Terms and Conditions

for the sale of goods and services through the online store located at www.mojedilna.com

Responsible Person:
Mgr. Zuzana Kubíčková
Moje dílna, z.s.
M. Knesla 4014, 760 01 Zlín
ID: 04434862

1. Introductory Provisions

1.1 These general terms and conditions (hereinafter referred to as "terms and conditions") of Moje dílna, z.s., with its registered office at M. Knesla 4014, 760 01 Zlín, identification number: 04434862, registered on October 20, 2015, under file number L20833 at the Regional Court in Brno, regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.mojedilna.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store").

1.2 Provisions deviating from the terms and conditions can be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.

1.3 The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.

1.4 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the terms and conditions.

2. User Account

2.1 Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also place orders without registration directly from the web interface of the store.

2.2 The information provided by the buyer in the user account and when placing orders is considered correct by the seller.

2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4 The buyer is not authorized to allow third parties to use the user account. The seller may cancel the user account, especially if the buyer has not used their user account for more than 12 months, or if the buyer violates their obligations from the purchase agreement (including the terms and conditions).

2.5 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, or the necessary maintenance of hardware and software by third parties.

3. Price of Goods and Payment Terms

3.1 The buyer pays the price of the goods and any associated delivery costs as per the purchase agreement via bank transfer based on the payment details provided.

3.2 Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivering the goods as agreed. Unless explicitly stated otherwise, the purchase price also includes delivery costs.

3.3 This does not affect the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

3.4 During the order completion process, the buyer is prompted to make a payment via bank transfer. Once the seller receives the payment, the order is confirmed.

3.5 All changes, including price changes, in the online store are reserved. The price is valid at the time of ordering.

3.6 If the listed price or any other information on the store's website is clearly incorrect (especially errors in numbers), the seller reserves the right to correct this error even after accepting the buyer's offer. In such a case, the contract is concluded with the buyer's additional consent, otherwise, the contract is considered not concluded.

3.7 The seller will issue a tax document - an invoice - for payments made based on the purchase agreement to the buyer.

3.8 The seller is not a VAT payer.

3.9 If it is customary in business practice or required by generally binding legal regulations, the seller will issue an invoice to the buyer for payments made under the purchase agreement. The seller will issue the invoice to the buyer after the payment for the goods has been made and will send it in electronic form to the buyer's email address. The buyer agrees to receive invoices in electronic form. If the buyer requests a printed invoice to be sent to their address, they must indicate this request in the order in the "note" section. In such a case, the seller is obliged to send the invoice to the address provided by the buyer along with the ordered goods.

3.10 According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online. In the event of a technical failure, the seller is obliged to do so no later than 48 hours.

4. Gift Vouchers and Discount Codes

4.1 Unless explicitly stated otherwise by the operator, gift vouchers and discount codes:

• cannot be used repeatedly
• cannot be combined

4.2 Additionally, discount codes cannot be applied to sale items unless explicitly stated otherwise by the seller.

4.3 In the event of contract cancellation for any reason or any other justified return of goods purchased with a discount code, the buyer is only entitled to a refund of the amount actually paid in monetary terms. The seller may decide whether and in what value to issue a new discount code to the buyer.

4.4 If a gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before it expires. The seller does not provide any monetary or other compensation for the unused value of a gift voucher or discount code.

4.5 Gift vouchers or discount codes cannot be exchanged for money. If the buyer purchases goods for a lower price than the value of the gift voucher or discount code, they are not entitled to the remaining value or to a new gift voucher or discount code for the unused balance.

4.6 If a gift voucher or discount code is used in violation of the operator's rules for the use of such vouchers and codes, the operator has the right to reject the voucher or code and withdraw from the purchase agreement. In case of ambiguities in the interpretation of the rules, the operator's interpretation shall prevail.

4.7 The seller may challenge the use of a discount code if it is determined that the buyer was not entitled to apply the discount.

4.8 The purchase of a gift voucher takes place in the e-shop, and once the payment is credited to the merchant's account, the gift voucher code is activated in the system. Without payment, and thus activation of the code, the gift voucher is invalid.

5. Virtual Wallet Function

5.1 The merchant offers registered buyers with an active user account the option to use a virtual wallet. This wallet maintains a virtual balance that can be used to pay for goods and services. The buyer can use this service repeatedly after logging into their account until the entire balance of the wallet is exhausted. The credit balance in the wallet can be increased multiple times.

5.2 The buyer can add credit to their virtual wallet and pay by bank transfer or gift voucher.

5.3 Credits in the virtual wallet do not have an expiration date.

6. Withdrawal from the Contract, Ceramic Goods

6.1 The buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract, among other things, for the supply of goods that have been customized according to the buyer's wishes or for their person, goods that are subject to rapid deterioration, goods that have been irreversibly mixed with other goods after delivery, goods delivered in sealed packaging that the consumer has unsealed and cannot be returned for hygiene reasons, and for the supply of audio or video recordings or computer software if the original packaging has been breached.

6.2 Unless it is a case specified in Article 1 of these terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, within fourteen (14) days from the receipt of the goods, whereby if the purchase contract involves several types of goods or the delivery of several parts, this period starts from the receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer may use the template withdrawal form provided by the seller, which forms an annex to these terms and conditions. The withdrawal from the purchase contract can be sent by the buyer, among other ways, to the seller's business address (Moje dílna, z.s., Zálešná I 4057, 760 01 Zlín) or to the seller's email address .

6.3 If the buyer withdraws from the purchase contract in accordance with Article 2 of the terms and conditions, the purchase contract is canceled from the beginning. The buyer must return the goods to the seller within fourteen (14) days from the delivery of the withdrawal notice to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned via the usual postal route due to their nature.

6.4 In the event of withdrawal from the purchase contract in accordance with Article 2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days from the buyer's withdrawal from the purchase contract, using the same payment method that the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or by another method, if the buyer agrees and does not incur any additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

6.5 The seller is entitled to unilaterally offset the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.

6.6 In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the buyer receives the goods. In such a case, the seller will refund the purchase price to the buyer without undue delay, by wire transfer to the account specified by the buyer.

6.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective, and the buyer is obliged to return the provided gift to the seller along with the goods.

7. Withdrawal from the Contract, Course

7.1 The buyer has the right to cancel their course reservation. If done at least 7 days before the course date, by notifying the responsible person in the workshop via phone, SMS, or email, the paid amount will be refunded as a credit to their virtual wallet.

7.2 The virtual wallet service is available to all buyers with an active user account. To receive the refund, the buyer must register on the e-shop www.mojedilna.com and provide their account details when canceling.

7.3 If cancellation is made less than 7 days before the course, or if the participant does not attend the course, the course fee will be forfeited in full.

8. Shipping and Delivery of Goods

8.1 If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

8.2 If the seller is obliged under the purchase contract to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.

8.3 If it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order due to reasons on the buyer's side, the buyer is obliged to pay the costs associated with repeated delivery or the costs associated with a different method of delivery.

8.4 Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. If the packaging is found to be tampered with, indicating unauthorized entry into the shipment, the buyer may refuse to accept the shipment from the carrier. This does not affect the buyer's rights regarding liability for defects in the goods and other rights arising from generally binding legal regulations.

8.5 Other rights and obligations of the parties concerning the transport of goods may be regulated by special delivery conditions of the seller, if issued by the seller.

9. Rights from Defective Performance

9.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

9.2 The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

• The goods have the properties that the parties have agreed upon, and if there is no such agreement, the goods have the properties that the seller or manufacturer described, or that the buyer expected with regard to the nature of the goods and based on the advertising carried out by them,
• The goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,
• The goods correspond in quality or design to the agreed-upon sample or template, if the quality or design was determined according to an agreed-upon sample or template,
• The goods are in the appropriate quantity, measure, or weight, and
• The goods comply with the requirements of legal regulations.

9.3 The provisions in Article 8.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.

9.4 If a defect appears within six months of receipt, it is assumed that the goods were defective at the time of receipt.

9.5 The buyer claims the rights from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible considering the assortment of sold goods, or possibly also at the registered office or place of business. The moment of making the complaint is considered to be the moment when the seller received the goods complained about from the buyer. The buyer can specifically claim the rights from liability for defects in the goods in particular in person at the address Moje dílna, z.s., Zálešná I 4057, 760 01 Zlín, by phone at 604 388 685, or by email at

9.6 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.

10. Additional Rights and Obligations of the Contracting Parties

10.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.

10.2 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.

10.3 The seller handles consumer complaints through the electronic address . The seller will send information about the handling of the buyer's complaint to the buyer's email address.

10.4 The online dispute resolution platform available at the internet address www.ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

10.5 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz, is the contact point according to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the Regulation on consumer ODR). The seller is authorized to sell goods based on a trade license. Trade supervision is carried out within its competence by the relevant trade office. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the specified scope.

10.6 The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

11. Personal Data Protection

See the separate document www.mojedilna.com/cs/ochrana-osobnich-udaju

12. Notifications

12.1 Notifications concerning the relationship between the seller and the buyer, especially regarding withdrawal from the purchase contract, must be delivered by registered mail unless otherwise specified in the purchase contract. Notifications are sent to the appropriate contact address of the other party and are considered delivered and effective upon delivery by mail, except for the buyer's withdrawal from the contract, which is effective if the buyer sends the notification within the withdrawal period.

12.2 Notifications are also considered delivered if the recipient refused to accept them, did not pick them up during the storage period, or if they were returned as undeliverable.

12.3 The parties may send regular correspondence to each other via electronic mail, to the email address provided in the buyer's user account or the address provided by the buyer in the order, or to the address listed on the seller's website.

13. Final Provisions

13.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded by provisions of the legal order that cannot be contractually deviated from and which would otherwise apply in the absence of the choice of law according to 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).

13.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

13.3 An appendix to the terms and conditions is the sample form for withdrawal from the purchase contract.