General Terms and Conditions

1. General provisions and seller identification

1.1. These General Terms and Conditions (the “Terms”) govern the mutual rights and obligations arising in connection with a purchase contract concluded between the seller and the buyer through the online shop at https://www.sympatisk.cz/.

1.2. The seller is Sympatisk s.r.o., with the following identification and contact details:

1.3. The buyer is a person who concludes a purchase contract with the seller. A consumer is an individual who concludes a contract with the seller, or otherwise deals with the seller, outside the scope of their business activities or independent professional practice. A business buyer is a buyer who, when concluding the contract, acts within the scope of their business activities or independent professional practice; providing a company identification number in an order generally means that the buyer is purchasing as a business.

1.4. Provisions of these Terms identified as consumer rights apply only to buyers who are consumers. These Terms cannot restrict consumers’ statutory rights.

1.5. The purchase contract is concluded in Czech. The seller retains it electronically for the period necessary to fulfil statutory obligations. The stored contract is not made directly accessible to the buyer; however, the buyer receives confirmation of the contract and the text of these Terms at the e-mail address provided in the order.

1.6. These Terms form an integral part of the purchase contract. Any different provisions in the purchase contract, or expressly confirmed by the seller, take precedence over these Terms.

2. Goods, their characteristics, safety and prices

2.1. The seller primarily offers small gift items, decorations, promotional items, textiles and stationery. The main characteristics, dimensions, material composition, intended use, any age restrictions and other essential information are provided for each item in the online shop.

2.2. When offering goods for sale at a distance, the seller makes available the information required by product safety regulations, in particular information identifying the product and its manufacturer and, where required by law, information about the economic operator responsible for the product in the European Union, together with the relevant warnings or safety information in Czech. If the seller imports goods from a country outside the European Union, the seller also fulfils the statutory obligations of an importer.

2.3. Product photographs are intended to represent the goods faithfully. Different screen settings may cause slight variations in colour. Goods made from natural materials or handmade goods may have natural variations between individual items, provided these are usual for the material or manufacturing method and the buyer is informed of them in the offer. This does not affect the buyer’s right to receive goods matching the agreed description, material, sample and other characteristics.

2.4. All prices include value added tax and other mandatory charges. The price of the goods does not include delivery costs or any costs associated with the chosen payment method; the specific amounts are communicated to the buyer before the order is submitted.

2.5. Prices remain valid for as long as they are displayed in the online shop. This does not affect the seller’s ability to conclude a contract on individually agreed terms.

2.6. When announcing a reduction in the price of goods, the seller states as the previous price the lowest price at which the goods were offered and sold during the 30 days preceding the reduction, or follows any other special statutory rules applicable to progressive price reductions or goods offered for a shorter period.

2.7. If a price is personalised for a particular consumer on the basis of automated decision-making, the seller informs the consumer of this before the contract is concluded.

2.8. If the seller makes consumer reviews available in the online shop, the seller also states whether and how it ensures that those reviews originate from people who actually purchased or used the goods. A review will not be described as verified unless the seller has taken reasonable steps to verify its origin.

3. Orders and conclusion of the purchase contract

3.1. The buyer selects the goods, their quantity and any variants, places them in the shopping cart and, in the order form, selects a delivery and payment method and enters the required contact and delivery details.

3.2. Before submitting the order, the buyer may review and change the information entered. Immediately before submission, the buyer is shown clearly and prominently, in particular, the main characteristics of the goods, the total price, delivery costs and any other charges.

3.3. The order is submitted using a button labelled “Order with an obligation to pay” or another equally unambiguous formulation expressing the obligation to pay. The seller does not use pre-ticked boxes that result in additional payments.

3.4. By submitting an order, the buyer makes a binding offer to conclude a purchase contract. An automated acknowledgement of receipt of the order merely confirms that it has been received and does not constitute acceptance of the offer, unless the acknowledgement expressly states that the seller accepts the order.

3.5. The purchase contract is concluded when a separate confirmation of the seller’s acceptance of the order is delivered to the buyer’s e-mail address. The seller accepts or rejects the order without undue delay, generally within two working days. If the order is not accepted within five working days of its receipt, the buyer’s offer expires.

3.6. Before a contract is concluded, the seller may decline an order, particularly if the goods are unavailable, cannot be delivered to the selected country or have an obviously incorrect price caused by a technical error. The seller informs the buyer without undue delay. If payment has already been received, the seller refunds it without undue delay and no later than within 14 days.

3.7. Confirmation of the conclusion of the contract includes an order summary and these Terms in a form that allows them to be stored and reproduced without alteration. The consumer is also provided with a model withdrawal form.

3.8. The seller may ask the buyer for additional confirmation of the order where this is proportionate to its nature, the quantity of goods, the price or the delivery costs.

4. Payment terms

4.1. The buyer may pay the purchase price and related costs using the following methods: PAYMENT CARD, BANK TRANSFER, CASH ON DELIVERY, APPLE PAY, QR PAYMENT and Google Pay.

4.2. The specific payment deadline and any fee for the selected payment method are stated before the order is submitted. A fee for a payment instrument will not exceed the seller’s direct costs associated with its use.

4.3. For cashless payments, the purchase price is paid when the relevant amount is credited to the seller’s account. Unless otherwise stated during the ordering process, the seller is not obliged to dispatch the goods before the purchase price and delivery costs have been paid in full.

4.4. The seller issues a tax invoice after payment of the purchase price and sends it electronically to the buyer’s e-mail address or makes it available in the customer account.

4.5. Ownership of the goods passes to the buyer upon full payment of the purchase price, but no earlier than upon receipt of the goods.

5. Delivery of goods

5.1. The seller delivers goods using the following carriers or delivery methods: Zásilkovna, DPD and collection in person by arrangement. Goods are delivered within the Czech Republic. Any delivery restrictions are displayed no later than at the beginning of the ordering process.

5.2. The usual delivery time is 7 days. The specific estimated delivery date is communicated to the buyer before the order is submitted. If no delivery time is agreed, the seller delivers the goods without undue delay and no later than within 30 days of the conclusion of the contract.

5.3. Delivery costs depend on the selected method, the delivery location and, where applicable, the dimensions or weight of the parcel. The final amount is displayed before the order is submitted.

5.4. The seller may deliver an order in instalments only if this does not cause additional costs for the buyer or if the buyer agrees.

5.5. The buyer is advised to check that the packaging is intact upon receipt and to request a report from the carrier if there is visible damage. Failure to inspect the packaging or obtain a report does not restrict the buyer’s statutory rights against the seller.

5.6. If the buyer is a consumer, the risk of damage to the goods passes to the buyer when the goods are received by the buyer or a third party designated by the buyer, other than the carrier. If the consumer chooses a carrier that was not offered by the seller, the risk passes when the goods are handed over to that carrier.

5.7. Failure to accept a parcel does not, in itself, constitute withdrawal from the contract. If the buyer breaches the obligation to accept the parcel, the seller may, after prior notice, claim reimbursement of reasonably incurred costs and proceed in accordance with the law, including granting an additional reasonable period and, where applicable, withdrawing from the contract.

6. Consumer’s right to withdraw from the contract

6.1. A consumer may withdraw from a contract concluded through the online shop without giving a reason within 14 days of the date on which the consumer, or a third party designated by the consumer other than the carrier, receives the goods.

6.2. If a single order contains several goods delivered separately, the period runs from receipt of the last item. For goods consisting of several items or parts, it runs from receipt of the last item or part. For regular deliveries of goods over an agreed period, it runs from receipt of the first delivery.

6.3. To meet the deadline, it is sufficient for the consumer to send the seller any unambiguous statement of withdrawal before the period expires. The consumer may use the form in Appendix 1, send the withdrawal to darecci.shop@gmail.com or send it to the seller’s address. If an online withdrawal function is available in the online shop, the consumer may also use that function; the seller confirms receipt in text form without undue delay.

6.4. The consumer sends or hands over the goods to the seller without undue delay and no later than within 14 days of withdrawal, at Nové sady 988/2, Staré Brno, 602 00 Brno. The parcel should not be sent cash on delivery; the seller is not obliged to accept a cash-on-delivery parcel.

6.5. The consumer bears the direct costs of returning the goods. Given the nature of the goods offered, they can generally be returned by ordinary post. If a particular item cannot be returned in this way, the seller states an estimate of the return costs in the offer or before the contract is concluded.

6.6. The seller refunds all payments received from the consumer, including the cost of the least expensive delivery method offered, without undue delay and no later than within 14 days of withdrawal. The seller uses the same payment method unless the consumer agrees to another method at no additional cost. The seller is not obliged to refund the payments before receiving the goods or before the consumer provides proof that they have been sent back, whichever occurs first.

6.7. The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functionality. The goods do not have to be returned in their original packaging. However, missing packaging may reduce their value if the packaging forms part of the goods or is needed for their protection and its absence or damage actually diminishes their value.

6.8. Together with the goods, the consumer returns their accessories and any gift provided exclusively in connection with the purchase of the returned goods, if withdrawal has removed the legal basis for retaining that gift. Failure to return accessories or a gift does not prevent withdrawal, but may give rise to an obligation to compensate for the corresponding reduction in value or to surrender unjust enrichment.

6.9. In particular, a consumer cannot withdraw from a contract for the supply of goods made to the consumer’s specifications or personalised to their needs. Merely choosing from pre-offered standard variants does not generally establish this exception.

6.10. A consumer also cannot withdraw from a contract for the supply of sealed goods that are unsuitable for return for health protection or hygiene reasons once the consumer has broken the seal.

6.11. Other statutory exceptions to the right of withdrawal apply only where the nature of the particular goods or performance falls within them. Merely failing to accept a parcel is not considered an unambiguous statement of withdrawal.

7. Rights concerning defective performance and consumer complaints

7.1. This section also constitutes the seller’s complaints procedure. A separate complaints procedure is not required for consumers to exercise their rights.

7.2. The seller is liable to the consumer for the goods being free from defects upon receipt. In particular, the goods must conform to the agreed description, type, quantity, quality and other agreed characteristics, be suitable for both the agreed and usual purposes, be supplied with the agreed and reasonably expected accessories, packaging and instructions, and correspond to any sample or model provided.

7.3. A consumer may report a defect that becomes apparent in the goods within two years of receipt. If a defect becomes apparent within one year of receipt, it is presumed that the goods were already defective upon receipt, unless the nature of the goods or the defect rules this out.

7.4. A quality guarantee is a voluntary commitment in addition to statutory rights concerning defective performance. It applies only if the seller, manufacturer or another provider expressly grants it in a guarantee statement or advertisement. The two-year period for reporting a defect is not, in itself, a quality guarantee.

7.5. A complaint may be submitted by e-mail to darecci.shop@gmail.com, in person or by sending the goods to Nové sady 988/2, Staré Brno, 602 00 Brno, or, where applicable, to a designated repairer identified in the confirmation of rights concerning defective performance or with the goods. The seller also accepts complaints at its business premises where this is possible given the range of goods sold.

7.6. To facilitate prompt handling, it is advisable to provide the order number, a description of the defect, when it appeared, the requested remedy and contact details. The consumer proves the purchase by suitable means. Acceptance of a complaint cannot be made conditional on presenting the original receipt, original packaging or all accessories, unless the accessories are necessary to assess the defect or provide the requested remedy.

7.7. If the goods must be handed over to the seller to assess the complaint, the consumer provides the necessary cooperation. The seller takes over the goods for remedying the defect at its own expense and reimburses the consumer for reasonably incurred costs associated with a justified complaint.

7.8. When a complaint is made, the seller provides the consumer with written confirmation stating the date it was made, its content, the requested remedy and the consumer’s contact details. After resolving the complaint, the seller provides confirmation of the date and manner of resolution, the repair carried out and its duration, or written reasons for rejecting the complaint.

7.9. If the goods have a defect, the consumer may request that it be remedied. The consumer may choose repair or delivery of new goods without defects, unless the chosen method is impossible or disproportionately costly compared with the other method. The seller may refuse to remedy a defect if doing so is impossible or disproportionately costly.

7.10. The seller remedies the defect within a reasonable time after it is reported, without causing significant inconvenience to the consumer, taking into account the nature of the goods and the purpose of the purchase.

7.11. The consumer may request an appropriate price reduction or withdraw from the contract if the seller has refused to remedy the defect or has not remedied it properly, the defect recurs, it constitutes a material breach of contract, or it is apparent from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience. The consumer cannot withdraw from the contract for an insignificant defect; the defect is presumed not to be insignificant.

7.12. The consumer’s complaint, including remedying the defect, will be resolved and the consumer informed of the outcome no later than within 30 days of the complaint being made, unless the seller and consumer agree on a longer period. If assessment requires the goods to be handed over and the consumer does not provide them despite being requested to do so, the period does not run while the necessary cooperation is not provided.

7.13. Failure to resolve a complaint within the applicable period entitles the consumer to withdraw from the contract or request an appropriate price reduction.

7.14. Rights concerning defective performance do not apply if the consumer caused the defect. Ordinary wear and tear is not a defect, nor is a characteristic corresponding to the nature of the goods about which the consumer was specifically and clearly informed in advance and to which the consumer expressly agreed when concluding the contract.

8. Complaints and customer communication

8.1. The buyer may send suggestions and complaints that do not concern a defect in the goods to darecci.shop@gmail.com or to the seller’s registered office. The seller deals with them without undue delay and informs the buyer of the outcome.

8.2. The costs of using means of distance communication do not differ from the basic rate charged by the buyer’s service provider. The seller does not use a telephone line with a higher than standard rate for communication about a concluded contract.

9. Special provisions for business buyers

9.1. A buyer who is not a consumer has no statutory right to withdraw from the contract without giving a reason within 14 days or to have a complaint resolved within 30 days, unless the seller expressly provides otherwise.

9.2. A business buyer inspects the goods, where possible, as soon as practicable after the risk of damage passes, and checks their characteristics and quantity. The buyer reports defects without undue delay after they could have been discovered through timely inspection and sufficient care. Hidden defects must be reported no later than within two years of delivery of the goods, unless the law provides otherwise.

9.3. If goods are sent to a business buyer, the risk of damage passes to the buyer when the goods are handed over to the carrier for transport to the destination, unless otherwise agreed.

9.4. A business buyer’s rights concerning defective performance are governed by the general provisions of the Civil Code on purchase contracts. A quality guarantee is provided only if expressly agreed or declared.

10. Personal data protection and cookies

10.1. The seller, as controller, processes the buyer’s personal data primarily for the purposes of concluding and performing the contract, processing payments, delivering goods, handling complaints and withdrawals, fulfilling accounting and other statutory obligations, and protecting its legitimate claims. Detailed information required by personal data protection legislation is provided in the Personal Data Processing Policy available at ].

10.2. Personal data may be disclosed to the extent necessary, in particular to carriers, providers of payment, accounting, hosting and IT services, and public authorities where required by law. The seller retains the data only for the period appropriate to the purpose of processing and statutory retention periods.

10.3. The seller sends commercial communications on the basis of consent or, where permitted by law, to existing customers in relation to similar goods. The recipient may opt out at any time, easily and free of charge, using the link in each communication or by contacting the seller.

10.4. Subject to statutory conditions, the data subject may request access to their data, rectification or erasure, restriction of processing or data portability, object to processing, and lodge a complaint with the Office for Personal Data Protection. These individual rights are not absolute and apply subject to the conditions laid down by law.

10.5. The online shop uses essential technical cookies without consent where they are necessary for its operation or to provide the requested service. Non-essential analytical, preference and marketing cookies are stored only on the basis of prior consent. Consent may be withdrawn at any time in the cookie settings. Details are provided in the Cookie Policy at https://www.sympatisk.cz/.

11. Out-of-court resolution of consumer disputes

11.1. If a consumer dispute arising from a purchase contract between the seller and consumer cannot be resolved by mutual agreement, the consumer may submit a request for out-of-court dispute resolution to the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Praha 2, e-mail: adr@coi.gov.cz, website: https://coi.gov.cz/informace-o-adr/.

11.2. In a cross-border dispute, the consumer may also contact the European Consumer Centre Czech Republic at the Czech Trade Inspection Authority. The former European online dispute resolution (ODR) platform was discontinued in 2025, so these Terms do not include a link to it.

11.3. Out-of-court dispute resolution is not a prerequisite for exercising a right before a court.

12. Final provisions

12.1. Legal relations are governed by the law of the Czech Republic. If the buyer is a consumer habitually resident in another country, the choice of Czech law does not deprive the buyer of the protection afforded by mandatory provisions of the law that would apply in the absence of that choice.

12.2. If any provision is invalid or ineffective, this does not affect the validity and effectiveness of the remaining provisions. The applicable statutory rules replace the invalid or ineffective provision.

12.3. The seller may amend these Terms. The version of the Terms in force when the order is submitted applies to the particular purchase contract; subsequent changes do not affect contracts already concluded.

12.4. These Terms take effect on 1 September 2026.

Appendix 1 - Model withdrawal form

Complete and send this form only if you wish to withdraw from the purchase contract. Use of this form is optional.

To:

Sympatisk s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, e-mail: darecci.shop@gmail.com

I hereby give notice that I withdraw from the purchase contract for the following goods:

Goods

Order number, if known

Date ordered / date received

Consumer’s first name and surname

Consumer’s address

E-mail or telephone number for confirmation and communication

Bank account number, only if, with the consumer’s consent, the refund is to be made by a method other than the original payment method

Date

Consumer’s signature, only if sent on paper

Appendix 2 - Complaints form

Use of this form is not a condition for making a complaint. It is intended to help provide the necessary information more quickly.

Seller:

Sympatisk s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, e-mail: darecci.shop@gmail.com

Buyer’s first name and surname / company name

Address

E-mail and telephone number

Order number and date of purchase

Goods subject to the complaint

Description of the defect and when it appeared

Requested remedy: repair / new goods / price reduction / withdrawal, where the statutory conditions are met

Method of handing the goods over to the seller

Bank account number, if relevant to the chosen remedy

Date and signature

To be completed by the seller

Date the complaint was made

Details of the complaint and requested remedy

Date and manner of resolution of the complaint

Reasons for rejection, if the complaint was rejected