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Terms and Conditions

These general terms and conditions (“Conditions”) of Worki Design s.r.o., with its registered office at Truhlářská 1110/4, Prague 1, 110 00, Company ID 08995613, registered in the Commercial Register under file no. C 394655 maintained at the Municipal Court in Prague, email info@workidesign.cz, telephone number +420 604 834 898 (“We” or “Seller”), govern, in accordance with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract (“Contract”) concluded via the E-shop on the website WorkiDesign.com.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here: https://workidesign.com/podminky-ochrany-osobnich-udaju

The provisions of these Conditions form an integral part of the Contract. The Contract and these Conditions are drawn up in the Czech language. We may unilaterally change or supplement the wording of these Conditions. This provision does not affect the rights and obligations that arose during the period in which the previous version of the Conditions was in effect.

As you surely know, we primarily communicate remotely. Therefore, our Contract is based on the use of remote means of communication, which allow us to reach an agreement without the simultaneous physical presence of you and us, and the Contract is thus concluded remotely through the E-shop environment, via the website interface (“E-shop website interface”).

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

I. Some Definitions

  1. Price is the financial amount you will pay for the Goods;

  2. Shipping cost is the financial amount you will pay for the delivery of the Goods, including the cost of its packaging;

  3. Total price is the sum of the Price and the Shipping cost;

  4. VAT is the value-added tax according to the applicable legal regulations;

  5. Invoice is the tax document issued in accordance with the Value Added Tax Act on the Total price;

  6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with us;

  7. User account is an account established based on the data you provided, which enables the storage of the entered data and the history of ordered Goods and concluded Contracts;

  8. You are the person purchasing on our E-shop, legally referred to as the buyer;

  9. Goods is everything you can purchase on the E-shop. 

II. General Provisions and Instructions

  1. The purchase of Goods is possible only via the E-shop web interface.

  2. When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. The information you provided to us when ordering the Goods will therefore be regarded as correct and true.

III. Conclusion of the Contract

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

  2. The Contract is concluded remotely via the E-shop, whereby the costs for using remote communication means are borne by you. However, these costs do not differ from the basic rate that you pay for using these means (in particular, for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree that we may use remote communication means.

  3. In order for us to conclude the Contract, you must create an Order proposal on the E-shop. This proposal must include the following information:
    a) Information about the Goods being purchased (on the E-shop, you indicate the Goods you are interested in purchasing by clicking the “Add to Cart” button);
    b) Information about the Price, Shipping Cost, the payment method for the Total Price, and the desired method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the user interface of the E-shop, with the information on the Price, Shipping Cost, and Total Price being provided automatically based on the Goods you have selected and the method of their delivery;
    c) Your identification and contact details necessary for us to deliver the Goods, namely your first name, last name, delivery address, telephone number, and e-mail address;
    d) In the case of a Contract under which we will deliver the Goods to you on a regular and recurring basis, also the information on the duration for which we will deliver the Goods.

  4. During the creation of the Order proposal, you may change and review the information until it is finalized. After verifying the information by clicking the “Order Binding to Payment” button, you will create the Order. However, before clicking the button, you must confirm that you have read and agree to these Conditions; otherwise, it will not be possible to create the Order. A checkbox is provided to indicate your confirmation and consent. After clicking the “Order Binding to Payment” button, all the provided information will be sent directly to us.

  5. We will confirm your Order as soon as possible after it is received by us, by sending a message to the e-mail address provided in the Order. The confirmation will include a summary of the Order and these Conditions. By confirming the Order on our part, the Contract between us is concluded. The Conditions in the version effective on the day of the Order form an integral part of the Contract.

  6. There may be instances in which we are unable to confirm your Order. This applies particularly to situations where the Goods are not available or when you order a greater number of units of the Goods than is allowed by us. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop, so it should not come as a surprise to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you confirm our offer.

  7. In the event that an obviously erroneous Price is stated within the E-shop or in the Order proposal, we are not obliged to deliver the Goods at that Price, even if you have received an Order confirmation, and thus the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded at the moment you confirm our offer. If you do not confirm our offer within 3 days of its transmission, we are entitled to withdraw from the concluded Contract. An obviously erroneous Price is considered to be, for example, a situation where the Price does not correspond to the usual price offered by other sellers or where a digit is missing or superfluous.

  8. In the event that the Contract is concluded, you incur the obligation to pay the Total Price.

  9. If you have a User account, you can place an Order through it. Even in such a case, however, you must check the correctness, truthfulness, and completeness of the pre-filled data. The process for creating an Order is identical to that for a buyer without a User account, with the advantage that it is not necessary to repeatedly enter your identification details.

  10. In some cases, we allow the use of a discount for the purchase of Goods. To obtain the discount, you must enter the discount information in the designated field within the Order proposal. If you do so, the Goods will be provided to you at the discounted price. 

IV. User Account

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

  2. When registering a User Account, you are obligated to provide all entered data correctly and truthfully, and to update it in case of any changes.

  3. Access to the User Account is secured by a username and password. It is your responsibility to keep these access credentials confidential and not to provide them to anyone. In the event of their misuse, we assume no liability.

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

  5. We may cancel your User Account, especially if you have not used it for more than 2 years, or in the event that you breach your obligations under the Contract.

  6. The User Account may not be available continuously, particularly due to the necessary maintenance of hardware and software equipment.

V. Pricing and Payment Terms, Retention of Title

  1. The Price is always indicated within the E-shop, in the Order proposal, and, of course, in the Contract. In the event of any discrepancy between the Price indicated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall prevail, which will always be identical to the price in the Contract. The Order proposal also includes the Shipping Cost, or the conditions under which shipping is free.

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

  3. We will require payment of the Total Price from you after the Contract is concluded and before the delivery of the Goods. Payment of the Total Price can be made in the following ways:
    a) Bank transfer. We will send you the payment details as part of the Order confirmation. In the case of a bank transfer, the Total Price is due within 3 days.
    b) Online card payment. In this case, the payment is processed through the ShoptetPay payment gateway, and the payment is subject to the conditions of that payment gateway. In the case of an online card payment, the Total Price is due immediately.
    c) Cash on delivery. In this case, payment is made upon delivery of the Goods against their handover. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
    d) Cash upon personal collection. Payment in cash is possible in the event of collection at our premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.

  4. The invoice will be issued in electronic form after the Total Price has been paid and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.

  5. Ownership of the Goods does not transfer to you until after you have paid the Total Price and received the Goods. In the case of payment by bank transfer, the Total Price is considered paid upon crediting our account; in all other cases, it is considered paid at the moment the payment is made. 

VI. Delivery of Goods

  1. The Goods will be delivered to you in the manner of your choice.

  2. The delivery time for 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 stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility to collect the Goods via e-mail.

  3. Upon receiving the Goods from the carrier, it is your obligation to inspect the integrity of the Goods’ packaging and, in the event of any defects, to immediately notify both the carrier and us. If there is damage to the packaging that indicates unauthorized handling or entry into the shipment, you are not obliged to accept the Goods from the carrier.

  4. In the event that you fail to accept the Goods—except in cases pursuant to Article VI.4 of these Conditions—this will not result in a breach of our obligation to deliver the Goods to you. Likewise, your failure to accept the Goods does not constitute a withdrawal from the Contract between us. However, in such a case, we have the right to withdraw from the Contract due to your material breach thereof. If we decide to exercise this right, the withdrawal becomes effective on the day on which we deliver the notice of withdrawal to you.

  5. In the event that, for reasons attributable to you, the Goods are delivered repeatedly or by any method other than that agreed upon in the Contract, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your e-mail address provided in the Contract, and these costs are due within 14 days of the e-mail’s delivery.

  6. The risk of loss or damage to the Goods passes to you at the moment you take possession of them. In the event that you do not take possession of the Goods—except in cases pursuant to Article VI.4 of these Conditions—the risk passes to you at the moment when you had the opportunity to accept them but, for reasons attributable to you, did not do so. The transfer of risk means that from that moment on, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

  7. In the event that the Goods were not listed as in stock in the E-shop and an estimated availability time was provided, we will always inform you in the event of:
    a) an extraordinary interruption in the production of the Goods, in which case we will communicate a new expected availability time or inform you that the Goods cannot be delivered;
    b) a delay in the delivery of the Goods from our supplier, in which case we will inform you of a new expected delivery time.

  8. If we are unable to deliver the Goods to you even 30 days after the delivery period stated in the Order confirmation has elapsed, for any reason whatsoever, both you and we shall have the right to withdraw from the Contract.

VII. Rights Arising from Defective Performance

  1. We guarantee that at the time the risk of loss or damage to the Goods passes to you pursuant to Article VI.7 of these Conditions, the Goods are free from defects, in particular that:
    a) they possess the characteristics that we agreed upon with you, and if not explicitly agreed upon, then those stated in the description of the Goods, or those that can be expected given the nature of the Goods;
    b) they are suitable for the purposes we indicated or for the purposes that are customary for Goods of this type;
    c) they correspond in quality or workmanship to the agreed sample, if quality or workmanship was determined based on a sample;
    d) they are in the appropriate quantity and weight;
    e) they meet the requirements imposed on them by applicable legal regulations;
    f) they are not encumbered by the rights of third parties.

  2. The rights and obligations regarding defective performance are governed by the applicable generally binding legal regulations (in particular, the provisions of §§ 1914–1925, §§ 2099–2117, and §§ 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

  3. In the event that the Goods have a defect—that is, if any of the conditions under Article VII.1 are not met—you may notify us of such defect and exercise your rights arising from defective performance (i.e., make a claim regarding the Goods) by sending an e-mail or letter to our addresses provided in our identification details. When exercising your right arising from defective performance, you must choose how you wish to resolve the defect, and, except in cases pursuant to Article VII.4, you may not later change this choice without our consent. We will process your claim in accordance with the right you have exercised regarding defective performance. If you do not choose a remedy, you will have the rights specified in Article VII.5 even in situations where the defective performance constitutes a material breach of the Contract.

  4. If the defective performance constitutes a material breach of the Contract, you have the following rights:
    a) to remedy the defect by delivering new, non-defective Goods, or by delivering the missing part of the Goods;
    b) to remedy the defect by repairing the Goods;
    c) to receive an appropriate discount on the Price;
    d) to withdraw from the Contract.
    In the event that you choose the remedy according to points a) or b) and we do not remedy the defect within a reasonable period specified by us, or inform you that we will not remedy the defect by that method at all, you then have the rights under points c) and d), even if you did not originally request them as part of the claim. Likewise, if you choose to remedy the defect by repairing the Goods and we determine that the defect is irreparable, we will inform you and you may choose an alternative method to remedy the defect.

  5. If the defective performance constitutes a non-material breach of the Contract, you have the following rights:
    a) to remedy the defect by delivering new, non-defective Goods, or by delivering the missing part of the Goods;
    b) to remedy the defect by repairing the Goods;
    c) to receive an appropriate discount on the Price.
    However, if we do not remedy the defect in a timely manner or refuse to remedy it, you shall have the right to withdraw from the Contract. You may also withdraw in the event that you cannot properly use the Goods due to repeated defects after repair, or in the case of a larger number of defects in the Goods.

  6. In the event of both material and non-material breach, you cannot withdraw from the Contract or demand delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
    a) if the condition of the Goods has changed as a result of an inspection conducted to detect the defect;
    b) if the Goods were used even before the defect was discovered;
    c) if the inability to return the Goods in an unchanged condition was not caused by your actions or omissions;
    d) if, on your part, the Goods were sold, consumed, or altered during normal use before the defect was discovered; however, if this occurred only partially, you are obliged to return the portion of the Goods that can be returned, and in such a case, the part of the Price corresponding to the benefit you derived from using that portion of the Goods will not be refunded.

  7. Within 3 days of receiving your claim, we will confirm by e-mail that we have received it, including the date of receipt and the expected duration for processing the claim. We will process the claim without undue delay, but in any event no later than 30 days from its receipt. This period may be extended by mutual agreement. If this period elapses without resolution, you may withdraw from the Contract.

  8. We will inform you by e-mail about the resolution of your claim. If the claim is justified, you are entitled to reimbursement of the reasonable expenses incurred. You must provide evidence of these expenses, for example, receipts or confirmations of the delivery cost. In the event that the defect was remedied by delivering new Goods, it is your obligation to return the original Goods to us, although we will bear the cost of this return.

  9. If you are a business, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days from receipt of the Goods.

  10. If you are a consumer, you have the right to exercise the rights arising from defective performance for any defect that occurs in consumer Goods within 24 months from receipt of the Goods.

  11. The provisions regarding the rights arising from defects do not apply in the case of:
    a) Goods that are sold at a lower Price, for a defect for which the lower Price was agreed upon;
    b) wear and tear of the Goods caused by normal use;
    c) used Goods for a defect corresponding to the degree of use or wear that the Goods had when you received them;
    d) when this is inherent in the nature of the Goods.

VIII. Withdrawal from the Contract

  1. Withdrawal from the Contract—that is, the termination of the contractual relationship between us and you from its inception—may occur for the reasons and in the manners specified in this Article, or in other provisions of these Conditions where the possibility of withdrawal is expressly provided.

  2. In the event that you are a consumer, meaning a person purchasing the Goods outside the scope of your business activities, you have the right, in accordance with the provision of §1829 of the Civil Code, to withdraw from the Contract without providing any reason within 14 days from the day of delivery of the Goods. In the event that we have concluded a Contract covering several types of Goods or the delivery of several parts of the Goods, this period shall commence on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it shall commence on the day of delivery of the first shipment. You may withdraw from the Contract by any verifiable means (in particular, by sending an e-mail or letter to our addresses provided in our identification details).

  3. However, even as a consumer you may not withdraw from the Contract in cases where the subject of the Contract is:
    a) Goods whose Price depends on fluctuations in the financial market independent of our will, which may occur during the withdrawal period;
    b) the delivery of alcoholic beverages that may be delivered only after the expiry of thirty days and whose Price depends on fluctuations in the financial market independent of our will;
    c) Goods that have been customized according to your specifications or for your personal use;
    d) Goods that are perishable or Goods that have been irreversibly mixed with another item after delivery;
    e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
    f) the delivery of an audio or video recording or computer program if the original packaging has been broken;
    g) the delivery of newspapers, periodicals, or magazines;
    h) the delivery of digital content, if it was not supplied on a tangible medium and was provided with your prior explicit consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Contract.

  4. The withdrawal period under Article VIII.2 of these Conditions is deemed to be preserved if you send us a notice of withdrawal during its course.

  5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was originally credited, or to an account of your choice for the withdrawal. However, the amount will not be refunded until you return the Goods to us or demonstrate that they have been sent back to us. Please return the Goods to us in a clean condition, preferably including the original packaging.

  6. In the event of withdrawal from the Contract pursuant to Article VIII.2 of these Conditions, you are obliged to send the Goods to us within 14 days from the withdrawal and bear the costs associated with returning the Goods to us. Conversely, you are entitled to a refund of the shipping cost, but only up to the amount corresponding to the cheapest method of delivery of the Goods that we offered. In the event of withdrawal due to our breach of the Contract, we will also bear the costs associated with returning the Goods to us, again only up to the shipping cost corresponding to the cheapest offered method of delivery at the time of shipment.

  7. You shall be liable to us for any damage in cases where the Goods are damaged as a result of your handling them in a manner other than is necessary given their nature and characteristics. In such cases, we will invoice you for the incurred damage after the Goods have been returned to us, with the invoiced amount being due within 14 days. If we have not yet refunded the Price to you, we are entitled to offset the claim for such costs against your claim for the refund of the Price.

  8. We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons attributable to third parties or reasons inherent in the nature of the Goods), even before the expiration of the period specified in Article VI.9 of these Conditions. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase the Goods as part of your business activities, that is, as a business entity, we are entitled to withdraw from the Contract at any time, even without providing any reason.

IX. Resolution of Disputes with Consumers

  1. We are not bound by any codes of conduct in relation to buyers in the sense of the provision of §1826 paragraph 1 letter e) of the Civil Code.

  2. We handle consumer complaints via the e-mail address info@myworki.cz. Information regarding the resolution of a complaint will be sent to the buyer’s e-mail address.

  3. For out-of-court resolution of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and a buyer, who is a consumer, arising from a purchase contract concluded by electronic means.

  4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point in accordance with 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 (the ODR Regulation).

X. Final Provisions

  1. If our legal relationship with you contains an international element (for example, if we send goods outside the territory of the Czech Republic), it shall always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the applicable legal regulations are not affected by this provision.

  2. All written correspondence will be delivered to you via e-mail. Our e-mail address is provided in our identification details. We will send correspondence to the e-mail address stated in the Contract, in your User Account, or the one through which you contacted us.

  3. The Contract can only be modified based on our written agreement. However, we are entitled to change and supplement these Conditions; such changes shall not affect already concluded Contracts but only Contracts entered into after the changes take effect. We will inform you of any changes only if you have a User Account (so that you have this information when ordering new Goods, although the change does not constitute a right of termination since we do not have a Contract that can be terminated), or if we are to deliver the Goods to you regularly and repeatedly under the Contract. We will send you information about the changes to your e-mail address at least 14 days before the changes take effect. If we do not receive a notice of termination of the Contract for regular and repeated deliveries of Goods from you within 14 days from the transmission of the information about the changes, the new conditions become part of our Contract and will apply to the next delivery of Goods following the changes. The notice period, in case you submit a termination, is 1 month.

  4. In the event of force majeure or events that cannot be foreseen (such as natural disasters, pandemics, operational failures, outages of subcontractors, etc.), we shall not be liable for any damages caused as a result of or in connection with such force majeure events, and if the force majeure situation lasts longer than 10 days, both you and we shall have the right to withdraw from the Contract.

  5. Attached to these Conditions are sample forms for complaints and for withdrawal from the Contract.

  6. The Contract, including these Conditions, is archived in electronic form by us, but it is not accessible to you. However, you will always receive these Conditions and the Order confirmation with a summary of the Order by e-mail, so you will always have access to the Contract without any further action on our part. We recommend that you always save the Order confirmation and the Conditions.

  7. These Conditions shall take effect on 10 July 2024.