These General Terms and Conditions ("Terms") govern the rights and obligations of You as buyers and Us as sellers in contractual relations concluded through the E-shop on the website https://www.niceboy.eu/.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

As you know, We primarily communicate on a remote basis. Therefore, Our Contract also involves the use of remote communication that allow Us to agree with each other without the simultaneous physical presence of Us and You.

If any part of the Terms contradicts what we have mutually agreed to as part of the process of your purchase on Our E-Shop, that particular agreement will take precedence over the Terms

1. SOME DEFINITIONS
   • Price is the amount of money You will pay for the Goods;
   • Shipping Charge is the amount of money You will pay for the delivery of the Goods, including the cost of packing them;
   • Total Price is the sum of the Price and the Shipping Charge;
   • VAT is the value added tax in accordance with applicable law;
   • E-shop is the online shop operated by Us at 5. května 1746/22, Nusle (Prague 4), 14000 Prague, where the purchase of the Goods will take place;
   • Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;
   • We are the company NICEBOY s.r.o., with registered office at 5. května 1746/22, Nusle (Praha 4), 140 00 Praha, ID No. 29416876, entered in the Commercial Register under file No. C 205438/MSPH maintained by the Municipal Court in Prague, e-mail info@niceboy.cz, telephone number +420 608 560 357, legally referred to as the Seller;
   • Order is your irrevocable proposal to enter into a Contract for the purchase of the Goods with Us;
   • Contract is a purchase contract negotiated on the basis of a duly completed Order sent via the E-shop, and is concluded at the moment when You receive confirmation of the Order from Us;
   • User Account is an account established on the basis of the data provided by You, which allows the storage of the data entered and the storage of the history of the Goods ordered and the Contracts concluded;
   • You are the person shopping on our E-shop, legally referred to as the buyer;
   • Goods are everything You can purchase in the E-Shop.
2. General provisions and instructions
   • Purchase of the Goods is only possible through the web interface of the E-shop.
   • When purchasing the Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us when ordering the Goods to be correct and truthful.
3. CONCLUSION OF THE CONTRACT
   • The Contract with Us can only be concluded in the Czech language.
   • The Contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by You. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote means of communication.
   • In order for Us to enter into the Contract, You need to create a draft Order on the E-shop. This draft must include the following information:
     1. Information about the Goods you are purchasing (in the E-shop you mark the Goods you are interested in purchasing with the [BUY NOW] button);
     2. Information about the Price, the Shipping Charge, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user interface of the E-shop, and the information about the Price, the Shipping Charge and the Total Price will be provided automatically based on the Goods and the method of delivery selected by you;
     3. Your identification information used to enable us to deliver the Goods, in particular, your name, surname, delivery address, telephone number and email address;
     4. In the case of a Contract under which we will deliver the Goods to you on a regular and recurring basis, also information about how long we will be delivering the Goods to you. You may change and check the information during the drafting of the Order until it is created. After checking by pressing the [Proceed to entering contact details] button, you will create the Order. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to create the Order. To confirm and agree, use [checkbox - I agree to the Terms and Conditions of NICEBOY s.r.o. ]. After pressing the [FINISH ORDER] button, all completed information will be sent directly to Us.
   • We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us will constitute the conclusion of the Contract between Us and You. The Terms as in force on the date of the Order form an integral part of the Contract.
   • There may be occasions when We are unable to confirm an Order to You. This includes situations where the Goods are not available or where You order more Goods than We are able to supply. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In this case, the contract is concluded when You confirm Our offer
   • In the event that an obviously incorrect Price is indicated in the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending it, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or there a missing or an extra digit.
   • In the event that the Contract is concluded, you are obliged to pay the Total Price.
   • In case you have already set up a User Account, you can place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
   • In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you need to fill in the details of this discount in the predefined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
4. User account
   • Based on your registration within the E-shop, you can access your User Account.
   • When registering for a User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.
   • Access to the User Account is secured by an username and password. It is your responsibility to maintain the confidentiality of these access details and not to provide these details to anyone. In the event that they are misused, we will not be liable for this.
   • The user account is personal and you are therefore not entitled to allow third parties to use it.
   • We may cancel your User Account, in particular if you have not used it for more than six months or if you breach your obligations under the Agreement.
   • The User Account may not be available continuously, in particular due to necessary maintenance of hardware and software.
5. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
   • The price is always stated in the E-shop, in the Order proposal 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 Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.
   • The total price is inclusive of VAT including any charges provided for by law.
   • Payment of the Total Price will be required from you after the conclusion of the Contract and before delivery of the Goods. You may pay the Total Price in the following ways:
     1. By bank transfer. We will send you information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within [7 days].
     2. In this case, payment is made through the payment gateway of ComGate Payments, a.s., and payment is subject to the terms and conditions of this payment gateway, which are available at: https://www.comgate.cz/obchodni-podminky. In the case of online card payment, the Total Price is payable immediately.
     3. Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment on delivery, the Total Price is payable on receipt of the Goods.
     4. Cash on collection in person. Cash can be paid for Goods in the event of collection at Our premises. In the case of payment in cash on collection in person, the Total Price is payable on receipt of the Goods.
   • The invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
   • Title to the Goods will only pass to You once You have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.
   • Any discounts on the price of the Goods granted by the Seller to the Buyer cannot be combined with each other.
6. DELIVERY OF THE GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
   • The goods will be delivered to you by a method of your choice, whereby you can choose from the following options:
     1. Personal collection at Our facility listed in the list of facilities;
     2. Personal collection at the outlets of the companies Zásilkovna, Uložeka
     3. Delivery via transport companies Czech Post, PPL CZ, DPD, Zásilkovna;
   • Goods can only be delivered within the Czech Republic
   • The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.
   • Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and in the event of any defects to notify the carrier and us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier
   • In the event that You breach Your obligation to accept the Goods, except in accordance with clause 4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a withdrawal from the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Price for transport or for damages, if any.
   • In case the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in case:
     1. an extraordinary failure in the production of the Goods, and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;
     2. a delay in delivery of the Goods from Our Supplier, whereby We will always tell You the new expected delivery time.
   • In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time specified in the Order Confirmation, for whatever reason, We and You shall be entitled to withdraw from the Contract.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   • We warrant that at the time the risk of damage to the Goods passes under Article 7 of the Conditions, the Goods are free from defects, in particular that:
     1. They have the characteristics that we have agreed with you and, if not expressly    agreed, then those that we have stated in the description of the Goods or that can be expected in view of the nature of the Goods;
     2. are suitable for the purposes we have stated or for purposes which are usual for Goods of that type;
     3. correspond to the quality or workmanship of the agreed sample where the quality or workmanship has been determined from the sample
     4. are of the appropriate quantity and weight.
     5. meet the requirements imposed on it by law.
     6. are not encumbered by the rights of third parties.
   • In the event that the Goods are defective, i.e. in particular if any of the conditions under Article 1 are not fulfilled, you may notify Us of such defect and exercise the rights arising from the defective performance (i.e. make a complaint about the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form provided by Us for making a complaint, which is attached as Annex 1 to the Conditions. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice, except in accordance with clause 7.3, without Our consent. We will settle the complaint in accordance with the defective performance right You have exercised. In the event that You do not choose to deal with the defect, You shall have the rights set out in clause 7.4 even in situations where the defective performance was a material breach of the Contract.
   • If the defective performance is a material breach of the Contract, you have the following rights:
     1. to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
     2. to eliminate the defect by repairing the Goods;
     3. to obtain a reasonable discount on the Price;
     4. to withdraw from the Contract;
     5. If You choose to resolve the defect under a) or b) and We do not remedy the defect in this way within a reasonable period of time specified by Us, or We tell You that We will not remedy the defect in this way at all, You have rights under c) and d) even if You did not originally request them as part of the complaint. At the same time, if you choose to remedy the defect by repairing the Goods and We find that the defect is irreparable, We will notify you and you may choose another method of remedying the defect.
   • If the defective performance is a non-substantial breach of the Contract, you have the following rights:
     1. to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
     2. to remedy the defect by repairing the Goods;
     3. a reasonable discount on the Price.
     4. However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to the recurrence of defects after the Goods have been repaired or if there are multiple defects in the Goods.
   • In the event of a material or immaterial breach, you may not withdraw from the Contract or require the delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:    
     1. if there has been a change in the condition of the Goods as a result of an inspection to detect a defect;
     2. if the Goods were used before the defect was discovered;
     3. if the impossibility of returning the Goods in their unaltered condition was not caused by your act or omission,
     4.  if the Goods have been sold, consumed or altered by you in the ordinary course of use before the discovery of the defect; however, if only part of the Goods have been sold, consumed or altered, it is your responsibility to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of the part of the Goods.
   • Within three days of receipt of a complaint, we will confirm to you by email that we have received the complaint, when it was received and the estimated time it will take to resolve the complaint. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
   • We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.
   • The exercise of rights arising from defective performance and special offer complaints shall be governed by Sec. 1810 et seq., Sec. 1820 et seq. and Sec. 2099 et seq. of the Civil Code and the Consumer Protection Act.
   • If you are a business, it is your obligation to notify and object to the defect without undue delay after you were able to discover it, but no later than within three days of receipt of the Goods.
   • If you are a consumer, you have the right to exercise the rights of defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
   • The provisions regarding defect rights do not apply in the case of:
     1. Goods that are sold at a lower Price, for the defect for which the lower Price was agreed;
     2. wear and tear on the Goods caused by their normal use;
     3.  used Goods for a defect corresponding to the level of use or wear and tear that the Goods had when you accepted them;
     4. where the nature of the Goods so requires.
     5. Claims will not be accepted for water damage.
        1. To avoid liquid damage, avoid these situations:
        2. Wearing the products when jumping off a cliff or from a high height.
        3. Exposing the products to pressurized water or a strong current of water, such as when showering, water skiing, wakeboarding, surfing, jet skiing, and similar activities
        4. Use of products in a sauna or steam room
        5. Deliberately immersing products in water
        6. Working with products in temperatures outside the recommended range or in extreme humidity
        7. Product dropping and other impacts
        8. Disassembling the product, including unscrewing screws
8. Withdrawal from the contract
   • Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly mentioned.
   • If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of Sec. 1829 of the Civil Code. In case we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period shall begin on the date of delivery of the last part of the Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.
   • However, even as a consumer, you may not withdraw from the Contract in cases where the following are the subject of the Contract:
     1. Goods whose Price depends on financial market fluctuations independent of Our will and which may occur during the withdrawal period;
     2. the delivery of alcoholic beverages which may not be delivered until after thirty days and whose Price depends on financial market fluctuations independent of Our will;
     3. Goods that have been customised to Your wishes or for Your person;
     4. Goods that are perishable and Goods that have been irretrievably mixed with other goods after delivery;
     5. Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
     6. the delivery of an audio or visual recording or computer program where the original packaging has been damaged;
     7. the supply of newspapers, periodicals or magazines;
     8. the supply of digital content unless it has been supplied on a tangible medium and has been supplied with Your prior express consent before the expiry of the withdrawal period and We have told You that You have no right to withdraw from the Contract.
   • The withdrawal period according to Article 2 of the Terms and Conditions shall be deemed to be maintained if You send Us a notice that You withdraw from the Contract during the withdrawal period.
   • In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited or to the account selected for withdrawal from the Contract. However, the amount will not be refunded until You have returned the Goods to Us or proved that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging where possible.
   • In the event of cancellation of the Contract pursuant to Article 2 of the Conditions, You shall return the Goods to Us within 14 days of cancellation and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
   • You shall be liable to Us for damages in cases where the Goods are damaged as a result of Your handling them in a manner other than that which is necessary in view of their nature and characteristics. In such a case, We will invoice You for the damage caused after the Goods have been returned to Us and the amount invoiced is due within 14 days. If We have not yet returned the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.
   • We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the expiry of the period set out in clause 9 of the Conditions. We may also withdraw from the Contract if it is clear that you have intentionally provided incorrect information in the Order. In the event that you are purchasing the Goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason
9. Dispute resolution with consumers
   • If you are a consumer, according to the Consumer Protection Act you have the right to out-of-court resolution of a consumer dispute arising from the Contract. In this 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. Out-of-court resolution of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with us. The application may be filed no later than within 1 year from the date on which you first exercised your right, which is the subject of the dispute, with Us.
   • You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
10. Final provisions
    • If our legal relationship with you has an international element (e.g. we will ship goods outside the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this arrangement.
    • All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
    • The Agreement may only be amended by written agreement between Us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect any Contract already entered into, but only those entered into after the amendment takes effect. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice will be 2 months.
    • In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), we shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
    • Attached to the Terms and Conditions is a sample complaint form and a sample withdrawal form.
    • The Contract, including the Conditions, is archived electronically 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 email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.Our activities are not subject to any codes of conduct pursuant to Sec. 1826(1)(g) of the Civil Code.

These Terms and Conditions shall come into force on 10 October 2021.

Attachments