I. General provisions

These terms and conditions ("Terms") govern the legal relationships arising from purchase contracts concluded between Urbania, s.r.o., with its registered office at Hlavní 21, 664 48, identification number 26242826, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 39839 ("Seller") and the Buyer (including both consumers and other customers).

All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the Buyer is a consumer – i.e., any person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them, then relationships not expressly regulated by these Terms are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the Buyer is not a consumer, then the legal relationships established by the contract beyond these Terms are governed by the Civil Code (No. 89/2012 Coll.).

II. Conclusion of the purchase contract

1. If the Buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered goods by the Seller on the E-shop website, with the purchase contract being formed by the Buyer sending the order and the Seller accepting the order. The Seller will confirm receipt of the order to the Buyer without undue delay via a notification to the specified e-mail address; however, this informative notification has no effect on the moment the contract is formed. An accepted order can only be changed by the express agreement of both contracting parties.

2. If the Buyer is not a consumer, the proposal to conclude a purchase contract is the order for goods sent by the Buyer, and the purchase contract itself is concluded at the moment the binding order confirmation is delivered by the Seller to the Buyer.

3. By following the procedure described above leading to the conclusion of a purchase contract, the Buyer confirms that they have read the Terms and Conditions and that they agree to them. The E-shop page contains a clear option to review the Terms and Conditions before sending the order.

‍

III. Delivery times, method of delivery, failure to collect goods

1. The delivery time is set by the Seller in the order confirmation. The delivery time is met on the day the shipment is dispatched, the day the goods are released from the Seller's warehouse, or the day the goods are prepared for collection by the Buyer. This date also marks the start of the Seller's right to invoice. The Seller is entitled to make partial deliveries of goods. Delivery times are extended in the event of unexpected circumstances beyond the Seller's control, such as force majeure, strikes, and other obstacles that the Seller cannot influence. This also applies if these circumstances occur at the Seller's suppliers. In such cases, the assertion of financial claims against the Seller due to delay is excluded. Direct damages resulting from a delay in the delivery of goods caused by the Seller may only be claimed up to the value of the goods in delay.

2. The method of delivery is specified in the order. Unless otherwise agreed in writing, the cost of transport is borne by the Buyer and its amount will be specified in the order. The Buyer assumes the risk of damage to the goods no later than upon dispatch of the goods (handing over the goods for transport).

3. The contracting parties have agreed that if the Buyer does not collect the purchased goods within 21 days from the date agreed in the purchase contract, or from the date they were requested to collect them by the Seller in writing or by telephone (hereinafter referred to as "uncollected goods"), the Seller may withdraw from the purchase contract and sell the goods to another person. In such an event, the Buyer shall have no claims for damages. The written withdrawal must be delivered to the other contracting party. For goods uncollected after the Seller's withdrawal from the contract, the Seller is entitled to invoice the Buyer for a flat-rate claim for damages in the amount of 50% of the deposit received in relation to the price of the uncollected goods. If the goods are ordered to a custom specification – non-standard colours at the Buyer's request, or a non-standard product type – the Seller is entitled to invoice for compensation in the full amount of 100%.

4. In the event that the uncollected goods are subsequently collected and the Seller has not yet exercised the right of withdrawal according to the previous point, the Seller is entitled to demand a contractual penalty from the Buyer in the amount of 1% of the value of these goods for each day of delay exceeding the first 21 days of delay.

5. Contractual penalties are due on the date the invoice is delivered and may be offset against the received deposit or against any other payment received from the Buyer.

‍

IV. Payment – payment for goods

For purchases made via the E-shop, a 100% deposit of the order price or payment by cash on delivery is required, unless otherwise agreed in the order confirmation. For custom-made items (custom-made colours, custom-made non-standard products), a 100% deposit is required. If the required deposit is not paid within 14 days of the order being issued, the relevant order will be automatically cancelled.

The agreed delivery time is calculated from the date the full purchase price is credited to the Seller's account specified in the order. In the event of a delay in payment of the invoice by the Buyer, the Seller is entitled to charge interest on late payments at a rate of 0.1% of the outstanding amount for each day of delay. This is without prejudice to any claim for damages.

‍

V. Consumer's right to withdraw from the contract

1. For purchases and contracts concluded via the E-shop, the Buyer, if a consumer, has the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Section 1829 of the Civil Code. This right may only be exercised if the Buyer is a consumer.

2. In accordance with the provisions of Section 1820(1)(f) of the Civil Code, the Seller hereby provides consumers with information regarding the right to withdraw from the contract in accordance with Government Regulation No. 363/2013 Coll. in the event of a distance purchase contract:

• You have the right to withdraw from the concluded contract within 14 days without giving any reason.
• You have the right to withdraw from the contract without giving any reason within 14 days from the day following the day of delivery of the goods, i.e., from the day on which you or a third party designated by you (other than the carrier) takes possession of the goods.
• To exercise your right of withdrawal, you must inform Urbania, s.r.o., Hlavní 21, 66448 Moravany, e-mail: obchod@urbania.cz of your decision to withdraw from this contract by way of a unilateral legal act (for example, by a letter sent via a postal service provider or by e-mail).
• To comply with the withdrawal period for this contract, it is sufficient to send the notice of withdrawal before the relevant period expires.
• Consequences of withdrawal from the contract. We will refund your payment only after we have received the returned goods or you have provided proof that you have sent the goods back, whichever occurs first:
  • Taking delivery of goods – You must send the goods back or hand them over to the Seller without undue delay, no later than 14 days from the day on which you withdrew from this contract. The deadline is considered met if you send the goods back to us before the 14-day period has expired.
  • Costs associated with returning the goods. You will bear the direct costs associated with returning the goods.
  • Liability for reduction in the value of returned goods. You are only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than what is necessary to familiarise yourself with the nature and properties of the goods, including their functionality.

3. For a successful and trouble-free return of goods, the Seller requests that the Buyer – consumer follows the procedure below:

• Contact us with a request to withdraw from the purchase agreement, stating the order number, date of purchase, and receipt of the goods. After verification, we will invite you to submit a written request for withdrawal from the purchase agreement and to send the goods back.
• Send the complete request together with a copy of the order by registered post or email to our billing address.
• Send the goods themselves by registered post and insured to our billing address. We are not liable for loss or damage to the shipment during return transport. The goods must be complete (including all documents and accessories), unused, undamaged, and packed in such a way that their original packaging is not damaged during transport. Do not send returned goods via cash on delivery (such goods will not be accepted).

4. It is not possible to withdraw from the purchase agreement in the following cases:

• if the goods are returned damaged (including original packaging), used, or incomplete (without documentation, warranty card, accessories, etc.),
• if the goods are ordered with a custom-made optional component that is only manufactured after the order is placed according to the Buyer's wishes or for their person; an example would be a standard type product with optional wood staining, optional frame painting, or a non-standard product manufactured based on the buyer's order. These products are not in stock and are always manufactured according to the customer's wishes and individual requirements.
• if it concerns services provided as part of the sale of goods, the performance of which has already begun; an example would be the ordered assembly of a bench at the buyer's premises.

In accordance with the provisions of Section 1837 (d) of the Civil Code, the above cases are instances where it is no longer possible to withdraw from the contract without giving a reason. Withdrawal from the purchase agreement cannot be accepted if any of the above terms and conditions are not met.

The goods will subsequently be returned at the Buyer's expense or stored in the Seller's warehouse facilities. The handling fee for storage of the goods is 1.5% per day of the invoiced amount (the fee includes insurance for the stored goods).

Withdrawal form

‍

VI. Complaints, warranty periods

1. For all shipments, the Buyer must immediately check the correctness of the delivered items, their completeness, and any visible damage caused during transport upon receipt. Any defects found must be noted on the delivery note and confirmed by the carrier; otherwise, they will not be recognised. The Buyer must immediately notify the Seller in writing of any other defects discovered after unpacking the goods. Beyond the statutory liability for defects in goods regulated by the Civil Code, the Seller provides the Buyer with a quality guarantee for the goods for a period of 2 years from the date of delivery. The Buyer is obliged to strictly follow the installation and usage rules for the products, in particular to check the tightening of screw connections, in accordance with the "Warranty Terms and Maintenance Instructions" created by the Seller.

2. The Buyer's claims for defects in goods arise from the relevant provisions of the Civil Code of the Czech Republic and the Seller's Complaints Procedure.

3. Liability for defects does not arise, nor are they defects covered by the quality guarantee, in cases where: (a) the goods have demonstrably been used in violation of the "Warranty Terms and Maintenance Instructions" provided by the Seller; and/or (b) they have been used inappropriately with regard to their utility properties or in violation of the purpose for which they are intended; and/or (c) they have subsequently been arbitrarily modified, altered, or connected to other items not supplied by the Seller. Minor deviations in dimensions and colour shades caused primarily by the natural character of the materials used are also not grounds for a complaint. Liability for defects and the quality guarantee also do not apply to wear and tear of goods caused by normal use.

4. Until liability for a defect is proven on the part of the Buyer, it is assumed that the Seller is responsible for the defect and is obliged to remedy it. In the event that the Seller proves that they are not responsible for the defect, the Buyer undertakes to reimburse the Seller for the justified costs associated with its removal plus a 10% surcharge.

5. In accordance with the provisions of Section 1820 (1) (j) of the Civil Code, the Buyer is entitled to refer any complaint that has not been resolved to their satisfaction by the Seller's complaints staff to the relevant Czech court or the Czech Trade Inspection Authority, or to the locally competent trade licensing office according to the Seller's registered office.

‍

VII. Governing law, court jurisdiction

1. The governing law is the law of the Czech Republic. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. In the event of disputes, the locally competent court for both contracting parties is the District Court in Kroměříž or the Regional Court in Brno. However, the Seller has the right to pursue their claims at the Buyer's registered office or place of residence. Any disputes between the Seller and the Buyer may also be resolved out of court. In such a case, the Buyer – consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority. More information on out-of-court dispute resolution can be found at www.coi.cz.

2. If any provision of the Terms and Conditions is found to be in conflict with the Civil Code of the Czech Republic, the relevant provision of the Civil Code shall apply, but the other articles of the Terms and Conditions shall remain unaffected.

‍

VIII. Final provisions and validity of terms

1. Customer information is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. By concluding a purchase agreement, the Buyer consents to the processing and collection of their personal data in the Seller's database following the successful fulfilment of the agreement, until such time as the Buyer expresses their disagreement with this processing in writing.

2. The Buyer has the right to access their personal data and the right to have it corrected, along with other statutory rights regarding this data. Personal data can be removed from the database upon the customer's written request. Customers' personal data is fully protected against misuse. The supplier does not pass customers' personal data on to any third party. An exception is made for external carriers, to whom customers' personal data is provided only to the minimum extent necessary for the delivery of goods.

3. Individual agreements are archived by the Seller in electronic form after their conclusion and are accessible only to the Seller.

4. The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Buyer.

5. By submitting an order via the E-shop, the Buyer confirms that they have read the content of the Terms and Conditions, agree to them, and accept them.

6. These e-shop terms and conditions came into force and effect on 1 March 2016 and replace all previously issued e-shop terms and conditions.

‍

‍

‍