Terms & Conditions

These General Terms and Conditions (the “ Terms ”) govern the rights and obligations of You, as Buyers, and Us as Sellers under the E-shop at www.wandyhookah.com.

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found at www.wandyhookah.com/privacy.

As you know, we communicate primarily at a distance. Therefore, it also applies to our Agreement that means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of Us and You.

If any part of the Terms contradicts what we have jointly agreed upon as part of your purchase process on our E-shop, this particular agreement will take precedence over the Terms.

SOME DEFINITIONS

  • Price is the amount you will pay for the Goods;
  • Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packing;
  • Total Cost is the sum of Price and Shipping Cost;
  • VAT is value added tax in accordance with applicable law;
  • E-shop is an online store operated by Us at www.wandyhookah.com , where purchase the Goods;
  • Invoice is a tax document issued in accordance with the Total Value Added Tax Act;
  • We are Wandy Hookah s.r.o. , with its registered office at Senovážné náměstí 978/23, Nové Město, 110 00 Prague 1, ID number 07325070, entered in the Commercial Register under file no. No. C 299182 / MSF filed at the Municipal Court in Prague, e-mailinfo@wandyhookah.cz , telephone number +420 722 020 209 legally referred to as the seller;
  • Order is your irrevocable proposal to enter into a Purchase Agreement with Us;
  • Agreement is a purchase agreement based on a duly completed Order sent through the E-shop, and is entered into when you receive an Order Confirmation from Us;
  • User Account is an account established on the basis of the data provided by you, which enables the storage of the entered data and the storage of the history of the ordered Goods and concluded Contracts;
  • You are the person purchasing on our E-shop, referred to by law as the buyer;
  • Goods is all you can buy on the E-shop.

GENERAL PROVISIONS AND LESSONS

  • The purchase of the Goods is only possible via the E-shop web interface.
  • When purchasing the Goods, it is your responsibility to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us when ordering the Goods to be correct and true.
  • In some cases, we allow you to take advantage of a discount on the purchase of the Goods. To provide a discount, you must fill in the details of this discount in the specified coupon field within the Order proposal. If you do so, the Goods will be provided at a discount.

USER ACCOUNT

  • Based on your registration in the E-shop, you can access your User Account.
  • When registering a User Account, it is your responsibility to provide all entered information correctly and truthfully and to update it in the event of a change.
  • Access to the User Account is secured by username and password. It is your responsibility to maintain confidentiality and not provide this information to anyone regarding these access points. In the event of their misuse, we accept no responsibility for it.
  • The user account is personal, so you are not authorized to use it by third parties.
  • We may terminate your User Account, especially if you do not use it or if you breach your obligations under the Agreement.
  • The user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software.

PRICE AND PAYMENT TERMS, PROPERTY RESERVATION

  • The price is always stated in the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be the same as the price in the Contract. The draft Order also states the Price for transport, or the conditions when the transport is free.
  • The total price includes VAT, including any statutory fees.
  • Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, in other cases it is paid at the time of payment.

PAYMENT METHODS

  • Cash payment - In person
  • Transfer to account based on proforma invoice - proforma invoice will be sent to your email, goods are shipped after payment is credited to our account
  • cash on delivery - upon receipt of the goods from the courier
  • ePayment - ePayment redirects you to your bank's online banking. Send the Payment via internet banking. The goods will be shipped immediately upon receipt of confirmation of payment. Money transfers are made through the account of ComGate Payments, a.s ..

Sensitive input data that you enter into the internet banking system is protected by bank payment gateways and does not enter the environment of third parties. Payment processors only see the transaction information that the bank provides with the submitted transaction.

By concluding the purchase contract, the buyer gives the seller consent to the processing of his contact details until his written expression of disagreement with this processing. The contact information provided by the buyer when ordering is for our sole use and will not be provided to other entities except payment processors.

The tax document for the delivered goods is handed over to the buyer together with the goods.

You can choose a specific delivery, acceptance, and payment method when placing your order.

DELIVERY OF GOODS, TRANSFER OF DAMAGES

  • The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
    • Personal collection at our WoodHouse Lounge, Vinohradská 1215/35, Prague, 120 00
    • Personal collection at delivery points of the company Zásilkovna;
    • Delivery via the transport company Zásilkovna;
  • Goods can only be delivered within the Czech Republic and Slovakia.
  • Delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of collecting the Goods via e-mail.
  • 6.5. In the event that you breach your obligation to take over the Goods, except in cases pursuant to Article 6.4 of the Conditions, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Agreement between Us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal. Withdrawal from the Contract does not affect the right to payment of the Price for transport, or the right to compensation for damage, if any.
  • We will send payment details to pay these costs to your e-mail address specified in the Agreement and are due 14 days after delivery of the e-mail.
    • 6.4 Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods.

DEFECTIVE RIGHTS

  • We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Conditions, the Goods are free of defects, in particular that:
  • you can notify us of such a defect and exercise your rights from defective performance (ie claim the Goods) by sending an e-mail or letter to our addresses listed in our identification data. For complaints, you can also use the sample form provided by Our side, which forms Annex No. 1 to the Conditions. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot subsequently change this choice, except in the cases pursuant to Article 7.3, without Our consent. We will handle the complaint in accordance with the right you have exercised from the defective performance. In the event that you do not choose the solution of the defect, you have the rights specified in Article 7.4 even in situations where the defective performance was a material breach of the Contract.

If you choose a solution under points a) or b) and We do not eliminate the defect within the reasonable period we have stated, or we inform you that we will not eliminate the defect at all in this way, you have the rights under points c) and d), i if you did not originally request them as part of the complaint. At the same time, if you choose to rectify the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another method of rectifying the defect.

However, if we do not rectify the defect in time or refuse to rectify the defect, you have the right to withdraw from the Agreement. You may also withdraw if you are unable to use the Goods properly due to the recurrence of defects after the repair of the Goods or in the event of a large number of defects of the Goods.

  • If you are an entrepreneur, it is your responsibility to report and reprimandt the defect without undue delay after you could find it, but no later than within three days of receipt of the Goods.
  • If you are a consumer, you have the right to claim defects in the event of a defect that occurs in the consumer Goods within 24 months of receipt of the Goods.
  • Defective situation provisions do not apply in the case of:
    • Goods that are sold at a lower Price, for a defect for which a lower Price has been agreed;
    • wear and tear of the Goods due to its normal use;
    • the Goods used for a defect corresponding to the degree of use or wear and tear the Goods had when you received it;
    • when it follows from the nature of the Goods.

WITHDRAWAL FROM THE CONTRACT

  • Withdrawal from the Agreement, ie the termination of the contractual relationship between Us and you from its inception, may occur for the reasons and methods set out in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.
  • to Our Addresses listed under Our Identification Information). You can also use the sample form provided by Our Party, which forms Annex No. 2 to the Terms and Conditions.
  • However, even as a consumer, you may not withdraw from the Agreement in cases where the subject of the Agreement is:
    • Goods whose Price depends on financial market fluctuations independently of Our will and may occur during the withdrawal period;
    • delivery of alcoholic beverages, which can be delivered after thirty days and their price depends on fluctuations in the financial market independent of Our will;
    • Goods that have been customized to your liking or for you;
    • Perishable goods and Goods that have been irretrievably mixed with another after delivery;
    • Goods in a sealed package which have been removed from the package and cannot be returned for hygienic reasons;
    • Delivery of an audio or video recording or computer program if the original packaging has been broken;
    • delivery of newspapers, periodicals or magazines;
    • delivery of digital content if it was not delivered on physical media and was delivered with your prior express consent before the expiration of the Contract and we have informed you that you do not have the right to withdraw from the Contract.
  • The withdrawal period according to Article 8.2 of the Conditions is considered to be maintained if you send us a notice that you withdraw from the Agreement during the period.
  • In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Please return the goods to us clean in undamaged original packaging.
  • In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the Price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the price of transport corresponding to the cheapest offered method of delivery of Goods, which we offered when delivering Goods.
  • You are liable to us for damages in cases where the Goods are damaged as a result of your handling of them in a way other than what is necessary to handle them with regard to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to Us and the due amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.
  • We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiration in Article 6.9. Terms. We may also withdraw from the Agreement if it is clear that you have provided intentionally incorrect information in the Order. If you purchase goods within the scope of your business, ie as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

CONSUMER DISPUTE RESOLUTION

  • If you are a consumer, you have the right to an out-of-court settlement of a consumer dispute under the Consumer Protection Act. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr @ coi.cz, web: adr.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with Us. The proposal can be submitted no later than 1 year from the date on which you exercised your right toThis is the subject of a dispute, with us for the first time.
  • You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

FINAL PROVISIONS

  • If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your legal rights.
  • We will send all written correspondence to you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
  • The agreement can only be changed by our written agreement. However, we are entitled to amend these Terms, but this change will not affect the Contracts already concluded, but only the Contracts that will be concluded after the change takes effect.
  • In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors' failures, etc.), we will not be liable for damage caused by or in connection with force majeure, and if force majeure lasts for a period longer than 10 days, you and you have the right to withdraw from the Agreement.
  • A sample complaint form and a sample withdrawal form are attached to the Terms.
  • The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without our cooperation. We recommend that you always save your Order confirmation and Terms.
  • Our codes are not affected by any codes of conduct according to §1826 par. g) of the Civil Code.
  • These Terms take effect on 30.12.2021