Terms and Conditions

GENERAL TERMS AND CONDITIONS for e-shops

These General Terms and Conditions (“Terms”) of Jakub Malý, registered office at Paprsková 1339/10a, Company ID No. 03183742, e-mail: info@brainrotshop.cz, tel.: +420 775 505 477 (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase contract (the “Contract”) concluded via the e-shop on the website brainrotshop.cz (the “E-shop”).

All information on the processing of your personal data is contained in the Privacy Policy, which you can find here.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the Terms.

As you surely know, we communicate primarily remotely. Therefore, the Contract is also concluded using means of distance communication, which allow us to agree without the simultaneous physical presence of both you and us, and the Contract is thus concluded remotely within the environment of the E-shop, via the interface of the website (the “web interface of the E-shop”).

If any part of the Terms conflicts with what we have explicitly agreed during the process of your purchase on our E-shop, that specific agreement shall take precedence over these Terms.

SOME DEFINITIONS

Price means the monetary amount you will pay for the Goods;
Shipping Price means the monetary amount you will pay for the delivery of the Goods, including the price of packaging;
Total Price means the sum of the Price and the Shipping Price;
VAT means value added tax under applicable legislation;
Invoice means a tax document issued in accordance with the Act on Value Added Tax for the Total Price;
Order means your binding proposal to conclude a Contract for the purchase of Goods with us;
User Account means an account created on the basis of the data you provide, which allows you to store your data and the history of ordered Goods and concluded Contracts;
You means the person purchasing on our E-shop, referred to by law as the buyer;
Goods means everything you can purchase on the E-shop.

General Provisions and Information

Goods can only be purchased through the web interface of the E-shop.

When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful.

On our E-shop we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking each review to a specific order. In our internal system we can see an associated order ID for each review, and therefore we are able to verify and demonstrate that the review comes from a real consumer.

CONCLUSION OF THE CONTRACT

The Contract can be concluded with us only in the Czech language.

The Contract is concluded remotely via the E-shop, and you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for using these means (in particular for internet access), and you therefore do not have to expect any additional costs charged by us beyond the Total Price. By submitting an Order you agree that we use means of distance communication.

In order for us to conclude the Contract, you must create an Order on the E-shop. This proposal must include the following information:

Information about the Goods being purchased (on the E-shop you select the Goods you wish to purchase using the “Add to Cart” button);
Information about the Price, the Shipping Price, the method of payment of the Total Price and the requested method of delivery of the Goods; these details are entered during the creation of the Order within the user interface of the E-shop. Information about the Price, Shipping Price and Total Price will be displayed automatically based on the Goods you have chosen, and the selected method of delivery and payment;
Your identification and contact details necessary for the delivery of the Goods, in particular your name, surname, delivery address, telephone number and e-mail address.

During the creation of the Order, you can modify and check the information until it is completed. After checking the data, you complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, you must confirm that you have read and agree to these Terms; otherwise it will not be possible to complete the Order. The confirmation and agreement are made via a check box. Once you press the “Order with obligation to pay” button, all the filled-in information is sent directly to us.

We will confirm your Order as soon as possible after it is delivered to us, by sending a message to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail. The wording of the Terms valid on the day of the Order, i.e. the wording attached as an annex to the confirmation e-mail, forms an integral part of the Contract. The Contract between you and us is concluded upon confirmation of the Order.

There may be cases where we are unable to confirm your Order. This applies in particular where the Goods are unavailable, or where you order a quantity of Goods that exceeds the limit allowed by us. You will always be informed in advance on the E-shop about the maximum quantity of Goods, so this should not come as a surprise. If any reason arises why we cannot confirm the Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you accept our offer.

If an obviously incorrect Price is stated on the E-shop or in the Order, we are not obliged to supply the Goods at this Price, even if you have received an Order confirmation and the Contract has thus been concluded. In such a situation, we will contact you without undue delay and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is then concluded at the moment you accept our offer. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers, or where a digit is missing or added.

Upon conclusion of the Contract, you incur an obligation to pay the Total Price.

If you have a User Account, you may place an Order via this Account. Even in such a case you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The ordering process is the same as for a buyer without a User Account; the advantage is that you do not need to repeatedly fill in your identification data.

In some cases we allow the use of discounts on the purchase of Goods. To apply a discount, you must enter the discount details into the pre-defined field during the creation of the Order. If you do so, the Goods will be provided at a discounted price.

User Account

Based on your registration within the E-shop, you can access your User Account.

When registering a User Account, you are obliged to provide all data truthfully and correctly and to update them in the event of any change.

Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not to provide them to any third party. If they are misused, we bear no responsibility for such misuse.

The User Account is personal, and you are therefore not entitled to allow its use by third parties.

We may cancel your User Account, in particular if you do not use it for more than 90 days, or if you breach your obligations under the Contract.

The User Account may not be available continuously, especially due to necessary maintenance of hardware and software.

PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always stated in the E-shop, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price shown for the Goods in the E-shop and the Price shown in the Order proposal, the Price shown in the Order proposal shall apply, which will always be identical to the price in the Contract. The Shipping Price and any conditions for free shipping are also stated in the Order proposal.

The Total Price is stated including VAT and all fees required by law.

We will require payment of the Total Price after the Contract has been concluded and before the Goods are handed over. You can pay the Total Price in the following ways:

Bank transfer. Payment instructions will be sent to you in the Order confirmation. In the case of bank transfer, the Total Price is due within 48 hours.
Online card payment. In this case, payment is made via the ShoptetPay payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/.
Cash on delivery. In this case, payment is made on delivery of the Goods against handover of the Goods. For cash on delivery, the Total Price is due upon receipt of the Goods.
Cash on personal collection. Cash payment is possible when picking up the Goods at our premises. In this case, the Total Price is due upon receipt of the Goods.

The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.

Title to the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when it is credited to our account; in other cases, payment is made at the moment the payment is executed.

DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

The Goods will be delivered to you no later than within 30 days, in the manner of your choice, and you can choose from the following options:

Personal collection at pick-up points of the company Zásilkovna;
Delivery by courier companies Česká pošta, PPL CZ, Zásilkovna.

Goods can be delivered only within the Czech Republic.

The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation. The time limits stated in these Terms are indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail when the Goods are ready for collection.

Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and us without delay. If there is a defect in the packaging indicating unauthorised tampering with the shipment, you are not obliged to accept the Goods from the carrier.

If you breach your obligation to accept the Goods, except in the cases under Article 4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, failure to accept the Goods does not constitute withdrawal from the Contract between you and us. In such a case, however, we are entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to a fee in the amount of the costs of delivery and return, and any other costs incurred due to failure to accept the Goods. If we decide to withdraw from the Contract, the withdrawal is effective on the day it is delivered to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price or any right to compensation for damages, if incurred.

If, for reasons on your side, the Goods must be delivered repeatedly or in a different manner than agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. Payment details for these costs will be sent to your e-mail address stated in the Contract and are due 14 days from the delivery of the e-mail.

The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, except in the cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery, but for reasons on your side did not do so. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with loss, destruction, damage or any impairment of the Goods.

If the Goods were not marked on the E-shop as being in stock and only an indicative availability date was provided, we will inform you in the event of:

an exceptional interruption in the production of the Goods, in which case we will always inform you of the new expected availability date or of the fact that it will not be possible to deliver the Goods;
a delay in delivery of the Goods by our supplier, in which case we will always inform you of the new expected delivery date.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We warrant that at the moment the risk of damage to the Goods passes to you under Article 7 of the Terms, the Goods are free from defects, in particular that the Goods:

correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
are suitable for the purpose for which you require them and which we have agreed to;
are supplied with agreed accessories and instructions for use, including installation or assembly instructions;
are suitable for the purpose for which goods of this kind are normally used;
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 may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular in advertising or labelling;
are supplied with accessories, including packaging, installation instructions and other instructions for use that you may reasonably expect; and
correspond in quality or workmanship to the sample or model that was provided to you before the conclusion of the Contract.

The rights and obligations regarding rights from defective performance are governed by generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

If the Goods are defective, i.e. in particular if any of the conditions under Article 1 is not fulfilled, you may notify us of such defect and exercise your rights from defective performance (i.e. make a complaint about the Goods) by sending an e-mail or letter to our addresses stated in our identification details, or personally at info@brainrotshop.cz. For complaints you may also use the sample complaint form provided by us as Annex No. 1 to the Terms. In exercising your rights from defective performance, you must choose how you wish the defect to be remedied, and you cannot change this choice without our consent. We will handle the complaint in accordance with the right from defective performance you have exercised.

If the Goods are defective, you have the following rights:

to have the defect remedied by delivering new Goods without defect, or by delivering the missing part of the Goods; or
to have the defect remedied by repairing the Goods,

unless the chosen method of remedy is impossible or disproportionately costly compared with the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant inconvenience to you.

We are entitled to refuse to remedy the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.

You also have the right:

to a reasonable discount on the Price; or
to withdraw from the Contract,

if:

we refuse to remedy the defect or we do not remedy it in accordance with legal regulations;
the defect appears repeatedly;
the defect constitutes a material breach of the Contract; or
it is obvious from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

The right to withdraw from the Contract does not arise if the defect in the Goods is insignificant.

If you have caused the defect in the Goods yourself, you shall not be entitled to rights from defective performance.

Wear and tear of the Goods caused by their usual use, or in the case of used Goods wear and tear corresponding to the degree of previous use, is not considered a defect of the Goods.

When making a complaint, we will issue you a written confirmation stating:

the date on which you made the complaint;
the content of the complaint;
which method of settlement of the complaint you request;
your contact details for the purpose of providing information on the handling of the complaint.

Unless we agree on a longer period, we will remedy the defects and provide you with information on the settlement of the complaint to the contact details provided within 30 days of receiving the complaint. If this period lapses in vain, you may withdraw from the Contract or claim a reasonable discount.

We will inform you of the outcome of the complaint by e-mail and will issue you a confirmation stating the date and method of settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of the reasonably incurred costs. You must prove these costs, for example by receipts or confirmations of shipping costs. If the defect is remedied by delivering new Goods, you are obliged to return the original Goods to us, and we will bear the costs of such return.

If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.

If you are a consumer, you are entitled to exercise your rights from defective performance in relation to a defect that occurs in consumer Goods within 24 months of receiving the Goods.

WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e. termination of the contractual relationship between us and you from its beginning, may occur for the reasons and in the ways set out in this Article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or, in the case of a purchase of goods, within fourteen days from the date of receipt of the goods. If we have concluded a Contract for several items of Goods or for the delivery of several parts of Goods, this period begins on the date of delivery of the last item or part of the Goods, and in the case of a Contract under which we will deliver the Goods regularly and repeatedly, on the date of delivery of the first delivery.

You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to our addresses stated in our identification details). For withdrawal you may also use the sample withdrawal form provided by us as Annex No. 2 to the Terms.

Even as a consumer, however, you may not withdraw from the Contract in cases where the subject of the Contract is performance listed in Section 1837 of the Civil Code.

The withdrawal period under Article 2 of the Terms is deemed to have been complied with if you send us a notification that you are withdrawing from the Contract within that period.

In the event of withdrawal from the Contract under Article 2 of the Terms, you are obliged to send the Goods back to us within 14 days of withdrawal and you bear the costs of returning the Goods to us. You are entitled to reimbursement of the Shipping Price, but only up to an 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 Contract, we will reimburse you for the costs of returning the Goods to us, again only up to an amount corresponding to the Shipping Price for the cheapest method of delivery of the Goods offered by us.

In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was received, or to the account specified in the notice of withdrawal. However, the amount will not be refunded before we receive the Goods, or before you prove that the Goods have been sent back to us. Please return the Goods to us clean and, if possible, in the original packaging.

In the event of withdrawal from the Contract under Article 2 of the Terms, you are liable to us for any decrease in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise yourself with the nature, properties and functionality of the Goods, i.e. in a manner in which you would normally examine the Goods in a brick-and-mortar shop. If we have not yet refunded the Price, we are entitled to set off our claim for such decrease in value against your claim for a refund of the Price.

We are entitled to withdraw from the Contract at any time prior to the delivery of the Goods if there are objective reasons preventing the delivery of the Goods (in particular reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period under Article 1 of the Terms. We may also withdraw from the Contract if it is obvious that you have intentionally provided incorrect information in the Order. If you purchase Goods in connection with your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

DISPUTE RESOLUTION WITH CONSUMERS

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID No. 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer (consumer) arising from purchase contracts concluded by electronic means.

The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the 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).

Final Provisions

If the legal relationship between you and us contains an international element (for example, we will supply goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. If you are a consumer, this choice of law does not affect your rights arising from legal regulations.

All written correspondence will be delivered between you and us by e-mail. Our e-mail address is given in our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or the address from which you contacted us.

The Contract may be amended only by our written agreement. However, we are entitled to amend and supplement these Terms; such change will not affect Contracts already concluded but only Contracts concluded after the effective date of the change. Information about the change will be sent to your e-mail address at least 14 days before the effective date of the change. If we do not receive from you, within 14 days of sending the information about the change, a notice of termination of the Contract for regular and repeated delivery of Goods, the new Terms become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period in case you give notice is 2 months.

In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failure of subcontractors, etc.), we shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both we and you shall have the right to withdraw from the Contract.

Annexes to the Terms are the sample complaint form and the sample withdrawal form.

The Contract, including the Terms, is archived in electronic form by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, and you will thus always have access to the Contract without our further cooperation. We recommend that you always save the Order confirmation and the Terms.

These Terms shall come into effect on 1 July 2025.

Annex No. 1 – Complaint Form

Addressee: [TO BE COMPLETED].

Complaint submission

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Goods subject to the complaint:

Description of defects of the Goods:

Proposed method of handling the complaint:

At the same time, I request that you issue a confirmation of the complaint stating the date on which I exercised this right, the content of the complaint, the method of handling the complaint I request, together with my contact details for the purpose of providing information on the handling of the complaint.

Date:

Signature:

Annex No. 2 – Withdrawal Form

Addressee: [TO BE COMPLETED].

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Specification of the Goods to which the Contract relates:

Method for returning the funds received, including the bank account number, if applicable:

If the buyer is a consumer and has ordered goods via the e-shop of [TO BE COMPLETED] (the “Company”) or another means of distance communication, then, except in the cases set out in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, they have the right to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of a purchase of goods, within fourteen days from the date of receipt of the goods. In the case of a contract for several items of goods or for the delivery of several parts of goods, this period begins on the date of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, on the date of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the Company’s place of business or electronically to the e-mail address specified in the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over to the Company, without undue delay and no later than 14 days from the withdrawal from the purchase contract, the goods which they received from the Company.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days from the withdrawal from the purchase contract, refund to them all monetary funds (the purchase price of the delivered goods), including the costs of delivery, which it received from them under the purchase contract, in the same manner. If the buyer chose a method of delivery of the goods other than the cheapest option offered by the Company, the Company shall refund to the buyer the delivery costs only up to the amount corresponding to the cheapest method of delivery offered. The Company is not obliged to return the received monetary funds to the buyer before it has received the goods back or before the buyer proves that the goods have been sent to the Company.

Date:

Signature: