1. General provisions

  1. These general terms and conditions (hereinafter referred to as the “GTC”) regulate the mutual rights and obligations between the contractual parties arising from the contracts of sale (hereinafter referred to as the “contract”) which are concluded between the commercial company SHISHA ORIGINAL s.r.o., identification number 05223041, address Plotní 332/73, Komárov, 602 00 Brno, Czech Republic, as the seller (hereinafter referred to as the "seller"), and the customer as the buyer (hereinafter referred to as the “buyer”, the buyer and the seller together hereinafter referred to as the “parties”).

  2. The terms and conditions are a part of every contract concluded between the parties. GTC take precedence over other or different conditions the buyer may have, which are hereby rejected. All express agreements between the parties remain unchanged and shall prevail over GTC.

  3. Whenever concluding the purchase by accepting the offer the buyer agrees to these GTC. The terms and conditions are therefore binding between the parties in accordance with the Czech law, namely with section 1751 of the Act no. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).

  4. The buyer can access the up-to-date terms and conditions at any time on the web pages Terms and Conditions.

  5. The things purchased are water pipes or other goods displayed in product catalogue or on the e-shop by the seller (hereinafter referred to as the “goods”).

2. Conclusion of the contract

E-shop

  1. The e-shop comprises of a catalogue of goods, a cart and an ordering system. Each entry in the catalogue includes a designation of the item, a description of its properties and its price. The display of the goods in the catalogue does not constitute an offer made by the seller, the application of section 1732 paragraph 2 of the Civil Code is excluded.

  2. When creating an order the buyer fills in his identification, billing and contact information, including an email address for the purposes of mutual communication and a delivery address, he chooses from the available delivery and payment options and enters his payment details. Before the buyer sends an order he is given an overview of all the input information and a list of requested goods together with the final price, which includes the price of the goods, the price of delivery, the price of related services and all corresponding taxes and fees.

  3. The buyer may at any point before sending an order check and change all the information he entered. The buyer sends an order by clicking the “buy” button.

  4. A sent order constitutes an irrevocable offer to conclude a contract made by the buyer. The buyer is explicitly notified of this effect before sending an order. Before sending an order the buyer is given an option to read the terms and conditions, the carrier's general conditions and he must check a box to confirm that he agrees to them.

  5. In case the payment system for any reason declines the payment details given by the buyer, the order is not sent and the buyer is notified.

  6. The seller does not warrant availability or function of payment methods provided by third parties and the seller does not bear and hold any responsibility for losses or damages to the buyer caused by failure or any flaws or misconduct of the payment services providers and their systems itself.

  7. After the order has been sent the seller sends the buyer an email confirming receival of the order. This email does not constitute the seller's acceptance of the offer to conclude the contract, but only confirms that the order was received by the seller.

  8. The contract is concluded when the seller indicates consent to the buyer's offer. The seller indicates his consent in another email sent to the buyer in which the seller accepts the buyer's order. In case the email is not received by the buyer, the contract is concluded at the moment of delivery of the ordered goods.

  9. Under a concluded contract the seller must deliver the specified goods to the buyer and the buyer must take over the goods and pay the agreed price, all in accordance with the contract and these GTC.

  10. The seller reserves the right to reject the offer made by the buyer without giving a reason. The seller may also indicate consent with reservations, by which the original offer is rejected and which constitutes a new offer made by the seller. In this case the contract is concluded by email when one of the parties indicates consent without reservations to an offer made by the other party. These GTC to which the buyer agreed when making the original offer are always a part of such contract.

  11. The contract is concluded electronically and it comprises of the buyer's order, the seller's acceptance of the order and the GTC. The order is sent to the buyer as part of the email in which the seller accepts the buyer's order. The contract is electronically stored by the seller and no other person shall be allowed to access it.

Wholesale

  1. The conditions of wholesale sale apply only if the buyer is not a consumer within the meaning of the Civil Code.

  2. Any offers from the seller are non-binding. The seller may at any time change the specification of the goods and the range of goods. The display of the goods in the catalogue does not constitute an offer made by the seller, the application of section 1732 paragraph 2 of the Civil Code is excluded.

  3. The buyer orders goods by written communication, such as e-mail, fax or letter where the buyer is clearly identified. Regardless of the method of communication used when ordering goods, the order shall become binding (purchase agreement for the supply of goods is concluded) once the seller confirms the buyer’s order (Order Confirmation) in writing, or (if no written Order Confirmation is made) at the moment of delivery of the ordered goods. The seller´s confirmation in writing contains a list of requested goods together with the final price, which includes the price of the goods, the price of delivery, the price of related services and all corresponding taxes and fees within the Czech Republic. All corresponding taxes and fees outside of the Czech Republic are excluded from the final offer.

  4. An order confirmed by the seller may not be changed or cancelled by the buyer unless approved in writing by the seller.

  5. The seller reserves the right to reject the order made by the buyer without giving a reason.

3. Packaging

  1. Ordered goods will be delivered in the appropriate packaging so as to avoid the risk of damage to goods during transportation to the place of destination.

  2. Unless the packaging is specifically agreed upon, it shall be chosen by the seller.

4. Prices

  1. Prices will be charged according to the seller´s price list.

  2. The prices are to be understood as prices EX WORKS (named place) in accordance with INCOTERMS 2020, unless otherwise agreed.

  3. The seller reserves the right and privilege to invoice the price of the goods according to the prices in force at the time of dispatch of the goods, i.e. orders that were confirmed may be charged at new rates if prices change between the Order Confirmation and the dispatch of goods, unless otherwise agreed. In this case, only the buyer, who is a consumer within the meaning of the Civil Code, has the right to withdraw from the concluded contract within 5 days from the date of notification of the new price.

5. Delivery and payment

  1. The goods are delivered by a carrier to a place chosen by the buyer. Tobacco and tobacco products are delivered only to the Czech Republic and no contract for delivery of tobacco or tobacco products outside the Czech Republic may be concluded.

  2. The buyer must declare at the time of purchase that he / she is of age eligible to purchase the goods in the buyer’s country of origin and delivery. This fact will be verified when the goods are delivered.

  3. The goods will not be shipped before full payment of its price by the buyer and before arrival of such a payment to the seller.

  4. Payment is only possible by cash or by a payment card at a seller’s store, or by a wire transfer from an account of the buyer to the seller’s account stated in the acceptance of an order. The buyer is obliged to pay all fees associated with the wire transfer. This choice is made by the buyer when entering the payment order.

  5. The seller does not state, bear or warrant costs and damages which arise to the buyer from usage of a payment method provided or administered by a third party.

  6. The prices of goods displayed in the catalogue of the e-shop do not include a price of delivery, prices of related services and corresponding taxes and fees. In case of order by e-shop, the buyer is informed about the final total price which includes the price of delivery, the price of other services and all taxes and fees within the Czech Republic at the latest when he creates the order.

  7. The buyer chooses from available delivery method and payment options when creating the order. In case of order by e-shop, a corresponding price is set out next to each available delivery option. The buyer must pay the price of the chosen delivery option.

  8. Upon dispatching the goods, the seller sends the buyer an email with an invoice in electronic form. The buyer agrees to the use of an invoice in electronic form.

  9. The seller must deliver the goods to the buyer within time agreed in the contract, otherwise at a reasonable time. The carriage and handover of the goods are governed by the carrier's general conditions. The buyer must, before sending an order, duly read these carrier’s general conditions.

  10. The buyer must take over the goods at the place of delivery and at the expected time of delivery as determined by the carrier, or alternatively stored by the carrier at a place and within a period of time in accordance with the carrier's general conditions. In case the buyer breaches this duty, he must reimburse the seller for the resulting damage, consisting among other in the costs of returning the goods and the costs of repeated delivery. The seller may set-off this compensation against the buyer's payment for the goods.

  11. The risk of damage passes to the buyer at the time of the handover to the carrier for the carriage to the place of delivery. In case the goods are not carried or in case the buyer is a consumer within the meaning of the Civil Code, the risk of damage passes to the buyer upon takeover.

  12. The buyer acquires ownership of the goods upon takeover of the goods.

  13. The time required for customs clearance of goods shall not be counted against the time of delivery.

  14. The seller is not responsible for the fact that the customs authorities of the state of delivery will not allow the importation of the delivered goods. If the goods can not be brought into the country, the contract is cancelled and all costs are born by the buyer. The seller may set-off costs against the buyer's payment for the goods.

  15. All duties applied by the State to which the goods are imported affect the buyer and are not part of the purchase price.

6. Rights arising from a defective performance or breach of quality guarantee (Complains procedure)

  1. The goods are presumed defective if they are not delivered to the buyer in the stipulated quantity, quality and design. Where quality and design have not been stipulated, the specifications about quality and design set out in the catalogue of the e-shop apply, otherwise the seller shall perform in the quality and design appropriate for the usual purpose.

  2. The buyer’s right arising from a defective performance is established by a defect which the goods have at the time when the risk of damage passes to the buyer, even if it becomes apparent after that time. The buyer's right is also established by a defect which occurs after that time and which is caused by a breach of any of the seller's obligations.

  3. The buyer must examine the goods as soon as possible after the passage of the risk of damage and verify its properties and quantity.

  4. If a defective performance constitutes a breach of contract, the buyer has the right to have the defect removed. The seller may remove a defect by delivering new or missing goods or parts of the goods or by repairing it. If the seller fails to remove a defect of the goods within a reasonable time limit or refuses to remove the defect, the buyer may request a price reduction or withdraw from the contract. The buyer may not change his choice without the consent of the seller.

  5. If the buyer fails to notify the defect without undue delay after he could have discovered it during a timely inspection, and by exercising adequate care, at the latest within 3 days of taking over the goods, he loses the rights arising from the defective performance. In case of a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could have discovered it by exercising due care, but no later than two years after the delivery of the goods.

  6. In all other matters the rights and obligations of the parties arising from defective performance are governed by the relevant provisions of the Civil Code, in particular sections 1914 to 1925 and 2099 to 2112.

  7. The seller represents and warrants, that goods will be fit for use for the usual purpose or that it will retain the usual properties in accordance to sections 2113-2117 of the civil code for the time period stipulated in these terms and conditions.

  8. The period of quality guarantee for the hidden qualitative defects is 12 months, unless stated differently in the catalogue and acceptance of the buyer´s offer by the seller for cases of used goods and goods with low durability and time of expiration.

  9. If a complaint is settled by replacing goods, the warranty period is not renewed. The original warranty period remains in effect, starting from the date when the buyer received the original product.

  10. Rights arising from the defective performance or quality guarantee may be claimed at the place of purchase or at the address: SHISHA ORIGINAL s.r.o. Plotní 332/73, Komárov, 602 00 Brno, Czech Republic, or via email sent to: hello@shishaoriginal.com.

  11. The buyer may assert his right arising from a defective performance or quality guarantee by notifying the seller of a claim and sending the goods to the seller.

  12. The buyer must send the notice of a claim and the concerned goods to the address of the seat of the seller at SHISHA ORIGINAL s.r.o., Plotní 332/73, Komárov, 602 00 Brno, Czech Republic.

  13. The buyer may notify the seller of a claim by completing and sending him a form which is accessible on the web pages of the e-shop, or by any other eligible notice.

  14. In the notice of claim the buyer shall specify the concerned goods, the claimed defects supported by photo-documentation of the defect and how he requests the claim to be settled.

  15. The goods must be sent to the seller complete, including all accessories, clean and in a condition as the goods was at the time of takeover, taking into account normal wear and tear caused by proper use.

  16. The buyer must enclose a receipt proving the purchase of the goods from the seller.

  17. In case the claim is recognized the seller shall reimburse the buyer for the costs reasonably incurred in connection with submitting the claim, in particular for the freight and postal charges. Transport of the goods to the seller must be selected in economic or reasonable manner or after consultation or selected by the seller. Otherwise, the seller shall return to the buyer the freight and postal charges only up to the amount corresponding to the cheapest way of transporting the goods to the seller.

  18. The seller must issue to the buyer a written receipt for the notice of claim, stating the date of delivery, the contents of the claim and how the buyer requests the claim to be settled.

  19. The seller must decide the claim immediately, in complex instances in a time period of seven business days. The time necessary to conduct an expert assessment of the defect is excluded from this time period.

  20. The seller must settle the claim, including the removal of the defect if appropriate, without undue delay, but no later than 30 (thirty) days from the delivery of the notice of claim and the defective goods if it is necessary. Within this 30 (thirty) day period, the goods will be sent back to the buyer. This does not mean and the seller does not guarantee that the goods will be delivered to the buyer within this period.

  21. After settling the claim the seller must issue to the buyer a written confirmation of the date and way of settling the claim, or alternatively written reasons for rejecting the claim. The warranty does not apply on to products parts which, in the opinion of the seller, were subjected to normal wear, abuse, alteration or attempted repair, neglect, misuse or accidents. The quality guarantee does not cover parts subject to wear such as rubber seals and other expendable parts.

  22. The seller is not liable for any defects in the goods caused by the use of the goods in way that is contrary to the instructions for use of the goods, the instructions contained in the maintenance and cleaning manual, and other documents included in the package of goods.

  23. All warranties apply only to the buyer. The buyer shall not transfer such warranties or provide warranties on behalf of the seller to third parties. However, the buyer can itself provide warranties to its customers.

7. Consumers right of withdrawal from contracts concluded by electronic means

  1. The buyer, who is a consumer within the meaning of the Civil Code, has the right to withdraw from the contract within 14 (fourteen) days from the date of takeover in the case of contracts concluded by eshop.

  2. The buyer is not required to give any reasons for his withdrawal from the contract. The deadline for withdrawal shall be met if the buyer sends the seller a notice of withdrawal before the period has expired. The buyer may withdraw from the contract by completing and sending a standard notice of withdrawal form which is accessible on the web pages of the e-shop.

  3. If the buyer withdraws from the contract, he must, without undue delay and no later than fourteen days after the withdrawal, dispatch the received goods to the seller to the address SHISHA ORIGINAL s.r.o., Plotní 332/73, Komárov, 602 00 Brno, Czech Republic.

  4. If the buyer withdraws from the contract, the seller shall, without undue delay and no later than fourteen days after the withdrawal, return to the buyer in the same way all funds, including the price of delivery, which the seller received from the buyer under the contract. The seller is, however, not required to return the funds received from the buyer before the buyer has handed over the goods to the seller or proved to him that the goods were dispatched to him. The costs of returning the goods are borne by the buyer.

  5. If the buyer has chosen a delivery option other than the least expensive delivery option offered by the seller, the seller shall return to the buyer the costs of delivery in the amount corresponding to the cheapest delivery option offered.

  6. The buyer is liable to the seller for the reduction in the value of goods caused by handling of the goods in a manner other than that is necessary with regard to its nature and properties.

8. Force Majeure

  1. In the event of circumstances that could not be foreseen at the time when the parties entered into the Contract and which obstruct the fulfilment of contractual obligations by the seller, the seller shall have the right to postpone the fulfilment of those obligations until normal commercial conditions are restored.

  2. Only those events that the seller could not prevent or avert, such as war, revolution, strikes, natural disasters, pandemics, actions of state authorities, delays in transport or customs formalities, and lack or loss of energy and materials that were not caused by the seller shall be considered cases of force majeure.

9. Miscellaneous provisions

  1. The parties mutually act with legal consequences via emails. The seller shall send emails to the buyer to the address the buyer inputs when creating an order, in a notice of withdrawal or in a notice of claim. The buyer shall send emails to the seller to the address: hello@shishaoriginal.com.

  2. In case the buyer is a consumer, he has the right to alternative dispute resolution. The alternative dispute resolution entity for consumer disputes is the Czech Trade Inspection Authority (www.coi.cz). He may also make use of the online dispute resolution platform set up by the European Commission at ec.europa.eu/consumers/odr.

  3. The costs of using the means of distance communication for the conclusion of the contract are calculated at the basic rate and are borne by the buyer.

  4. If the contract is concluded in English language or any other language apart from Czech language, this language (English) mutation of GTC is applicable to it.

  5. The contract is governed by the Czech law.

  6. Each of the parties entering a contract governed by these GTC agrees that the courts of the Czech Republic shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this contract or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of the Czech Republic. This provision does not deprive the consumer of his protection and rights given to him by Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

  7. In case of later changes to the terms and conditions only the version the buyer agreed to when sending an order is binding to the parties.

These GTC are valid from 1. 8. 2020.