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    Terms and conditions

    GENERAL TERMS AND CONDITIONS

    These general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to contracts concluded via the online store Divadive.cz, located at the web interface https://www.divadive.cz (hereinafter referred to as the "Web Interface"), between:

    Una Divina Esperienza s.r.o.,
    Registered office: č.p. 336, 664 55 Moutnice,
    Company ID (IČO): 06665403,
    VAT ID (DIČ): CZ06665403,
    VAT payer,
    Registered with the Regional Court in Brno, Section C, Insert 103523,
    Delivery address: č.p. 336, 664 55 Moutnice,
    Phone number: +420 777 143 586,
    Contact email: info@divadive.cz,

    as the seller,

    and you as the buyer.

    1. INTRODUCTORY PROVISIONS

    Summary of the Terms and Conditions

    By entering into a purchase agreement, we undertake to deliver the goods specified in your order, and you undertake to receive and pay for the goods. To conclude the contract, you must place an order, and we must accept it (as specified in Article 2). Information on pricing is found in Article 3. Possible payment and delivery methods are detailed in Articles 4 and 5. Information about withdrawal from the contract after receiving the goods is provided in Article 6. Complaints are governed by our Complaints Procedure.

    Is this a consumer contract?

    This is a consumer contract if you are a consumer, meaning you are a natural person purchasing goods outside the scope of your business activity or independent professional practice. If you are purchasing within your business activity, this is not considered a consumer contract, and the consumer protection laws and these Terms and Conditions do not apply to you.

    What governs our mutual rights and obligations?

    Our mutual rights and obligations are primarily governed by the contract, which consists of the following documents:

    • These Terms and Conditions, which define our mutual rights and obligations;
    • The Complaints Procedure, which outlines how we handle complaints regarding goods;
    • The Privacy Policy, which regulates the protection of your personal data;
    • Conditions and instructions provided on the Web Interface, especially when concluding the contract;
    • Your order and its acceptance by us.

    For any matters not covered by the contract, our rights and obligations are governed by Czech law, particularly:

    • Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code");
    • Act No. 634/1992 Coll., on Consumer Protection, as amended (only applicable if you are a consumer).

    If your residence or registered office is outside the Czech Republic, or if our legal relationship involves an international element, you agree that our relationship shall be governed by Czech law. However, if you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, this higher level of protection applies to you.

    How do you express your agreement with the Terms and Conditions?

    By submitting an order and confirming it on the Web Interface, you confirm that you have read and agree to these Terms and Conditions.

    What else should you know about the Terms and Conditions?

    If any provision of these Terms and Conditions is found to be invalid, ineffective, or unenforceable (or becomes such), a provision that most closely matches the intended purpose shall replace it. This does not affect the validity of the remaining provisions.

    We may modify or supplement these Terms and Conditions. Your rights and obligations are always governed by the version of the Terms and Conditions that was in effect at the time your rights and obligations arose. Any modifications or supplements to these Terms and Conditions must be made in writing.

    2. PURCHASE AGREEMENT

    How is a purchase agreement concluded?

    To conclude a contract, you must submit an order in accordance with these Terms and Conditions, and we must accept this order. Please note that the presentation of goods on the Web Interface is for informational purposes only and does not constitute our offer to conclude a contract within the meaning of Section 1732(2) of the Civil Code.

    How do you place an order?

    You can place an order:

    • Through the Web Interface (by filling out the order form);
    • By other means as permitted on the Web Interface.

    The order must contain all information required in the form.

    Before submitting your order via the order form, you will receive a summary of the order, including the final price (which includes all taxes, duties, and fees). At this stage, you have the last opportunity to modify your entered details.

    You submit a binding order by clicking the button "Order with obligation to pay." We consider the details in a binding order to be correct and complete. If any details need to be changed, please inform us immediately via phone or email.

    Can you cancel or modify an already submitted order?

    • If we have not yet accepted your order, you may cancel or modify it by phone or email.
    • All accepted orders are binding. Any later cancellations or changes can only be made by agreement with us. If the order involves goods for which withdrawal is not possible (as detailed in Article 6), we may request reimbursement for costs we have already incurred.

    How do you know that we have accepted your order and when is the contract concluded?

    • The purchase agreement is concluded when you receive our order acceptance confirmation at the email address you provided in your order.
    • If no confirmation is received, the contract is considered concluded upon your receipt of the goods.

    Can you obtain the contract in text form?

    • We will send the documents forming the contract via email or, upon request, by post.
    • If sent by post, we may request reimbursement for associated costs.
    • We archive the contract documents electronically. The contract is not accessible to third parties.

    3. PRICE

    Can prices on the Web Interface change?

    • If the price of goods displayed on the Web Interface or during the ordering process is no longer valid, we will notify you immediately.

    • Changes in price that occur between order submission and acceptance do not affect already accepted orders.

    • In the event of an obvious technical error in the displayed price (on the Web Interface or during the ordering process), we are not obliged to supply the goods at this erroneous price due to the apparent invalidity of our legal action under Section 552 of the Civil Code or mistake under Section 571 of the Civil Code.

    Can discounts be combined?

    • Any applicable discounts on product prices cannot be combined, unless explicitly stated otherwise on the Web Interface.

    4. PAYMENT TERMS

    What payment methods do we accept?

    You can pay for the goods primarily using the following methods:

    • Cashless payment before delivery via the GoPay payment gateway;

    • Cashless payment before delivery via bank transfer (payment instructions will be provided in the order confirmation).

    • Additional payment methods and any associated fees are listed on the Web Interface.

    When is the purchase price due?

    • The price must be paid within five days of order acceptance unless otherwise agreed.

    5. DELIVERY TERMS

    How do we deliver the goods?

    The delivery methods we offer are listed on the Web Interface. You can select the specific method in your order. If no method is selected, we will determine the most suitable one.

    What are the delivery costs?

    Delivery costs depend on the chosen method of transport and are specified on the Web Interface. The exact cost will always be displayed before submitting your order.

    If the contract includes international shipping, the buyer is responsible for covering customs duties and other costs associated with the delivery outside the Czech Republic.

    When will you receive the goods?

    • Delivery times depend on the chosen method and carrier.

    • The delivery time stated on the Web Interface is only an estimate and may vary based on carrier availability and order volume.

    • We will inform you if the delivery time extends beyond what was initially stated.

    • For made-to-order goods (e.g., blankets that are sewn after payment), the estimated delivery time is up to 8 weeks after the order is accepted and payment is received.

    How do you check the shipment?

    Upon receipt, check the package immediately in the presence of the courier or delivery service. If the packaging is damaged or you suspect that the goods might be damaged, report it to the courier immediately and refuse the package.

    By signing the delivery receipt, you confirm that the package was delivered intact. Later claims regarding transport-related damages may be difficult to prove.

    6. WITHDRAWAL FROM THE CONTRACT

    How can you withdraw from the contract as a consumer?

    If you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods, unless stated otherwise below.

    To withdraw, send a clear statement (e.g., by email) including:

    • Your name and order number
    • The goods you wish to return
    • Your preferred refund method

    You can use our withdrawal form available on the Web Interface, but it’s not required.

    The 14-day withdrawal period is met if you send the withdrawal notice before it expires.

    When can’t you withdraw from the contract?

    You cannot withdraw from the contract if the goods are:

    • Custom-made or made to your specific requirements (e.g., personalized blankets sewn upon order).
    • Unsealed digital content that was delivered with your consent before the withdrawal deadline.

    How do you return the goods?

    After withdrawal, send the goods within 14 days to our address:

    Una Divina Esperienza s.r.o.,
    č.p. 336, 664 55 Moutnice, Czech Republic

    • The return costs are your responsibility.
    • The goods must be undamaged, unused, and in original packaging.
    • Do not send goods via cash-on-delivery (we do not accept such packages).

    When will you get your money back?

    • We will refund your money within 14 days of receiving your withdrawal notice, using the same payment method you used.
    • We may delay the refund until we receive the goods or until you provide proof of return.
    • If the returned goods are damaged, we may deduct an amount equal to the reduction in value.

    7. RIGHTS FROM DEFECTIVE PERFORMANCE

    What if the goods are defective?

    If the goods have defects upon delivery, you have rights based on the nature of the defect:

    • If it’s a major defect, you can request a repair, replacement, discount, or contract cancellation.
    • If it’s a minor defect, you can request repair or a discount.

    Defects include:

    • If the goods do not match the description
    • If they do not function properly
    • If they were damaged during transport

    Your rights under defective performance follow our Complaints Procedure, available on the Web Interface.

    How long do you have to make a claim?

    The standard complaint period is 24 months from receipt of the goods, unless otherwise stated.

    • If you are a business buyer, you must report defects immediately upon receipt.

    8. ADDITIONAL INFORMATION FOR CONSUMERS

    What authorizations do we have to perform our activity?
    We are authorized to sell goods based on a business license. Our activity does not require any other permit.

    How do we handle complaints?
    Any complaints are handled through our contact email. You can also contact the relevant trade office or the Czech Trade Inspection.

    What rights do you have in case of a consumer dispute?
    If you are a consumer and a dispute arises between us from the contract, which we are unable to resolve directly, you have the right to refer this dispute to the Czech Trade Inspection (address: Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; website: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; phone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, website: www.konzument.cz, electronic contact: spotrebitel@regio.cz, phone: +420 495 215 266) for alternative dispute resolution. You can exercise this right no later than one year from the date you first asserted the right that is the subject of the consumer dispute.

    For submitting complaints related to goods you have purchased from us and for finding an alternative dispute resolution entity, you can also use the online platform established by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

     

    9. REGISTRATION ON THE WEBSITE INTERFACE

    How can you register on the website interface?
    By registering through the registration form on the website, a user account is created. Keep your access details confidential. We are not responsible for any misuse of the user account by a third party.

    The information provided during registration must be truthful and complete. An account created with false or incomplete data may be canceled without compensation. In case of changes to your data, we recommend promptly updating them in your user account.

    What is the user account used for?
    Through the user account, you can primarily order goods, track orders, and manage your user account. Any other functions of the user account are always listed on the website.

    When can we cancel your user account?
    Please note that we have the right to cancel your user account without compensation if the account is used to violate good morals, applicable laws, or these terms and conditions.

     

    10. COPYRIGHT PROTECTION, RESPONSIBILITY, AND USE OF THE WEBSITE INTERFACE

    Is the content of the website protected by copyright?
    The content on the website interface (texts including terms and conditions, photographs, images, logos, software, and others) is protected by our copyright or the copyrights of other entities. You may not modify, copy, reproduce, distribute, or use the content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to provide photographs and texts on the website for free or for a fee without authorization.

    The names and designations of products, goods, services, companies, and firms may be registered trademarks of the respective owners.

    Responsibility and use of the website interface
    We are not responsible for any errors caused by third-party interference with the website interface or its use in contradiction to its intended purpose. When using the website interface, you must not use methods that could disrupt the system's functionality or unduly burden the system.

    If you engage in any illegal or unethical behavior while using the website interface, we have the right to limit, suspend, or terminate your access to the website interface without compensation. In this case, you are further obliged to compensate us for any damage that your actions have caused, as proven by this paragraph, in full.

    Please note that clicking on certain links on the website interface may cause you to leave the website and be redirected to third-party websites.

     

    These terms and conditions are valid and effective from June 30, 2024.