Terms and Conditions

These Terms and Conditions apply exclusively to online sales of goods to consumers in the online store Tipsy.cz. They define the mutual rights and obligations of the seller and the buyer.

 

1. Definitions

For the purpose of these Terms and Conditions, the buyer means a consumer – a natural person who is not acting within the scope of their business activity or profession.

For the purpose of these Terms and Conditions, the seller means a business entity – a person who sells goods or provides services as part of their business activity or profession.

An alcoholic beverage is a drink containing more than 0.5% ethanol by volume (also referred to as “goods” or “product”).

An electronic cigarette is a product that can be used to consume vapors containing nicotine or other substances through a mouthpiece, including any component of this product, such as refill cartridges, tanks, and devices without tanks or cartridges; electronic cigarettes can be disposable, refillable, or reusable with disposable cartridges (also referred to as “goods” or “product”).

 

2. Contact Information

Store name: Tipsy.cz

Operator: Quang Thang Bui

Registered address: Štanderova 887/1, 199 00, Prague 9 – Letňany

Company ID: 05833825

VAT ID: CZ9303154245 

Registered in the Trade Register: Municipal Office of Prague 18

Phone: +420 773 153 199

E-mail: tipsycz2025@gmail.com

Data box ID: emzajh2

Correspondence/Returns address:

Brunclíkova 1878/8, 162 00 Prague 6 – Břevnov

Business premises (e.g., warehouse, pick-up point):

Brunclíkova 1878/8, 162 00 Prague 6 – Břevnov

From: 10:00 To: 17:00

 

3. Information

1. Information about the goods for sale is available with each item. Information on the product and its price provided by the seller is binding, except in case of obvious error. Prices are listed including all taxes (VAT) and fees, excluding shipping and payment method costs.
2. The cost of using means of remote communication does not differ from the base rate paid by the buyer for using such means.
3. Payment methods accepted by the seller are listed here. The seller does not charge additional fees based on the payment method, except for cash on delivery (if offered).
4. The seller excludes acceptance of an offer with additions or deviations.
5. Confirmation of the contract concluded in a non-written form that deviates from the agreed content has no legal effect.
6. Access to the e-shop and its content is permitted only to persons aged 18 and over. The buyer confirms they meet this age requirement by clicking the “I agree” button before accessing the e-shop, which is displayed with a notice about the age requirement and a link to these Terms and Conditions.
7. The seller explicitly states that entry into the e-shop, orders, and sales of alcoholic beverages or e-cigarettes to persons under 18 years of age is prohibited.
8. The buyer’s acceptance of unsolicited performance does not constitute acceptance of the offer.
9. Product photos on the website reflect the actual goods offered.
10. The seller is not bound by any codes of conduct in relation to the buyer.
11. The seller does not provide post-sale service to buyers.

4. Ordering and Delivery of Goods

1. The purchase contract between the buyer and the seller can only be concluded in the Czech language.
2. To conclude the contract, the buyer must create an order through the seller’s e-shop. The order can be created as follows:

1. After selecting goods from the seller’s e-shop (where legal product information is listed), the buyer adds the selected items to the cart using the “Add to Cart” button. Information about price, delivery method and cost, and payment method will be presented during checkout. The total price will be summarized before final submission based on the selected goods, delivery method, and payment method.
2. The buyer will provide their identification and contact details during the checkout process.
3. Until the order is completed, it can be modified, updated, and reviewed. After reviewing and confirming agreement with these Terms and Conditions, the buyer completes the order by clicking the “Order with obligation to pay” button.
4. By completing the order, the buyer explicitly agrees to pay for the goods.

3. The seller confirms receipt of the order via e-mail as soon as possible. The confirmation includes a summary of the order and these Terms and Conditions effective on the date of the order; they form an integral part of the purchase contract.
4. The purchase contract is not concluded upon the buyer's order submission. It is concluded when the seller confirms the order – the product presentation on the e-shop is for informational purposes only and does not oblige the seller to enter into a contract.
5. The seller shall issue the buyer a confirmation of the concluded contract in text form in a reasonable time, no later than at the time of delivery.
6. If necessary due to the nature of the goods, the seller ensures that written instructions are included with the delivery. These will be provided on a durable medium and in printed form upon request if appropriate based on circumstances or product type.
7. The seller dispatches the complete goods without undue delay, delivering no later than within 30 days unless otherwise stated. For advance payments, goods are shipped only after the payment is credited to the seller’s account.
8. The buyer is obliged to accept the goods and pay. It is recommended that the buyer check the goods upon receipt.
9. Documents related to the goods (invoices, certificates, etc.) are sent to the buyer immediately after delivery, no later than two days afterward.
10. Shipping methods and prices are clearly listed HERE.
11. Ownership of goods passes to the buyer upon receipt and full payment. For bank transfers, payment is received when credited to the seller’s account.
12. The risk of damage passes to the buyer upon receipt. If the buyer fails to receive the goods (unless due to visible damage), the risk passes at the moment the buyer could have accepted the goods but didn’t due to their own fault.
13. Goods are considered received once the carrier hands them over to the buyer or a designated person. If the carrier was selected by the buyer and not offered by the seller, the goods are considered delivered once handed over to that carrier.
14. If the buyer fails to collect the goods, they are obliged to pay storage fees of CZK 10 per day of delay, up to a maximum of CZK 300. This applies also after product repairs as per Article 6.
15. If the buyer still does not collect the goods after being reminded and granted a new deadline, the seller may resell the goods appropriately.
16. Storage and failed delivery costs due to the buyer’s failure to cooperate may be offset against the proceeds of the resale.
17. If the buyer fails to collect the goods and requests redelivery, the seller may charge for redelivery and require advance payment for future orders or cash-on-delivery items.
18. To restrict access to alcoholic beverages and e-cigarettes by minors, the package will be labeled accordingly and handed over only to individuals 18+ upon proof of age. ID details will be recorded. If age cannot be verified, delivery will be refused and the seller has the right to cancel the contract.

5. Order Cancellation and Withdrawal

1. The buyer may withdraw from the contract by any clear statement within 14 days of receiving the goods or the last item in the order. This applies regardless of how the goods were received or paid. The period allows time to examine the nature, features, and functionality of the goods.
2. This right does not serve as a complaint procedure for defective products.
3. The buyer may also withdraw from the contract at any time before delivery.
4. Withdrawal must be sent or delivered to the seller within the 14-day period. No reason is required. To facilitate communication, include the purchase date, order number, bank details, and chosen return method.
5. The seller will return the full product price and delivery charges (if paid) within 14 days of withdrawal, using the original payment method. If several delivery options were offered, only the cost of the cheapest option is refunded. If free shipping was provided, no postage refund applies. The buyer must return the goods within the same 14-day period (unless the seller offers pickup). The return period is met if the goods are sent before it ends. Goods should be returned complete and preferably in the original packaging. The buyer is liable for diminished value caused by handling beyond necessary inspection. Return shipping costs are borne by the buyer.
6. The seller is not obliged to refund until the goods are received or the buyer proves they were returned.
7. If the returned goods are diminished in value due to improper handling, the seller may deduct compensation for this from the refund.
8. Buyers cannot withdraw in cases listed in § 1837 of the Czech Civil Code, especially contracts for:

1. delivery of alcoholic beverages with variable market pricing and delivery after 30 days,
2. goods made to the buyer’s specifications or clearly personalized,
3. perishable goods or goods with a short shelf life,
4. goods inseparably mixed with other goods after delivery,
5. sealed goods that are unsuitable for return due to health or hygiene reasons once opened (e.g., alcohol seals or e-cigarette hygiene packaging).

9. The withdrawal form is available HERE. The seller will confirm receipt of the withdrawal without undue delay in text form.
10. The seller may also withdraw from the contract before delivery if it is not possible to deliver the goods due to third-party issues or if the buyer previously breached a contract.
11. The contract is not concluded if there are justified doubts about the buyer’s identity or obvious errors in the product or price information.
12. If a gift is provided with the goods, the gift contract is subject to a termination condition: withdrawal from the main contract by the buyer also terminates the gift contract, and the gift must be returned.

6. Rights and Obligations from Defective Performance

1. The seller guarantees to the buyer that the goods are free from defects upon receipt, i.e., that the subject of purchase is delivered in the agreed quantity, quality, and design; if the quality and design are not agreed upon, the seller shall deliver in a quality and design suitable for the purpose apparent from the contract; otherwise, for the usual purpose. A different item than agreed is also considered a defect. If the seller delivers a lesser quantity than agreed, the missing items are not subject to defect provisions.
2. In particular, the seller guarantees that the item:

1. matches the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
2. is suitable for the purpose for which the buyer requires it and which the seller has agreed to, and
3. is delivered with the agreed accessories and instructions for use, including installation or assembly instructions.

3. Additionally, the seller guarantees that besides agreed properties, the item:

1. is suitable for the purpose for which items of this kind are usually used, also considering third-party rights, legislation, technical standards, or industry codes of conduct,
2. corresponds in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual characteristics expected by a buyer, including public declarations by the seller or others in the contractual chain (e.g., advertising, labeling),
3. is delivered with accessories, including packaging, assembly instructions, and other usage directions the buyer can reasonably expect, and
4. matches in quality or design a sample or template provided by the seller before contract conclusion.

4. The seller is not bound by public declarations under (3b) if they prove they were unaware of them, that they were modified at the time of the contract, or they could not have influenced the purchase decision.
5. The buyer's right from defective performance arises from a defect present at the time the risk passes to the buyer, even if it appears later (cf. Article 4, point 12). It also arises from a later defect caused by a breach of the seller's obligation. Warranty obligations remain unaffected.
6. The seller is not liable for a defect if they explicitly warned the buyer before contract conclusion that a certain feature of the item differs, and the buyer accepted it.
7. The buyer may report a defect that appears within two years of delivery (unless otherwise stated on the packaging according to legal regulations) and request its free removal either by repair or replacement, unless the chosen remedy is impossible or disproportionately costly. This is judged especially by the defect's importance, the value the item would have without the defect, and whether it can be removed otherwise without major inconvenience.
8. For consumable goods, the minimum durability or usability date must be indicated.
9. The seller may refuse to remove the defect if it is impossible or disproportionately costly. If the defect was rightfully reported, the buyer may request a price reduction or withdraw from the contract if the defect is not minor.
10. For used items, the seller may shorten the defect claim period to one year.
11. For one year after delivery, it is presumed the defect existed at the time of delivery unless the nature of the goods or defect rules this out. This period does not run while the buyer cannot use the goods due to a justified complaint.
12. The buyer has no right from defective performance if they caused the defect. Normal wear and tear or wear corresponding to previous use in used items is not a defect.
13. The seller is liable for defects within the shelf life indicated in advertising, on the packaging, or in instructions.
14. If a defect appears repeatedly or is substantial, the buyer may request a price reduction or withdraw from the contract. They cannot withdraw for minor defects; however, defects are presumed not to be minor. More reasons are in Article 7 – Complaints.

7. Complaints

1. The buyer should file a complaint with the seller or the designated repair entity promptly after discovering a defect. The buyer must provide contact details, a defect description, and a preferred resolution.
2. Complaint form available HERE.
3. If the seller has a business location, a person authorized to handle complaints must be present during business hours.
4. The buyer must prove the purchase (ideally with a receipt). The complaint period starts when the defect is reported. The buyer must deliver the goods to the seller or designated location immediately or afterward. Goods should be clean, complete, and safely packaged for transport.
5. The seller shall provide written confirmation of the complaint, stating the date, nature, requested resolution, and contact details. This also applies to designated repair entities.
6. The seller shall remove the defect within a reasonable time without causing major inconvenience, considering the nature and intended use of the item. Complaints must be resolved and the buyer notified within 30 days unless otherwise agreed. After this period, the buyer may withdraw from the contract or request a price reduction.
7. If the seller refuses or fails to remove the defect or it is clear that the defect won't be removed in time or without difficulty, the buyer may demand a price reduction or withdraw from the contract. They cannot withdraw for minor defects, presumed not to be minor.
8. The complaint period is extended by the time the buyer cannot use the goods due to a justified complaint.
9. For a justified complaint, the buyer is entitled to reimbursement of reasonable costs.
10. The seller shall provide confirmation of the complaint resolution, repair execution, and its duration, or a written justification for rejection. This applies also to designated repair entities.
11. Until the seller fulfills their obligations from defective performance, the buyer is not required to pay any outstanding part of the purchase price.
12. If the buyer withdraws, the seller will refund the purchase price promptly after receiving the item or proof of its return.

8. Personal Data Protection

1. Information on personal data protection is available HERE.

9. Dispute Resolution

1. Mutual disputes between the seller and buyer are resolved by general courts.
2. According to the Consumer Protection Act (No. 634/1992 Coll.), the buyer has the right to out-of-court dispute resolution. The competent authority is the Czech Trade Inspection Authority. More information is at www.coi.gov.cz.
3. Out-of-court resolution is initiated only at the buyer’s request and only if the dispute was not resolved directly. The request must be filed within 1 year of the first claim made to the seller.
4. Limitation periods are paused during out-of-court settlement until one party explicitly refuses to continue.
5. Supervision of compliance is carried out by the Czech Trade Inspection Authority (www.coi.gov.cz) and the Czech Agriculture and Food Inspection Authority (www.szpi.gov.cz).

10. Other and Final Provisions

1. The contract and related issues are governed by Czech law.
2. The seller may change these terms at any time. New terms become effective upon publication on the website.
3. The contract, including terms, is archived electronically by the seller without access for the buyer. However, documents required in text form will be sent by email. We recommend saving the order and terms for future reference.
4. These Terms and Conditions are effective from 03/06/2025