WAKEND ® | Terms of Sale

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions of the Seller (hereinafter referred to as the "Terms and Conditions") regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the conditions for the operation and use of the Wakend.store online shop operated by the Seller at www.wakend.store(hereinafter the "E-shop") and the terms of purchase contracts (hereinafter the "Contract") concluded between the Seller and customers purchasing through the E-shop (hereinafter the "Buyer").

1.2. The provisions of these Terms and Conditions form an integral part of the Contract from the moment it is concluded. Different agreements from the Terms and Conditions may be arranged in writing in the Contract; such provisions shall take precedence over the Terms and Conditions.

1.3. These Terms and Conditions apply in cases where the Buyer is a natural person acting outside the scope of their business activity or outside the scope of their independent professional practice (i.e. a consumer).

1.4. These Terms and Conditions and all legal relationships arising from them, including the Contract, are governed by the legal order of the Czech Republic.

1.5. Unless otherwise provided in these Terms and Conditions, the rights and obligations of the Seller and the Buyer are governed by the applicable generally binding legal regulations.

2. REGISTRATION AND USER ACCOUNT

2.1. The Buyer may use the E-shop and conclude Contracts without the need to register. If the E-shop allows it at a given time, the Buyer may voluntarily register to simplify the use of the E-shop and the conclusion of Contracts, thereby creating their own user account (hereinafter the "User Account"). Some functions of the E-shop may only be available to registered users via the User Account.

2.2. To register, the Buyer shall fill out an electronic form on the E-shop and submit it to the Seller via the E-shop interface. The Buyer must enter all information marked as required correctly and completely in the registration form.

2.3. A natural person may independently register if, on the day of completing the registration, they are 18 years of age or older and have full legal capacity.

2.4. By submitting the registration form, the Buyer confirms that they have read and agree to these Terms and Conditions. The Buyer also confirms that they have reviewed the Personal Data Processing Information, which is available on the E-shop interface.

2.5. After submitting the registration form to the Seller, the Buyer must verify their email address as instructed by the Seller. The registration is complete at the moment the Buyer's email address is verified (i.e., when the registration contract and the creation of a User Account — hereinafter “Registration” — are concluded).

2.6. A User Account is automatically created upon Registration.

2.7. The User Account is assigned to one Buyer only. Each Buyer may only have one User Account at any time.

2.8. The Buyer is responsible for the accuracy and truthfulness of all information provided in the User Account. In the event of any changes, the Buyer is obligated to update the information without undue delay. The Seller is not liable for any damage arising from a breach of this obligation by the Buyer.

2.9. Access to the User Account requires the correct login credentials of the Buyer. The Buyer is obligated to properly safeguard their login credentials and prevent any third party from accessing their credentials or User Account. If the Buyer suspects that their credentials have been compromised or misused, they must change them without undue delay and notify the Seller of the suspected breach.

2.10. The Buyer is not permitted to allow any third party to use their User Account. The Buyer is responsible for all activity conducted through their User Account, regardless of whether it was performed by the Buyer, a person authorized by the Buyer, or another third party.

2.11. The Seller is not liable for any damage resulting from unauthorized access to the User Account by a third party due to the Buyer's failure to comply with their obligations under these Terms and Conditions.

2.12. The Buyer may delete their User Account and terminate their Registration at any time via the E-shop interface. This does not affect any Contracts already concluded.

2.13. The Seller may delete the Buyer’s User Account and terminate the Registration, particularly if the Buyer has not used their account for more than one (1) year or if the Buyer breaches their obligations under these Terms and Conditions. The Seller will notify the Buyer of the deletion via email.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. The presentation of goods on the E-shop is for informational purposes only, and the Seller is not obligated to conclude a Contract for the goods presented. Section 1732(2) of the Civil Code shall not apply.

3.2. The prices of goods displayed in the E-shop interface are listed inclusive of value-added tax (VAT) and all other taxes, related fees, and similar monetary obligations, unless stated otherwise.

3.3. A Contract for specific goods is concluded based on an order placed by the Buyer through the order form in the E-shop interface (hereinafter referred to as the “Order”). The Buyer must fill in all required fields in the order form; otherwise, the Order cannot be completed. The order form includes, in particular:

3.3.1. Information about the ordered goods and their quantity (selected by adding to the shopping cart in the E-shop interface),
3.3.2. Information about the desired method of delivery, including the delivery costs,
3.3.3. The Buyer’s identification, delivery, and billing address,
3.3.4. The selected payment method, including any applicable fees related to that method.

3.4. Before submitting the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, including the ability to detect and correct errors made while entering data. After submitting the Order, the Buyer can no longer change the submitted data or correct any errors. All information provided in the Order must be accurate, complete, and up-to-date. The Seller is not liable for any damage caused by incorrect, incomplete, or outdated data provided by the Buyer.

3.5. The Buyer submits the Order to the Seller by clicking the “Pay Now” button. By submitting the Order, the Buyer confirms that they have read and agree with these Terms and Conditions and the Seller’s Return Policy, and acknowledges the Personal Data Processing Information provided by the Seller.

3.6. The Seller will confirm receipt of the Order by email to the Buyer’s address specified in the Order, without undue delay after receiving the Order.

3.7. The Contract is concluded at the moment when:

3.7.1. The Buyer has properly paid the full price for the goods as stated in the Order, and
3.7.2. The Seller delivers a confirmation of Order acceptance and payment receipt to the Buyer’s email address stated in the Order.

3.8. If the Buyer does not pay the price as stated in the Order within three (3) days from the date of its receipt by the Seller, the Order will be cancelled.

3.9. Depending on the nature of the Order (quantity of goods, total price, expected delivery costs), the Seller may always require additional confirmation of the Order from the Buyer (e.g. in writing or by phone).

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. Prices for goods are always displayed next to the respective product in the E-shop interface and remain valid for as long as they are shown on the E-shop. The price of the goods at the time the Order is submitted to the Seller is decisive.

4.2. The Buyer shall pay the Seller the purchase price and any delivery-related costs under the Contract using one of the payment methods offered in the E-shop interface (as specified in the order form). Unless stated otherwise in the interface, payments can be made using the following method:

4.2.1. Cashless payment via a payment gateway operated by [Shopify Inc., 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada].

4.3. In addition to the purchase price, the Buyer is also obligated to pay the Seller any agreed-upon packaging and delivery costs. Unless stated otherwise in the E-shop (in the order form), these costs are already included in the purchase price.

4.4. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account. The Seller will confirm receipt of the purchase price to the Buyer via email without undue delay.

4.5. Unless otherwise stated in the E-shop, payments for goods are made in Czech crowns (CZK). Any conversion or transaction fees are the responsibility of the Buyer.

5. SHIPPING AND DELIVERY OF GOODS

5.1. Orders are processed by the Seller without undue delay after the Contract is concluded. Delivery times vary depending on the type of goods ordered and are always listed for each product on the E-shop. Delivery times are given in business days. The Seller will not dispatch the goods before receiving payment for the Order.

5.2. If the Seller, for any reason, is unable to meet the expected delivery date stated in the E-shop, they will contact the Buyer and inform them of the revised shipping date.

5.3. The method of transport and delivery is chosen by the Buyer in the Order based on the options currently offered by the Seller in the E-shop.

5.4. If the method of delivery is arranged at the specific request of the Buyer, the Buyer assumes the risk and any additional costs associated with that method of delivery.

5.5. If the Seller is obligated under the Contract to deliver goods to a location specified by the Buyer in the Order, the Buyer must accept the goods upon delivery. If delivery needs to be repeated or carried out differently due to reasons on the Buyer’s side, the Buyer must cover the costs associated with repeated delivery or the alternative delivery method.

5.6. The Seller fulfills their obligation to deliver the goods to the Buyer when the goods are handed over to the carrier. If the Buyer personally collects the goods from the Seller, the obligation is fulfilled when the Seller allows the Buyer to take possession of the goods.

5.7. Additional rights and obligations related to the transport of goods may be governed by separate delivery terms issued by the Seller, if any.

5.8. If the Seller is in delay with the delivery of goods, the Buyer may withdraw from the Contract if the Seller fails to fulfill their obligation even within an additional reasonable period granted by the Buyer. The Buyer may withdraw without granting an additional period only if the Seller has refused to fulfill the obligation, if timely performance was essential given the circumstances at the time of the Contract, or if the Buyer informed the Seller before the Contract that delivery at a specific time was essential. Upon withdrawal, the Seller will refund all payments received from the Buyer without undue delay.

6. ACCEPTANCE OF GOODS UPON DELIVERY BY CARRIER

6.1. The Buyer is obligated to inspect the shipment without undue delay after delivery by the carrier or courier service — specifically the number of packages, the integrity of sealing tape, and the condition of the packaging — based on the Contract and the carrier’s documentation.

6.2. The Buyer is entitled to refuse to accept goods that are clearly damaged or where the packaging is significantly damaged in a way that reasonably suggests unauthorized tampering or damage to the goods inside (including visible exposure to weather or moisture). If the Buyer accepts such a damaged package from the carrier, they must document the damage in the carrier’s delivery report and notify the Seller at the contact email provided below without undue delay. The Seller also recommends taking photographic documentation of the package and/or the damaged packaging.

7. PRODUCT QUALITY AT TIME OF ACCEPTANCE

7.1. The Seller is responsible to the Buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller guarantees that the goods:

7.1.1. Conform to the agreed description, type, quantity, quality, functionality, and other agreed characteristics;
7.1.2. Are suitable for the purpose for which the Buyer requires them and which the Seller has agreed to;
7.1.3. Are delivered with the agreed accessories and instructions for use.

7.2. The Seller also guarantees that, beyond the agreed characteristics:

7.2.1. The goods are suitable for the purpose for which such goods are usually used, taking into account the rights of third parties, applicable legislation, technical standards, or industry codes of conduct (where no technical standards exist);
7.2.2. The goods correspond in quantity, quality, and other characteristics — including durability, functionality, and safety — to the usual properties expected of such goods, including in light of public statements made by the Seller or others in the same contractual chain, especially in advertising or on labels;
7.2.3. The goods are delivered with accessories, including packaging and instructions for use, which the Buyer can reasonably expect;
7.2.4. The goods match the quality or workmanship of any sample or model provided by the Seller to the Buyer before the Contract was concluded.

7.3. The Seller is not bound by public statements under Section 7.2.2 if they prove that they were unaware of them, that such statements had been corrected in a comparable manner before the Contract, or that they could not have influenced the Buyer’s purchase decision.

7.4. Section 7.2 does not apply if the Seller specifically warned the Buyer before concluding the Contract that a particular property of the goods differs, and the Buyer explicitly accepted this when entering the Contract.

7.5. If a defect becomes apparent within one year after delivery, it is presumed that the goods were already defective at the time of acceptance — unless the nature of the goods or defect suggests otherwise. This period does not run during the time the Buyer is unable to use the goods due to a justified complaint.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

8.1. Goods are considered defective if they do not meet the conditions set out in Article 7 of these Terms and Conditions.

8.2. The Buyer may exercise their rights due to a defect that occurs in consumer goods within two (2) years from the date of receipt. For used goods, the parties may agree on a shorter time period, but not less than one (1) year.

8.3. The Buyer has no rights from defective performance if the defect was caused by the Buyer, particularly if the defect arose due to improper use, storage, or maintenance, or due to mechanical damage.

8.4. In the case of a defect, the Buyer may demand:

8.4.1. Delivery of new goods without defects, or
8.4.2. Repair of the goods, unless the chosen remedy is impossible or disproportionately expensive in comparison to the other.

8.5. The Buyer may request a reasonable discount or withdraw from the Contract if:

8.5.1. The Seller refuses to remedy the defect or fails to do so in accordance with the law,
8.5.2. The defect occurs repeatedly,
8.5.3. The defect is a material breach of the Contract,
8.5.4. It is evident from the Seller’s behavior or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

8.6. The Buyer may not withdraw from the Contract if the defect is insignificant. A defect is presumed not to be insignificant.

8.7. If the Buyer withdraws from the Contract, the Seller will refund the purchase price to the Buyer only after receiving the returned goods or after the Buyer proves that they sent the goods back.

8.8. If the Seller is obliged to bear the cost of returning the goods (e.g., in the case of a justified complaint), the Seller will also arrange collection of the goods at their own expense, based on prior agreement with the Buyer.

8.9. The Buyer shall exercise their rights from defective performance without undue delay after discovering the defect. The time between defect discovery and the actual complaint must be reasonable and proportionate. Delay may result in loss of rights.

9. COMPLAINTS

9.1. The rights and obligations of the Buyer and Seller relating to defective performance are governed by the relevant provisions of the Civil Code and by this Article.

9.2. The Buyer may file a complaint using the Seller’s email address or contact form available in the E-shop interface.

9.3. The complaint must contain at least the following:

9.3.1. Identification of the Buyer and their contact details,
9.3.2. Description of the defect and when/how it was discovered,
9.3.3. The claimed method of resolution (repair, replacement, discount, or withdrawal from the Contract),
9.3.4. Proof of purchase or order confirmation,
9.3.5. Photographic documentation of the defect (if applicable).

9.4. If the complaint does not contain sufficient information, the Seller may request the Buyer to complete the necessary data or documentation.

9.5. The Seller will confirm receipt of the complaint via email and inform the Buyer of the next steps.

9.6. The Seller will handle the complaint without undue delay, no later than thirty (30) days from the date of a properly filed complaint. If the complaint is not resolved within this period, the Buyer has the right to withdraw from the Contract.

9.7. The Seller will inform the Buyer of the outcome of the complaint by email and, if the complaint is accepted, also arrange for the agreed remedy (repair, replacement, discount, or refund).

10. WITHDRAWAL FROM THE CONTRACT

10.1. Withdrawal by the Buyer

10.1.1. The Buyer has the right to withdraw from the Contract within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code. If the Contract includes multiple types of goods or multiple parts, the withdrawal period begins upon delivery of the last item or part.

10.1.2. The Buyer may not withdraw from the Contract in cases defined by Section 1837 of the Civil Code, particularly for Contracts:

10.1.2.1. For goods made to the Buyer’s specifications or clearly tailored to their personal needs;
10.1.2.2. For sealed goods that are not suitable for return due to health or hygiene reasons, if the Buyer unseals them after delivery.

10.1.3. To exercise the right of withdrawal, the Buyer must inform the Seller of their decision in writing via the contact email listed below or through a completed withdrawal form available in the E-shop. The withdrawal must be submitted within the 14-day period.

10.1.4. Upon withdrawal, the Buyer must return the goods to the Seller without undue delay, no later than fourteen (14) days from the date of withdrawal. The Buyer bears the cost of returning the goods unless otherwise agreed.

10.1.5. The Seller is not obligated to refund the purchase price until the returned goods are received or the Buyer provides proof of having sent them back, whichever comes first.

10.1.6. The Buyer is liable for any reduction in the value of the returned goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the goods.

10.2. Withdrawal by the Seller

10.2.1. The Seller is entitled to withdraw from the Contract at any time until the goods are dispatched, particularly if:

10.2.1.1. The goods are no longer manufactured or supplied,
10.2.1.2. A clear pricing or availability error was displayed in the E-shop,
10.2.1.3. The Buyer fails to pay the purchase price on time.

10.2.2. If the Seller withdraws from the Contract, they will inform the Buyer via the contact email and refund any amounts received from the Buyer without undue delay.

11. OWNERSHIP AND RISK TRANSFER

11.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.

11.2. The risk of loss, damage, or accidental destruction of the goods passes to the Buyer at the moment the goods are delivered:

11.2.1. To the Buyer personally, or
11.2.2. To the carrier, if the method of transport was arranged based on the Buyer’s choice in the Order.

11.3. If the Buyer fails to accept the goods properly and on time, the risk of damage passes to the Buyer at the moment when the goods could have been accepted had they not failed to do so.

12. LIMITATION OF LIABILITY AND FORCE MAJEURE

12.1. The Seller is not liable for damage resulting from the improper use, storage, or maintenance of the goods, nor for damage caused by the Buyer’s failure to follow the instructions for use.

12.2. The Seller is not responsible for damage caused by force majeure, i.e., extraordinary, unforeseeable, and insurmountable events independent of the Seller’s will (e.g. natural disasters, pandemics, strikes, cyberattacks, or government restrictions).

12.3. If a force majeure event prevents the Seller from fulfilling their obligations under the Contract, the Seller is not considered in default for the duration of that event. The agreed delivery deadlines will be extended accordingly.

12.4. This does not affect the Buyer’s right to withdraw from the Contract under Article 10 if the delay becomes unreasonable in the given circumstances.

13. USE OF THE E-SHOP

13.1. The E-shop, including its structure, visual appearance, and all content, is protected by copyright and related rights. The Seller is the exclusive holder of all intellectual property rights to the E-shop and its content.

13.2. The Buyer is only authorized to use the E-shop in a manner consistent with its purpose — primarily for viewing goods, placing orders, and managing their User Account.

13.3. The Buyer is not allowed to:

13.3.1. Use the E-shop or its content for commercial purposes,
13.3.2. Copy, reproduce, modify, distribute, or otherwise use any part of the E-shop without prior written consent from the Seller,
13.3.3. Interfere with the E-shop’s software, security, or functionality,
13.3.4. Use any automated tools or scripts to interact with the E-shop.

13.4. The Seller reserves the right to limit or prevent access to the E-shop if the Buyer violates these Terms or uses the E-shop in an unlawful or abusive manner.

13.5. The Seller does not guarantee uninterrupted availability or flawless operation of the E-shop and is not liable for damages caused by temporary unavailability, system outages, or data loss.

14. PERSONAL DATA PROTECTION

14.1. The Seller processes personal data of Buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, “GDPR”), Act No. 110/2019 Coll., on the processing of personal data, and other relevant legislation.

14.2. Detailed information on how the Seller processes personal data — including the scope, purpose, duration, and legal basis for processing — is contained in the Privacy Policy, which is available on the E-shop.

14.3. The Buyer acknowledges that the Seller will process their personal data primarily for the purpose of fulfilling the Contract, handling orders, providing customer support, maintaining the User Account, and meeting legal obligations.

14.4. The Buyer has the right to access their personal data, request rectification or erasure, restrict processing, and object to processing. The Buyer also has the right to file a complaint with the Office for Personal Data Protection.

14.5. By submitting an Order or registering a User Account, the Buyer confirms that they have read and understood the Privacy Policy.

15. OUT-OF-COURT DISPUTE RESOLUTION

15.1. If a consumer dispute arises between the Seller and the Buyer that cannot be resolved by mutual agreement, the Buyer may submit the dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce), which is the competent body for out-of-court settlement of consumer disputes. Contact details:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 567/15, 120 00 Prague 2, Czech Republic
Website: www.coi.cz

15.2. The Buyer may also use the online dispute resolution platform operated by the European Commission at: https://ec.europa.eu/consumers/odr

15.3. The Buyer can contact the European Consumer Centre Czech Republic with issues related to cross-border online purchases within the EU. Website: www.evropskyspotrebitel.cz

16. FINAL PROVISIONS

16.1. The Seller may update or amend these Terms and Conditions at any time. The updated version becomes effective on the date specified in the Terms and is published on the E-shop.

16.2. The Buyer agrees to the updated version of the Terms by continuing to use the E-shop or by submitting a new Order after the changes take effect. Contracts concluded before the effective date of the new Terms remain governed by the version valid at the time of their conclusion.

16.3. If any provision of these Terms and Conditions is found to be invalid or unenforceable, it does not affect the validity and enforceability of the remaining provisions.

16.4. The Buyer agrees that the Seller may assign the rights and obligations under the Contract, or part thereof, to a third party.

16.5. These Terms and Conditions are effective as of May 10, 2024.

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Terms of Sale