Terms and Conditions

Welcome to the Whoop·de·doo online store at the web address https://whoopdedoo.love (hereafter “the Website”), which is operated by the company Anna Maresova designers s.r.o., with place of business at Kamenická 746/37, 170 00 Praha 7, ID No. (IČO): 24210234, as listed in the Commercial Register of the Municipal Court in Prague under Section C, Insert 188943 (hereafter “AMD”).

As a business entity, AMD engages in commercial and other entrepreneurial activities to offer products to buyers on the Website.

A buyer is a natural person acting in the capacity of a consumer (hereafter “the Buyer”). These Terms and Conditions do not apply to instances where the Buyer is a natural person or a judicial person acting in the capacity of a business entity. In specifying the designations consumer and business entity, the relevant provisions of Act No. 89/2012 Coll. of the Czech Civil Code, as amended (hereafter “the Civil Code”), and Act No. 634/1992 Coll. on Consumer Protection, as amended, will apply.

Every Buyer visiting the Website must confirm that they are at least 18 years of age, and this information must be truthful. AMD does not bear any liability for false or incorrect information provided by the Buyer.

These Terms and Conditions apply to purchases made in the online store on the Website and, in accordance with 1751, Paragraph 1, of the Civil Code, govern the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement concluded between the Buyer and AMD through the online store (hereafter “the Purchase Agreement”). These Terms and Conditions also set forth the rights and obligations of users of the Website and other relevant legal relationships.

These Terms and Conditions are displayed on the Website, and the Buyer may archive them and view them repeatedly at their discretion.

AMD may reasonably change or amend the wording of these Terms and Conditions and will notify the Buyer of such changes or amendments by email and/or by publishing them on the Website. Such changes or amendments will not, however, affect any rights or obligations arising from the earlier version of the Terms and Conditions for the duration of their effectiveness.

Any presentation of products on the Website is of an informative nature only. The provisions of §1732, Paragraph 2, of the Civil Code do not apply, i.e. such a presentation is not a binding offer to conclude a Purchase Agreement, and AMD is under no obligation to enter into a Purchase Agreement (particularly if the products are sold out or are unavailable for an extended period of time, if there is a technical error on the Website, or if the Buyer has violated the terms of an earlier Purchase Agreement with AMD).

The Website contains information about the products and their respective prices.

The prices of the products are displayed with VAT and other relevant taxes and charges but do not include fees for shipping or cash on delivery, nor do they include any expenses incurred by the Buyer such as banking and similar fees relating to the transfer of money, internet connectivity, communication, etc. The prices remain in effect for as long as they are displayed on the Website. In no way does this provision restrict the ability of AMD to conclude a Purchase Agreement per individually agreed conditions.

The Website also contains information on costs associated with packaging and shipping products. Unless expressly stated otherwise on the Website, this information applies only to products shipped and delivered within the Czech Republic.

The Buyer orders products by completing the order form on the Website. The order form contains the following information:

1. ordered products and their quantity (i.e. products that the Buyer has placed in the electronic shopping cart);

2. method of payment of the purchase price;

3. method of delivery of the products and shipping costs (together hereafter “an/the Order”).

An Order is valid only if all the required information has been provided in the order form. By placing an Order, the Buyer confirms that they have reviewed these Terms and Conditions and the Warranty Claim Policy prior to concluding the Purchase Agreement and that they agree with the versions of these documents that are valid and in effect at the time of placing the Order. The Buyer places the Order by clicking on the button labelled “Order and pay”.

When registering on the Website and/or ordering products, the Buyer must provide correct and accurate information only; therefore, AMD considers a information provided by the Buyer to be correct and accurate.

Prior to placing an Order, the Buyer is allowed to check, correct, or change information entered in the Order. Upon receiving the Order, AMD will immediately send confirmation of receipt to the email address specified by the Buyer in the Order (“the Buyer’s email address”).

Depending on the nature of the order (e.g. the quantity of the ordered products, the purchase price, expected shipping costs, etc.), AMD is entitled at any time to ask the Buyer for additional confirmation of the Order. 

The contractual relationship between AMD and the Buyer is established upon delivery of the confirmation of receipt of the Order (acceptance) sent by AMD to the Buyer’s email address.

The Buyer consents to the use of distance communication to conclude the Purchase Agreement. Expenses incurred by the Buyer in using distance communication to conclude the Purchase Agreement (e.g. internet, telephone, etc.) are standard fees based on the Buyer’s telecommunication service rates. These expenses are covered by the Buyer. 

If AMD is unable to meet any of the requirements stipulated in the Order, instead of confirmation of receipt of the Order, AMD will send an amended offer to the Buyer’s email address with details of all possible variants of the Order and a request for the Buyer to respond to the offer. In this case, the amended offer will be considered a new proposal for conclusion of a Purchase Agreement.

In compliance with §1740, Paragraph 3, of the Civil Code, AMD rules out the possibility of acceptance of an offer containing an amendment or discrepancy. 

All correspondence relating to the Purchase Agreement will be sent to the Buyer’s email address or to the delivery address specified in the Order or in the Buyer’s user account.

The Buyer may use one of the following methods to pay for the products and any shipping fees per the Purchase Agreement:

1. in cash upon receipt of the products, if per the Purchase Agreement the products are to be delivered to the address specified in article 11.12;

2. by bankcard upon receipt of the products, if per the Purchase Agreement the products are to be delivered to the address specified in article 11.12;

3. by bankcard when purchasing online by means of the GOPAY payment gateway;

4. by cash on delivery to a location specified by the Buyer in the Order; 

5. by wire transfer to the AMD bank account: IBAN CZ7920100000002300668626, BIC FIOBCZPPXXX, Fio banka.

In addition to the purchase price, the Buyer is obligated to pay shipping fees (the purchase price and shipping fees together hereafter “the Purchase Price”.

If the Buyer chooses to pay in advance, AMD will wait for full payment of the Purchase Price before shipping the products. 

Namely in cases in which the Buyer does not provide additional confirmation of the Order per article 2.9, AMD is entitled to require full payment of the Purchase Price prior to shipping the products to the Buyer. 

When using a wire transfer to AMD’s bank account, the Buyer must complete payment of the Purchase Price using the provided variable symbol. In this case, the Purchase Price is due within 14 days from conclusion of the Purchase Agreement, whereby the Buyer’s obligation to pay the Purchase Price is fulfilled upon posting of the correct amount to the AMD bank account. 

AMD will not require a deposit or similar advance payment from the Buyer. However, this does not affect the Buyer’s obligation per these Terms and Conditions to pay the Purchase Price n certain situations.

AMD reserves the right to make changes to prices and other changes on the Website.

Special prices are valid while the designated number of discounted products last, or for a limited period of time. Discounts from the Purchase Price of products cannot be combined unless expressly stated otherwise.

If it is commonplace in the ordinary course of business or is required by law, AMD will issue the Buyer a receipt for payments made per the Purchase Agreement. AMD will issue the receipt to the Buyer after full payment of the Purchase Price of the products and will send it to the Buyer’s email address. 

If per the Purchase Agreement AMD must deliver the products to a location specified by the Buyer in the Order, the Buyer is obligated to take delivery of them when they arrive. Furthermore, the Buyer is obligated to duly inspect the products upon delivery. 

If in the Order the Buyer requests a special shipping method, the Buyer assumes all risk and additional costs associated with the requested method.  

If the Buyer does not take delivery of the products when they arrive, AMD is entitled to reimbursement of storage fees.

If, for reasons on the Buyer’s end, repeated attempts to deliver the products must be made, or a shipping method other than the one specified in the Order must be used, the Buyer must pay all associated expenses.

When taking delivery of the products from the carrier, the Buyer must inspect the integrity of the packaging and immediately notify the carrier of any damage. If the packaging has been breached in a way that suggests it has been opened by an unauthorized person, the Buyer is not obligated to accept the delivery.

Per 1829, Paragraphs 1 and 2, of the Civil Code, the Buyer is entitled to withdraw from the Purchase Agreement within fourteen (14) days of the day on which the Buyer (or a third person designated by the Buyer, excluding the carrier) takes delivery of the products or

1. the last product unit in cases in which the Buyer has ordered multiple product units in the same Order that are delivered separately,
2. the last item or part of an Order comprising multiple items or parts,
   

   with the exception of the case specified in article 5.3 or another case in which withdrawal from the Purchase Agreement is not possible. AMD must be notified of the Buyer’s withdrawal from the Purchase Agreement within the period specified in article 5.1.  

The Buyer may withdraw from the Purchase Agreement by means of an explicit declaration of withdrawal delivered to AMD (e.g. with a letter sent to the address specified in article 11.12 or by email). For withdrawal from the Purchase Agreement, the Buyer may also use the form template appended to these Terms and Conditions and which is also available at: /assets/Withdrawal_from_purchase_agreement.pdf

The Buyer acknowledges that,pursuant to §1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for products in sealed packaging that cannot be returned after opening due to health or hygiene safety reasons.

AMD is entitled to withdraw from the Purchase Agreement in the following cases:

1. the products are no longer available (e.g. are no longer being manufactured) and cannot be substituted;

2. in the event of an obvious error in the price of the products on the Website;

3. before the Buyer takes delivery of the products in cases where the Buyer is entitled to withdraw from the Purchase Agreement per the Civil Code; and

4. if the Buyer does not take delivery of the products per article 4.3 above.

In the event of withdrawal, the Purchase Agreement is annulled in its entirety. Without delay and no later than fourteen (14) days of withdrawal from the Purchase Agreement, the Buyer must return the products complete with all accessories and related documentation to AMD at the address specified in article 11.12. This deadline is met if the Buyer posts the products to AMD before the deadline lapses.

In the event of withdrawal from the Purchase Agreement per these Terms and Conditions, AMD will refund the Buyer’s money, including shipping costs, without delay but no later than fourteen (14) days of withdrawal from the Purchase Agreement, and in doing so will use the method by which AMD received the money from the Buyer. AMD is also entitled to refund the Buyer’s money at the time of returning the products, or by another method with which the Buyer agrees and which will not result in any additional expense to the Buyer. If the Buyer chose a shipping option other than the most affordable one offered by AMD, AMD will refund shipping fees equivalent to the most affordable option. If the Buyer withdraws from the Purchase Agreement, AMD is not obligated to refund the Buyer’s money prior to receiving the returned products or before the Buyer provides adequate proof of having posted the products to AMD’s address.

The Buyer will bear responsibility for any reduction in the value of the products arising from handling beyond the scope necessary to assess the nature, characteristics, and functionality of the products.

AMD may deduct from the refunded Purchase Price compensation for damage to the products.

If a gift is provided to the Buyer together with the products, a deed of gift between AMD and the Buyer is concluded with a condition subsequent whereby in the event of withdrawal from the Purchase Agreement by either party, the deed of gift is annulled, and the Buyer must return the gift to AMD together with the products.

The Whoop·de·doo Personal Data Protection Policy, which also encompasses distribution of marketing communication and the use of cookies, can be found at https://whoopdedoo.me/privacy-policy.

AMD is the owner, holder, and licensee of all intellectual property rights on the Website and in any material published on it. Relevant works are protected throughout the world primarily by copyright laws.

Except as permitted by law, the Buyer must not use copies (either offline or online) of any materials printed or downloaded in any way from the Website, including any text, illustrations, photographs, video or audio sequences, and any graphics, without the explicit consent of AMD. The status of AMD (and that of any identified contributors) as the author of content on the Website must always be acknowledged.

Whoop·de·doo is a registered trademark, and individual products offered on the Website are protected by registered designs of AMD.

Where the Website contains links to other sites and resources provided by third parties, such links are provided for informative purposes only. AMD has no control over the contents of such sites and resources.

Therefore, AMD bears no responsibility for the content of websites linked on the Website. Such links should not be interpreted as an endorsement by AMD of the linked websites. AMD will not be held liable for any damages arising from the Buyer’s use of them. 

It is permissible to link to the Website (i.e. the home page), provided it is done in a way that is legitimate and that does not damage or misuse AMD’s good name. It is prohibited to establish a link in such a way as to suggest any form of association, approval, or endorsement from AMD where none exists. The Website must not be framed or embedded on any other site, nor may a link be created to any part of the Website other than the home page. AMD reserves the right to withdraw linking permission without notice.

AMD supplies products for domestic and private use only. If the Buyer uses the products for any commercial, business, or resale purpose, AMD bears no liability for damages incurred by the Buyer.

AMD does not guarantee that the Website or any content on it will always be available or be uninterrupted. AMD may suspend, withdraw, discontinue, or alter all or any part of the Website without notice. AMD bears no liability whatsoever if, for any reason, the Website is unavailable at any time or for any length of time.

AMD does not guarantee that the Website or any content on it is free of errors and/or comissions.

AMD bears no liability for any damages caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Buyer’s computer equipment, computer programs, data, or other material resulting from the Buyer’s use of the Website or from the Buyer downloading any of the content on it or on any other website linked to it.

AMD does not guarantee the Website to be secure or free of bugs and viruses. The Buyer is responsible for configuring their information technology, computer programs, and platform in order to access the Website. The Buyer should use their own virus protection software.

AMD offers takeback of electronic equipment, batteries, and accumulators in accordance with applicable legislation. The Buyer may return old electronic equipment when purchasing similar new electronic equipment, batteries, or accumulators at any AMD store location listed on the Website. 

The Buyer may also return electronic equipment, e-waste, or batteries or accumulators at collection facilities designated in the relevant municipality for the collection of such items.

The Buyer acknowledges that electronic equipment, electronic waste, batteries, and accumulators may not be discarded together with mixed solid waste but must be returned at designated locations.

All relations and any disputes arising from the Purchase Agreement shall be construed exclusively under Czech law and decided by the competent courts of the Czech Republic. This shall not affect the rights of consumers arising from generally binding legislative acts.

If any provision of these Terms and Conditions becomes invalid or ineffective, a provision whose meaning most closely resembles that of the invalid or ineffective one shall apply instead. Invalidity or ineffectiveness of one provision does not affect the validity or effectiveness of other provisions of these Terms and Conditions. Any changes or amendments to the Purchase Agreement or to these Terms and Conditions must be made in writing (including electronic form).

The concluded Purchase Agreement, together with the Terms and Conditions and the Whoop·de·doo Warranty Policy, is archived by AMD in electronic form and cannot be accessed by the Buyer. AMD will, however, always send these Terms and Conditions, the Warranty Policy, and confirmation of receipt of the Order with a summary of the Order to the Buyer’s email address, thus the Buyer will always have access to the Purchase Agreement without the involvement of AMD. We recommend saving the confirmation of receipt of the Order, Terms and Conditions, and the Warranty Policy.

AMD is authorized to sell products and/or provide services on the basis of a trade license, and the activities of AMDare not subject to any further permissions. 

The arbiter for out-of-court consumer disputes is the Czech Trade Inspection Authority (CTIA), with place of business at Štěpánská 796/44, 110 00 Praha 1, email: [email protected], website: adr.coi.cz. The means and conditions of out-of-court resolution of disputes are described in detail at www.coi.cz/en/information-about-adr/. Out-of-court resolution of a consumer dispute must be initiated explicitly by the consumer and only if the dispute has not been successfully resolved directly with the seller. A submission to CTIA must be made within one (1) year of the date on which the consumer first made the claim against the seller that is the subject of the dispute.

The Buyer is also entitled to initiate out-of-court dispute resolution online via the ODR platform: ec.europa.eu/consumers/odr/.

The Buyer is also entitled to lodge a complaint with an independent or state supervisory body. Trade inspection is conducted by the relevant trade authority. Supervision in matters of personal data protection is conducted by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority also conducts supervision of adherence to the Civil Code and the Consumer Protection Act.

The Buyer hereby assumes all risk of a change of circumstances per §1765, Paragraph 2, of the Civil Code. 

In relation to the Buyer, AMD is not bound by any codes of conduct per§1826, Paragraph 1, Letter e), of the Civil Code.

The provisions of these Terms and Conditions constitute an integral part of the Purchase Agreement. The Purchase Agreement may be concluded in the Czech and English languages.

These Terms and Conditions are in force as of 6 January 2023.

• Mailing address: Anna Maresova designers s.r.o., Kamenická 37, 170 00 Praha 7, Czech Republic

• Email: [email protected]

• Telephone: +420 778 065 388