WILD PENCIL s.r.o. Registered office: Nové sady 988/2, Staré Brno, 602 00 Brno
Company ID: 17604052 File No. C 130693/KSBR registered at the Regional Court in Brno For the sale of goods through the online store located at the internet address
https://wild-pencil.com/ (https://wild-pencil.com/)

    1.    INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as the "Terms and Conditions") of WILD PENCIL s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, company ID: 17604052, registered in the Commercial Register (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the internet address http://wild-pencil.com/ (http://wild-pencil.com/)(hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Store Web Interface"). The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts in the ordering of goods within their business activities or within their independent exercise of profession. Provisions differing from the Terms and Conditions can be agreed upon in the Purchase Contract. Differing provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language. The wording of the Terms and Conditions can be changed or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

    2.    USER ACCOUNT
Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Store Web Interface allows it, the Buyer can also order goods without registration directly from the Store Web Interface. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account. The Buyer is not authorized to allow the use of the User Account by third parties. The Seller may cancel the User Account. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or necessary maintenance of hardware and software of third parties.

    3.    CONCLUSION OF THE PURCHASE CONTRACT
All presentations of goods placed in the Store Web Interface are of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply. The Store Web Interface contains information about the goods, including the prices of individual goods and the costs for returning goods, if these goods by their nature cannot be returned by usual postal means. The prices of goods include value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the Store Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions. The Store Web Interface also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods stated in the Store Web Interface is valid only in cases where the goods are delivered within the territory of the Czech Republic. To order goods, the Buyer fills out the order form in the Store Web Interface. The order form contains, in particular, information about:
    •    the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Store Web Interface),
    •    the method of payment of the purchase price of the goods, details on the required method of delivery of the ordered goods, and
    •    information about the costs associated with the delivery of goods (collectively referred to as the "Order").
Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including the possibility for the Buyer to detect and correct errors made when entering data into the Order. The Order is sent by the Buyer to the Seller by clicking on the "Order" button. The data provided in the Order are considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by email to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address"). The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone), depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs). The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer's Email Address. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.

    4.    PRICE OF GOODS AND PAYMENT TERMS
The price of goods and any costs associated with the delivery of goods under the Purchase Contract can be paid by the Buyer to the Seller using the following methods, but it is necessary to use the method chosen when placing the order:
    •    Cashless transfer to the Seller's account No. 2901910414/2010, maintained by Fio banka, a.s. (hereinafter referred to as the "Seller's Account");
    •    Cashless payment through the Shopify Payments payment gateway. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with the delivery of goods. The Seller does not require any advance payment or other similar payment from the Buyer. This does not affect the provision of Article 5 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of concluding the Purchase Contract. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's Account. The Seller is entitled, especially in the event that the Buyer does not confirm the Order additionally (Article 6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code do not apply. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined. If it is customary in business practice or if so stipulated by generally binding legal regulations, the Seller will issue a tax document - invoice - to the Buyer regarding payments made based on the Purchase Contract. The Seller will issue the tax document - invoice to the Buyer after payment of the price of the goods and will send it in electronic form to the Buyer's Email Address.

    5.    WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from a Purchase Contract for the delivery of goods that have been modified according to the Buyer's wishes or for their person, from a Purchase Contract for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Contract for the delivery of goods in a sealed package that the consumer has removed from the package and for hygienic reasons cannot be returned, and from a Purchase Contract for the delivery of audio or video recordings or computer software if the original packaging has been broken. Unless it is a case mentioned in Article 1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code within fourteen (14) days from the receipt of the goods, provided that in the case where the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. Withdrawal from the Purchase Contract can be sent by the Buyer, among other things, to the address of the Seller's establishment – Magdalena Konečná, WILD PENCIL s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, or to the Seller's email address shopify@wild-pencil.com. In case of withdrawal from the Purchase Contract according to Article 2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route. In case of withdrawal from the Purchase Contract according to Article 2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer in another way if the Buyer agrees with it and if no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for the return of the purchase price. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay, in a cashless manner to the account specified by the Buyer. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods.

    6.    TRANSPORT AND DELIVERY OF GOODS
In the case that the mode of transport is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. In the event that it is necessary to deliver the goods repeatedly or in a different manner than stated in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, notify the carrier immediately. In the event of discovering damage to the packaging that indicates unauthorized intrusion into the shipment, the Buyer does not have to take over the shipment from the carrier. Other rights and obligations of the parties in the transport of goods can be regulated by the Seller's special delivery conditions, if issued by the Seller.
    7.    RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to § 1925, § 2099 to § 2117, and § 2161 to § 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer for ensuring that at the time the Buyer took over the goods:
    •    the goods have the characteristics agreed upon by the parties and, if an agreement is lacking, have the characteristics described by the Seller or expected by the Buyer with regard to the nature of the goods and based on the advertising carried out by them,
    •    the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
    •    the goods are in the corresponding quantity, measure, or weight, and
    •    the goods comply with the requirements of legal regulations.
If the goods do not have the aforementioned characteristics, the Buyer can also demand the delivery of new goods without defects if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer can only demand the replacement of the part; if this is not possible, the Buyer can withdraw from the Purchase Contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to the free removal of the defect. The Buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect if they cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the Purchase Contract. If the Buyer does not withdraw from the Purchase Contract or does not exercise the right to the delivery of new goods without defects, to the replacement of their part, or to the repair of the goods, they can demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace their part, or repair the goods, as well as if the Seller does not remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the Buyer. The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves. The Buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If a defect manifests within six months of receipt, it is assumed that the goods were already defective at the time of receipt. This period does not apply to:
    •    goods sold at a lower price for a defect for which the lower price was agreed upon,
    •    wear and tear caused by normal use,
    •    used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the Buyer, or
    •    if it results from the nature of the goods. The rights from defective performance are exercised by the Buyer at the Seller's address of establishment – Magdalena Konečná, WILD PENCIL s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, or via email at shopify@wild-pencil.com. For the moment of exercising the right from defective performance, the moment when the Seller receives the claimed goods from the Buyer is considered. Other rights and obligations of the parties related to the Seller's responsibility for defects may be regulated by the Seller's complaint procedure.

    8.    OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
The Buyer acquires ownership of the goods by paying the entire purchase price of the goods. In relation to the Buyer, the Seller is not bound by any codes of conduct in accordance with the provisions of § 1826 paragraph 1 letter e) of the Civil Code. The handling of consumer complaints is ensured by the Seller via the electronic address shopify@wild-pencil.com. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's email address. The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing office. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope. The Buyer hereby assumes the risk of changing circumstances in accordance with § 1765 paragraph 2 of the Civil Code.

    9.    PERSONAL DATA PROTECTION
The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The Buyer agrees to the processing of their personal data: name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "Personal Data"). The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising rights and obligations from the Purchase Contract and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, they also agree to the processing of Personal Data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a Purchase Contract. The Buyer acknowledges that they are obliged to provide their Personal Data (during registration, in their User Account, when ordering from the Store Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their Personal Data. The Seller may entrust the processing of the Buyer's Personal Data to a third party processor. In addition to persons transporting goods, Personal Data will not be provided by the Seller to third parties without the prior consent of the Buyer. Personal Data will be processed for an indefinite period. Personal Data will be processed electronically in an automated manner or in a printed form in a non-automated manner. The Buyer confirms that the provided Personal Data are accurate and that they were advised that it is a voluntary provision of Personal Data. In the event that the Buyer believes that the Seller or the processor (Article 9.5) is carrying out processing of their Personal Data that is contrary to the protection of the private and personal life of the Buyer or contrary to the law, especially if the Personal Data are inaccurate concerning the purpose of their processing, they may:
    •    ask the Seller or the processor for an explanation,
    •    demand that the Seller or the processor remedy the situation thus created. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide this information. The Seller has the right to demand a reasonable compensation not exceeding the costs necessary for providing the information under the previous sentence.

    10.    SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's email address and further agrees to the sending of commercial communications by the Seller to the Buyer's email address. The Buyer agrees to the storing of cookies on their computer. In the event that it is possible to make a purchase on the Store Web Interface and fulfill the Seller's obligations from the Purchase Contract without storing cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

    11.    DELIVERY
Notices regarding the relationship between the Seller and the Buyer, especially concerning withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter unless otherwise agreed in the Purchase Contract. Notices are delivered to the appropriate contact address of the other party and are deemed delivered and effective at the moment of their delivery via postal service, with the exception of withdrawal from the contract by the Buyer, where withdrawal is effective if the notice is sent by the Buyer within the withdrawal period. A notice is also considered delivered if its receipt was refused by the addressee, was not picked up during the storage period, or was returned as undeliverable. The contracting parties can deliver regular correspondence to each other via email, to the email address specified in the User Account or specified by the Buyer in the Order.

    12.    FINAL PROVISIONS
If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. The attachment to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract. The Seller's contact details ar
e: Magdalena Konečná, Email: shopify@wild-pencil.com