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Terms and Conditions

In accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), these Terms and Conditions govern the mutual rights and obligations between

TWISTEN FOUNDATION
ID: 19929510
Registered office K Botiči 1453/6, Prague 10, 101 00
www: www.twisten.org,
email: hello@twisten.org,

(hereinafter referred to as "Seller")

and the customer (hereinafter referred to as the "Buyer")

arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Contract") concluded between the Seller and the Buyer through the Seller's online store located at https://www.twisten.org (hereinafter referred to as the "Store"), the subject of which is the goods offered by the Seller (hereinafter referred to as the "Goods")

(hereinafter referred to as the "Terms and Conditions").

I. Introductory provisions

  1. 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. Wherever the rights and obligations under the Contract are referred to, the rights and obligations under the Contract, including these Terms and Conditions, are meant.
  2. By concluding the Contract, the Buyer declares that he/she has read, understood and agreed to the current version of these Terms and Conditions at each individual conclusion of the Contract.
  3. The Contract is stored by the Seller after its conclusion for its successful execution, but the Seller does not undertake to allow the Buyer repeated access to the concluded Contract.
  4. The current version of these Terms and Conditions is freely accessible on the Seller's website and is thus available for anyone to view and archive.
  5. The buyer can be a consumer, a business or a seller.
  6. Consumer means, in accordance with the provisions of Section 419 of the Civil Code, any natural person who enters into a Contract with the Seller or otherwise acts outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.
  7. An entrepreneur is understood to be, in accordance with the provisions of Section 420 of the Civil Code, one who independently carries out, on his own account and responsibility, a gainful activity by means of a trade or similar activity with the intention of doing so on a regular basis for the purpose of making a profit. Any person who enters into contracts in connection with his or her own business, manufacturing or similar activity or in the independent exercise of his or her profession, or who acts in the name or on behalf of an entrepreneur, is also considered to be an entrepreneur. According to Section 421, a person registered in the Commercial Register is also considered to be an entrepreneur, and a person who has a trade licence or other authorisation under another law to carry on business is also considered to be an entrepreneur.
  8. The Seller means the entrepreneur who has concluded the Framework Agreement with the Seller.

II. Conclusion of the Contract, payment terms and delivery of the Goods

  1. All presentation of the Goods placed on the website of the Shop is of an informative nature and the Seller is not obliged to conclude a Contract regarding the Goods. Section 1732(2) of the Civil Code shall not apply.
  2. The Shop pages contain information about the Goods and their characteristics, their prices, and the costs associated with the delivery and packaging of the Goods when delivered within the Czech Republic.
  3. The Contract can be concluded via the order form located in the Shop. In the order form, you must enter information about:
  1. the selected Goods and their quantity. The Buyer does this by placing the Goods in the electronic shopping cart;
  2. the requested method of payment of the purchase price of the Goods, when the Shop environment shows the Buyer the cost of the selected method of payment of the purchase price;
  3. the requested method of delivery of the ordered Goods, where the Shop environment shows the Buyer the cost of the selected method of delivery of the ordered Goods; and
  4. Buyer, his contact details and details for delivery of the Goods.
    The information entered into the order form constitutes an order (hereinafter referred to as the "Order").
  1. After creating an Order, the Buyer has the opportunity to check and, if necessary, change the data contained therein. The Buyer sends the Order to the Seller by clicking on the "Order" button. The Seller shall confirm the Buyer's receipt of the Order by e-mail to the email address specified in the Order or otherwise provided to the Seller. The Contract is concluded at the moment of delivery of this Order confirmation, if it also contains the Seller's manifestation unambiguously containing his will to conclude the Purchase Contract.
  2. Based on the concluded Contract, the Buyer undertakes to pay for the Goods. The Seller undertakes to hand over the Goods to the Buyer and to allow the Buyer to acquire ownership of them. In case of delivery through a shipping company providing complex logistics services for online shops or through a network of delivery points that provide online shops with the delivery of goods (e.g. the so-called Zásilkovna, Uloženka, Parcel shop, Alza box, etc.), it is recommended that the Buyer takes delivery of the goods within 24 hours of receiving information about the possibility of taking delivery of the Goods.
  3. The Buyer declares that the information given in the Order or otherwise provided to the Seller is true and correct and that he will notify the Seller of any changes without delay. The Seller shall not be liable for any damage or complications caused by the Buyer's disclosure of incorrect or false information. The Buyer shall be liable to the Seller for any damage caused to the Seller by the provision of incorrect or false personal data.
  4. The Buyer agrees to the use of remote means of communication in concluding the Contract.
  5. The Seller is entitled, depending on the nature of the order (non-standard quantity of goods, price, transport costs, distances, etc.) to ask the Buyer for additional telephone or written confirmation of the Order. If the Buyer refuses to authorize the Order in the requested manner, the Seller is entitled not to confirm the conclusion of the Purchase Contract, or if the Purchase Contract has already been concluded, the Seller is entitled to withdraw from it.
  6. The Seller may require the Buyer to make an advance payment or payment in advance. The Buyer shall be notified of this fact before the conclusion of the Contract in the description of the Goods or during the placing of the Order.
  7. When placing an Order, the Buyer may choose from the following methods of payment of the purchase price of the Goods and other costs:
  1. by wire transfer to the Seller's account;
  2. cashlessly through third party payment or other systems listed on the website; or
  3. cashless by credit card;
  4. by payment of the invoice issued (available only for sellers with a concluded Framework Agreement).
  1. Together with the payment of the purchase price, the Buyer is obliged to pay the costs of packaging and delivery of the Goods in accordance with the Contract. Unless expressly stated otherwise, the purchase price shall also include the costs of delivery of the Goods.
  2. In the case of non-cash payment, the purchase price is payable when placing the Order. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
  3. The Seller shall be entitled to demand payment of the full purchase price and other costs before the Goods are dispatched to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
  4. After payment of the purchase price and other costs, the Seller shall issue a tax document to the Buyer about the payments made, which shall be sent to the Buyer by e-mail or handed over to the Buyer together with the Goods.
  5. The Buyer acquires ownership of the Goods upon payment of the full purchase price, but not before taking possession of the Goods.
  6. If the Seller is obliged under the Contract to deliver the Goods to the place designated by the Buyer, the Buyer is obliged to accept the Goods upon delivery. The Buyer is obliged to take over the Goods designated by the Buyer for collection at the Seller's premises within 7 days from the date of being informed by the Seller about the possibility of taking over the Goods. The Buyer is also obliged to take over the Goods in other cases, in particular after a settled complaint or if the Goods are sent to the Buyer again in case of late exercise of the right to withdraw from the Contract without giving any reason. In the event that the Goods are delivered repeatedly or in a manner other than the agreed manner for reasons on the part of the Buyer, the Buyer shall be obliged to pay the costs associated with such repeated or other delivery.
  7. If the Buyer is in delay in taking over the Goods, the Seller is entitled to charge the Buyer a storage fee of CZK 10 for each day of delay, but not more than the price of the Goods, and the Seller has the right to withdraw from the Contract at any time during the delay.
  8. If the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
  9. Upon receipt of the Goods, the Buyer is obliged to check the integrity of the packaging and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
  10. None of the dates of delivery of the Goods agreed between the Buyer and the Seller can be regarded as a fixed obligation within the meaning of the provisions of Section 1980 of the Civil Code, unless the date is expressly designated as such and agreed with the Seller.

 

III. Withdrawal from the Contract

  1. This paragraph applies only in cases where the Buyer is a consumer. If the Buyer is a consumer:
  1. It may withdraw from the Contract within 14 days of receipt of the Goods or the last part of the delivery, regardless of the method of receipt of the Goods or payment. The withdrawal from the Contract must be sent to the Seller within this period to the Seller's registered office address (K Botiči 1453/6, Prague 10, 101 00) or by e-mail to hello@twisten.org.
  2. He is also entitled to withdraw from the Contract at any time before delivery of the Goods.
  3. The Buyer does not have to state the reason for which he/she withdraws from the Contract. For ease of communication, it is advisable to indicate in the withdrawal the date of purchase or the number of the Contract, order or tax receipt, the bank connection and the chosen method of returning the goods. The Seller will confirm its delivery to the Buyer in text form.
  4. After withdrawal, the Buyer is obliged to send the Goods received to the Seller without undue delay, no later than 14 days after withdrawal. The Buyer shall be liable to the Seller for the reduction in value of the Goods resulting from handling the Goods in a manner different from that which is necessary with respect to their nature and characteristics. The Goods should be returned to the Seller (not on delivery) complete, preferably in their original packaging (however, the original packaging is not necessary if this is not possible).
  1. The Seller is obliged to return to the Buyer the amount fully corresponding to the purchase price of the Goods and the costs paid for their delivery within 14 days of withdrawal from the Contract, in the same way as the payment was received from the Buyer, or in another way if the Buyer agrees and if no additional costs are incurred by the Buyer. The Seller shall be entitled to wait until the Buyer returns the Goods or proves that he has sent them before returning the funds.
  2. The costs of returning the Goods shall be borne by the Buyer.
  3. If the returned Goods are damaged by the Buyer's breach of duty, the Seller shall be entitled to claim against the Buyer for the reduction in the value of the Goods and to set it off against the amount returned.
  4. In cases where the Buyer has the right to withdraw from the Contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Contract at any time until the Buyer takes over the Goods. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
  5. In cases of delivery of Goods manufactured according to the Buyer's requirements or adapted to his personal needs, the Buyer has no right to withdraw from the Contract in accordance with the provisions of Section 1837 (d) of the Civil Code.
  6. If the Buyer is not a consumer, the Buyer may withdraw from the Contract under the terms agreed in writing between the Buyer and the Seller, or if so provided by law.
  7. The Seller reserves the right to withdraw from the Contract in the event that the price of the Goods subject to the Contract has been displayed in the Shop manifestly incorrectly (e.g. the price for a package with multiple units has been incorrectly indicated as the price for 1 unit, the price is incorrectly indicated with a decimal point).

IV. Rights from defective performance

  1. The rights and obligations of the Contracting Parties under the Contract regarding the Seller's liability for defects shall be governed by the applicable generally binding regulations.
  2. This paragraph applies only if the Buyer is not an entrepreneur. If the Buyer is not an entrepreneur:
  1. If the Goods received have defects (e.g. they do not have the agreed characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the Goods for which the Seller is liable.
  2. The seller is not liable for defects resulting from failure to follow the instructions for use. The Seller shall not be liable for defects caused by the Buyer.
  3. If the defect becomes apparent within six months of receipt of the Goods, the Goods shall be deemed to have been defective upon receipt.
  4. If the Goods do not have the agreed characteristics, the Buyer may request delivery of new Goods without defects. If this is not possible, the Buyer may withdraw from the Contract. If the Buyer does not exercise this right, or if the Seller cannot deliver new Goods without defects, the Buyer may demand a reasonable discount.
  5. The Buyer may file a complaint with the Seller at the Seller's registered office or electronically at hello@twisten.org. The moment of the claim is considered to be the moment when the Seller received the claimed goods from the Buyer. The Seller shall confirm to the Buyer in writing when he/she exercised his/her right, what is the content of the claim and what method of handling the claim the consumer requires; as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or written justification of the rejection of the claim. In the event of a justified claim, the Buyer shall be entitled to reimbursement of the costs of the claim in the necessary amount. In the case of an unjustified claim, the Buyer shall not be entitled to reimbursement of its costs related to the settlement of the claim, nor shall the Seller be entitled to reimbursement of the costs incurred on its side. The Buyer shall be notified by telephone or email of the settlement of the claim.

V. Privacy Policy and sending commercial communications

  1. The protection of personal data of the Buyer, who is a natural person, is ensured in accordance with Act No. 110/2019 Coll., on the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
  2. The scope of the personal data managed and processed, as well as all information of the Seller as controller and processor in relation to the Buyer, the Entrepreneur and the Seller as data subjects, is available here: https://www.twisten.org/podminky-ochrany-osobnich-udaju/.
  3. The Buyer is obliged to provide his/her personal data correctly and truthfully, and is obliged to inform the Seller without undue delay of any change.

VI. Final Provisions

  1. The buyer assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code. The Buyer may address his complaints directly to the Seller or to the competent supervisory or state supervisory authority. The Seller is authorised to sell the Goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority.
  3. The Czech general courts are competent to hear disputes between the Buyer and the Seller.
  4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract.
  5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
  6. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by electronic mail, or in person or by registered mail through a postal service provider. The Buyer shall be delivered to the e-mail address specified in the order or during registration.

 

These Terms and Conditions shall come into force on 01. 12. 2024

 

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