Terms of service
GENERAL TERMS AND CONDITIONS OF Surficata
These General Terms and Conditions (“Terms”) of the company surficata.s.r.o, located at Surficata s.r.o., Dukelských hrdinů 971/22, 170 00 Prague - Holešovice, Czech Republic, ID No.: 19939639, registered in the Commercial Register under file No. 19939639, email: shop@surficata.om, phone number: 604111002, (“We” or “Seller”) are set forth in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), and govern the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or under the purchase contract (“Contract”) concluded via the E-shop at the website surficata.com.
All information about the processing of your personal data is contained in the Privacy Policy, which can be found here: https://surficata.com/cs/policies/privacy-policy.
The provisions of these Terms are an integral part of the Contract. The Contract and Terms are drafted in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms.
As you surely know, we primarily communicate remotely. Therefore, for our Contract, it is also true that remote communication means are used, which allow us to agree without the simultaneous physical presence of Us and You, and thus the Contract is concluded in a distance manner within the environment of the E-shop, via the web interface of the website (“E-shop web interface”).
If any part of the Terms contradicts what we have jointly approved as part of your purchase process in Our E-shop, such specific agreement will take precedence over the Terms.
**SOME DEFINITIONS**
1. **Price** is the financial amount you will pay for the Goods;
2. **Shipping Price** is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
3. **Total Price** is the sum of the Price and the Shipping Price;
4. **VAT** is the value-added tax according to applicable legal regulations;
5. **Invoice** is a tax document issued in accordance with the value-added tax law for the Total Price;
6. **Order** is your binding proposal to conclude a Purchase Agreement with Us;
7. **User Account** is an account established based on the information you provided, which allows the storage of entered information and the history of ordered Goods and concluded Contracts;
8. **You** are the person purchasing in Our E-shop, legally referred to as the buyer;
9. **Goods** are everything you can purchase in the E-shop.
**GENERAL PROVISIONS AND INSTRUCTIONS**
1. Purchasing Goods is only possible through the web interface of the E-shop.
2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, we will consider the information you provided Us in the Order as correct and truthful.
3. On our E-shop, we also provide access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking them with specific orders, so in our internal system, we can see the linked order ID for each review, and thus we are able to verify and demonstrate that the review comes from a real consumer.
**CONCLUSION OF THE CONTRACT**
1. A Contract with Us can be concluded in Czech, English, and German languages.
2. The Contract is concluded remotely via the E-shop, and the costs of using remote communication means are borne by You. However, these costs are no different from the basic rate you pay for using these means (mainly for internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.
3. To conclude a Contract with Us, you need to create an Order on the E-shop. This proposal must include the following information:
1. Information about the Goods being purchased (on the E-shop, you mark the Goods you are interested in purchasing by clicking the “Add to Cart” button);
2. Information about the Price, Shipping Price, method of payment of the Total Price, and the requested method of delivery of the Goods; these details will be entered during the creation of the Order within the user interface of the E-shop, and information about the Price, Shipping Price, and Total Price will be automatically provided based on the Goods you choose, the method of delivery, and payment;
3. Your identification and contact details necessary for the delivery of the Goods, especially name, surname, delivery address, phone number, and email address.
4. During the creation of the Order, you can change and check the information until its completion. After checking and pressing the “Order and Pay” button, you complete the Order. However, before pressing the button, you must confirm your acknowledgment and agreement with these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and agreement. After pressing the “Order with payment obligation” button, all filled-in information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us, with a message sent to your email address specified in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms, as effective on the date of the Order, i.e., as attached as an appendix to the confirming email, form an integral part of the Contract. By confirming the Order, a Contract is concluded between Us and You.
6. There may also be cases when we are unable to confirm your Order. This mainly concerns situations where the Goods are not available or when you order a larger number of Goods than what we allow. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop, so this should not be surprising for you. In case any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment when you confirm Our offer.
7. If an obviously incorrect Price is stated in the E-shop or the Order, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation, and thus a Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract in such a case is concluded at the moment when you confirm Our offer. An obvious error in the Price, for example, is a situation where the Price does not correspond to the usual price at other sellers or if a digit is missing or extra.
8. If a Contract is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in such a case, you have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled information. However, the method of creating an Order is identical to that for a buyer without a
User Account, with the advantage being that it is not necessary to repeatedly fill in your identification details.
10. In some cases, we allow the use of a discount for the purchase of Goods. To provide a discount, you need to fill in the details of this discount in the designated field as part of the Order proposal. If you do so, the Goods will be provided to you with a discount.
**USER ACCOUNT**
1. Based on your registration in the E-shop, you can access your User Account.
2. When registering a User Account, it is your obligation to enter all data correctly and truthfully and to update them in case of any changes.
3. Access to the User Account is secured by a username and password. Regarding these access details, it is your duty to maintain confidentiality and not to provide them to anyone. If they are misused, we bear no responsibility.
4. The User Account is personal, and you are therefore not authorized to allow its use by third parties.
5. We may cancel your User Account, especially if you do not use it for an extended period, or if you breach your obligations under the Contract.
6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
**PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP**
1. The Price is always indicated within the E-shop, in the Order proposal, and of course, in the Contract. In the event of a discrepancy between the Price indicated for the Goods within the E-shop and the Price indicated in the Order proposal, the Price indicated in the Order proposal, which will always be identical to the price in the Contract, shall apply. The Shipping Price is also indicated in the Order proposal, including the conditions for free shipping.
2. The Total Price is indicated including VAT and all fees stipulated by law.
3. We will require payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can make the payment of the Total Price in the following ways:
- Bank transfer. We will send you the payment information as part of the Order confirmation. In the case of a bank transfer, the Total Price is due within 7 days.
- Online card payment. In this case, the payment is made via the Shopify payments gateway, and the payment is governed by the conditions of this payment gateway, which are available at: shopify.com. In the case of online card payment, the Total Price is due immediately.
- Cash on delivery. In this case, payment is made upon delivery of the Goods in exchange for the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
- Cash payment upon personal collection. Cash payment for the Goods is possible in the case of collection at Our establishment. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
4. The invoice will be issued in electronic form after the Total Price is paid and will be sent to your email address.
5. The ownership right to the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of a bank transfer, the Total Price is paid when credited to Our account; in other cases, it is paid at the time of payment.
**DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS**
1. The Goods will be delivered to you no later than 30 days in the manner of your choice, where you can choose from the following options:
- Personal collection at Our establishment listed in the list of establishments;
- Personal collection at the Vlny Štvanice boathouse;
- Delivery via GLS transport companies;
2. The delivery time of the Goods always depends on their availability and on 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 stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you via email about the possibility of picking up the Goods.
3. Upon receipt of the Goods from the carrier, it is your duty to check the integrity of the Goods' packaging and to immediately report any defects to the carrier and to Us. If there is damage to the packaging that indicates unauthorized tampering and entry into the shipment, you are not obliged to accept the Goods from the carrier.
4. In case you breach your obligation to take over the Goods, except for cases according to Article 6.4 of the Terms, it does not result in a breach of Our obligation to deliver the Goods to you. Also, your failure to take over the Goods is not a withdrawal from the Contract between Us and you. However, in such a case, we have the right to withdraw from the Contract due to your significant breach of the Contract, or to store the Goods, for which you owe us a fee. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the claim for the Shipping Price or the claim for damages if incurred.
5. If the Goods are delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your part, you are obliged to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your email address stated in the Contract, and they are due 14 days from the delivery of the email.
6. The risk of damage to the Goods passes to you at the moment you take them over. In case you do not take over the Goods, except for cases according to Article 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but due to reasons on your part, it did not happen. The transfer of the risk of damage to the Goods means that from this moment, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
7. If the Goods were not indicated as in stock in the E-shop and an estimated time of availability was stated, we will always inform you in case of:
- Extraordinary disruption in the production of Goods, and we will always communicate to you the new expected availability time or information that it will not be possible to deliver the Goods;
- Delay in delivery of the Goods from Our supplier, and we will always communicate to you the new expected delivery time.
**RIGHTS FROM DEFECTIVE PERFORMANCE**
1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms, the Goods are without defects, in particular, that the Goods:
- Correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;
- Are suitable for the purpose you require and with which we agree;
- Are delivered with the agreed accessories and instructions for use, including instructions for assembly or installation;
- Are suitable for the purpose for which Goods of this type are usually used;
- In terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of Goods of the same type that you can reasonably expect, taking into account public statements made by
Here is the translation of the provided text into English:
1 User Account
1 Based on your registration within the E-shop, you can access your User Account.
2 When registering for a User Account, it is your obligation to provide all requested information accurately and truthfully, and to update it in case of any changes.
3 Access to the User Account is secured by a username and password. Regarding these access details, it is your responsibility to maintain confidentiality and not disclose them to anyone. We are not responsible for any misuse of these details.
4 The User Account is personal, and you are not authorized to allow its use by third parties.
5 We may terminate your User Account, especially if it is not used for an extended period or if you violate your obligations under the Agreement.
6 The User Account may not be available continuously, especially due to necessary hardware and software maintenance.
2 PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1 The price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price listed for the Goods within the E-shop and the Price listed in the Order proposal, the Price listed in the Order proposal will prevail, which will always be the same as the price in the Agreement. The Order proposal also includes the Shipping cost, or conditions under which shipping is free.
2 The total price is stated, including VAT and all fees required by law.
3 Payment of the Total price will be required from you upon the conclusion of the Agreement and before the delivery of the Goods. You can make the payment of the Total price using the following methods:
1 By bank transfer. Payment information will be provided to you as part of the Order confirmation. In the case of bank transfer payment, the Total price is due within 7 days.
2 By online card payment. In this case, payment is processed through the Shopify payments gateway, and the payment is subject to the terms of this payment gateway, available at shopify.com. In the case of online card payment, the Total price is due immediately.
3 By cash on delivery. In this case, payment is made upon the delivery of the Goods. In the case of cash on delivery payment, the Total price is due upon receipt of the Goods.
4 By cash upon personal pickup. Cash payment for Goods is possible when picking up at Our location. In the case of cash payment upon personal pickup, the Total price is due upon receipt of the Goods.
4 An invoice will be issued electronically after the payment of the Total price and will be sent to your email address.
5 Ownership of the Goods passes to you only after you have paid the Total price and taken possession of the Goods. In the case of bank transfer payment, the Total price is considered paid upon crediting to Our account, and in other cases, it is considered paid at the time of payment.
3 DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM
1 The Goods will be delivered to you no later than within 30 days according to your choice, and you can choose from the following options:
1 Personal pickup at Our listed locations;
2 Personal pickup at the Vlny Štvanice shipyard;
3 Delivery through GLS transportation companies;
2 The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time for the Goods will be provided in the Order confirmation. The time mentioned in these Terms is only approximate and may differ from the actual delivery time. In the case of personal pickup at the location, you will always be informed via email about the option to pick up the Goods.
3 After receiving the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and report any defects immediately to the carrier and Us. If there is any damage to the packaging that indicates unauthorized handling or entry into the shipment, it is not your obligation to accept the Goods from the carrier.
4 If you fail to fulfill your obligation to accept the Goods, except in cases under Article 6.4 of these Terms, it does not result in a breach of Our obligation to deliver the Goods to you. However, in such cases, We have the right to terminate the Agreement due to your material breach of the Agreement or store the Goods for which We are entitled to a fee. If We decide to terminate the Agreement, the termination is effective on the day We notify you of such termination. Termination of the Agreement does not affect the right to payment of the Shipping cost or compensation for any damage if it occurs.
5 If, due to reasons on your part, the Goods are repeatedly delivered or in a different manner than agreed in the Agreement, it is your obligation to reimburse Us for the expenses associated with such repeated delivery. Payment details for these costs will be sent to your email address as stated in the Agreement and will be due within 14 days of receiving the email.
6 The risk of damage to the Goods passes to you at the moment when you take possession of it. If you fail to take possession of the Goods, except in cases under Article 6.4 of these Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take possession but failed to do so. The transfer of the risk of damage to the Goods means that from that moment, you bear all consequences related to loss, destruction, damage, or any depreciation of the Goods.
7 If the Goods were not listed as in stock in the E-shop and an approximate availability time was provided, We will always inform you in case of:
1 Extraordinary disruption of Goods production, and We will always provide you with a new expected availability time or information that the Goods cannot be delivered;
2 Delay in the delivery of Goods from Our supplier, and We will always provide you with a new expected delivery time.
Here is the translation of the text you provided:
**1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE**
**1.** We guarantee that at the time of the risk transfer of damage to the Goods under Article 6.7 of the Terms and Conditions, the Goods are free from defects, in particular, that the Goods:
1. Correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
2. Are suitable for the purpose for which you require them and with which we agree;
3. Are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
4. Are suitable for the purpose for which Goods of this kind are commonly used;
5. In quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, taking into account public statements made by us or another person in the same contractual chain, especially advertising or labeling;
6. Are delivered with accessories, including packaging, assembly instructions, and other instructions for use, that you can reasonably expect; and
7. Correspond in quality or performance to the sample or template provided to you before the contract was concluded.
**2. Rights and obligations regarding rights arising from defective performance are governed by the relevant mandatory legal regulations (in particular, the provisions of §§ 2099 to 2117 and §§ 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).**
**3. In the event that the Goods have a defect, especially if one of the conditions under Article 7.1 is not met, you can notify us of such defect and assert your rights arising from defective performance (i.e., lodging a complaint about the Goods) by sending an email or letter to our addresses provided under Our identification data. You can also use the sample form provided by us, which is annex No. 1 to the Terms and Conditions. When asserting your rights arising from defective performance, you must choose how you want to resolve the defect, and this choice cannot be changed without our consent. We will handle the complaint in accordance with your asserted right arising from defective performance.**
**4. If the Goods have a defect, you have the following rights:**
1. To have the defect rectified by delivering new Goods without defects or by delivering the missing part of the Goods; or
2. To have the defect rectified by repairing the Goods, unless the chosen method of rectifying the defect is impossible or unreasonably expensive compared to another method, which shall be assessed in particular in terms of the significance of the defect, the value that the Goods would have without defects, and whether the defect can be rectified by another method without significant difficulties for you.
**1. We are entitled to refuse to rectify the defect if it is impossible or unreasonably expensive, in particular in view of the significance of the defect and the value that the Goods would have without defects.**
**2. Furthermore, you have the right to:**
1. A reasonable price reduction; or
2. Withdrawal from the Contract,
if:
1. We refuse to rectify the defect or do not rectify it in accordance with legal regulations;
2. The defect recurs;
3. The defect is a material breach of the Contract; or
4. It is clear from our statement or the circumstances that the defect will not be rectified within a reasonable time or without significant difficulties for you.
**1. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.**
**2. If you have caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.**
**3. The wear and tear of the Goods caused by their normal use or the wear and tear corresponding to the extent of their previous use in the case of used Goods shall not be considered a defect.**
**4. When asserting a complaint, we will issue a written confirmation to you, which will include:**
1. The date on which you asserted the complaint;
2. The content of the complaint;
3. The method of handling the complaint that you require;
4. Your contact details for the purpose of providing information about the handling of the complaint.
**5. If we do not agree on a longer period, we will rectify the defects within 30 days from the receipt of the complaint and provide you with information about the handling of the complaint to the contact details you provided. If this period passes in vain, you may withdraw from the Contract or request a reasonable price reduction.**
**6. We will inform you by email about the handling of the complaint and provide you with a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of the costs incurred. You are obliged to prove these costs, e.g., by receipts or price confirmation for transport. If the defect is rectified by delivering new Goods, it is your obligation to return the original Goods to us, but we will bear the costs of this return.**
**7. If you are a businessman, it is your obligation to notify and object to the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.**
**8. If you are a consumer, you have the right to assert rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.**
**1. Withdrawal from the contract**
**1. Termination of the contractual relationship between us and you from its beginning, i.e., withdrawal from the Contract, may occur for 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 stated.**
**2. If you are a consumer, i.e., a person buying Goods outside the scope of your business, you have the right to withdraw from the Contract without stating a reason within 14 days from the conclusion of the Contract, or if it is a purchase of goods, within fourteen days from its receipt. If we have concluded a Contract whose subject is several pieces of Goods or the delivery of several parts of Goods, this period starts running from the day of delivery of the last piece or part of Goods, and in the case of a Contract under which we will regularly and repeatedly deliver Goods to you, it starts running from the date of delivery of the first delivery.**
**3. You can withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to our addresses provided under Our identification data). You can also use the sample form provided by us, which is annex No. 2 to the Terms and Conditions.**
**4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is performance specified in § 1837 of the Civil Code.**
**5. The period for withdrawal according to Article 8.2 of the Terms and Conditions is considered to be observed if you send us a notice during its course that you are withdrawing from the Contract.**
**
6. In the event of withdrawal from the Contract under Article 8.2 of the Terms and Conditions, you are obliged to return the Goods to us within 14 days from the withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to a refund of the price of delivery, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by us. In the event of withdrawal due to our breach of the concluded Contract, we also bear the costs associated with the return of the Goods to us, but again only in the amount of the price of delivery corresponding to the cheapest method of delivery of the Goods offered by us.**
**7. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account chosen for the withdrawal from the Contract. However, the amount will not be refunded until we receive the Goods or you prove that the Goods have been sent back to us. Please return the Goods to us clean, if possible, including the original packaging.**
**8. In the event of withdrawal from the Contract under Article 8.2 of the Terms and Conditions, you are responsible for any reduction in the value of the Goods that has occurred as a result of handling the Goods in a manner other than necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in a way that you would familiarize yourself with the Goods in a brick-and-mortar store. In the event that we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for the refund of the Price.**
**9. We are entitled to withdraw from the Contract at any time before delivering 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 related to the nature of the Goods), even before the time specified in Article 6.1 of the Terms and Conditions. We may also withdraw from the Contract if it is evident that you have deliberately provided incorrect information in the Order. If you are purchasing Goods within the scope of your business activities, as a businessman, we are entitled to withdraw from the Contract at any time, even without giving a reason.**
**2. Resolution of disputes with consumers**
**1. We are not bound by any codes of conduct in relation to buyers under the provisions of § 1826 para. 1 letter e) of the Civil Code.**
**2. We handle consumer complaints through the electronic address shop@surficata.com. We will send information about the handling of complaints to the buyer's email address.**
**3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a sales contract concluded by electronic means.**
**4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, serves as a contact point under 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 (Regulation on online dispute resolution for consumer disputes).**
**3. Final provisions**
**1. If our legal relationship contains an international element (e.g., we will deliver Goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, this provision does not affect your rights under legal regulations if you are a consumer.**
**2. We will deliver all written correspondence to you by electronic mail. Our email address is provided under Our identification data. We will send correspondence to your email address specified in the Contract, User Account, or through which you have contacted us.**
**3. The Contract can only be changed with our written agreement. However, we are entitled to change and supplement these Terms and Conditions; however, this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. We will provide you with information about the change at least 14 days before the effective date of the change. If you do not receive notice of the change from you within 14 days of sending information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period for termination, if you terminate, is 2 months.**
**4. In the case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, failures of subcontractors, etc.), we are not responsible for damage caused as a result of or in connection with force majeure, and if the state of force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Contract.**
**5. Annexes to the Terms and Conditions include a sample complaint form and a sample withdrawal form.**
Attachment No. 1 - Complaint Form
Recipient: shop@Surficata.com
Filing a Complaint
Date of Contract:
Name and Surname:
Address:
Email Address:
Product being complained about:
Description of product defects:
Proposed method for handling the complaint:
I also request the issuance of a confirmation of the complaint, stating when I exercised this right, what the content of the complaint is, what method of complaint resolution I request, along with my contact information for the purpose of providing information about the complaint resolution.
Date:
Signature:
Attachment No. 2 - Withdrawal Form
Recipient: shop@Surficata.com
I hereby declare that I am withdrawing from the Contract:
Date of Contract:
Name and Surname:
Address:
Email Address:
Specification of the Product to which the Contract relates:
Method for refunding received funds, including bank account number:
If the buyer is a consumer and has ordered goods through the online store of the company surficata s.r.o. ("Company") or another means of distance communication, except for cases specified in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, the consumer has the right to withdraw from the concluded purchase agreement within 14 days from the date of the contract, or in the case of purchasing goods, within fourteen days from the date of their receipt. In the case of a contract for several items of goods or delivery of several parts of goods, this period begins to run on the day of delivery of the last item or part of the goods, and in the case of a contract under which the goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.
The consumer shall notify the Company of this withdrawal in writing to the address of the Company's establishment or electronically to the email address provided in the sample form.
If the consumer, who is a consumer, withdraws from the purchase agreement, he or she shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase agreement, the goods received from it.
If the consumer, who is a consumer, withdraws from the purchase agreement, the Company shall refund to him or her without undue delay, no later than 14 days from the withdrawal from the purchase agreement, all funds (purchase price of the delivered goods) received from him or her, in the same manner. If the consumer has chosen a method of delivering the goods other than the cheapest method of delivery offered by the Company, the Company shall refund to the consumer the cost of delivering the goods only in the amount corresponding to the cheapest method of delivering the goods offered. The Company is not obliged to refund the received funds to the consumer before the goods are received back or before the consumer proves that the goods have been sent back to the Company.
Date:
Signature:
[INSERT VAT NUMBER]