General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) apply to contracts
concluded through the online store D4M located at the web interface www.d4m.eu (hereinafter referred to as the “Web Interface”) between:
Jan Mayer
Dolní Marklovice No. 258
735 72 Petrovice u Karviné
Czech Republic
ID No.: 88212149
VAT No.: CZ7411285552
As the seller, and you as the buyer
Contact Information:
Tel: +420 773 674 673
English: +420 776 350 272
E-mail: info@d4m.eu
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions of the seller Jan Mayer, Dolní Marklovice 258, Petrovice u Karviné, 73572, ID No.: 88212149, VAT No.: CZ7411285552 (hereinafter the “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website at www.d4m.eu (hereinafter the “Website”), through the web interface (hereinafter the “Web Store Interface”).
1.2. The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal entity or acts when ordering goods within their business activity or independent professional activity.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in Czech. The Purchase Contract may be concluded in Czech.
1.5. The Seller may amend or supplement the Terms and Conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders (hereinafter the “User Account”). If the Web Store Interface allows, the Buyer may also place orders without registration directly through the Web Store Interface.
2.2. When registering on the Website and when ordering goods, the Buyer must provide accurate and truthful information. The Buyer must update the information in their User Account whenever it changes. The information provided by the Buyer in their User Account and when ordering goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used it for more than one year or if the Buyer breaches obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software equipment or third-party equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All product presentations placed in the Web Store Interface are for informational purposes only, and the Seller is not obliged to conclude a Purchase Contract regarding such products. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Web Store Interface contains information about products, including prices. Prices include VAT and all related fees. Prices remain valid as long as they are displayed in the Web Store Interface. This does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms.
3.3. The Web Store Interface also contains information on costs associated with packaging and delivering goods. This information applies only to deliveries within the Czech Republic.
3.4. To order goods, the Buyer fills out an order form in the Web Store Interface, which includes:
3.4.1. the goods being ordered (added to the electronic shopping cart),
3.4.2. the method of payment, requested delivery method, and
3.4.3. information on delivery costs (together hereinafter the “Order”).
3.5. Before submitting the Order to the Seller, the Buyer may review and modify the data entered, including correcting errors. The Buyer submits the Order by clicking “Submit.” The information in the Order is considered correct by the Seller.
3.6. Submission of the Order constitutes a clear identification of the goods, price, Buyer, and payment method, and represents a binding proposal for the Purchase Contract. Validity requires all mandatory fields to be completed, acknowledgment of these Terms and Conditions, and confirmation by the Buyer.
3.7. The Seller will promptly confirm receipt of the Order by email to the Buyer’s email address.
3.8. Depending on the order’s nature (quantity, price, delivery costs), the Seller may request additional confirmation from the Buyer.
3.9. The Order proposal is valid for fifteen days.
3.10. A contractual relationship arises upon acceptance, sent by email to the Buyer.
3.11. If the Seller cannot fulfill part of the Order, they will propose a modified offer and request the Buyer’s position.
3.12. The modified offer constitutes a new proposal, and the contract is concluded upon the Buyer’s acceptance by email.
3.13. The Buyer agrees to using remote communication for concluding the Purchase Contract, bearing any associated costs.
3.14. The Buyer agrees not to add other logos or embroidery to D4M clothing or products without written consent.
D4M complement other logos and embroideries
4. PRICE AND PAYMENT TERMS
4.1. The prices of goods are stated in Czech crowns (CZK) and include value-added tax (VAT) at the applicable rate.
a) in cash at the seller's premises;
b) in cash on delivery at the place specified by the buyer in the order;
c) by cashless transfer to the seller's account
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require the Buyer to pay a deposit or any similar advance payment. This does not affect the provision of Article 4.6 of these Terms regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the Purchase Contract.
4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods while indicating the payment variable symbol. For non-cash payments, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the Seller’s account.
4.6. The Seller is entitled, especially in cases where the Buyer does not subsequently confirm the order (Article 3.8), to request payment of the full purchase price before dispatching the goods to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.
4.8. If customary in commercial practice or required by generally binding legal regulations, the Seller shall issue a tax document – invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a value-added tax (VAT) payer. The Seller shall issue the invoice after the purchase price has been paid and send it electronically to the Buyer’s email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. In accordance with § 1829(1) of the Civil Code, the Buyer has the right to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. If the purchase agreement involves several types of goods or the delivery of multiple parts, this period runs from the day of receipt of the last delivery of the goods. Withdrawal from the purchase agreement must be sent to the Seller within the period specified in the previous sentence.
5.2. The Entrepreneur shall confirm receipt of the Buyer’s withdrawal request without undue delay in a written or electronic form.
5.3. In the event of withdrawal from the purchase agreement under Section 5.1 of these Terms and Conditions, the purchase agreement is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller, including cases where the goods cannot be returned by usual postal means due to their nature.
5.4. In the event of withdrawal from the agreement under Section 5.1 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal, by transfer to the Buyer’s account. The Seller is not obliged to return the funds earlier than 30 working days, and not before the Buyer has returned the goods.
5.5. The Seller is entitled to unilaterally offset any claim for damage to the goods against the Buyer’s claim for a refund of the purchase price.
5.6. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the purchase agreement at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by non-cash transfer to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition: if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift becomes void, and the Buyer is obliged to return the gift to the Seller along with the goods.
5.8. Withdrawal from the purchase agreement is not possible in the case of goods made to order, e.g., made-to-measure clothing, garments with embroidery, etc.
6. TRANSPORT AND DELIVERY OF GOODS
Delivery Time
Goods that are in stock are shipped within a maximum of 5 working days. If the ordered goods are not in stock, the Seller will promptly inform the Buyer of the expected delivery date. In the case of non-standard goods, e.g., made-to-measure items, embroidered garments, or other customized products, the delivery time may be extended to 3–5 weeks depending on the current production situation.
In-Person Pickup
Orders can be collected on the same day, provided that the goods are in stock. In other cases, you will be informed. Orders can be picked up on working days between 9:00 AM and 3:00 PM, or outside this time by arrangement, at the following address:
D4M Petrovice u Karviné 700, Petrovice u Karviné, 735 72, Czech Republic.
PPL - DHL Shipping
PPL - DHL delivers goods up to 30 kg on working days from 8:00 AM to 6:00 PM.
You will be informed by SMS or email the day before delivery about the handover of the goods to the carrier. If the delivery date is inconvenient, you can change the date and/or delivery address according to the instructions in the SMS/email.
On the morning of delivery, you will receive an SMS/email confirming that the goods are with the courier for delivery.
Online Shipment Tracking
Upon delivery, please visually inspect the packaging for damage. The courier will not wait for you to open the package.
Shipping to other Countries
Shipping goods to Slovakia (or other countries) is possible only after prior payment by bank transfer or credit card payment.
For the Slovak Republic, an account with Fio Bank is available, which does not charge additional fees for international payments. The account details are provided in the “Bank Details” section. Goods will be shipped via Czech Post or, if applicable, DHL.
For international orders, we recommend ordering through our contractual partners.
6.1. If the method of shipping is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this shipping method.
6.2. If the Seller is obligated under the purchase agreement to deliver the goods to the location specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. In the case of a COD (cash on delivery) shipment that is not collected, we charge the shipping cost and any verifiable costs incurred for sending the shipment.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check that the packaging is intact and immediately report any defects to the carrier. If the packaging shows signs of unauthorized tampering, the Buyer may refuse to accept the shipment from the carrier.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contractual parties regarding claims for defective performance are governed by the relevant generally binding regulations (in particular, the provisions of §§ 1914–1925, §§ 2099–2117, and §§ 2161–2174 of the Civil Code).
7.2. The Seller is liable to the Buyer that the goods are free from defects at the time of receipt. In particular, the Seller guarantees that, at the time the Buyer takes delivery of the goods:
7.2.1. the goods have the properties agreed upon by the parties, or, in the absence of such agreement, the goods have the properties described by the Seller or manufacturer, or that the Buyer could reasonably expect given the nature of the goods and any advertising;
7.2.2. the goods are suitable for the purpose for which the Seller states they are intended, or for which goods of this type are usually used;
7.2.3. the goods correspond in quality or workmanship to an agreed sample or model, if quality or workmanship was determined based on such sample or model;
7.2.4. the goods are in the appropriate quantity, measure, or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions of Section 7.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by usual use, to used goods for defects corresponding to the degree of use or wear at the time of receipt by the Buyer, or if it arises from the nature of the goods.
7.4. Claims for defective performance are made by the Buyer to the Seller at the address of the Seller’s branch where it is possible to accept complaints with regard to the assortment of goods sold, or alternatively at the Seller’s registered office or place of business. The moment the complaint is submitted is considered the moment the Seller receives the complained goods from the Buyer.
7.5. Additional rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s Complaints Policy.
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.
8.2. The Seller is not bound to the Buyer by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.
8.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz is competent for the out-of-court resolution of consumer disputes arising from the purchase agreement.
8.4. The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the relevant trade office within its jurisdiction. Oversight of personal data protection is performed by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). Within its defined scope, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765(2) of the Civil Code.
9. DELIVERY
9.1. Notices concerning the relationship between the Seller and the Buyer, in particular regarding withdrawal from the purchase agreement, must be delivered by post as a registered letter, unless otherwise specified in the purchase agreement. Notices are sent to the relevant contact address of the other party and are considered delivered and effective at the moment of postal delivery, with the exception of a withdrawal notice by the Buyer, which is effective if the Buyer sends the notice within the withdrawal period.
9.2. A notice is also considered delivered if its receipt was refused by the recipient, it was not collected within the storage period, or it was returned as undeliverable.
9.3. The contractual parties may deliver ordinary correspondence to each other via email, to the email address provided in the Buyer’s user account, the email address specified by the Buyer in the order, or the email address indicated on the Seller’s website.
9.4. Upon submitting the order, the Buyer undertakes to collect the order. In the event that the Buyer does not collect the order, the Buyer thereby commits a breach of the purchase agreement pursuant to Act No. 89/2012 Coll., Civil Code, and the Seller is entitled to claim compensation from the Buyer corresponding to the shipping and handling costs of the uncollected goods.
10. SALES RECORDS (EET)
According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is required to register the received payment with the tax administrator online. In the event of a technical outage, this must be done no later than within 48 hours.
The Seller issues receipts in accordance with the Act on the Registration of Sales either in electronic or paper form, depending on the chosen payment method and delivery option.
11. INFORMATION ON OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
In the event of a dispute between the Buyer, who is a consumer within the meaning of § 419 of the Civil Code, and the Seller arising from the concluded purchase agreement, the Buyer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority (Česká obchodní inspekce) for the purpose of reaching an agreement with the Seller, using the contact details available on the website http://www.coi.cz/ Submission of the proposal and subsequent participation in out-of-court dispute resolution is free of charge for the Buyer, while any costs arising in connection with the out-of-court dispute resolution are borne individually by each party. Participation in out-of-court dispute resolution is voluntary for the Buyer.
Out-of-court dispute resolution is governed by § 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection. A proposal to initiate out-of-court proceedings must include the requirements specified in § 20n of the Consumer Protection Act. A proposal for out-of-court dispute resolution may be submitted no later than one year from the day the Buyer first asserted the claim in dispute with the Seller (e.g., from the moment of the first complaint about the goods or from the moment of requesting a refund of the purchase price following a valid withdrawal from the contract in the event of the Seller’s delay in returning the funds).
Buyers residing in another EU Member State, Norway, or Iceland are entitled to submit a proposal for out-of-court dispute resolution with the Seller through the European Consumer Centre in their country of residence; a list of relevant consumer centers is available on the European Commission’s website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm
12. PERSONAL DATA PROTECTION
The operator of the e-shop, as the data controller (hereinafter referred to as the “Controller”), hereby informs its customers (hereinafter individually referred to as the “Data Subject”) in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the “Regulation”), that:
12.1. Personal data of the Data Subject provided to the Controller when placing an order will be processed for the purpose of concluding the purchase agreement and its subsequent performance, including handling any claims of the Data Subject arising from defective performance. The legal basis for processing the Data Subject’s personal data is therefore the performance of the purchase agreement based on the Data Subject’s order, as well as the fulfillment of the Controller’s statutory obligations under legal regulations governing consumer rights and obligations and accounting requirements.
12.2. The reason for providing personal data to the Controller is the identification of the contractual parties, which is necessary for concluding and performing the purchase agreement; without providing this data, the conclusion and performance of the contract would not be possible.
12.3. The personal data of the Data Subject will be processed for the period during which the Controller is required to retain such data under generally binding legal regulations, at least for 5 years under the Accounting Act or 10 years under the VAT Act.
12.4. The processing of the Data Subject’s personal data will not involve automated decision-making or profiling.
12.5. The Controller has not appointed a Data Protection Officer nor designated a representative to fulfill obligations under the Regulation. Personal data of the Data Subject may be provided, for the purpose of proper order processing, to the delivery service provider selected by the Data Subject, and to persons providing legal and accounting services to the Controller to ensure proper fulfillment of obligations under generally binding legal regulations. The Controller does not intend to transfer the Data Subject’s personal data to a third country, international organization, or other entities than those listed above.
12.6. The Data Subject has the right to request access to their personal data, its correction or deletion, or the restriction of processing, to object to processing, and the right to data portability to another controller, as well as the right to lodge a complaint with the Office for Personal Data Protection if they believe that the Controller is processing personal data in violation of the Regulation.
13. PROCESSING OF PERSONAL DATA AND INFORMATION TO THE DATA SUBJECT
13.1. Basic Provisions
The data controller within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) on the protection of natural persons in relation to the processing of personal data and the free movement of such data is Jan Mayer (hereinafter referred to as the “Controller”).
Controller’s contact details:
Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, network identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
The Controller has not appointed a Data Protection Officer.
13.2. Sources and Categories of Personal Data Processed
The Controller processes personal data you provide or personal data obtained in connection with fulfilling your order.
The Controller processes your identification and contact data and data necessary for the performance of the contract.
13.3. Legal Basis and Purpose of Processing Personal Data
The legal basis for processing personal data is:
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the performance of a contract between you and the Controller (Art. 6(1)(b) GDPR),
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the Controller’s legitimate interest in direct marketing (especially sending commercial communications and newsletters) (Art. 6(1)(f) GDPR),
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your consent to process personal data for direct marketing purposes (especially sending commercial communications and newsletters) (Art. 6(1)(a) GDPR in conjunction with §7(2) of Act No. 480/2004 Coll., on Certain Information Society Services) if no goods or services were ordered.
The purpose of processing personal data is:
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to process your order and exercise rights and obligations arising from the contractual relationship, including personal data required for successful order fulfillment (name, address, contact), which is necessary for concluding and performing the contract; without providing personal data, the contract cannot be concluded or performed,
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sending commercial communications and other marketing activities.
The Controller performs automated individual decision-making within the meaning of Art. 22 GDPR. You have provided explicit consent for such processing.
13.4. Retention Period of Data
The Controller retains personal data:
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for the period necessary to exercise rights and obligations arising from the contractual relationship and claims under that relationship (10 years after termination of the contract),
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for marketing purposes until consent is withdrawn, but no longer than 3 years if personal data is processed based on consent.
After the retention period, the Controller deletes personal data.
13.5. Recipients of Personal Data (Subcontractors of the Controller)
Recipients of personal data are:
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persons involved in delivering goods/services/processing payments under the contract,
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persons providing e-shop operation services and other services related to e-shop operations,
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persons providing marketing services,
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persons handling invoicing and accounting in accordance with the contract and generally binding legal regulations.
Data shared may include:
13.6. Your Rights
Under GDPR, you have:
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the right to access your personal data (Art. 15 GDPR),
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the right to correct personal data (Art. 16 GDPR),
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the right to restrict processing (Art. 18 GDPR),
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the right to delete personal data (Art. 17 GDPR),
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the right to object to processing (Art. 21 GDPR),
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the right to data portability (Art. 20 GDPR),
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the right to withdraw consent in writing or electronically at the Controller’s contact details provided above.
You also have the right to lodge a complaint with the Office for Personal Data Protection if you believe your personal data protection rights have been violated.
13.7. Personal Data Security Conditions
The Controller declares that all appropriate technical and organizational measures have been taken to secure personal data.
Technical measures are in place to secure data storage and physical storage of personal data.
Access to personal data is granted only to authorized personnel.
13.8. Final Provisions
By submitting an order through the online order form, you confirm that you have read and accepted the personal data protection conditions in full.
Consent is confirmed by checking the consent box on the online form.
The Controller reserves the right to modify these conditions. The updated version will be published on the website and sent to the email address you provided to the Controller.
14. COOKIES
