Terms and Conditions

Operator of the online shop wayunki.com

Ondřej Janoušek
Filipova 2014/2, Prague 4 - Chodov
ID: 73853518,
Registered in the Commercial Register, maintained by the Municipal Court in Prague, Section C, Insert 335569. 

We are not VAT payers.

Bank account CZK: 2203009645/2010, Fiobanka a.s.

Bank account EUR 
IBAN: CZ31 2010 0000 0025 0300 9647
BIC/SWIFT: FIOBCZPPXXX

Payment gateway providers:
ComGate Payments, a.s., with registered office in Prague 7 - Holešovice, Jankovcova 1596/14a, 170 00, ID No.: 279 24 505, VAT No. CZ27924505,

 

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").

Your use of this website is subject to the terms and conditions for ordering products from the online shop set out below. This means that when you visit or shop at Wayunki.com, you agree to these terms and conditions. Therefore, make sure you read them carefully.

Terms and Conditions

1 Definition

1.1 In these Terms and Conditions.

1.1.1 "E-shop" means a computer program - an Internet application available on the Internet via the Internet address https://wayunki.com , the main functionality of which is the display, selection and ordering of goods by the User;

"Purchase contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator, as the seller, and the User, as the buyer, via the E-shop;

1.1.2 "Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;

1.1.3 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
"Operator" means physical Ondřej Janoušek, ID: 73853518 
with place of business Filipova 2014/2, Prague 4 - Chodov

1.1.4 "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a Contract with the Operator or otherwise deals with the Operator;

1.1.5 "User" means any legal or natural person who uses the E-shop;

1.1.6 "Goods" means the item offered by the Operator for sale to the User via the E-shop and, if the item is offered, also the license to use the item.

2 Pre-contractual information for Consumers

2.1 With respect to the price of the Goods and the cost of shipping and other charges,:
The prices of the goods provided are on the website without VAT (we are not VAT payers), including any statutory charges, but the cost of delivering the goods or services varies according to the method and provider chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if the Goods cannot be returned by the usual postal method due to their nature.

2.2 Withdrawal from the contract is subject to:
2.2.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.

2.2.2 You shall send the withdrawal from the Contract at your expense to the Operator at the address agreed upon in your email communication.

2.2.3 The consumer cannot withdraw from the contract:
for the provision of services that the Operator has fulfilled with the prior express consent of the Consumer before the expiry of the withdrawal period;
the delivery of a product that has been spoiled by opening the packaging;

2.2.4 The Consumer is obliged to return the Purchase Contract to the Operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, or hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.

2.2.5 The consumer is obliged to pay a pro rata part of the price in the event of withdrawal from a contract, the subject of which is the provision of services and the performance of which has already begun.

2.2.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing the number of his/her bank account for the refund of the purchase price for the Goods, which may be reduced if there are legal reasons for this. 

2.2.7 If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, e.g. scratches, scratches, paint, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition.

2.2.8 To withdraw from the contract, the Consumer shall use email [email protected]. or phone number +420777870609

2.3 The Consumer shall be liable to the Operator for any diminution in the value of the Goods as a result of the handling of the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.

2.5 The Operator does not use the possibility of out-of-court settlement of consumer complaints. Complaints can be addressed to the supervisory authority or the state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.

2.6 These Terms and Conditions are valid for the sale of goods within the Czech Republic and to countries of the European Union (EU).

3 Process of concluding the Contract

3.1 The Operator offers the Users to conclude the Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked " Order binding payment " in the user interface of the E-shop.

3.2 The User's unconditional acceptance of the Operator's offer to conclude the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions shall be deemed to be the User's clicking on the button marked " Order binding payment ".

3.3 The unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions constitutes the conclusion of the Purchase Contract.

3.4 The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of paragraph 3.2 is received by the User via the Internet to the server where the E-shop is installed.

3.5 The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.

3.6 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his/her email address, identification data and, if applicable, the address for delivery of the goods. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete, and therefore is not entitled to check the data entered.

4 Purchase contract

4.1 Upon conclusion of the Purchase Agreement, the following provisions shall come into force:

4.1.1 The User purchases from the Operator the Goods that the User has selected in the E-shop user interface by entering them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the E-shop user interface and the User undertakes to pay the Operator the price for the Goods that is indicated for such Goods in the E-shop user interface.

4.1.2 The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods are dispatched to the User. The withdrawal from the Purchase Contract shall also be deemed to be a legal act of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.

4.1.3 The Operator shall be entitled to request additional order confirmation from the User at any time and shall be entitled to delay the dispatch of the Goods to the User until it has received confirmation of the order from the User.

4.1.4 The method of packaging the Goods is determined solely by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.

4.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the order in the user environment of the E-shop.

4.1.6 The User has the right to choose the method of payment of the purchase price for the Goods and other monetary payments to the Operator from the options displayed to the User in the user environment of the E-shop.

4.1.7 If any of the payment methods contains information about the cost of making such payment, the User is obliged to bear the cost of making such payment, which is indicated for the payment in the user environment of the E-shop.

4.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.

4.1.9 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined unless expressly stated otherwise.

4.1.10 In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.

4.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.

4.1.12 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Agreement until the User has paid the purchase price for the Goods in full.

4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All delivery times for the Goods specified in the user interface of the E-shop are indicative only.

4.1.14 The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User's E-shop environment during the order..

4.1.15 The Operator provides the User with a guarantee for the Goodsif the warranty period is indicated for the Goods in the user environment of the E-shop, for the duration of the stated warranty period, while the warranty so indicated applies only to the Consumer.

4.1.16 The User is entitled to exercise the right to withdraw from the contract and the rights from defective performance at the Operator's correspondence address.

The moment when the Operator receives the Goods from the User is considered the moment when the claim is made.

4.1.17 The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Contract passes to the User, who is a Consumer, at the moment when the User accepts the Goods.

5 Complaints Procedure

5.1 The Operator shall be liable to the Consumer that the Goods are free from defects on receipt.

5.2 If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.

5.3 The Consumer has the right to have new Goods delivered or parts replaced even in the case of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.

5.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects, or to replacement of its parts or to repair of the Goods, he/she may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if it would cause the Consumer considerable difficulties to remedy the defect.

5.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.

5.6 The Operator's liability for defects in the Goods does not extend to wear and tear of the Goods caused by their normal use, in the case of Goods sold for a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Consumer or if it results from the nature of the Goods.

5.7 If the Goods are warranted, the Consumer has the right to assert liability for defective performance within the warranty period.

5.8 Complaints about Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.

5.9 The time limit for the settlement of a claim shall be stopped in the event that the Operator has not received all the documents necessary for the settlement of the claim until the documents are delivered.

5.10 The Operator or its designated entity shall invite the Consumer to take delivery of the repaired Goods after the proper handling of the complaint.

5.11 The right to claim the rights from defects of the Goods shall be extinguished in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling of the Goods, i.e. in particular in case of using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

6 Personal data

6.1 In accordance with Section 5(2) of Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as "law"), agrees to the collection, storage and processing of personal data provided by the User to the data controller, which is the Operator.
The user further agrees to the processing and use of personal data:
by the administrator;
by any employee of the Administrator;
by any contractual partner of the controller;
IT Solution Manager ;

6.2 The Controller is entitled to collect the following data concerning the User:
name and surname,
address (billing and delivery),
phone number,
email address,
login name and password for the user account,
User's business transactions.

6.3 This consent of the User is granted for an indefinite period of time.

6.4 The Operator, as the controller, has a specified purpose for processing personal data:
sending commercial offers to the administrator;
marketing purposes;
payment, marketing and offering other services,

6.5 The User declares that I am aware of my rights under Sections 12 and 21 of the Act and declares that all data is accurate and true and is provided voluntarily.

6.6 The Operator declares that it will collect personal data to the extent necessary for the fulfilment of the purpose set out above and will process it only in accordance with the purpose for which it was collected.

6.7 The Operator declares that it will process personal data in the following manner:
machine (automated) through computers and computer programs;
in written form;

6.8 This consent is a free and conscious expression of the User's will as a data subject, the content of which is the data subject's consent to the processing of personal data.

7 Cookies

In accordance with the provisions of § 89 (3) of Act No. 127/2005 Coll., on Electronic Communications, as amended, the Operator hereby informs the User that it processes the User's cookies, including persistent cookies, and the User consents to this.
The consent referred to in the preceding paragraph shall be granted for a period of 12 months.
The Operator processes the User's cookies to personalize content and advertisements, provide social media features and analyze traffic. The Operator shares information about the User's use of the E-shop with its social media, advertising and analytics partners.

8 Use of the E-shop

8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.

8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.

8.3 The Operator has the right to restrict or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.

8.4 The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.

8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or applicable and effective legislation, the Operator has the right to cancel the User Account.

9 Statement of the Operator

9.1 The Operator declares that the data records in the E-shop as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.

9.2 As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount that is grossly inconsistent with the usual price for such Goods on the market; in such case, the Operator shall not be obliged to deliver the Goods at the displayed purchase price, but shall contact the User and inform him of the actual purchase price of the Goods and the User shall have the right to decide whether to accept the Goods at the actual purchase price and, if not, the Purchase Agreements shall be cancelled from the outset.

9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their conversion to the display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and contact the Operator in case of any doubts.

9.4 The Operator's contact details for communication with the User are listed in the user interface of the E-shop in the Contact section.

9.5 Hygiene precautions are based on the Provider's recommendation and if the instrument is shared among others, it is advisable to wipe it with alcohol. Aluminum anodized in this state is not considered defective or harmful to the User. 

9.6 The safety conditions are based on the Provider's recommendation to use the musical instrument according to the procedure specified by the Provider, see. Instructional sections and videos. It is not intended for consumption and internal use.

 

11 Governing law

11.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Czech Republic, in particular the Civil Code.

12 Efficiency

12.1 These Terms and Conditions come into force on 1.12.2024.