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Commercial Terms and Conditions

commercial company Czech Wool company s.r.o.
with registered office at Zahradní 1297, 763 02 Zlín, Czech Republic
identification number: 039 22 391
registered in the Commercial Register maintained by the Regional Court in Brno under File Ref. C 87406
for distance sale of goods through the e-shop at the website www.woolville.com and through the customer service line

  

1. INTRODUCTORY PROVISIONS

1.1 These Commercial Terms and Conditions (hereinafter referred to as “Commercial Terms and Conditions”) of Czech Wool company s.r.o., with registered office at Zahradní 1297, 763 02  Zlín, Czech Republic, identification number: 039 22 391, registered in the Commercial Register maintained by the Regional Court in Brno under File Ref. C 87406 (hereinafter referred to as “Seller“) regulate mutual rights and obligation of the parties arising in connection with or under a purchase contract (hereinafter referred to as “Purchase Contract“) concluded between the Seller and another natural or legal person (hereinafter referred to as “Buyer”) through the Seller’s online store. The Seller has been running his online store at the website https://www.woolville.com (hereinafter referred to as “E-Store”) through a web interface (hereinafter referred to as “E-Store Web Interface”). These Commercial Terms and Conditions apply also to sales of goods under a Purchase Contract concluded over the telephone and, as appropriate, also to Orders placed by the Buyer via email or webchat available at the E-Store Web Interface.

1.2 The Commercial Terms and Conditions do not apply to cases when the person intending to purchase goods from the Seller is a legal person or a person who acts within the scope of its entrepreneurial activity or self-employment activity when ordering the goods. 

1.3 Provisions deviating from the Commercial Terms and Conditions can be agreed in the Purchase Contract.  The deviating provisions in the Purchase Contract prevail over the provisions of the Commercial Terms and Conditions.

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

The Seller may change or amend the wording of the Commercial Terms and Conditions. Such change or amendment shall not affect the Buyer’s rights and obligations which have arisen during the effective period of the previous wording of the Commercial Terms and Conditions.     

 

2. USER ACCOUNT

2.1 The Buyer may access his user interface after completing the Buyer’s registration in the E-Store. The Buyer can place orders of the goods from his user interface (hereinafter referred to as the “User Account”). Registration of the Buyer in the E-Store is not a necessary condition for making a purchase in the E-Store.

2.2 When completing his registration on the E-Store and when ordering goods, the Buyer shall provide his accurate and true data. The Buyer shall update the data saved in the User Account whenever a change of the data occurs. The Seller considers the data provided by the Buyer in the User Account and when ordering goods accurate and complete.  

2.3 Access to the User Account is secured by a username and password selected by the Buyer during registration on the E-Store. The Buyer shall keep confidential the information necessary for access to his User Account.

2.4 The Buyer may not allow access to the User Account to third parties. 

2.5 The Seller may cancel the User Account, especially if the Buyer has used his User Account for more than 12 months and further if the Buyer has breached his obligations under the Purchase Contract (including the Commercial Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be accessible continuously, namely due to necessary maintenance of the Seller’s hardware and software or necessary maintenance of third-party hardware and software.

 

3. PURCHASE CONTRACT CONCLUSIONY

3.1 Goods presentations posted on the E-Store Web Interface are of informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods. The provisions of Section 1732(2) of the Civil Code shall not apply. 

3.2 The E-Store Web Interface contains information about goods, including the prices of individual items of the goods. The prices of the goods are provided inclusive of all taxes (e.g. VAT) and related fees, and exclusive of shipping costs. The shipping costs vary depending on the selected method of shipment, carrier and method of the Order payment. The shipping costs may also be affected by the selected delivery address, namely with regard to the customs duty payment, and so the price of the goods is also exclusive of customs duties. Moreover, the Seller reserves the right to provide free shipping of the goods in selected cases and the shipping costs are then not included in the price of the goods. The prices of the goods remain valid as long as they are displayed on the E-Store Web Interface. This provision does not restrict the Seller’s right to choose to conclude a Purchase Contract under individually agreed terms and conditions.  

3.3 The E-Store Web Interface contains also information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods is provided on the E-Store Web Interface is valid only for deliveries of the goods in the territory of the Czech Republic.

3.4 To place an order for the goods, the Buyer completes an order form in the E-Store. The order form contains namely information about:     
3.4.1 the Buyer, namely his identification and contact information;
3.4.2 the ordered goods (the Buyer “inserts” the ordered goods in the online shopping cart of the E-Store;)
3.4.3 method of payment of the purchase price of the goods; 
3.4.4 requested method of shipping the ordered goods; and  
3.4.5 costs associated with delivery of the goods.

     (hereinafter referred to jointly as “Order”)

3.5 Until an Order is completed and becomes legally binding, the Buyer may check and change data entered in the Order also in connection with the Buyer’s right to identify and correct mistakes that occurred during entering data in the Orders. The Buyer completes the Order by clicking the “Confirm order” button. The data entered in the Order is considered accurate by the Seller. Immediately after receipt of the Order, the Seller confirms the receipt to the Buyer’s email address specified by the Buyer in the Order (hereinafter referred to as “Buyer’s Email Address”).

3.6 Depending on the nature of the Order (quantity of the goods, purchase price amount, estimated delivery costs), the Seller may always ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone) before the Seller himself confirms receipt of the Order.

3.7 An Order that was completed by the Buyer represents an offer to conclude a Purchase Contract.

3.8 A Purchase Contract between the Seller and the Buyer is concluded by the Seller’s confirmation of the Order created by the Buyer. The confirmation is sent to the Buyer’s Email Address. The current version of the Commercial Terms and Conditions, including the Seller’s Complaints Handling Rules, shall be attached to the confirmation. A concluded contract, including the purchase price of the goods, may be changed or cancelled subject to an agreement between the Seller and the Buyer, or due to legal grounds, unless the Commercial Terms and Conditions stipulate otherwise.

3.9 The Seller reserves the right not to conclude a contract with the Buyer if he has legitimate doubts about true identity of the Buyer or if obvious errors in the information about the goods or their price have occurred.

3.10 The Buyer agrees to use means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer on using means of distance communication for the conclusion of the Purchase Contract (costs of internet connection, costs for telephone calls) shall be borne by the Buyer whereas such costs shall not differ from the basic rate.

3.11 The provisions of these Commercial Terms and Condition apply accordingly to sale of goods under a Purchase Contract concluded over the telephone (customer service line). If the Buyer places an Order via a telephone call with the Seller, the Seller’s employee may assist the Buyer with creating the Order. However, the content of the Order is at the Buyer’s discretion; during the Order creation, the Buyer may change the ordered goods and its quantity, and the Buyer also decides on the method of shipment and payment for the goods. The Seller confirms the Buyer’s Order during the telephone call, whereas the calls are recorded and stored. The Purchase Contract is concluded upon such Order confirmation.

The Commercial Terms and Conditions in text form are available at the Seller’s Web Interface.        

 

4. PRICE OF THE GOODS AND PAYMENT TERMS

4.1 The Buyer may pay the price of the goods and shipping costs of the goods under the Purchase Contract to the Seller using the following methods:
4.1.1 in cash in the Seller’s brick-and-mortar store located at the address: Přímá 671, Zlín, Czech Republic;          
4.1.2 cash on delivery at a place selected by the Buyer in the Order;  
4.1.3 by bank transfer to the Seller’s bank account No.: 2800769239/2010, opened with FIO banka (hereinafter referred to as “Seller’s Account”);
4.1.4 by online payment through a payment gateway operated by a third party, i.e. the transfer of data from the Buyer’s payment card is secured by such third party (online banking);
4.1.5 online payment by a payment card;
4.1.6 through third parties who mediate deferred payments (through third-party credit).

4.2 Together with the purchase price, the Buyer shall pay to the Seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless agreed otherwise, the purchase price shall mean to include also the costs associated with delivery of the goods. 

4.3 In the case of a change of the VAT rate, the Seller may request from the Buyer payment of the purchase price including VAT at the current statutory rate. 

4.4 The Seller will not request from the Buyer to make any advance or other similar payment. The Seller may request an advance payment subject to agreement with the Buyer and namely in the case of special custom-made goods or goods not kept in stock or unusual quantity of the goods. 

4.5 In case of cash payments in the brick-and-mortar store or cash on delivery payments, the purchase price is payable upon takeover of the goods. In case of bank transfer, the purchase price is due within 14 days of the Purchase Contract conclusion.

4.6 In case of a bank transfer, the Buyer will specify the variable symbol of the payment when making the purchase price payment. In case of a bank transfer, the Buyer’s obligation to pay the purchase price is performed upon the respective amount having been credited to the Seller’s Account. 

4.7 The Seller is entitled, namely if the Buyer fails to provide additional confirmation of the Order (Article 3.6), to request payment of the full purchase price even before the goods are dispatched to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply. 

4.8 The Seller provides to his customers various discounts, gifts or other vouchers. The use of the vouchers is regulated by the rules notified by the Seller in each individual case. The Buyer is only entitled to a discount if a discount code appears in his Order. Different discounts from the price of the goods, if any, provided by the Seller to the Buyer cannot be combined. Unless stipulated otherwise, each discount or gift voucher can only be used one time. A discount from the price may also be granted automatically (without a discount code) to a Buyer who has a User Account opened with the Seller. 

4.9 The Seller shall issue to the Buyer a tax document – invoice for the payments to be made under the Purchase Contract. The Seller is a value added tax payer. The Seller shall send the tax document – invoice to the Buyer together with the dispatched goods, as well as in electronic form to the Buyer’s Email Address.  

4.10 According to the Act on Registration of Sales, the Seller shall issue to the Buyer a receipt. At the same time, the Seller shall register online the received sale with the tax administrator; in case of a technical failure, the registration shall be done latest within 48 hours.   

 

5. PURCHASE CONTRACT WITHDRAWAL

5.1 In case of the Purchase Contract conclusion by distance means of communication, the Buyer may withdraw from the Purchase Contract without giving a ground thereto within fourteen (14) days from the takeover of the goods. This right arises directly under law, namely under the provisions of Section 1829(1) of the Civil Code. The Seller provides to the Buyer a period for contract withdrawal longer than the statutory withdrawal period, namely thirty (30) days from the takeover of the goods. If several types of goods or delivery in several parts are the subject-matter of the Purchase Contract, the above time limit starts to run from the takeover of the last delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the above thirty-day time limit, including the goods which are the subject-matter of the Purchase Contract. The Buyer may use the online form at the website address here for withdrawal from the Purchase Contract. When the online form was not used, then a model form provided by the Seller can be used, which is attached to the Commercial Terms and Conditions. If neither form is used, the Seller recommends to the Buyer to provide the Order number, bank details and selected method of returning the goods in any communication with the Seller. The Buyer shall send the notice on withdrawal from the Purchase Contract:      

- in writing to the Seller’s address: Malotova 123, 763 02 Zlín, Czech Republic; or      
- in writing the Seller’s email address: info@woolville.com

5.2 The Buyer may not withdraw from the contract under the provisions of the preceding paragraph in cases specified by law. The Buyer acknowledges that pursuant to the provisions of Section § 1837 of the Civil Code, he may not withdraw from contracts for the supply of digital content which is not supplied on a tangible medium or from contract for the provision of services if they were performed with the Buyer’s prior express consent before the end of the time limit for withdrawal; as well as from contracts for the supply of services or goods (including alcoholic beverages) whose price depends on fluctuations of the financial market which are beyond the control of the Seller; contracts for the supply of goods which were customised or personalised for the Buyer; and contracts for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply, or which were unsealed after supply and are not suitable for return due to hygiene reasons; contracts for the supply of audio or video recordings or computer software whose original seal was unsealed after supply; contracts for the supply of newspapers, periodicals or magazines; contracts for accommodation, transport, catering or leisure activities where the performance is provided at a specific date; or contracts concluded at a public auction in accordance with the statute governing public auctions.

5.3 In case of withdrawal from the Purchase Contract according to Article 5.1 of the Commercial Terms and Conditions, the Purchase Contract is deemed null and void. The goods must be returned to the Seller within fourteen (14) days from the date of withdrawal from the contract by the Buyer (unless the goods were returned together with the written withdrawal notice). The goods must be returned complete, preferably (but not necessarily) in the original packaging.   The returned goods must not show any signs of wear and tear or damage. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the full cost of returning the goods to the Seller even in case that the goods by their nature cannot be normally returned by post. 

5.4 In case of withdrawal from the contract according to Article 5.1 of the Commercial Terms and Conditions, the Seller shall refund the money received from the Buyer without undue delay, however latest within fourteen (14) days from the Buyer’s withdrawal from the Purchase Contract, using the same method, in which the money was received by the Seller from the Buyer. The Seller may also return a payment provided by the Buyer already at the time of returning the goods by the Buyer or in any other method, provided that the Buyer agrees therewith and incurs no further costs thereby. The Buyer is entitled to a refund of the shipping costs of the goods in the amount of the cheapest offered option (if the Buyer selected a more expensive shipping method). If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to refund the received money to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.     

5.5 The time limit specified in Article 5.1. is provided to the Buyer for the purpose of the Buyer being able to become adequately acquainted with the nature, properties and functionalities of the goods. If the returned goods are damaged as a result of a breach of the Buyer’s obligation, the Seller may claim from the Buyer damages (the amount of the damages depends on the extent of the deterioration in the value of the goods). The Seller may unilaterally set off the claim for damages against the Buyer’s claim for the purchase price refund.  

5.6 It is possible to withdraw from the contract even before delivery of the goods by submitting an order cancellation letter. If the Order is cancelled before shipment of the goods started, the Order is cancelled for free. 

5.7 The Seller may withdraw from the contract before delivery of the goods if: 

- the Seller is unable to deliver the goods to the Buyer due to reasons on a third-party side within a reasonable time under the circumstances; or
- it transpires that the Buyer breached earlier concluded contract with the Seller.

5.8 If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition subsequent that the Buyer withdraws from the Purchase Contract, the gift agreement concerned becomes invalid and the Buyer is obliged to return to the Seller the gift together with the returned goods. If the Buyer fails to return such gift, such gift item shall be regarded as unjust enrichment. If the gift item is impossible to surrender to the Seller, the Seller shall be entitled to monetary compensation in the amount of the usual price of the gift item. 

Purchase Contract Withdrawal Form – Complaints, Exchange of Goods click: HERE

 

6. TRANSPORT AND DELIVERY OF GOODS

6.1 The Seller shall deliver the goods to the Buyer in their entirety. Goods listed in the E-Store as “in stock” shall be despatched by the Seller within 2 business days from the Order confirmation, however, latest within 15 days from the Order confirmation, unless the Seller offered later delivery time for particular goods or a particular Order.     

6.2 The risk of loss in the goods passes on the Buyer upon the goods takeover.     

6.3 If the transport mode has been agreed based on the Buyer’s special request, the Buyer shall bear the risk and additional costs, if any, incurred in connection with such transport mode.

6.4 If the Seller is obliged under the Purchase Contract to deliver the goods to a place designated by the Buyer in the Order, the Buyer shall take over of the goods on delivery of the goods.

6.5 If it is necessary to deliver the goods repeatedly or using a method other than agreed in the Order, the Buyer shall pay the costs incurred in connection with the repeated delivery of the goods or the costs incurred in connection with the other delivery method.

6.6 When taking over the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and if the Buyer discovers any defects, the Buyer shall immediately notify the carrier. In case of damage to the packaging showing signs of unauthorized tampering with the consignment, the Buyer shall not be obliged to take delivery of the consignment from the carrier.  

6.7 Further rights and obligations of the parties arising during transportation of the goods may be regulated by special delivery terms of the Seller, if the same have been issued by the Seller.  

     

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 The Seller warrants to the Buyer that the goods will be free from defects upon takeover. If the received goods show defects listed in the Complaints Handling Rules, such defects in the goods are defects, for which the Seller shall be liable. The Buyer may then assert against the Seller his legal rights from defects.      

7.2 Rights and obligations of the parties from defective performance are regulated by applicable generally binding legal regulations (namely by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).     

7.3 Rights from defective performance which the Buyer may assert against the Seller are specified in the Complaints Handling Rules of the Seller, which are attached to these Commercial Terms and Conditions.      

                                                  

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES, DISPUTE RESOLUTION 

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

8. 2The Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.

8.3 All oral and written information about fitness and suitability for intended use of the delivered goods is provided to the best of Seller’s knowledge. However, such information represents only experience and knowledge gained by the Seller himself or obtained from the manufacturer or the Seller’s supplier. This applies also to the online chat available at the web interface and through which a potential buyer may communicate with the Seller, as well as to events when a potential buyer writes an inquiry to the Seller through the web interface, which is sent from the form to the Seller’s email address.

8.4 The Seller handles consumer complaints via the email address info@woolville.com. Notification about the Buyer’s complaint resolution is sent by the Seller to the Buyer’s Email Address.

8.5 Supervision over performance of obligations arising from the Consumer Protection Act (No. 634/1992 Coll.) is exercised by the Czech Trade Inspection Authority (www.coi.cz). 

8.6 Under the Consumer Protection Act (No. 634/1992 Coll.), a Buyer, who is a consumer, has a right to out-of-court settlement of a consumer dispute arising from a purchase contract or contract for the provision of service. The entity competent to out-of-court settlement of consumer disputes arising from a purchase contract is the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID No.: 000 20 869, website: www.coi.cz. Out-of-court settlement of a consumer dispute may only be initiated upon a petition filed by a consumer and if the consumer failed to resolve the dispute directly with the Seller. The petition may be filed latest within 1 year after the date when the consumer for the first time asserted his right that is the subject-matter of the dispute. The consumer may open out-of-court settlement of a dispute online; the platform for filing the petition can be found at http://ec.europa.eu/consumers/odr.      

8.7 The Seller is authorized to carry out the sale of goods based on a trade license. Trade inspections are carried out by the competent trade licensing office within the scope of its authorisation. Supervision over personal data protection is carried out by the Office for Personal Data Protection.

 

9. PERSONAL DATA PROTECTION AND SENDING OF COMMERCIAL COMMUNICAITONS 

9.1 The controller of the data provided for the purposes of the contract performance is the Seller.

9.2 The Seller performs the duty to inform towards the Buyer according to Regulation (EU) 2016/679 of the European Parliament and of the Council 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) (hereinafter referred to as “GDPR”), with regard to the Buyer’s personal data processing for the purposes of the Purchase Contract performance, for the purposes of negotiations thereon and for the purposes of performance of the Seller’s duties to the public, by means of a separate document (Rules of Personal Data Protection and Processing).

 

10. DELIVERY OF CORRESPONDENCE

10.1 The Seller’s registered office address and the Buyer’s address specified in the Order are considered to be their respective mailing addresses for delivery of correspondence between the parties.

10.2 The Seller and the Buyer expressly agree that any correspondence can be delivered to them via their respective email addresses.

 

11. FINAL PROVISIONS

11.1 If a relationship established by the Purchase Contract contains an international (foreign) element, the parties have agreed that the relationship shall be governed by Czech law. Such a choice of law may not, however, have the result of depriving the Buyer, who is a consumer, of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.2 Should any of the provisions hereof be or become invalid or ineffective, such invalid or ineffective provision shall be replaced by a provision, the intent of which is as close as possible to that of the invalid or ineffective provision. The invalidity or ineffectiveness of such provision shall not affect the remaining provisions hereof. 

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

11.4 The Seller may at any time unilaterally change the Commercial Terms and Conditions, whereas the Commercial Terms and Conditions shall apply to the legal relationship between the Seller and the Buyer in the wording valid at the time of the Purchase Contract conclusion.

11.5 These Commercial Terms and Conditions include the following attachments: Complaints Handling Rules and Purchase Contract Withdrawal Model Form.

11.6 Seller’s contact details: 
- mailing address: Malotova 123, 760 01 Zlín, Czech Republic
- email address: info@woolville.com
- Tel.: + 420 226 258 800

 

These Commercial Terms and Conditions come into effect on 1.4.2022. 

Executive Director of Czech Wool company s.r.o.
 

Information on Consumer Rights

Our company Czech Wool company s.r.o., with registered office in Zlín, Zahradní 1297, Postal Code 763 05, Czech Republic, ID No.: 039 22 391, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Entry 87406, Tel.: +420 226 258 800, Email: info@woolville.com (hereinafter referred to as the “Company”) provides hereby to its potential customers who are in the position of consumers pursuant to Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “CC”) and who are negotiating with the Company for purposes of concluding a purchase contract, the subject-matter of which is the delivery and assembly, as the case may be, of goods ordered by the Buyer, the following information pursuant to Section 1811 et seq. of CC (hereinafter referred to as the “Information”).

 

Definition of terms:

- Consumer Contract means a contract where one party acts as a consumer and the other as an entrepreneur. 

- Consumer within the meaning of Section 419 of CC means any individual who, outside his trade, business, craft or profession, enters into a contract or has other dealings with an entrepreneur. 

- Entrepreneur within the meaning of Section 420 of CC means a person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit. For the purposes of consumer protection and for the purposes of Section 1963 of CC, any person entering into contracts concerning own commercial, manufacturing or similar activity or independent gainful activity, or a person acting in the name or on the account of the entrepreneur, is considered as an entrepreneur.

- Buyer for the purposes of this Information means a consumer entering into a purchase contract with the Company.

- Goods for the purposes of this Information means the subject-matter of the purchase contract.

If the Company and a Buyer enter into a purchase contract and the purchase contract contains provisions deviating from the provisions of this Information, the provisions contained in the purchase contract shall prevail. 


 I.

Identification and description of the main characteristics of the goods

1. Identification and description of the main characteristics of the goods are available for individual products at the Company website www.woolville.com in the Section “Products“, or through a reference link to other websites (manufacturer’s, distributor’s etc.). If a contract is concluded in any other manner (e.g. via email communication), identification and description of the main characteristics of the goods are included in the Company’s offer that is delivered to the Buyer (or sent to his email address) before the contract conclusion.


 II.

Price of the goods, manner of its calculation, including all taxes, fees or other similar monetary considerations  

1. The price of the goods corresponds to the price specified in the valid price list of the goods, which is available at and provided on request by the Company. 

2. In the event of exchange rate changes, significant inflation increase or substantial changes in the delivery terms and conditions of manufacturers and other suppliers of the goods, the Company reserves a right to adjust the prices at any time before the purchase contract conclusion. The price of the goods may further be adjusted if the Buyer demands different quality or quantity of the goods.  The Company shall inform the Buyer on a price change, as the case may be, before the purchase contract conclusion.

3. The price of the goods is always exclusive of the value added tax and taxes and fees, if any, as required by applicable legal regulations, as well as exclusive of the costs of delivery of the goods to the Buyer and costs incurred in connection with complaints of the goods, as the case may be. Such additional costs, taxes and fees will be added to the price of the goods after the contract conclusion.


 III.

Method of payment and manner of delivery or performance

1. The Buyer may pay for the goods to the Company in either of the following methods:  
- in cash at the Company’s business premises located at: Přímá 671, Zlín 760 01, Czech Republic;
- by cash on delivery at a place specified by the Buyer in the purchase order, or by the carrier;
- by bank transfer to the Company’s bank account no. 4277589389/0800, maintained by Česká spořitelna, a.s., IBAN: CZ25 0800 0000 0042 7758 9389; BIC/SWIFT: GIBACZPXXXX;
- by a payment card.

2. If the goods are ordered via email, the Buyer shall choose the payment method before placing a binding offer or before concluding the purchase contract.

3. The Company’s obligations under the purchase contract shall be performed at the Company’s business premises located at: Přímá 671, Zlín 760 01, Czech Republic, where the Buyer may take delivery of the purchased goods in person during the business hours from Monday to Sunday from 09:00 a.m. to 07:00 p.m., or at another address agreed beforehand with the Buyer; after agreement with the Buyer, the purchased goods may also be shipped by a carrier at the Buyer’s expenses to an address provided by the Buyer.

4. The payment method and manner of delivery or performance shall be chosen by the Buyer, whereas the chosen option may only be subsequently changed with the Company’s consent.  

5. Together with the price of the goods, the Buyer shall also pay to the Company the costs of packing and delivery of the goods in an amount specified in the Company’s valid price list. 


 IV.

Shipping costs and, if the costs cannot be determined in advance, an indication that the costs can be charged additionally

1. The shipping costs of goods ordered from the Company online shall be specified for individual shipping methods in the purchase order for the goods. The costs shall be charged to the Buyer depending on the Buyer selected shipping method. The Buyer shall select the shipping method, as well as the shipping costs, also in the event that the purchase contract is concluded in another way (e.g. via email). By selecting the shipping method, the Buyer at the same time agrees to pay the corresponding shipping costs for the goods delivery.   

2. If the amount of the costs cannot be determined in advance, the Company shall be entitled to charge the costs additionally pursuant to Section 1811(2)(e) of CC.

 

V.

Rights from defective performance, warranty rights and other conditions for the exercise of such rights  

A General provisions

1. In this Article V., the Company stipulates the process and conditions for exercising the right arising from defective performance, conditions for withdrawal from the contract and other issues relating to goods complaint handling if a reference is made to complaints in the contract. 

2. The conditions stipulated in this Article V. of this Information shall be binding on the Company and the Buyer upon the purchase contract conclusion and both parties undertake to observe the conditions. By concluding the purchase contract and taking delivery of the goods, the Buyer confirms that he has duly acquainted himself with the CTC and that he agrees with the wording of the CTC, the Company’s warranty terms and conditions, and undertakes to provide to the Company cooperation necessary for the complaint handling. Otherwise, the complaint handling periods shall be extended for a period of time equivalent to the number of days of delay with provision of the cooperation provision. 

3. For the purposes of this Information, the subject of a complaint means the goods under the concluded purchase contract. 

 

B Takeover of the goods

1. The Buyer shall inspect the goods with due care upon takeover of the goods. If the Buyer discovers defects in the goods, he shall claim the defects without undue delay after the defect is discovered or after the defect manifests itself. A delay with claiming a defect, as the case may be, may cause deterioration in value of the goods and may be a ground for rejecting the complaint. If the Buyer fails to carry out the inspection immediately after the risk of loss to the thing having passed on him, he may claim his right from defects only if he proves beyond a reasonable doubt that the defects were present in the goods already at the time of passage of the risk of loss.

 

C Quality of the goods upon takeover and the Company’s liability for defects in the goods 

1. Pursuant to Section 2095 of CC, the Company shall deliver the goods to the Buyer in the agreed quantity, quality and according to agreed specifications. If quality and specifications are not agreed on, the Company shall perform in a quality and according to specifications fit for the purpose arising from the contract, otherwise for purposes such goods are ordinarily used.

2. Pursuant to Section 2161(1) of CC, the Company warrants to the Buyer that the goods are free of defects and namely that on receipt of the goods by the Buyer:
- the goods possess characteristics agreed by the parties in the purchase contract and, in the absence of such agreement, characteristics described by the Company or manufacturer, or characteristics expected by the Buyer with regard to the nature of the goods; 
- the goods are fit for the purpose stated by the Company or for purposes such goods are ordinarily used;
- the goods are of satisfactory quality or match the agreed sample or model, if quality or specifications were agreed based on an agreed sample or model;
- the goods are in quantity, size or weight as specified in the purchase contract; 
- the goods comply with legal regulations.

3. If a defect occurs within six months of delivery, the goods shall be considered defective already at the time of its delivery. 

4. The Buyer may exercise the right from defects in consumer goods within twenty-four months of the goods delivery. If the goods, its packaging, instructions for use attached to the goods or an advertisement according to other legal regulations display the goods useful life, the provisions on quality warranty shall apply. The provisions of this Section shall not apply to:
- a defect in the goods sold at a lower price due to the defect for which the lower price was agreed;   
- wear and tear of the goods caused by its normal use; 
- to a defect in used goods corresponding to the extent of the use of the goods or its wear and tear upon taking delivery by the Buyer; or
- if it follows from the nature of the goods.

 

D Rights from defective performance

1. The goods are considered defective if they do not possess characteristics specified in Section C(1) of this Article, or if the Company delivers the wrong goods. Defects in documents necessary for the use of the goods are also considered as a defect.  

2. Pursuant to Section 2106 of CC, if a defective performance constitutes a fundamental breach of contract, the Buyer has the right to: 
a) removal of the defect by delivery of a new defect-free thing or by delivery of a missing thing;  
b) removal of the defect by means of repair of the thing;  
c) a reasonable reduction of the purchase price; or
d) withdraw from the contract.
The Buyer shall notify the Company of the right he has chosen upon the defect notification or without undue delay after the defect notification. The Buyer may only change the choice made with the Company’s consent; this shall not apply if the Buyer demanded a repair of a defect that proves to be irreparable. If the Company fails to remove the defects within a reasonable time-limit or notifies the Buyer that it will not remove the defects, the Buyer may, instead of having the defects removed, demand a reasonable reduction of the purchase price or withdraw from the contract. If the Buyer fails to make his choice of right in time, he shall have the rights specified in the following Section of this Article.

3. If the defective performance constitutes a non-fundamental breach of contract, the Buyer has a right to the defect removal or to a reasonable reduction of the purchase price. Until the Buyer asserts his right to a reduction of the purchase price or withdraws from the contract, the Company may deliver any missing part of the goods or remove a legal defect. The Company may remove other defects by repairing the thing or by delivering a new thing; the choice must not cause the Buyer to incur unreasonable expenses. If the Company fails to remove a defect in a thing timely or refuses to remove the defect, the Buyer may request a reduction of the purchase price or withdraw from the contract. The Buyer may only change the choice made with the Company’s consent.

4. The Buyer may not withdraw from the contract or demand delivery of a new thing if he cannot return the thing in the same condition in which he received it. This shall not apply if:
a) a change in the condition occurred as a result of an inspection carried out to find a defect in the thing;
b) the Buyer used the thing before the defect was discovered;
c) the Buyer did not cause the impossibility to return the thing in the same condition by his actions or omission; or 
d) the Buyer sold the thing before the defect discovery, consumed it or altered the thing in the course of its normal use; if it occurred only partially, the Buyer shall return to the Company what he can still return and shall compensate the Company in the amount of the benefit he enjoyed as a result of the use of the thing.

5. If the Buyer fails to notify a defect in a thing timely, he shall lose the right of withdrawal from the contract.

6. If the goods do not possess characteristics specified in Section C(2) upon their receipt by the Buyer, the Buyer has also the right to delivery of new defect-free goods, unless it being unreasonable in view of the nature of the defect. If the defect occurs only in a part of the goods, the Buyer may request replacement of only such part; if it is impossible, the Buyer may withdraw from the purchase contract and claim full refund of the purchase price. However, if it is inadequate in view of the nature of the defect, namely if the defect can be removed without undue delay, the Buyer has a right to have the defect removed gratuitously. The Buyer has a right to delivery of new goods or replacement of a defective part of the goods also in case of an irremovable defect to the extent that the Buyer cannot properly use the goods due to recurring defects after a repair or due to multiple defects. In such case, the Buyer has also the right to withdraw from the contract.

7. If the Buyer has not withdrawn from the purchase contract or has not asserted the right to delivery of new defect-free goods, replacement of the defective parts of the goods or a repair, he may claim reasonable reduction of the purchase price. The Buyer has a right to a reasonable reduction of the purchase price also where the Company is unable to deliver to the Buyer new defect-free goods, replace the defective part of the goods or repair the goods, as well as where the Company fails to provide for a remedy within a reasonable period of time or where such remedy would cause the Buyer substantial difficulties.

8. If the goods have a defect which creates an obligation for the Company and if it involves goods sold for a lower price or used goods, the Buyer has the right to a reasonable price reduction instead of the right to have the goods replaced.

9. The Buyer may not assert the right from defective performance if the Buyer was aware of the goods having a defect prior to taking delivery of the goods, or if the Buyer himself caused the defect.

 

E Place and manner of complaint handling 

1. Rights arising from a defect may be asserted in writing with the Company, namely using the form available at the Company’s website (see the link here), or in person at the Company’s address where complaints and requests for replacement of the goods can be lodged:  Malotova 123, Zlín 760 01, Czech Republic, or via email at: info@woolville.com (any of the above methods shall be hereinafter referred to as “making the complaint”). If the Buyer made a complaint, the Company shall without delay issue a written confirmation to the Buyer stating the date when the right to a complaint was asserted, description of the claimed defect and the manner of and deadline for the complaint settlement. 

2. The Buyer may evidence the purchase of the goods by a purchase contract, hand-over report or delivery note, which prove that the claimed goods were delivered by the Company, and/or in any other credible manner. The defect about which the is made complaint shall be clearly and as accurately as possible specified in writing in the complaint report, namely by describing the defect and how it manifests itself.

 

F Complaints resolution

1. The Company shall handle a complaint immediately or, in more complex cases, within 3 business days of making the complaint. This time-limit shall not include the time necessary for expert evaluation of the defect.   

2. The Company shall resolve a complaint without undue delay, however, latest within 30 calendar days of the date of making the complaint. In view of the Company’s complaint evaluation technology procedure, the Company and the Buyer have agreed that this time-limit may be extended by another 30 calendar days. Expiry of the time-limit shall be regarded as a fundamental breach of contract.  

3. The Company and the Buyer have further agreed on extension of the above time-limits by a necessary period of time in cases when:
a) in view of the nature of the defect, or the place where it occurred, it is impossible to safely perform all measures aimed at settling the legitimate claim (other work is carried out at the place where the defect occurred, which prevent meeting the deadline etc.);
b) the Buyer fails to provide cooperation and it is impossible to perform all measures aimed at settling the legitimate defect claim, or the Buyer fails to provide access to premises where the works aimed at removing the defect are to be carried out;
c) it is impossible to start performing the measures within the complaint procedure due to unforeseeable Force Majeure circumstances.
In such cases when all necessary measures within the complaint handling procedure cannot be performed, the Company shall not be regarded in delay with the complaint settling and such period of time shall not be counted in the above deadlines.  

4. A complaint resolution involves also notification of the Buyer about the outcome of the complaint procedure. The Company shall, therefore, notify the Buyer within a statutory period (unless a longer period has been agreed) about the manner of the complaint resolution. The Company may use any technical means and form for such notification (email, telephone, SMS etc.).  

5. The Buyer may only change the chosen manner of complaint resolution with the Company’s consent, except for situations when the manner of complaint resolution chosen by the Buyer is impossible to implement at all or cannot be implemented in time.


 VI.

Contract withdrawal by the Buyer

1. If the purchase contract was concluded away from the Company’s business premises or by means of distance communication (e.g. Internet), the Buyer has a right to withdraw from the purchase contract within fourteen days of taking delivery of the goods. If the subject-matter of the purchase contract is delivery of several types of goods or delivery in several parts, the withdrawal period starts to run from the day of receipt of the last delivery of the goods. If the subject-matter of the purchase contract is regular repeated delivery of the goods, the withdrawal period starts to run from day of receipt of the first delivery of the goods.

2. The Buyer shall send the withdrawal notice to the Company in writing (i.e. using also the contract withdrawal form which is available at: www.woolville.com) either to the Company’s registered office address or via email to: info@woolville.com 

3. If the Buyer withdraws from the contract according to Section 1 of this Article, the Buyer shall send or hand over to the Company without undue delay, however, latest within fourteen days of the contract withdrawal, the goods received from the Company.

4. If the Buyer withdraws from the contract according to Section 1 of this Article, the Buyer shall reimburse the Company for any costs associated with the return of the goods, and if the purchase contract was concluded by means of distance communication, for any costs of returning the goods which by their nature cannot normally be returned by post.  

5. If the Buyer withdraws from the purchase contract, the Company shall refund to the Buyer without undue delay, however, latest within fourteen days of withdrawal from the purchase contract, all money, including the shipping cost, received from the Buyer under the contract, and shall use the same method in which the money was received from the Buyer. The Company may refund the received money to the Buyer in a different method only if the Buyer agreed therewith and if it does not result in the Buyer incurring further expenses. If the Buyer chose other than the cheapest method of shipping the goods offered by the Company, the Company shall refund to the Buyer the shipping cost in an amount corresponding to the cheapest offered method of shipping the goods. 

6. If the Buyer withdraws from the purchase contract, the Company shall not be obliged to refund the received money to the Buyer before the Buyer delivers the goods to the Company or proves that the goods was sent to the Company.

7. The Buyer shall only be liable to the Company for reduction in value of the goods as a result of handling of the goods in a manner other than which is necessary with regard their nature and characteristics.  

8. The Company shall, at its own expenses, take over the goods from the Buyer at the Buyer’s household if the Buyer withdraws from a purchase contract concluded away from the Company’s business premises, the goods were delivered to the Buyer’s household at the time of the contract conclusion and the goods by their nature cannot normally be returned by post.

9. The Buyer may not, however, withdraw from the purchase contract as specified in Section 1 of this Article if the subject-matter of the purchase contract is:
a) supply of goods, whose price depends on fluctuations on the financial market which are beyond the control of the Company and which may occur during the time-limit for withdrawal from the contract;  
b) supply of alcoholic beverages which can only be supplied after thirty days and whose price depends on fluctuations of the financial market which are beyond the control of the Company; 
c) supply of goods which were customised or personalised to the Buyer’s needs;
d) supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after delivery; 
e) repair or maintenance carried out at a place designated by the Buyer at his request; this shall, however, not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts;  
f) supply of sealed goods which were unsealed by the Buyer after delivery and which are not suitable for return due to hygiene reasons;  
g) supply of audio or video recordings or computer software, the original seal was unsealed by the Buyer after delivery; 
h) supply of newspapers, periodicals or magazines;
i) supply of digital content which is not provided on a tangible medium if it was supplied with the prior written consent of the Buyer before the time-limit for withdrawal and the Company informed the Buyer before concluding the contract that the Buyer shall in such case lose his right of withdrawal;  
j)supply of food, beverages or other fast-moving consumer goods supplied at the Buyer’s household or at another place designated by the Buyer; 
k) concluded at a public auction in accordance with the act regulating public auctions.  


 VII.

Cost of means of distance communication

1. The Company shall not charge the Buyer any cost of the means of distance communication. The Buyer may, however, be charged the cost of the means of distance communication at a rate determined by the Buyer’s provider of distance communication services.


 VIII.

Information on out-of-court settlement of consumer disputes, information on personal data processing 

1. In case of a dispute arising between the Buyer and the Company under the purchase contract, which the parties fail to resolve by mutual agreement, the Buyer may file a petition seeking out-of-court settlement of such dispute with a designated entity of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, Czech Republic, Email: adr@coi.cz, web: www.adr.coi.cz, which is at the same time a state supervisory body. The Buyer may also use the European Online Dispute Resolution Platform provided by the European Commission at http://ec.europa.eu/consumers/odr/.

2. The Company is entitled to process the Buyer’s personal data collected in connection with the creation, duration and termination of the purchase contract. For the purposes of the purchase contract, the Buyer’s personal data processing means namely collecting, use, storage, storing data items on data carriers, adaptation or alteration, restriction or destruction of the Buyer’s personal data. The Buyer can access the information concerning personal data protection in connection with the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter referred to as „GDPR“) and concerning the introduction of measure to ensure compliance of the Company’s procedures with GDPR and related legal regulations governing personal data protection at the website (direct link). The Buyer has been acquainted with such information (Rules of Personal Data Protection and Processing) prior to the purchase contract conclusion.


 IX.

Information provided in connection with contract conclusion using electronic means

1. The Company hereby informs the consumer that the concluded purchase contract will be deposited at the Company’s registered office. In order that the consumer may inspect the concluded purchase contract, he needs to first of all send a written request for access to the contract to the Company’s registered office address or via email to the Company’s email address: info@woolville.com 

2. The technical steps leading to conclusion of the purchase contract are the following:
- The Buyer completes his contact information in the contact form appearing next to the selected goods in the Section “Products” on the website www.woolville.com, then he writes a short message confirming his interest in the type of goods concerned and submits the demand for the goods concerned by clicking the button “Send”; 
- The seller sends to the Buyer’s contact email, which the Buyer completed in the contact form, an offer with the price of the goods concerned;  
- The Buyer confirms to the seller via email that he accepts the offer. 

3. The purchase contract may also be concluded in written form, or by telephone, when the parties agree all essential elements of the contract.  

4. Date entry mistakes made prior to placing an order can be identified by sending an inquiry to the email address info@woolville.com; such mistakes can be corrected latest within seven (7) days of placing the order.

5. The Company is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Commercial Code.

Complaints Handling Rules

Czech Wool company s.r.o.
ID No.: 039 22 391
Tax ID No.: CZ03922391
with registered office at Zahradní 1297, 763 02 Zlín, Czech Republic
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Entry 87406
 

Article I.
General Provisions

1. These Complaints Handling Rules (hereinafter referred to as the “Complaints Handling Rules”) of Czech Wool company s.r.o., ID No.: 039 22 391, Tax ID No.: CZ03922391, with registered office at Zahradní 1297, 763 02 Zlín, Czech Republic (hereinafter referred to as the “Seller” or “Czech Wool company“) govern the procedure for asserting rights arising from defective performance, conditions for asserting the rights, conditions of contract withdrawal and other issues relating to complaints handling provided that a reference is made thereto in the Commercial Terms and Conditions dated 1.4.2022 (hereinafter referred to as “CTC”), which form an integral part of the purchase contract (hereinafter referred to as the “Contract”). The Complaints Handling Rules were prepared in compliance with the provisions of Section 2079 et seq. of Act No. 89/2012 Coll., Civil Code, as amended, and apply to all products and goods which were purchased by the buyer under a concluded purchase contract in the online store at the website www.woolville.com (hereinafter referred to as the “E-Store”) and in respect of which a complaint was duly made.

2. These Complaints Handling Rules regulate the rights and obligations arising from defective performance to buyers who act as buyers who are consumers in relationships with the Seller, as is specified in CTC. A buyer who is the consumer and who complies with the requirements specified in Articles 1.1 and 1.2 of CTC shall be hereinafter referred to as the “Buyer”.

3. Upon the Contract conclusion, these Complaints Handling Rules shall be binding on the Seller and the Buyer and both parties undertake to follow the same. By concluding and receiving the Contract, the Buyer confirms that he has duly acquainted himself with the Complaints Handling Rules and at the same time agrees with the wording of the Complaints Handling Rules, the Seller’s warranty terms and conditions, and undertakes to provide to the Seller cooperation necessary for handling the complaint.

4. For the purposes of the Complaints Handling Rules, a complaint shall mean goods which was the subject of the purchase under the concluded Contract (hereinafter referred to as the “Goods”).


Article II.
Takeover of Goods

1. The Buyer shall inspect the Goods with due care upon their takeover. If the Buyer discovers a defect in the Goods, he shall claim the defect without undue delay after the defect discovery or after the defect manifests itself. A delay in submitting a complaint about the subject of the purchase may result in deterioration in value of the subject of the purchase and may represent a ground for rejecting the complaint. If the Buyer omits to carry out the inspection (or fails to arrange for an inspection of the subject of the purchase to be carried out) immediately after the risk of loss to a thing passes on the Buyer, the Buyer may assert the right from defects only if he proves beyond reasonable doubt that the defects were present in the Goods already at the time of passage of the risk of loss. 


Article III.
Quality upon Receipt and Seller’s Liability for Defects

1. The Seller warrants to the Buyer that the Goods will be free from defects.

2. The Goods shall be regarded as free from defects when at the time of the Goods receipt by the Buyer:
a) the Goods possess characteristics agreed by the parties in the Contract and, in the absence of such agreement, characteristics described by the Seller or manufacturer, or which the Buyer expected in view of the nature of the subject of the purchase;  
b) the Goods are fit for the purpose, for which the use of the Goods has been determined by the Seller, or for which the Goods of the same type are normally used; 
c) the Goods are of satisfactory quality or match the agreed sample or model, if quality or specifications were agreed based on an agreed sample or model;
d) the Goods are in quantity, size or weight as specified in the Contract; and 
e) the Goods comply with legal regulations.

3. If the received Goods show defects, the Seller shall be liable for such defects in the Goods. The Buyer may then assert legal rights from defects against the Seller.

4. Latest within twenty-four (24) months of the receipt of the Goods (hereinafter referred to as the “Warranty Period”), the Buyer may at his own discretion request from the Seller either gratuitous removal of the defect or reasonable reduction of the purchase price. Unless it being unreasonable in view of the nature of the defect (namely if the defect cannot be removed without undue delay), the Buyer may request delivery of a new thing free from defects or a new part free from defects if the defect occurs only in such part. If a repair or replacement of the Goods is impossible, the Buyer may demand full refund of the purchase price based on withdrawal from the Contract.

5. If a defect occurs within six months of the receipt of the Goods, the Goods shall be considered defective already at the time of their receipt. 

6. The Seller is not obliged to satisfy the Buyer’s demand based on the right from defective performance if the Seller proves that the Buyer was aware of the defect in the Goods before takeover of the Goods, or that the defect was caused by the Buyer himself. The Buyer further acknowledges that the Seller is not liable for defects occurring due to normal wear and tear of the Goods or due to noncompliance with the instructions for use.  

7. If defects occur in the Goods upon receipt, the Buyer has also a right to delivery of new Goods free from defects, unless it being unreasonable with regard to the nature of the defect. If the defect occurs only in a part of the Goods, the Buyer may demand only the defective part replacement; if it is impossible, the Buyer may withdraw from the Contract and claim full refund of the purchase price. However, if it is inadequate in view of the nature of the defect, namely if the defect can be removed without undue delay, the Buyer has a right to have the defect removed gratuitously. The Buyer has a right to delivery of new Goods or replacement of a defective part of the Goods also in case of an irremovable defect to the extent that the Buyer cannot properly use the Goods due to recurring defects after a repair or due to multiple defects. In such case, the Buyer has also a right to withdraw from the Contract. 

8. If the Buyer has not withdrawn from the Contract new or has not asserted the right to delivery of new defect-free Goods, replacement of the defective parts of the Goods or a repair, the Buyer may claim reasonable reduction of the purchase price. The Buyer has a right to a reasonable reduction of the purchase price also where the Seller is unable to deliver to the Buyer new defect-free Goods, replace the defective part of the Goods or repair the Goods, as well as where the Seller fails to provide for a remedy within a reasonable time limit or where such remedy would cause the Buyer substantial difficulties.


Article IV.
Place and Manner of Complaint Handling

1. The Buyer shall submit a complaint in writing, namely using the form available at the Company’s website (see the link here), or in person at the Company’s address where complaints and requests for replacement of the Goods can be lodged:  Malotova 123, Zlín 760 01, Czech Republic, or via email at: info@woolville.com.

2. The Buyer may evidence the purchase of the Goods by a Contract or invoice, which prove that the claimed Goods were sold by the Seller, and/or in any other credible manner. The defect about which the complaint is made shall be clearly and as accurately as possible specified, including description of the defect and how the defect manifests itself. The Buyer and the Seller agree that when asserting rights from defects, an online form available at the website (the online form to be completed) shall be completed by the Buyer, or other similar form containing specification of the Goods and defects in the Goods shall be drawn-up by the Buyer, instead of a complaint report. 

3. If the Buyer submits a complaint, the Seller shall issue to the Buyer without delay a written confirmation stating when the right to a complaint was asserted, the nature of the claimed defect and the manner of resolving the complaint.  

 

Article V.
Time-Limits for Filing a Complaint

1. A Buyer who is the consumer may assert his rights from defects occurring in the subject of the purchase within the Warranty Period set at 24 months of the receipt of the Goods. As regards used Goods, the time limit for asserting the rights from defective performance may be shortened to 12 months; such shortened time limit shall be marked by the Seller in the confirmation of obligations arising from defective performance or in the sales receipt.   

2. If a complaint is resolved by the replacement of individual parts of the subject of the purchase, no new period starts to run and the period running at the time of the receipt of the original subject of the purchase by the Buyer shall be apply. 

 

Article VI.
Rights from Defective Performance

1. The provisions of Article III shall not apply if:
a) the Goods have a defect, due to which a lower price was agreed; 
b) the wear and tear of the Goods is caused by ordinary use of the Goods;
c) the defect in the Goods is a result of activities of the Buyer or persons using the Goods jointly with the Buyer;
d) the Goods are used, and the defect occurring in the Goods corresponds to the extent of their use or wear and tear;   
e) the defect occurred in the Goods at the time of their receipt by the Buyer;  
f) the Goods were completely destroyed in a traffic accident that occurred during shipment of the Goods to the Buyer;  
g) the nature of the Goods so implies.

2. The Seller is liable for defects occurring in the Goods within the Warranty Period (and/or within the useful life guaranteed on the packaging of the Goods or in an advertisement for the Goods). Defects in the Goods are classified according to whether they cause material or non-material breach of the Contract. A material breach shall mean a breach of the Contract, in respect of which the breaching party knew or must have known at the time of the Contract conclusion that such defect would prevent the other party from concluding the Contract if the other party had foreseen such a breach.  

3. If the Goods have a defect that causes material breach of the Contract, the Buyer has a right to demand:
a) removal of the defect by delivery of a new defect-free thing or by delivery of a missing thing;
b) removal of the defect by means of a gratuitous repair;
c) a reasonable reduction of the purchase price; or
d) refund of the purchase price in connection with withdrawal from the Contract.  

4. The Buyer shall notify the Seller of the right he has chosen upon the defect notification or without undue delay after the defect notification. The Buyer may only change the choice made with the Seller’s consent. This shall not apply if the Buyer demands a repair of a defect that proves to be irreparable. If the Seller fails to remove the defects within a reasonable time limit or notifies the Buyer that he will not remove the defects, the Buyer may, instead of having the defects removed, demand a reasonable reduction of the purchase price or withdraw from the Contract. 

5. If the defective performance constitutes a nonmaterial breach of the Contract, the Buyer has a right to: 
a) the defect removal; or  
b) a reasonable reduction of the purchase price. 
Until the Buyer asserts his right to a reduction of the purchase price or withdraws from the Contract, the Seller may deliver any missing part of the Goods or remove a legal defect. The Seller may at his own discretion remove other defects by repairing the thing or by delivering a new thing; the choice must not cause the Buyer to incur unreasonable expenses. If the Seller fails to remove a defect in a thing timely or refuses to remove the defect, the Buyer may demand a reduction of the purchase price or withdraw from the Contract. The Buyer may only change the choice made with the Seller’s consent.  

6. The Buyer loses the right to withdraw from the Contract if he fails to timely notify the defect. The Buyer may not withdraw from the Contract or demand delivery of new Goods if he cannot return the Goods in the same condition in which he received them. The second sentence of this provision shall not apply if: 
a) a change in the condition occurred as a result of an inspection carried out to find a defect in the Goods; 
b) the Buyer used the Goods before the defect in the Goods was discovered; 
c) the Buyer did not cause the impossibility to return the thing in the same condition by his actions or omission. 

7. If a defect in the Goods was resolved by delivery of new Goods to the Buyer, the Buyer shall return to the Seller the originally delivered thing at the Seller’s expenses.   

8. The Buyer has not the right arising from defective performance if the Buyer knew about the defect in the subject of the purchase and/or caused the defect in the Goods himself by not having followed procedures and/or binding recommendations of the Seller and/or the Goods was tampered with and damaged by the Buyer. Moreover, the Buyer has not the right arising from defective performance if:
a) the defect occurs in the Goods at the time of receipt and a reduction of the purchase price was agreed due to such defect, or the Goods were purchased as used;
b) the defect was caused by unprofessional and/or incorrect installation, operation, maintenance, use or negligent care of the Goods;  
c) the defect in the Goods was caused by wear and tear caused by ordinary use, or because of the nature of the subject of the purchase itself;  
d) the Goods are used Goods and the defects correspond to the extent of use or wear and tear present in the Goods before it was taken over by the Buyer; 
e) the Goods experienced mechanical damage;  
f) the Goods were damaged by overuse or incorrect use;   
g) the defect in the Goods was claimed already in the past, provided that a reasonable reduction of the purchase price of the delivered Goods was granted due to defect.

 

Article VII.
Complaint Resolution

1. The Seller or person authorized by the Seller shall handle the complaint immediately or, in more complex cases, within three (3) business days of making the complaint. This time limit shall not include the time necessary for expert evaluation of the defect. 

2. The Seller shall resolve the complaint without undue delay, however, latest within thirty (30) calendar days of the date of making the complaint. This time-limit shall not include the time for expert evaluation of the defect necessary for respective types of products or services. The Seller and the Buyer have agreed that if the Goods are delivered to the Seller only after the Buyer makes the complaint, the period during which the Goods were not delivered to the Seller shall not be counted in the limitation period specified in the first sentence of this paragraph. 

3. The provisions of the preceding paragraph shall not exclude the possibility that the Seller and Buyer may agree on a case-by-case basis on extension of the time limit for the complaint resolution. 

4. The complaint resolution involves also notification of the Buyer about the outcome of the complaint procedure. The Company shall, therefore, notify the Buyer within a statutory period (unless a longer period has been agreed) about the manner of the complaint settling. The Company may use any technical means and form for such notification (email, telephone, SMS etc.).

5. After the lapse of the time limit for the complaint resolution, the Buyer shall have the same rights as if the defect was an irremovable defect.

6. The Buyer may only change the chosen manner of complaint resolution with the Seller’s consent, except for situations when the manner of complaint resolution chosen by the Buyer is impossible to implement at all or cannot be implemented in time.

 

Article VIII.
Final Provisions

1. In case of variances between the provisions of the Contract and the Complaints Handling Rules, the provisions of the Contract shall prevail.

2. In matters not regulated by the Complaints Handling Rules, the provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “CC”) shall apply. 

3. In accordance with the provisions of Section 1820(1)(j) of CC and Sections 14 and 20e of Act No. 634/1992 Coll., on Consumer Protection, the Seller informs that the consumer making the purchase has a right to out-of-court settlement of a consumer dispute arising from the Contract. The entity of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (www.coi.cz). It handles out-of-court consumer complaints in a manner and under conditions laid down in applicable legal regulations.  

4. These Complaints Handling Rules come into force and effect on 1.4.2022. The Seller reserves a right to amendments these Complaints Handling Rules in compliance with valid legal regulations.  


 

In Zlín on 1.4.2022
Executive Director of Czech Wool company s.r.o.

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