General Terms and Conditions

General terms and conditions

I. Basic provisions

  1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only "Civil Code")

    • Izzy Partners s.r.o.

    • IČO: 09188029

    • TIN: CZ09188029

    • based at: Tiskařská 599/12, Prague 10, 108 00

    • registered at the regional court in Ostrava, section C, insert 82322

    • contact details:
      email:       hello@izzysmoke.cz
      phone: +420 608 086 555
      www.izzysmoke.com

    (hereinafter referred to as "seller")
  2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the "buyer") through the web interface located on the website page available at the internet address izzysmoke.com (hereinafter the "online store").
  3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
  4. These terms and conditions and the purchase contract are concluded in the Czech language.

    • II. Information about goods and prices

      1. Information about the goods, including the prices of the individual goods and their main features, are given for the individual goods in the catalog of the online store. The prices of goods are listed including value added tax. The prices include all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
      2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.
      3. In the online store, information about the costs associated with packaging and delivery of goods is published. Information on the costs associated with packaging and delivery of goods listed in the online store only applies to cases where the goods are delivered within the territory of the Czech Republic and Slovakia.
      4. Any discounts with the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

    • III. Order and conclusion of purchase contract

      1. Costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
      2. The buyer orders the goods in the following way:
        1. through your customer account, if you have previously registered with age verification or ID number in the online store.
    • When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
    • Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the order button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that he has familiarized himself with these terms and conditions.
    • Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
    • If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
    • All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.
    • In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

    • IV. Customer Account

      1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. Registration is mandatory for age verification.
      2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
      3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
      4. The buyer is not authorized to allow third parties to use the customer account.
      5. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
      6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

    • V. Terms of payment and delivery of goods

      1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
        1. by cashless transfer to the seller's bank account No. 1000918/5500., held at Raiffeisenbank a.s..
        2. cashless by payment card
        3. using PayPal
        4. in cash upon personal collection at the points of sale
    • Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
    • In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
    • In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
    • In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
    • The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
    • According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, within 48 hours at the latest
    • The goods are delivered to the buyer:
      1. to the address specified by the buyer in the order
      2. through the delivery office to the delivery address specified by the buyer,
      3. by personal collection at the seller's counters
    • The choice of delivery method is made during the ordering of goods.
    • Costs for the delivery of the goods, depending on the method of sending and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. In the event that the method of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
    • If, according to 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 over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
    • When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the package is found to be damaged, indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
    • The seller issues a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's email address.
    • The buyer acquires title to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

    • VI. Withdrawal from the contract

      1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
      2. The deadline for withdrawing from the contract is 14 days
        1. from the day of receipt of the goods,
        2. from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
        3. from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
    • The buyer cannot, among other things, withdraw from the purchase contract:
      1. the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
      2. on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
      3. on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
      4. delivery of goods in closed packaging, which the buyer has removed from the packaging and for reasons of hygiene it is not possible to return it,
      5. in other cases specified in §1837 of the Civil Code.
        1. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
        2. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
        3. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
        4. If the buyer withdraws from the contract, the seller will immediately, but no later than 14 days after withdrawing from the contract, return all funds, including delivery costs, that he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
        5. If the buyer has chosen a different method of delivery than the cheapest method offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
        6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
        7. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
        8. If, according to 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 over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
        9. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the package is found to be damaged, indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
        10. The seller issues a tax document - an invoice - to the buyer. The tax receipt is sent to the buyer's email address.
        11. The buyer acquires title to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

    • VI. Withdrawal from the contract

      1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
      2. The deadline for withdrawing from the contract is 14 days
        1. from the day of receipt of the goods,
        2. from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
        3. from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
    • The buyer cannot, among other things, withdraw from the purchase contract:
      1. the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
      2. on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
      3. on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
      4. delivery of goods in closed packaging, which the buyer has removed from the packaging and for reasons of hygiene it is not possible to return it,
      5. in other cases specified in §1837 of the Civil Code.
        1. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
        2. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
        3. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
        4. If the buyer withdraws from the contract, the seller will immediately, but no later than 14 days after withdrawing from the contract, return all funds, including delivery costs, that he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
        5. If the buyer has chosen a different method of delivery than the cheapest method offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
        6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
        7. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
        8. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

    • IX. Out-of-court settlement of disputes

      1. The Czech Trade Inspection is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz /cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
      2. European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).< /li>
      3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.

    • X. Final Provisions

      1. All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights resulting from generally binding legal regulations.
      2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
      3. All rights to the seller's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
      4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
      5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
      6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
      7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
      8. A model form for withdrawing from the contract is attached to the terms and conditions.

    • These terms and conditions take effect on January 26, 2022

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