The Seller may cancel the user account, especially if the Buyer does not use it for a long time or breaches obligations under the purchase agreement or these Terms.
2.6. The Buyer acknowledges that the user account may not be available continuously, especially due to maintenance.

3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All product presentations on the Website are informative only and the Seller is not obliged to conclude a purchase agreement regarding such goods.
3.2. The Website contains information about goods, including prices. Prices are stated inclusive of VAT and all related fees, and remain valid while displayed on the Website.
3.3. The Website also contains information about packaging and delivery costs. Unless stated otherwise, delivery information applies only within the Czech Republic.
3.4. To place an order, the Buyer fills in the order form on the Website, including the ordered goods, the method of payment, the requested method of delivery, and delivery costs.
3.5. Before submitting the order, the Buyer may review and change the data entered into the order, including correcting input errors. The Buyer submits the order by clicking the button labeled [INSERT BUTTON TEXT].
3.6. Submission of the order is a binding offer to conclude a purchase agreement. The order is valid only if all mandatory data are completed, the Buyer has read these Terms, and confirms that they have done so.
3.7. The Seller shall confirm receipt of the order by e-mail without undue delay.
3.8. The Seller may ask the Buyer to additionally confirm the order depending on its nature, quantity, price, or expected delivery costs.
3.9. The offer contained in the order is valid for fifteen (15) days.
3.10. The purchase agreement is concluded upon delivery of the Seller’s acceptance of the order by e-mail.
3.11. If any requirement in the order cannot be fulfilled, the Seller shall send a modified offer and request the Buyer’s decision.
3.12. A modified offer is a new offer. The purchase agreement is concluded only after the Buyer accepts it by e-mail.
3.13. The Buyer agrees to the use of remote communication means. Any costs of internet or phone use are borne by the Buyer at standard rates.

4. PRICE AND PAYMENT TERMS
4.1. The purchase price and delivery costs may be paid in the following ways:
4.1.1. in cash at the Seller’s premises at [INSERT ADDRESS];
4.1.2. in cash on delivery;
4.1.3. by bank transfer to account No. 2000760869/2010, held with Fio banka, a.s.;
4.1.4. by non-cash payment through a payment system, including Shoptet Pay;
4.1.5. by payment card;
4.1.6. through credit provided by a third party, if offered.
4.2. The Buyer must also pay packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the purchase price includes delivery costs.
4.3. The Seller does not require a deposit, without prejudice to Article 4.6.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of bank transfer or payment gateway, the purchase price is payable within [INSERT NUMBER] days of conclusion of the purchase agreement.
4.5. In the case of non-cash payment, payment is made with the variable symbol. The obligation is fulfilled once the relevant amount is credited to the Seller’s account.
4.6. The Seller may require payment of the full purchase price before dispatch, especially if the Buyer does not additionally confirm the order.
4.7. Any discounts granted by the Seller may not be combined unless expressly stated otherwise.
4.8. The Seller shall issue a tax document/invoice after payment and send it electronically to the Buyer’s e-mail address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that it is not possible to withdraw from the purchase agreement in the cases provided by law, including goods made to the Buyer’s specifications, rapidly perishable goods, sealed goods removed from the packaging for hygiene reasons, and certain digital content.
5.2. Unless an exception applies, the Buyer has the right to withdraw from the purchase agreement within fourteen (14) days from receipt of the goods. If the agreement covers several types of goods or several parts, the period runs from receipt of the last delivery. The withdrawal notice must be sent to the Seller within this period.
5.3. Returned goods must be sent to: Novotrek Distribution s.r.o. – returns, Romaina Rollanda 43/2, 160 00 Prague 6 - Bubeneč, Czech Republic.
5.4. The shipment must contain the returned goods including complete accessories. The Buyer should enclose proof of purchase or otherwise prove entitlement to warranty, a detailed reason for return, and sufficient contact details.
5.5. If accessories are missing, the refunded amount may be reduced by the price of the missing accessories.
5.6. Upon withdrawal, the purchase agreement is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days from the date of withdrawal.
5.7. The Buyer bears the cost of returning the goods to the Seller.
5.8. The Seller shall refund all payments received from the Buyer within fourteen (14) days from withdrawal. The refund shall be made using the same method as the original payment, unless the Buyer agrees otherwise and no additional costs arise.
5.9. The Seller is not obliged to refund the money before receiving the returned goods or proof that the goods have been sent back.
5.10. If a gift is provided with the goods, the gift agreement is concluded with a resolutive condition and the Buyer must also return the gift if withdrawing from the purchase agreement.

6. DELIVERY OF GOODS
6.1. If the delivery method is agreed at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with that method.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer, the Buyer must accept the goods upon delivery.
6.3. If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by another method, the Buyer bears the costs of repeated or alternative delivery.
6.4. Upon receipt from the carrier, the Buyer must check the integrity of the packaging and notify the carrier immediately of any defects.
6.5. Estimated delivery time: [INSERT ESTIMATED DELIVERY TIME].

7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. Rights and obligations regarding defective performance are governed by applicable legal regulations.
7.2. The Seller is liable that the goods are free from defects upon receipt.
7.3. The Seller is liable in particular that the goods have the agreed characteristics, are fit for the stated or usual purpose, correspond to the agreed sample or model, are in the proper quantity, measure or weight, and comply with legal requirements.
7.4. These provisions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear caused by normal use, or to defects corresponding to the degree of use or wear at the time of receipt.
7.5. If a defect appears within six months of receipt, it is presumed that the goods were defective already upon receipt.
7.6. Rights from defective performance shall be exercised at the Seller’s premises where complaint acceptance is possible, or at the registered office or place of business.
7.7. Additional rights and obligations may be set out in the Seller’s complaints procedure.

8. OTHER RIGHTS AND OBLIGATIONS
8.1. Ownership of the goods passes to the Buyer upon payment of the full purchase price.
8.2. The Seller is not bound by any code of conduct.
8.3. Out-of-court handling of consumer complaints is provided via e-mail at [INSERT COMPLAINT E-MAIL].
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade office, personal data supervision by the Office for Personal Data Protection, and consumer protection supervision by the Czech Trade Inspection Authority.
8.5. The Buyer assumes the risk of a change in circumstances.

9. PERSONAL DATA PROTECTION
9.1. The protection of the Buyer’s personal data is governed by the GDPR and applicable Czech law.
9.2. The controller is Novotrek Distribution s.r.o., Nad Jezerkou 1075/13, Nusle, 140 00 Prague 4, Czech Republic, Company ID No. 25768841, contact e-mail: pm@ekolka.cz.
9.3. The Buyer agrees to the processing of first name and surname, address, Company ID No. (if applicable), Tax ID No. (if applicable), e-mail address, phone number, and other data necessary for contract performance.
9.4. The Seller processes personal data for order fulfilment, user account administration, customer support, complaint handling, legal compliance, and, where permitted, marketing communications.
9.5. Personal data may be processed by processors. Apart from carriers and necessary service providers, personal data will not be disclosed to third parties without prior consent unless required by law.
9.6. Personal data are processed for an indefinite period or for as long as necessary for the stated purposes and applicable legal obligations.
9.7. The Buyer may request access, rectification, erasure, restriction, portability, and may lodge a complaint with the competent supervisory authority.

10. SENDING COMMERCIAL COMMUNICATIONS AND COOKIES
10.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business to the Buyer’s e-mail address.
10.2. The Buyer agrees to receive commercial communications from the Seller to the Buyer’s e-mail address.
10.3. The Buyer agrees to the storage of cookies on the Buyer’s device, unless cookies are not necessary for the operation of the Store.
10.4. The Buyer may withdraw consent to cookies at any time.

11. DELIVERY OF NOTICES
11.1. Notices relating to the relationship between the Seller and the Buyer, especially withdrawal from the purchase agreement, shall be delivered by registered mail unless otherwise agreed.
11.2. Notices are deemed delivered when delivered by post, including where the addressee refused to accept them, failed to collect them within the storage period, or when they were returned as undeliverable.
11.3. Ordinary correspondence may also be delivered by e-mail to the e-mail address stated in the Buyer’s account, in the order, or on the Seller’s Website.

12. UNCOLLECTED GOODS
12.1. Uncollected goods means goods that remain in the Seller’s possession although delivery back to the customer was attempted or the customer was invited to collect them at the premises and did not do so within at least 15 days.
12.2. For goods from a complaint procedure, the Buyer must collect the goods without undue delay, no later than 30 days after being informed that the complaint was handled and invited to collect the goods.
12.3. If the Buyer does not collect the goods, the Seller may charge storage fees of CZK 40 per day.
12.4. For service goods, the customer must collect the goods within 30 days after being notified that the service work is completed.
12.5. If uncollected goods are not collected within 3 months after the Buyer was informed about storage fees, the Seller may sell the goods, even below usual price.
12.6. Any remaining sale proceeds after deducting storage costs, sale costs, and other claims shall be paid to the customer upon communication of the account number.

13. FINAL PROVISIONS
13.1. If the agreement contains an international element, the parties agree that Czech law applies, without prejudice to mandatory consumer rights.
13.2. If any provision is invalid or ineffective, it shall be replaced by a provision closest in meaning. This does not affect the validity of the remaining provisions.
13.3. Amendments to the purchase agreement or these Terms require written form.
13.4. The purchase agreement, including these Terms, is archived electronically by the Seller and is not publicly accessible.

These Terms enter into force on [INSERT DATE].