Terms and Conditions

1.1. These terms and conditions (hereinafter the "Terms and Conditions") of Topshelf s.r.o., with its registered office at Bubenské nábřeží 705/8, identification number: 03476812, registered in the Commercial Register maintained by Městským soudem v Praze, Section C, Insert 232022 (hereinafter the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter the "Purchase Contract") concluded between the Seller and another natural person (hereinafter the "Buyer") via the Seller’s online store.

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

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

2.1. Based on the Buyer’s registration performed on the website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter the "User Account"). If the web interface of the store allows it, the Buyer may also place orders for goods without registration directly via the store’s web interface.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data specified in the User Account whenever it changes.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 10 years, or if the Buyer breaches their obligations under the Purchase Contract.

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

3.1. Any presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods.

3.2. The web interface of the store contains information about goods, including the prices of individual items and the costs of returning goods if, by their nature, such goods cannot be returned by ordinary postal means. The prices of goods are stated including value added tax and all related charges.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods.

3.4. To order goods, the Buyer fills in the order form in the web interface of the store. The order form contains in particular information on:

• the goods being ordered (the Buyer "adds" the ordered goods to the electronic shopping cart in the store’s web interface)
• the method of payment of the purchase price of the goods, and details of the required method of delivery of the ordered goods
• information on the costs associated with the delivery of the goods

3.5. Before sending the order to the Seller, the Buyer is enabled to check and change the data that the Buyer has entered in the order. The Buyer sends the order to the Seller by clicking the "Confirm" button.

3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, anticipated shipping costs), to ask the Buyer for additional confirmation of the order.

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which the Seller sends to the Buyer by electronic mail.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means are borne by the Buyer.

4.1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract in the following ways:

• in cash at the Seller’s premises
• cash on delivery at the place designated by the Buyer in the order
• by bank transfer to the Seller’s account No. 2100678619/2010 (FIO)
• cashless via the PayPal payment system
• cashless by payment card via the GoPay payment gateway

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods.

4.3. The Seller does not require an advance payment or any similar payment from the Buyer.

4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 business days from the conclusion of the Purchase Contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the variable symbol of the payment.

4.6. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

4.7. Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to record the received sales with the tax administrator online; in the event of a technical outage, then no later than within 48 hours.

5.1. The Buyer acknowledges that it is not possible to withdraw from a Purchase Contract for the supply of goods that have been customised according to the Buyer’s wishes, that are perishable, that have been irreversibly mixed with other goods, or that are in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons.

5.2. Unless it is a case referred to in Art. 5.1, the Buyer has the right to withdraw from the Purchase Contract within thirty (30) days of taking over the goods. Notice of withdrawal from the Purchase Contract must be sent to the Seller within this period.

5.3. In the event of withdrawal from the Purchase Contract, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract.

5.4. In the event of withdrawal from the contract, the Seller shall return the funds received from the Buyer within thirty (30) days from the Buyer’s withdrawal from the Purchase Contract.

5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

5.6. For perfumes and other goods that are provided by the manufacturer with a protective cellophane or similar wrapping, breaking or removing such wrapping reduces the value of the goods, as the goods can no longer be offered and sold as new and unopened. The refunded portion of the purchase price will generally be determined with regard to the condition of the goods as follows:

The specific amount of compensation may vary depending on the actual condition, extent of use, or damage to the returned goods.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition.

6.1. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the goods’ packaging and, in case of any defects, to immediately notify the carrier. If a breach of the packaging is found indicating unauthorised entry into the consignment, the Buyer is not obliged to accept the consignment from the carrier.

7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations.

7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

• the goods have the properties agreed between the parties
• the goods are fit for the purpose which the Seller states for their use
• the goods correspond in quality or workmanship to the agreed sample
• the goods are in the appropriate quantity, measure or weight
• the goods comply with the requirements of legal regulations

7.3. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt.

7.4. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

8.1. The Buyer acquires title to the goods upon payment of the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer.

8.3. Consumer complaints are handled by the Seller via the email address info@ferwer.com.

8.4. For out-of-court settlement of consumer disputes arising from the Purchase Contract, the competent authority is Česká obchodní inspekce, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs.

8.5. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out within its scope by the competent Trade Licensing Office.

8.6. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.

8.7. In promotions where we offer a product free of charge with an order, this always means 1 free product per 1 order or customer. Discount codes and vouchers for a monetary amount cannot be combined.

8.8. We reserve the right to delay, refuse, or cancel any order up to the moment of delivery. For example, in the event of a price error in the offer or an error concerning product availability, we may correct the error by charging the correct price, or cancel the order. If any part of your order is cancelled, or if we need additional information to accept it, we will contact you.

9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Art. 13 of Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons with regard to the processing of personal data by means of a separate document.

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer’s email address.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfil the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may revoke the consent at any time.

11.1. Notices may be served on the Buyer to the Buyer’s email address.

11.2. Unless agreed otherwise, all correspondence related to the Purchase Contract must be delivered to the other party in writing, by email, in person, or by registered mail through a postal services operator.

11.3. Notice is deemed delivered even if its receipt was refused by the addressee, if it was not collected within the collection period, or if it was returned as undeliverable.

12.1. If a relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall be used instead of the invalid provision.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The appendices to the Terms and Conditions consist of a model form for withdrawal from the Purchase Contract, the complaints policy, and a complaints form.

12.5. Seller’s contact details:
address for service: Topshelf s.r.o., Bartoškova 4, 14000 Praha 4
email address: info@ferwer.com

12.6. We ascertain your satisfaction with your purchase via email questionnaires within the Verified by Customers program, in which our e-shop is involved. We send them to you every time you shop with us, unless you refuse their sending within the meaning of § 7(3) of Act No. 480/2004 Coll., on certain information society services.