Business conditions
“TianDe” ONLINE STORE TERMS AND CONDITIONS FOR CONSUMERS
These General Terms and Conditions govern the relationship based on the Purchase Contract concluded through the w w w.tiande.eu Online Store (remotely) between the Seller and the Buyer as a consumer.
The Purchase Contract concluded between the Seller and the Buyer-Entrepreneur is made on an individual basis and is governed by its own terms and conditions.
INTRODUCTORY PROVISIONS
These General Terms and Conditions (the “GTC”) regulate the relations between the parties to the Purchase Contract, where on one side is
ISTA CORPORATION, s.r.o.,
Company ID No. 248 30 933, Tax ID No. 248 30 933,
with its registered office at Prague 8, Pobřežní 370/4, Postal Code 186 00,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 178360,
Phone number: +420 211 222 818 Email address: prague@tiande.eu
as the Seller, who as the official distributor of TianDe products in the Czech Republic operates the
w w w.ti and e. eu Online Store (the “Website” or “Online Store”), and on the other side is the Buyer- Consumer who has duly and fully registered on the Website and has been assigned a registration number.
The Buyer may only act as a consumer. ATTENTION! If you are acting as an entrepreneur and are interested in concluding a Purchase Contract as an entrepreneur – please contact us at:
prague@tiande.eu, where. We will be happy to assist you promptly. Thank you for your understanding!
Consumer: any individual who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into a contract with the Seller or otherwise deals with the Seller.
Entrepreneur a person who: i) independently carries out a gainful activity on their own account and responsibility, in a trade or similar manner, with the intention of doing so on a continuous basis for the purpose of making a profit; ii) enters into contracts related to their own business, manufacturing, or similar activity, or in connection with the independent exercise of their profession, or acts on behalf of or for the account of a business entity; iii) is registered in the Commercial Register; iv) holds a trade license or other authorization to conduct business under other applicable laws.
Laws: Legal relations between the Seller and the Buyer not expressly regulated by these GTC are governed by the applicable laws of the Czech Republic, in particular the relevant provisions of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”) and Act No. 634/1992 Coll., on Consumer Protection (the “Consumer Protection Act”), as well as related regulations.
The GTC: The provisions of the GTC are an integral part of the Purchase Contract pursuant to Section 1751 (1) of the Civil Code. In the event of any differences between the GTC and the individual Contract,
the text of the Contract shall prevail. By submitting an order, the Buyer confirms that they have read and understood these GTC, including the information provided prior to the conclusion of the Contract, the complaints procedure, delivery and payment terms, and the “PERSONAL DATA PROCESSING POLICY – ISTA CORPORATION, s.r.o.”, and that they expressly agree to them, in the version valid and effective at the time of sending the order.
The Buyer acknowledges that by entering into a Contract with the Seller, they do not acquire any rights to use the Seller’s or their contractual partners’ trademarks, trade names, company logos, utility models, patents, or similar, unless otherwise agreed in a specific contract.
Goods: Everything that the Buyer can purchase on the Online Store.
COMMUNICATION BEFORE THE CONCLUSION OF THE PURCHASE CONTRACT
The Seller informs the Buyer in accordance with Section 1820 of the Civil Code that:
The costs of using means of distance communication do not differ from the basic rate (in the case of internet or telephone connection, according to the terms of the Buyer’s operator; the Seller does not charge any additional fees. This does not apply to any contractual transport arrangements);
The Seller requires full payment of the purchase price before the Buyer receives the goods or services; any obligation to pay a deposit or similar advance payment applies only if the Buyer requests specific services, provided such services are required and offered;
The Seller does not enter into contracts that entail recurring performance. If such contracts are mediated, the provider of the relevant service shall inform the Buyer of the minimum period during which the contract will be binding, including information about the price or the method of its determination for one billing period, which is always one month if the price is fixed;
The prices of goods and services are listed on the website in CZK for customers from the Czech Republic (for other language versions of the website intended for consumers outside the Czech Republic, prices are displayed in EUR – please check your selected language version accordingly). Prices are shown inclusive of VAT and all statutory charges; however, the costs related to the chosen payment method and the delivery of goods or services vary depending on the selected method and delivery/payment provider and may be charged additionally. For more information about shipping methods, delivery times and costs, please refer to: Delivery | TianDe.
The payment method is further regulated by these GTC in Article V – “Price of Goods and Payment Terms”.
Withdrawal without Giving a Reason: The Buyer, as a consumer, has the right to withdraw from
the C ontract withou t giv in g any re ason (unless stated otherwise below) within a period of 14 days, which commences:
in the case of a Purchase Contract, on the day the goods are received;
in the case of a contract involving several types of goods or delivery in several parts, on the day the final delivery is received; or
in the case of a contract that entails regular recurring delivery of goods, on the day the first delivery is received.
The Buyer may withdraw from only part of the Contract.
The Buyer may withdraw from the Purchase Contract by any unambiguous statement addressed to the Seller (for example, by a letter sent via a postal service provider to the above-registered address or by email to the address provided above). The Buyer may use the sam ple withdrawal
form attached to the GTC but is not obligated to do so. To comply with the withdrawal period, it is sufficient to send the notice of withdrawal before the expiration of the relevant deadline.
If the Buyer withdraws from the Purchase Contract, they are obligated to send the goods they have received from the Seller back to the Seller’s registered address without undue delay, no later than 14 days from the withdrawal from the Purchase Contract. It is recommended that the goods be returned to the Seller at the registered address mentioned above. The deadline is deemed to be met if the Buyer sends the goods back to the Seller before the 14-day period has expired. The direct costs associated with the return of the goods are borne by the Buyer.
If the Buyer withdraws from the Purchase Contract, the Seller shall, without undue delay and no later than 14 days from the date the notice of withdrawal is received, return all payments received from the Buyer (i.e., the purchase price of the delivered goods), including the cost of delivery (with the exception of any additional costs incurred as a result of the delivery method chosen by the Buyer that differs from the least expensive delivery method offered by the Seller). The Seller shall use the same means of payment used by the Buyer to make the initial transaction for the refund, unless the Buyer has expressly stated otherwise. Under no circumstances shall the Buyer incur any additional costs as a result. However, if the money cannot be refunded in the same manner, for example if your credit card has expired, you are responsible for the accuracy of the information you provide to us for the refund.
The Seller is not obligated to refund the received payment to the Buyer before the goods have been returned or before the Buyer provides proof that the goods have been sent back to the Seller.
The Buyer is only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods.
If the delivery of goods includes a “gift”, the Buyer is obligated to return the gift to the Seller together with the goods. If the Buyer does not return the provided gift along with the goods, the Seller is entitled to withhold the refund of the purchase price until the gift has been returned.
The Buyer may not withdraw from the Contract:
for the provision of services, if the services have been fully performed; in the case of paid services, only if performance began with the consumer’s prior express consent before the withdrawal period expired, and the entrepreneur informed the consumer before concluding the Contract that by completing the service, the right of withdrawal would be lost;
for the supply of goods whose price depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period;
for the supply of goods made to the consumer’s specifications or clearly personalized to the consumer’s individual needs;
for the supply of goods that are perishable or have a short shelf life, as well as goods which, after delivery, have been irreversibly mixed with other goods due to their nature;
for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if the seal has been broken by the consumer;
for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts for their delivery.
The Buyer is liable to the Seller for any diminished value of the goods resulting from handling the goods in a manner other than what is necessary to examine their nature, characteristics, and functioning.
The rights arising from defective performance are governed by Article IV of these GTC.
The Seller has not committed to complying with any code of conduct.
The Purchase Contract, as well as the relevant tax document, will be stored in the Seller’s electronic archive. Registered users (buyers) will have access to this information through their user profile.
If the consumer has a complaint, they may address it to the Seller or to the relevant supervisory or regulatory authority. Information regarding out-of-court dispute resolution for consumers is provided in detail in Article XI of these GTC.
REGISTRATION
The option to purchase through the Online Store is, due to the Seller’s sales concept, limited exclusively to registered customers.
In order to conclude the Purchase Contract, the Buyer is obligated to register on the w w w.tiande.e u website, using the registration form. In case of successful registration, the Buyer is assigned a registration number.
PURCHASE CONTRACT
The procedure for concluding the Purchase Contract:
The goods presented on the Online Store website constitute an offer to conclude a Purchase Contract, subject to stock availability or the Seller’s ability to fulfil the order.
The Buyer may conclude the Contract by logging into their account on the website (registration), accepting the offer to conclude the Contract by adding the desired goods to the shopping cart,
reviewing the cart contents, and then clicking the “Place an Order” button to submit the order proposal, which they subsequently complete and send to the Seller.
In order to complete the order, the Buyer is asked to fill in the order form – i.e., the order proposal, and to review and provide any missing information. The Buyer is obligated to:
Check the summary of ordered goods.
Specify delivery address.
Make a selection of the method of payment for the purchase price of the goods.
Choose the delivery method for the goods (this section includes information about the costs associated with the delivery).
Before the Buyer conclusively confirms the order proposal, they have the right to modify the requested goods, delivery method, and payment method, and to review all the information entered in the order. The order is completed and sent to the Seller at the moment the Buyer clicks the “Order with obligation to pay” button.
The Seller is not responsible for any errors occurring during data transmission. The information provided in the order is considered by the Seller to be correct and final. The Buyer is responsible for the accuracy of the provided data and acknowledges that after submitting the order, it is no longer possible to change these details (e.g., delivery address, chosen payment method, etc.). However, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), the Seller reserves the right to request additional confirmation of the order from the Buyer.
Information on the individual technical steps leading to the conclusion of the Contract is described both in these GTC and here: How to buy on the website | TianDe .
The Seller may subsequently accept the Buyer’s order. The Purchase Contract is concluded only upon the Seller’s delivery of the order acceptance to the Buyer’s email address provided in the Buyer’s registration account (the “Purchase Contract” or simply the “Contract”). Upon acceptance of the order, the Seller shall also provide the Buyer with the full text of these GTC (including forms for exercising rights related to defects and withdrawal).
In the “Order Confirmation,” the Buyer is requested to pay the purchase price within 2 days from the date the Purchase Contract is concluded (i.e., from the moment the Seller accepts the order) by clicking the “Pay” button which will redirect the Buyer to the selected payment gateway. If the order is not paid within 2 days from the conclusion of the Purchase Contract, it shall be considered that the Buyer has withdrawn from the Purchase Contract as of the order creation date, and the Purchase Contract shall be fully cancelled from the outset (so-called automatic order cancellation).
If no delivery time for the goods is agreed upon (within the order or on the website), the Seller shall deliver the item to the Buyer without undue delay after payment of the purchase price, but no later than 30 days from the conclusion of the Purchase Contract.
The Seller fulfils the obligation to deliver the goods to the Buyer by allowing the Buyer to take possession of the item at the place of performance and by notifying the Buyer in a timely manner. If the Seller is to ship the goods, the goods are considered delivered to the Buyer at the moment the carrier hands over the goods to the Buyer or to a person designated by the Buyer.
The tax document (invoice) is sent to the Buyer’s email address provided in the registration form and is also accessible to the Buyer within their user account. (In cases of contracts concluded with
consumers outside the Czech Republic, no tax document is issued, and the Seller applies the “One-Stop Shop” (OSS) special scheme.)
The concluded Purchase Contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.
The Seller reserves the right to refuse acceptance of an order, particularly in situations where the goods are unavailable due to a high volume of orders, or for similar reasons. However, the Seller will promptly contact the Buyer with a proposal for the possible course of action.
The Contract is concluded in the Czech language. If a translation of the Contract text is provided for the Buyer’s convenience, in the event of any dispute regarding the interpretation of terms, the Czech version of the contract shall prevail.
Terms of the Purchase Contract:
By the Purchase Contract, the Seller undertakes to deliver the goods subject to the purchase to the Buyer and allow the Buyer to acquire ownership rights to the goods, and the Buyer undertakes to accept the delivery of the goods and pay the purchase price to the Seller.
The Seller reserves ownership rights to the goods, and the Buyer shall become the owner of the goods only upon full payment of the purchase price.
The Seller shall deliver the goods to the Buyer in the agreed quantity, quality, and specification.
If the packaging of the goods is not agreed upon, the Seller shall package the goods according to customary practice; if no such practice exists, then in a manner necessary to preserve and protect the goods. The Seller shall prepare the goods for transport in the same manner.
PRICE OF GOODS AND PAYMENT TERMS
All prices are contractual. The Online Store always displays current and applicable prices.
Prices are final, displayed in Czech currency (CZK). For other language versions intended for consumers outside the Czech Republic, prices are shown in EUR under the special OSS regime. All prices include VAT and, where applicable, any other taxes and charges that the Buyer must pay to obtain the goods. However, the price does not include delivery charges, any fees for the chosen payment method, or the costs of using means of remote communication.
Prices are rounded to whole Czech crowns (for tax and VAT reasons). The Seller therefore advises the Buyer that in certain cases, particularly when purchasing multiple items or goods with lower individual prices, the sum of the VAT and the VAT base in the recapitulation section and the sum of the individual items will not match. However, this is due to necessary rounding and/or because of the application of bonuses (such as a discount on the entire purchase amount budgeted across all items, except shipping) and discounts.
The promotional prices are valid until the stock is sold out where the number of pieces of the promotional goods is specified or for a specified period of time.
Regular price means the manufacturer/supplier's recommended retail price.
The price of the goods is displayed together with the indication of the purchase score of the goods (B)
– this information is purely for the purpose of calculating the bonus discount, which is governed by its own terms and conditions.
The presentation of the goods may be marked with an additional rating for further marketing actions of the Seller; please see Promotions.
In the event that the Online Store or the order contains an obviously erroneous price, the Seller is not obligated to deliver the goods to the Buyer at this obviously erroneous price, even if the Buyer has received confirmation of acceptance of the order and therefore the Contract has been concluded. In this case, the Seller will contact the Buyer with a proposal for a possible course of action. An obvious error in price is considered to be, for example, a situation where the price does not correspond to the usual price at other sellers or where a digit is missing or mistakenly added.
Payment Options
The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract in the following manners:
in cash or by payment card at the Seller’s registered office / brick-and-mortar store, but only for goods for which the Seller expressly allows this payment method;
cashless payment by MasterCard or Visa via an online payment gateway (Comgate or Global Payments).
For payment processing, the Seller cooperates with the Comgate payment gateway and with Global Payments Europe, s.r.o. The Buyer may receive payment-related communication from these external service providers.
The Seller shall dispatch the goods promptly upon receiving confirmation of payment.
For security reasons, all information related to online card payments is encrypted. The Seller works only with authorized payment service providers. Payment card details are handled properly and in accordance with international data security standards applicable to the payment card industry (PCI DSS).
Sensitive login information entered by the Buyer into the online banking system is protected by the bank’s payment gateway and is not accessible to third parties. Payment processors only receive transaction information provided by the bank along with the payment.
The goods remain the property of the Seller until full payment of the purchase price has been made; however, the risk of damage to the goods passes to the Buyer at the moment of delivery.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 2 days of the conclusion of the Purchase Contract, unless stated otherwise.
For cashless payments, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
The Seller is entitled to require full payment of the purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.
DELIVERY TERMS AND CONDITIONS
Shipping options and delivery conditions are detailed here: Delivery | TianDe.
The Buyer is obligated to inspect the condition of the shipment immediately upon delivery together with the carrier (e.g., number of packages, integrity of the tape bearing the company logo, damage to the box) according to the attached delivery note. The Buyer is entitled to refuse acceptance of the shipment if it does not comply with the Purchase Contract, for example, if the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery report.
Any incomplete or damaged shipment must be reported without delay to the Seller by email at prague@ti and e.eu , a damage report must be drawn up with the carrier, and this report must be sent to the Seller promptly by email or post. A later complaint regarding incompleteness or external damage to the shipment does not deprive the Buyer of the right to make a complaint, but it does give the Seller the opportunity to prove that there was no breach of the Purchase Contract.
In the event that for demonstrable reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or using a different method than specified in the order (e.g. incorrect address or other contact details), the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
The Seller shall be entitled to withdraw from the Purchase Contract in the event that the Buyer fails to pay in advance the costs associated with the re-delivery of the goods due to the proven fault of the Buyer.
RIGHTS FROM DEFECTIVE PERFORMANCE
The goods are defective if they do not have the agreed characteristics. A defect is also considered to include the delivery of a different item and defects in the documentation necessary for the use of the goods.
The Buyer’s right from defective performance is based on the defect that the goods have when the risk of damage passes to the Buyer, even if it becomes apparent later. The Buyer's right shall also be established by a defect arising later which the Seller has caused by a breach of the Seller’s duty.
The Buyer shall, where possible, inspect the goods as soon as the risk of damage has passed to the Buyer and verify their properties and quantity.
The risk of damage passes to the Buyer upon acceptance of the goods. The same consequence applies if the Buyer does not take possession of the goods, even though the Seller has allowed them to do so.
Damage to the goods occurring after the risk of damage to the goods has passed to the Buyer does not affect the Buyer's obligation to pay the purchase price, unless the Seller caused the damage by breaching the Seller’s obligation.
If one party is in default of taking delivery of the goods, the other party has the right, after prior notice and after granting an additional reasonable period for acceptance, to sell the goods in an appropriate manner at the expense of the defaulting party. This shall also apply if the party is in default of the payment which is conditional upon the handing over of the item.
Defects of the Goods
The Seller is liable to the Buyer that the item is free of defects at the time of handover. In particular, the Seller guarantees to the Buyer that the item:
corresponds to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics;
is suitable for the purpose for which the Buyer requires it and which the Seller has agreed to;
is delivered with the agreed accessories, including packaging, assembly or installation instructions, and other user instructions that the Buyer may reasonably expect;
is suitable for the purpose for which items of that kind are usually used;
corresponds in quality or workmanship to the agreed sample or prototype that the Seller provided to the Buyer before concluding the Contract;
in terms of quantity, quality, and other characteristics, including durability and safety, corresponds to the usual properties of items of the same kind that the Buyer may reasonably expect, also taking into account public statements made by the Seller or another party in the same contractual chain, particularly advertising or labelling.
The Seller is not liable for defects arising from:
defects caused by the Buyer (e.g., mechanical damage to the goods; using the goods under conditions not matching the temperature, dust, humidity, chemical or mechanical environmental influences directly specified by the Seller or manufacturer; unauthorized modifications or changes of parameters; alterations to the goods, if the defect resulted from such modification);
wear and tear caused by usual use of the item;
damage caused by natural disasters or force majeure;
for items sold at a lower price due to a defect for which the lower price was agreed;
for used items for defects corresponding to the level of use or wear the item had at the time of the Buyer’s acceptance, or as arises from the nature of the item.
Rights from Defective Goods
If the item has a defect, the Buyer may request its remedy. At their discretion, the Buyer may request the delivery of a new item without defects or the repair of the existing item, unless the chosen method is impossible or unreasonably costly compared to the other option.
If the defect affects only a part of the item, the Buyer may request replacement of that part only. The Seller shall remedy the defect within a reasonable period after it has been reported.
If the Seller does not remedy the defect, if the defect occurs repeatedly, if the defect constitutes a material breach of contract, or if it is apparent from the Seller’s statement or the circumstances that the defect will not be remedied within a reasonable time, the Buyer may request a reasonable discount or withdraw from the Contract.
The Buyer may not withdraw from the Contract if the defect is immaterial.
The right to claim for defective performance does not apply if the Buyer knew about the defect before accepting the item, or if the defect was caused by the Buyer.
The Buyer is entitled to compensation for costs reasonably incurred in exercising their rights from defective performance, under the conditions set out in Section 1924 of the Civil Code.
In the event of withdrawal from the Purchase Contract or a price reduction, the relevant payment will be refunded to the Buyer in the same manner in which the purchase price was paid (e.g., by refund to the payment card or in cash at the Seller’s premises – brick-and-mortar store). However, if the money cannot be refunded in the same manner, for example if your credit card has expired, you are responsible for the accuracy of the information you provide to us for the refund.
COMPLAINTS PROCEDURE
By concluding the Purchase Contract and accepting the goods from the Seller, the Buyer agrees to this Complaints Procedure.
Deadlines
The Buyer may notify a defect that appears within 2 years from the date of receipt of the goods.
If a defect becomes apparent within one year of receipt, it is presumed that the item was already defective at the time of receipt, unless the nature of the item or defect indicates otherwise.
If a period during which the item can be used (expiry date) is stated on the item, its packaging, the instructions enclosed with the item, or in advertising in accordance with other legal regulations, the Seller warrants that the item will be fit for use for its usual purpose or will retain its usual properties for that period. The indication of the warranty period or the shelf life of the item on the packaging or in the advertisement also has these effects.
For consumer goods (e.g., cosmetics, dietary supplements, etc.), the Buyer is entitled to assert rights arising from a defect within 2 years of receipt, unless an expiry date is indicated on the goods. In such a case, the period is shortened and the right may only be exercised until the expiry date stated on the packaging.
Making a Complaint
The Buyer may make a complaint using the Seller’s contact details or at the Seller’s registered office (brick-and-mortar store).
The Seller recommends that the Buyer send the defective goods for complaint processing by a delivery service to the address of the Seller’s registered office:
ISTA CORPORATION, s.r.o.,
Pobřežní 370/4 186 00 Prague 8 Czech Republic
Phone number: +420 211 222 818 Email address: prague@tiande.eu
The claimed goods should be packaged in a manner that prevents damage during transport.
The shipment should be visibly marked as “COMPLAINT” and must include: the claimed goods including all accessories, a copy of the purchase receipt (available in the Buyer’s registration account), and a
detailed description of the defect along with the Buyer’s contact details. Without the above, it is not possible to identify the origin or the defect of the goods.
As a cover letter, the Seller recommends using the “Complaint Form”, which is attached to these GTC.
In the event that the warranty certificate or a similar document (such as the Purchase Contract) specifies a different entrepreneur, other than the Seller, to carry out repairs under warranty, and this entrepreneur has a registered office or place of business in the same location as the Seller or in a location more convenient for the Buyer, the Buyer shall assert the right to warranty repair with the entrepreneur specified in the warranty certificate. This information can be found in the document that replaces the warranty card, if applicable.
The Seller shall issue the Buyer a written confirmation of when the complaint was filed, what it concerns, and the method of resolution requested. This confirmation shall be sent by email immediately upon receipt of the complaint. In the event that the complaint is submitted in person at the Seller’s registered office (brick-and-mortar store), the confirmation shall be provided to the Buyer immediately in paper form, or electronically by mutual agreement. The confirmation serves solely as proof of receipt of the complaint. The condition of the goods will be assessed as part of the complaints procedure.
The complaint, including the remedy of the defect, must be resolved without undue delay, and no later than 30 days from the date the complaint was filed, unless a longer period is agreed upon between the Seller and the Buyer. After this period expires, the Buyer is entitled to the same rights as if there had been a material breach of contract.
The time limit for resolving the complaint is suspended if the Seller has not received all necessary documentation required for handling the complaint (relevant parts of the goods, supporting documents, etc.). The Seller is obligated to request the missing documentation from the Buyer as soon as possible. The time limit is suspended from that date until the Buyer supplies the requested documentation.
The Seller has the right to refuse to accept goods for complaint processing in cases where the claimed goods and/or their components are soiled or otherwise fail to meet the basic requirements for hygienically safe handling, unless the contamination is usual and expected for the type of goods.
WITHDRAWAL FROM THE CONTRACT Withdrawal from the Contract
The Buyer is entitled to withdraw from the Contract in all cases stipulated by law.
The withdrawal becomes effective against the Seller at the moment the Seller receives the Buyer’s notice of withdrawal from the Contract, provided that all legal conditions for such withdrawal are fulfilled. In the event of withdrawal from the Contract, the Contract shall be cancelled from the outset and the parties shall be obligated to return to each other everything they have provided to each other on the basis of the Contract. If the Contract is cancelled due to the exercise of rights arising from liability for defects, the Buyer shall return the performance provided by the Seller only to the extent objectively possible in the given situation.
The Buyer acknowledges that if gifts are provided along with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the consumer exercises the right to
withdraw from the Purchase Contract, the gift agreement becomes ineffective, and the Buyer is obligated to return the gifts received in connection with the goods, including anything by which the Buyer has been enriched. In the event that these are not returned, it will be treated as unjust enrichment of the Buyer. If the return of the item constituting unjust enrichment is not reasonably possible, the Seller is entitled to financial compensation in the amount of the usual market value of the item.
Withdrawal without Stating a Reason
The consumer has the right to withdraw from the Contract without stating any reason within the time limit and under the conditions specified in Article II letter (f) of these GTC.
Withdrawal from the Contract in Other Cases
The Buyer may withdraw from the Contract only in cases stipulated by law, in particular in the event of a material breach of the Purchase Contract by the Seller.
Withdrawal from the Purchase Contract by the Seller
The Seller reserves the right to cancel the order or part thereof and withdraw from the Purchase Contract in the event that the goods are no longer manufactured or supplied, the Supplier’s price has changed significantly, or in other cases specified in these GTC. If such a situation occurs, the Seller shall promptly contact the Buyer to agree on the next steps. In the event that the Buyer has already paid part or all of the purchase price, such amount shall be refunded to the Buyer in accordance with the provisions set out in these GTC.
The Seller also reserves the right not to process an order if, on the date of the order, any previous order from the Buyer remains unpaid past its due date in full and/or if the Buyer is in gross breach of any agreement concluded with the Seller.
DATA SECURITY AND PROTECTION
The data is stored on protected servers and the Seller provides all the necessary legal, organizational and technical measures to protect the data from unauthorized access, alteration, disclosure or destruction of Buyers’ personal data.
The Seller declares that all personal data is confidential and will only be processed under the terms of the “PERSONAL DATA PROCESSING POLICY – ISTA CORPORATION, s.r.o.”.
OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
If a consumer dispute arises between the Seller and the Buyer who is a consumer, the Buyer who is a consumer has the right to resolve the dispute out of court.
The entity providing out-of-court settlement under the regulations on consumer protection is the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869. website: w w w.coi.cz, established by Act No. 64/1986 Coll., on the Czech Trade Inspection, which the customer may contact via e-mailroom available on the website of the Czech Trade Inspection Authority.
It is also possible to resolve the dispute online via the dedicated OD R platform :
https:/ /ec.eu ropa.eu/cons umers/odr/main/ index.cf m?eve nt=mai n.home2.sho w&a mp;lng= CS
FINAL PROVISIONS
Relationships and any disputes arising from the Contract shall be governed exclusively by the laws of the Czech Republic and shall be resolved by the competent general courts of the Czech Republic.
In the event that the Contract includes an international element (for example, if the Seller ships goods outside the territory of the Czech Republic), the relationship shall always be governed by the laws of the Czech Republic. This provision does not affect the consumer’s rights arising from any applicable laws.
The Seller primarily communicates with the Buyer via electronic mail. For this purpose, the email address provided by the Buyer in the registration form, in the order, or the email address used by the Buyer to contact the Seller shall be used.
If any provision of these GTC is or becomes invalid or ineffective, such invalid provision shall be replaced by a valid one that most closely reflects the intent of the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
Amendments to the Purchase Contract require written form and the consent of both parties.
The Seller is entitled to amend or supplement these GTC; however, such changes shall not affect contracts already concluded, but only contracts concluded after the effective date of the amendment. Information about the change to the GTC will be sent to the email address of all registered buyers at least 14 days before the change takes effect.
These GTC are valid and effective as of 1.09.2025 and cancel the previous version of the GTC.
The GTC are available at the Seller’s registered office and in electronic form on the Seller’s website. A sample complaint form and a sample withdrawal form are annexed to the GTC.
ANNEX 1 – COMPLAINT FORM
Addressee:
ISTA CORPORATION, s.r.o.,
Pobřežní 370/4 186 00 Prague 8 Czech Republic
Phone number: +420 211 222 818 Email address: prague@tiande.eu
Re: Product Complaint
I, the undersigned, hereby make a complaint:
Contract conclusion date: | |
First name and surname: | |
Address: | |
E-mail address: | |
Goods subject to complaint: | |
Description of defects: | |
Suggested method of the complaint resolution: |
I also request the issuance of a confirmation of the complaint submission, indicating the date on which I exercised this right, the subject of the complaint, the method of resolution I am requesting, along with my contact details for the purpose of receiving information regarding the resolution of the complaint.
Date: Signature:
ANNEX 2 – WITHDRAWAL FORM
Addressee:
ISTA CORPORATION, s.r.o.,
Pobřežní 370/4 186 00 Prague 8 Czech Republic
Phone number: +420 211 222 818 Email address: prague@tiande.eu
Re: Notice of Withdrawal from the Purchase Contract
I, the undersigned, as the Buyer, hereby give notice that I withdraw from the Purchase Contract (order No. .......................) of the goods described below in full / in part (delete as appropriate):
Date of ordering/receiving the goods: | |
First name and surname: | |
Address: | |
E-mail address: | |
Specification of the goods to which the withdrawal from the Contract applies: | |
Method for returning the received funds, including bank account number if applicable: |
Information on the right to withdraw from a Purchase Contract concluded remotely:
If the Buyer is a consumer and has ordered goods via the www.tiande.eu Online Store operated by ISTA CORPORATION, s.r.o. (the “Company”), they have the right to withdraw from the concluded Purchase Contract
within 14 days from the date of receipt of the goods, even without stating a reason. In the case of a Contract involving multiple items or the delivery of several parts of goods, the withdrawal period begins on the day the last item or part of the goods is delivered. The Buyer may withdraw from only part of the Contract.
You may withdraw from the Purchase Contract by any clear statement addressed to the Company (for example, a letter sent via postal services to the above registered address or by electronic mail to the email address provided above). You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the expiration of the withdrawal period.
If the Buyer is a consumer and withdraws from the Purchase Contract, they are obligated to return the goods received from the Company without undue delay, and no later than 14 days from the date of withdrawal. It is recommended to send the goods back to the Company at the registered office address stated above. The deadline is deemed to be met if you send the goods back to the Company before the expiration of the 14-day period. The direct costs associated with returning the goods shall be borne by the Buyer.
If the Buyer is a consumer and withdraws from the Purchase Contract, the Company shall refund all payments received from the Buyer (including the purchase price of the delivered goods and the costs of delivery, except for any additional costs arising from the Buyer’s choice of a delivery method other than the Company’s cheapest standard delivery method) without undue delay and no later than 14 days from the day the Company receives the notice of withdrawal. The Company shall use the same payment method for the refund as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise. Under no circumstances shall the Buyer incur any fees as a result of the refund.
The Company is not obligated to refund the payment before it has received the goods back or the Buyer has provided proof of having sent the goods to the Company.
The Buyer is only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods.
First name and surname: Date:
Signature:
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