Terms and Conditions
Summary of Terms and Conditions
The online store at http://ourtefragrances.com is operated by entrepreneur Daniel Leitner, with a registered office at Jiřího Wolkera 1324/24, 415 01 Teplice, ID No.: 03872408, registered in the Trade Register, VAT No.: CZ9109232517. You can contact us via email at hello@ourtefragrances.com or by phone at +420 777 518 523.
Once you submit your order through the online store, a contract is concluded. We will confirm the receipt of your order and the conclusion of the contract by email.
Please make the payment within 5 days of concluding the contract or later, depending on the chosen payment method.
As a consumer, you can withdraw from the contract at any time up to 14 days after receiving the goods. The full terms and conditions explain which contracts cannot be withdrawn from. We may withdraw from the contract at any time until you have received the goods. After withdrawal, you must return the goods, including any gifts or bonuses provided, at your own expense within 14 days of withdrawal. We will refund your money within 14 days of receiving your withdrawal, but no sooner than when you return the goods or provide proof that the goods have been sent.
When you order physical goods from our online store, you conclude a purchase agreement.
You become the owner of the goods upon receiving them, but not before paying the full price. If the goods arrive damaged, please notify us immediately. If the damage is noticed upon receiving the goods, you must also notify the carrier.
If you are a consumer, you have the right to claim defects on the goods for up to 2 years from receiving the goods. Details on how to make a claim and what you can request in the event of a claim are provided in the full terms and conditions.
General Provisions
1.1. Scope of Terms and Conditions.
These terms and conditions govern the conclusion of contracts between us as the seller and you as the customer via the online store, and outline our and your rights and obligations arising from the contracts. The terms and conditions include mandatory information. Information about personal data processing can be found in a separate document on our website. These terms and conditions are effective from October 1, 2024.
1.2. Definitions. In our terms and conditions, we use the following abbreviations:
1.2.1. We, meaning the seller, entrepreneur Daniel Leitner, with a registered office at Jiřího Wolkera 1324/24, 415 01 Teplice, ID No.: 03872408, registered in the Trade Register, VAT No.: CZ9109232517.
1.2.2. You, meaning the customer, the other party to the contract, which may be:
1.2.2.1. Consumer, an individual not acting in the course of their business or independent profession,
1.2.2.2. Entrepreneur, an individual or legal entity acting within their business or independent profession.
1.2.3. Online store, meaning our website at http://ourtefragrances.com, where you can view our offer and order goods from our selection.
1.2.4. Email, meaning electronic mail through which you can contact us at hello@ourtefragrances.com.
1.2.5. Phone, meaning our contact number +420 777 518 523.
1.2.6. Contracts, meaning purchase agreements.
1.3. Relationship between Terms and Conditions and Contracts.
These terms and conditions form an integral part of all contracts. Any different arrangements in the contract take precedence over the terms and conditions.
1.4. Relation of Contracts and Terms to Legal Regulations.
Rights and obligations not covered by the terms and conditions or contract are governed by the laws of the Czech Republic, particularly Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., the Consumer Protection Act, in accordance with European Union regulations, especially Directive 2011/83/EU on consumer rights and Directive 2000/31/EC on electronic commerce. In the event of a conflict between the terms or contract and the law, unless it is a matter that can be contractually adjusted differently, the legal regulations take precedence.
1.5. Severability of Provisions.
If any provision of the terms or contract becomes invalid or unenforceable, this does not affect the validity or enforceability of the other provisions.
1.6. International Elements.
Legal relations between us and you, in cases involving international elements, are governed by Czech law, and disputes will be resolved by Czech courts. The UN Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.
1.7. Methods for Resolving Complaints.
Any complaints and disputes between you and us can be resolved:
1.7.1. Out-of-court, through the Czech Trade Inspection Authority (adr.coi.cz) or through the online dispute resolution platform of the European Commission (ec.europa.eu/consumers/odr),
1.7.2. Online in our online store,
1.7.3. By email to our email address.
1.8. Supervisory Authorities.
Our activities are supervised by Czech state authorities to whom you can address your concerns, in accordance with the laws governing their jurisdiction and powers. These supervisory authorities include:
1.8.1. The Czech Trade Inspection Authority,
1.8.2. Trade licensing offices,
1.8.3. The Office for Personal Data Protection,
1.8.4. Regional hygiene stations.
Ordering Goods and Concluding Contracts
2.1. Ordering Goods.
You can order goods in our online store by accepting the offer to conclude a contract, which is made by displaying the goods in the online store.
Acceptance of our offer with any modifications or deviations is not possible and will be considered a counter-offer from you.
2.2. Ordering Goods Online.
You can order goods by selecting the offered goods in the desired quantity, quality, and design, adding them to the virtual cart, filling in the required details, selecting the method of delivery and payment, and submitting your order by clicking the "Pay" button, which concludes the contract. Before submitting the order, you will have the opportunity to review and modify the entered details.
2.3. Order Confirmation.
We will confirm the successful receipt of your order and the conclusion of the contract via email, which will include confirmation of the contract and its content.
If your order is incomplete or incorrect, we will ask you to complete it or inform you that the contract cannot be concluded.
2.4. Contract Language and Storage.
Contracts are concluded in Czech and also in English. We store the concluded contracts, and you can access your contracts through the online store.
Contract Content and Changes
3.1. Contract Changes and Cancellations.
Concluded contracts cannot be unilaterally changed or canceled; this can only be done by mutual agreement, or if provided by law or the terms and conditions.
3.2. Content of the Purchase Agreement.
Under the concluded purchase agreement, we are obligated to deliver the agreed physical goods in the agreed manner, and you are obligated to accept the goods and pay the total price, which consists of the price of the goods, the payment fee, the delivery fee, and the price of any additional services ordered.
3.3. Intellectual Property Protection.
If we provide goods protected by intellectual property rights (such as copyrighted works, trademarks, industrial designs, patents, and utility models), the contract does not include a license granting the right to exercise these intellectual property rights. Goods protected by copyright may only be used for personal use as an individual or for internal use as a legal entity, and you are not entitled to reproduce, sell, rent, or otherwise make the goods available to third parties.
3.4. Discounts and Promotions.
For discounts and other marketing promotions, unless otherwise stated, individual discounts and other benefits cannot be combined.
3.5. Gifts and Bonuses.
If gifts or bonuses are provided under the contract, they are given under a gift agreement, for which we are not responsible for any defects. The gift agreement is dependent on the main contract, and the gift agreement is made with a condition that it will be canceled if the main contract is terminated.
3.6. Discount Coupons and Gift Vouchers.
Discount coupons and gift vouchers can be redeemed under the agreed conditions or as stated on the coupon or voucher. Unless otherwise agreed, they can only be redeemed with us, and the validity period is limited to the duration of the discount campaign or one year for gift vouchers.
Payment Terms
4.1. Payment Methods.
The total price can be paid by the methods listed on the corresponding page in our online store.
4.2. Time for Payment.
You must pay the total price either before the delivery of the goods, upon receipt of the goods, or later, depending on the agreed payment method. If the total price is to be paid before delivery, you must pay it within 5 days of concluding the contract.
If the total price is paid through a payment service provider, the total price is considered paid once the amount is credited to our account with the payment service provider.
4.3. Payment via Credit.
If the total price is to be paid via credit or another financial product under a contract with a financial service provider, this relationship is also governed by the contract and terms of the financial product provider.
4.4. Electronic Invoices.
You agree that we will issue and send you an invoice (tax document) in electronic form to the email address you provided when placing the order.
Delivery Terms
5.1. Delivery Methods.
The available delivery methods are listed on the corresponding page in our online store.
5.2. Delivery Limitations.
We only deliver goods to countries within the European Union.
5.3. Ownership Transfer.
You become the owner of the goods upon receiving them, but not before paying the full total price.
5.4. Delivery Time.
The agreed delivery time starts from the conclusion of the contract. If you are a consumer and no delivery time is agreed upon, we will deliver the goods without undue delay, but no later than 30 days from the conclusion of the contract. If the total price is to be paid before delivery, the delivery time starts from the payment of the total price. The goods will be delivered to the agreed destination within this time. If you are not a consumer and the goods are to be delivered by a carrier, the goods will be handed over to the carrier within this time.
5.5. Receipt of Goods.
You are required to receive the goods at the agreed time and place, depending on the delivery method. If the goods are to be delivered by a carrier, you must receive them at the destination. If you do not receive the goods, we have the right to withdraw from the contract, to charge for the delivery costs if not paid before delivery, and to charge a storage fee for the storage period, which ends when you receive the goods, withdraw from the contract, or we withdraw from the contract. The storage fee is 10 CZK per day, but the total amount must not exceed the value of the stored goods. If we deliver the goods to you again after you fail to receive them, we are entitled to charge for the costs of repeated delivery.
5.6. Identity Check Upon Receipt of Goods.
If the goods were paid for before delivery, we are entitled to condition the handover of the goods on the verification of the identity of the person receiving the goods, based on an identity document.
5.7. Damage to Goods During Transportation to Consumers.
If you are a consumer, the risk of damage to the goods passes to you upon receipt of the goods. If the goods are delivered to you damaged, you are required to inform us of the damage immediately, preferably by:
5.7.1. Emailing us at our email address.
If you notice damage to the shipment when receiving the goods, you are required to inform both us and the carrier when receiving the goods. You can ask the carrier to open the damaged package before accepting it, and if you find that the goods were damaged, you are not required to accept them from the carrier.
5.8. Packaging of Goods.
Unless otherwise agreed, the goods will be packaged in a manner suitable for their preservation and protection.
Right to Withdraw from the Contract
6.1. General Information about Withdrawal.
Withdrawal from the concluded contract cancels the contract from the beginning, and both parties are required to return everything they provided under the canceled contract.
Withdrawing from the contract also cancels any related gift agreements. The right to withdraw from the contract can be exercised under the conditions specified in the terms and conditions or as provided by law.
6.2. Our Right to Withdraw from the Contract.
We have the right to withdraw from the concluded contract at any time from the day the contract is concluded until you receive the goods, for the following reasons:
6.2.1. The goods ordered are out of stock,
6.2.2. Failure to receive the goods upon delivery,
6.2.3. Misuse of our online store's ordering system,
6.2.4. Providing incorrect information when ordering goods,
6.2.5. Ordering goods at a significantly lower price than the usual price, if the goods were offered at this price due to an error or mistake in our online store,
6.2.6. Other reasons deemed to be special circumstances.
6.3. Consumer's Legal Right to Withdraw from the Contract.
If you are a consumer, you have the right to withdraw from the concluded purchase contract within 14 days from the day:
6.3.1. Of receiving the goods,
6.3.2. Of receiving the last piece of goods, if you ordered multiple items in one order, delivered separately,
6.3.3. Of receiving the last item or part of a delivery consisting of several items or parts,
6.3.4. Of receiving the first delivery of goods, if the contract provides for regular delivery of goods for an agreed period,
6.3.5. Of concluding the contract, in the case of another type of contract.
6.4. Inability to Withdraw from the Contract.
You do not have the right to withdraw from contracts:
6.4.1. For the delivery of goods made to your specifications or adapted to your needs,
6.4.2. For the delivery of goods in sealed packaging, which for health protection or hygiene reasons are not suitable for return once the seal has been broken,
6.4.3. For the delivery of perishable goods or goods with a short shelf life, as well as goods that were irreversibly mixed with other goods after delivery,
6.4.4. For the provision of services, if the services have been fully provided,
6.4.5. Other reasons provided by law.
6.5. How to Withdraw from the Contract.
If you have the right to withdraw from the contract and wish to do so, you can exercise this right through a unilateral legal act, which you can best send to us:
6.5.1. By filling out the web form available on the corresponding page of our online store,
6.5.2. By completing the sample withdrawal form attached to the terms and conditions and sending it:
6.5.2.1. By email to our email address.
6.6. Maintaining the Withdrawal Period.
If you are a consumer, to comply with the withdrawal period, it is sufficient if you send us the withdrawal notice on the last day of the period specified for withdrawal.
6.7. Returning Goods After Withdrawal.
If you withdraw from the contract, you are required to return the goods at your own expense, preferably at the same time as withdrawing from the contract, but no later than 14 days after the withdrawal, preferably by:
6.7.1. Sending the goods to Dextrum Fulfillment, Kirilovova 181, 739 21 Paskov.
The goods must be returned to us undamaged, unsoiled, unused, and showing no signs of wear, including all accessories and documentation, preferably in their original packaging.
You are also required to return all gifts and bonuses you received under the canceled contract.
6.8. Refund After Withdrawal.
If you are a consumer and withdraw from the contract, we will refund the money you paid within 14 days of receiving your withdrawal, but not before you return the goods or provide proof that the goods have been sent.
We will refund the delivery costs you paid only up to the amount corresponding to the cheapest comparable delivery method we offer. If the value of the returned goods has been reduced due to handling beyond what is necessary to determine its nature, characteristics, and functionality, the refund amount will be reduced accordingly. We will refund the money in the same way we received it from you unless we agree otherwise, and provided that no additional costs arise for you.
Claims for Defects in Goods
7.1. Claim Period.
You can claim a defect in the goods that appears within 2 years, or within 1 year for used goods, from the date of receipt.
7.2. Our Responsibility for Defects.
We are responsible for ensuring that the goods are free from defects at the time of receipt. In particular, we are responsible for ensuring that the goods:
7.2.1. Conform to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics,
7.2.2. Are suitable for the purpose for which you requested them, provided we agreed to such purpose,
7.2.3. Are delivered with the agreed accessories and instructions for use, including installation or assembly instructions.
7.3. Additional Requirements.
We are also responsible for ensuring that the goods meet the following additional requirements, unless we informed you before concluding the contract that some features of the goods differ, and you agreed:
7.3.1. They are suitable for the purposes for which goods of this kind are typically used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct where there are no technical standards,
7.3.2. The quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of goods of the same kind, which you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, especially in advertising or labeling. We are not bound by such public statements if we were unaware of them, they were corrected by the time the contract was concluded, or they could not have influenced the purchase decision,
7.3.3. They are delivered with accessories, including packaging, installation instructions, and other instructions for use that you can reasonably expect,
7.3.4. The quality or design corresponds to the sample or model we provided before the conclusion of the contract.
7.4. Limitation of Liability.
We are not responsible:
7.4.1. For wear and tear corresponding to the prior use of the goods,
7.4.2. For a defect in used goods corresponding to the level of use or wear that the goods had at the time of receipt,
7.4.3. For consumable goods with a marked expiration date and perishable goods with a marked expiration date, for unsuitability after the marked date,
7.4.4. If you caused the defect yourself.
7.5. Time to Exercise Rights.
You are required to inspect the goods as soon as possible and check their properties and quantity. You are required to exercise your right to claim a defect in the goods without undue delay, as soon as you are able to detect the defect, within the claim period.
7.6. Right to Repair.
If the goods have a defect, you have the right to free repair of the defect, at your option, either by delivery of new goods without defects or by repair of the goods. You do not have the right to choose the method of repair if the method you choose is impossible or unreasonably expensive compared to the other method.
7.7. Right to a Reasonable Discount and Withdrawal from the Contract.
If we refuse to repair the defect or fail to repair it, or if the defect recurs, or if the defect is a substantial breach of the contract, or if it is clear from our statement or the circumstances that the defect will not be repaired in a reasonable time or without significant inconvenience to you, you can request a reasonable discount or withdraw from the contract. You do not have the right to withdraw from the contract if the defect is insignificant.
7.8. How to Make a Claim.
If you wish to make a claim for a defect in the goods, you can do so preferably:
7.8.1. By sending the goods to Dextrum Fulfillment, Kirilovova 181, 739 21 Paskov,
7.8.2. If another person designated for claiming defects is listed on the warranty card, packaging, or our online store, to that person.
7.9. Claim Requirements.
The goods must be provided in a condition that allows the assessment of the validity of the claim, and the goods must not be unreasonably soiled.
When making a claim, you must:
7.9.1. Prove that the goods were purchased from us,
7.9.2. State what defect you are claiming and how you want the claim to be resolved. The requested method of resolving the claim cannot be changed later without our consent.
7.10. Claim Resolution.
Your claim will be resolved within a reasonable time, but no later than 30 days from the date the claim is made. You will be informed of the resolution of the claim within this period, and the goods will be returned to you in the same way they were provided to us when the claim was made.
If the claim is not resolved within the time limit, you have the right to withdraw from the contract or request a reasonable discount on the price. If your claim is upheld, the time for asserting defects is extended by the time it took to resolve your claim.
7.11. Compensation for Claim Costs.
If you make a claim, you have the right to reimbursement of necessary costs incurred in exercising your right to claim a defect in the goods. If the claim is rejected, we have the right to reimbursement of necessary costs incurred in returning your goods.
7.12. Claim Confirmation.
When you make a claim for a defect in the goods, we will issue written confirmation of when you exercised the right, the content of the claim, and the method of resolution you requested, and later confirmation of the date and method of resolving the claim, including confirmation of the repair and its duration, or a written explanation of the rejection of the claim.
7.13. Extended Warranty.
Beyond your statutory rights, an extended warranty may be provided. This warranty arises from a statement by the warranty provider, which can also be made through advertising, promising to satisfy you beyond your statutory rights if the goods do not have the features stated in the warranty statement. Rights arising from the extended warranty and the conditions for exercising them are governed by the warranty provider's statement. If the warranty provider guarantees that the goods will retain their functions and performance for a certain period of time under normal use, or if the expiration date or usability period of the goods is marked on the packaging, you have the right to at least the delivery of new goods without defects or repair.