Terms and conditions
TERMS AND CONDITIONS
for the www.flakon.cz online store
1. Seller
The seller and operator of the www.flakon.cz online store is:
Marcel Šup
Sole trader
Ke Kapli 258
267 18 Bubovice
Czech Republic
Company ID: 10162101
VAT ID: CZ6611281556
E-mail: oktagon@seznam.cz
Telephone: +420 603 165 921
(hereinafter the "Seller").
These Terms and Conditions govern the rights and obligations arising from purchases made through the www.flakon.cz online store.
A Buyer may be either a consumer or a business customer.
A Consumer is an individual who enters into a contract outside their trade, business or profession.
Provisions of these Terms and Conditions expressly applying to Consumers do not apply to Buyers acting in the course of their business.
Any individual agreement made directly between the Seller and the Buyer takes precedence over these Terms and Conditions.
2. Products and Conclusion of the Purchase Contract
Information about products, their main characteristics and current prices is provided on the relevant product pages of the online store.
The Buyer selects the products, quantities, delivery method and payment method and is given an opportunity to review and correct the entered information before submitting the order.
By submitting an order, the Buyer makes a binding offer to enter into a purchase contract and undertakes to pay the price of the ordered products and the agreed delivery charges.
After receiving the order, the Seller will confirm receipt to the e-mail address provided by the Buyer.
An automatically generated acknowledgement of receipt of an order does not by itself constitute acceptance of the Buyer's offer unless expressly stated otherwise.
The purchase contract is concluded when the Seller confirms acceptance of the order for processing or otherwise clearly accepts the order.
Before accepting an order, the Seller may request additional confirmation from the Buyer, particularly in the case of unusual quantities, high-value orders or unusual delivery requirements.
If the Seller does not accept an order for which payment has already been made, the amount received will be refunded without undue delay.
The purchase contract may be concluded in Czech or English according to the language version of the online store used by the Buyer.
3. Prices and Payment
The current price of each product is displayed in the online store.
Before a Consumer submits an order, the total price including applicable taxes and mandatory charges is displayed together with any applicable delivery and payment charges.
Available payment methods are shown during checkout. Only the payment methods offered by the online store at the time of the particular order are applicable.
Depending on the selected payment method, the purchase price may be payable before dispatch, upon delivery or in another manner stated during checkout.
Before accepting an order, the Seller may require payment of the full purchase price in advance where justified by the nature or value of the order.
The Buyer must also pay the agreed delivery charges and any other costs displayed before the order is submitted.
The Seller is registered for VAT and issues tax documents in accordance with applicable legislation.
4. Delivery
Available delivery methods, countries to which the Seller delivers and current delivery charges are displayed in the online store and during checkout.
The Buyer selects a delivery method from the options available.
Unless another delivery period is agreed between the Seller and the Buyer, the goods will be dispatched and delivered within the period required by applicable law.
Where the Buyer requests a delivery method not normally offered by the Seller, the conditions and costs of such delivery may be agreed individually.
If delivery must be repeated or made in a different way for reasons attributable to the Buyer, the Seller may require reimbursement of the additional costs actually incurred.
The Buyer is advised to inspect the shipment upon receipt and to notify the carrier of any visible damage. Failure to do so does not by itself deprive a Consumer of their statutory rights against the Seller.
For Consumers, the risk of damage to the goods passes upon receipt of the goods unless applicable law provides otherwise.
Title to the goods passes to the Buyer no earlier than upon full payment of the purchase price.
5. Consumer's Right of Withdrawal
A Consumer who concludes a purchase contract through the online store has the right to withdraw from the contract without giving any reason within 14 days of receiving the goods.
Where several items or parts of an order are delivered separately, the withdrawal period begins from receipt of the final item or delivery in the cases specified by applicable law.
A Consumer may withdraw by making any clear statement of their decision, for example:
by e-mail to oktagon@seznam.cz, or
by post to Marcel Šup, Ke Kapli 258, 267 18 Bubovice, Czech Republic.
The Consumer may use the model withdrawal form provided at the end of these Terms and Conditions, but its use is not mandatory.
The withdrawal period is observed if the Consumer sends the withdrawal notice before the 14-day period expires.
The Consumer must return or hand over the goods to the Seller without undue delay and no later than 14 days after withdrawing from the contract.
The Consumer bears the direct cost of returning the goods.
The Seller is not required to arrange or pay for transport of returned goods.
The Seller will refund all payments received under the contract, including the original delivery charge. However, if the Consumer selected a delivery method more expensive than the least expensive standard delivery method offered by the Seller, the Seller will only refund an amount corresponding to the least expensive standard delivery method.
The refund will be made no later than 14 days after the Seller receives the Consumer's withdrawal notice. The Seller may withhold the refund until the goods have been returned or until the Consumer provides evidence that the goods have been sent back, whichever occurs first.
The refund will be made using the same means of payment used for the original transaction unless otherwise agreed, provided that the Consumer incurs no additional costs.
The Consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6. Exceptions to the Right of Withdrawal
The 14-day right of withdrawal does not apply where applicable law excludes that right.
For products offered through www.flakon.cz this may apply in particular to goods made to the Consumer's specifications or clearly personalised to meet the Consumer's individual requirements.
Merely selecting standard goods from the normal online-store range does not constitute personalisation.
7. Defective Goods and Complaints
The Seller is responsible to Consumers for ensuring that the goods are free from defects at the time of delivery and comply with the purchase contract and applicable legal requirements.
A Consumer may claim a defect which becomes apparent within two years of receiving the goods.
If a defect becomes apparent within one year of receipt, the goods are presumed to have been defective at the time of receipt unless the nature of the goods or the defect makes such a presumption incompatible.
The Seller is not responsible in particular for:
normal wear and tear resulting from ordinary use,
damage caused by the Buyer,
defects caused by improper use or handling,
a particular characteristic about which the Buyer was specifically informed before entering into the contract and expressly accepted,
other circumstances in which the Seller is not liable under applicable law.
Consumers have the statutory remedies available under applicable Czech consumer law. Depending on the circumstances, these may include repair or replacement and, where the statutory conditions are met, an appropriate price reduction or withdrawal from the contract.
The Seller does not provide any voluntary commercial guarantee in addition to the Buyer's statutory rights unless such a guarantee is expressly provided for a particular product or in a separate guarantee statement.
A complaint may be submitted in particular:
by e-mail to oktagon@seznam.cz,
through the returns/complaints form available in the online store, or
at Marcel Šup, Ke Kapli 258, 267 18 Bubovice, Czech Republic.
Use of the online complaints form is not a condition for exercising statutory rights.
The Buyer should provide sufficient information to identify the order and describe the claimed defect.
The Seller will provide the Consumer with confirmation of the complaint and subsequently confirmation of how and when it was resolved to the extent required by applicable law.
A Consumer complaint will be dealt with without undue delay and no later than 30 days from the date on which it is made, unless the Seller and the Consumer agree on a longer period.
The rights of a Buyer who is not a Consumer in respect of defective performance are governed by the general provisions of Czech civil law.
8. Customer Account
Where registration is available, the Buyer may create a customer account.
The Buyer is responsible for the accuracy of information provided and for protecting their login credentials.
The Seller may terminate a customer account in particular in the event of misuse, unlawful use or a serious breach of the Buyer's obligations.
The Seller does not guarantee uninterrupted availability of customer accounts or the online store, particularly due to maintenance, technical failures or actions of third parties.
9. Personal Data
Information about the processing of personal data is provided in the separate Privacy Policy published on www.flakon.cz.
10. Alternative Dispute Resolution
If a dispute arising from a purchase contract between the Seller and a Consumer cannot be resolved by mutual agreement, the Consumer may apply for alternative dispute resolution.
The competent body is:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
Czech Republic
E-mail: adr@coi.gov.cz
Website: coi.gov.cz/informace-o-adr/
11. Final Provisions
The contractual relationship between the Seller and the Buyer is governed by the laws of the Czech Republic.
Where the Buyer is a Consumer and the contractual relationship has an international element, this choice of law does not deprive the Consumer of the protection afforded by mandatory provisions of law applicable under the relevant rules of private international law.
The purchase contract and related information are retained electronically by the Seller to the extent and for the period required or permitted by applicable law.
The Seller may amend these Terms and Conditions. A purchase contract is governed by the version of the Terms and Conditions in force at the time that contract is concluded. Subsequent amendments do not alter contracts already concluded.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions remain unaffected unless the nature of the matter requires otherwise.
These Terms and Conditions are effective from 13 August 2026.
MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Marcel Šup
Ke Kapli 258
267 18 Bubovice
Czech Republic
E-mail: oktagon@seznam.cz
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods:
Goods:
..............................................................
Order number:
..............................................................
Date ordered:
..............................................................
Date goods received:
..............................................................
Name of Consumer(s):
..............................................................
Address of Consumer(s):
..............................................................
Date:
..............................................................
Signature of Consumer(s):
(only if this form is submitted on paper)
..............................................................
