Terms and Conditions

I am Elena Ivanova, with registered office at Uralská 689/7, 160 00, Prague 6, ID: 03126838, registered in the Company Register. 

Our contact details are:
support@elenka.studio
+420 255 712 672

Please use the following address for faster returns, complaints and further package shipping:
K Červenému vrchu 844/2a, 160 00, Prague 6 – Vokovice

You can also communicate with us via WhatsApp.

Our online store is available at www.elenka.studio.

I. Introduction

1. These terms and conditions govern the relationship between us if you shop at our online store. They are part of the sales contract. However, if we agree on different terms than those provided herein, such agreement prevails. 
2. These terms and conditions apply to consumers. 
3. If you are not shopping as a consumer, the general legislation as found mainly in Section 1732 (2) of the Civil Code applies to our relationship. This means that we still have to confirm your order on our e-shop in order to establish a sales contract.
4. If you are interested in the handling of personal data, you can find the information in the footer of our website.

II. Restrictions on payment and delivery

1. You can use the following payment methods in our online store:
   • card
   • instant bank transfer
   • wire transfer
   • payment on delivery
2. We deliver to the territory of EU, unless otherwise agreed on an individual basis.

III. User account

1. You can create your own user account on our website to order goods from. However, the account is not necessary and you can shop with us without one. 
2. Please keep the credentials to your account. Keep the information and data that you complete in your account up to date. 
3. The user account may not be available continuously as we need to perform system maintenance or repair from time to time. We apologise for any inconvenience. 
4. We may cancel your user account, especially if you do not use it for a long time or if you use it to violate your contractual or other legal obligations. For further details, see Article V. of these Terms and Conditions.

IV. Our goods

1. In our online store, you can find information about the product you have selected, including availability, delivery date, and price. However, we can still conclude a sales contract under different terms that we may negotiate separately. 
2. If our store lists the product as unpacked, open, defective, or with any similar reason for a reduced price, please note that you cannot return the product for the same reason. Otherwise, complaints for these products are governed by the general rules below.
3. All prices are listed inclusive of all taxes and charges, with the exception of shipping costs. The shipping costs are listed further down the purchase process.
4. If any price listed anywhere is clearly incorrect, such a price is not binding on us and no contractual relationship between us exists. Should an error arise, we have the right to withdraw from the contract immediately upon discovery thereof.
5. By having the goods displayed in the online store, we inform you about their properties and price. However, we must confirm your order ourselves in order for a binding sales contract to be concluded between us (the provisions of Section 1732 (2) of the Civil Code do not apply).  

V. Order

1. Place the selected goods in your cart. We will guide you through the ordering process step by step. 
2. In the purchase form, you will find information about the goods, quantity, and price and select the shipping method to see the final amount, which includes the price of the goods and the cost of delivery. Based on this information, you will create an order (the “Order”).
3. Before submitting the Order, you can review and change the information. 
4. You submit the order by clicking the “Submit order and pay” button.
5. We will confirm the receipt of your Order by email. However, the sales contract is concluded when we send you a second e-mail message that we have accepted the order. 
6. If we find the Order unusual (e.g. because of the quantity, unusual parameters, etc.), we may contact you to request additional confirmation. In this case, the sales contract between us is concluded after such an order has been mutually confirmed. 
7. You bear the cost associated with remote communication in connection with the Order. However, these costs are the same as normal rates.

VI. Delivery

1. We will deliver the goods using the method you choose in your cart, within the specified time and to the address you have specified.
2. Please remember that we are a duty to deliver the goods properly and you have a duty to receive it. If you breach this duty, we have the right to claim damages from you. This may include, for example, payment for any additional costs associated with unsuccessful (or repeated) delivery and reasonable storage costs. We also have the right to withdraw from our contract. We may unilaterally offset any damages and costs against the refunded price.
3. Please inspect the goods immediately upon delivery and let us know about any defects, preferably without undue delay. We will resolve them as a part of the complaint procedure (see below for more information). Your prompt response and documentation also helps us resolve the matter effectively with our business partners. Thank you.

VII. Payment

1. Information about the price of the goods including VAT is always provided for the goods on offer. 
2. You can pay the purchase price and shipping costs as follows: 
   • online by card
   • instant wire transfer 
   • wire transfer
   • payment on delivery
3. If you choose payment on delivery, the total price is payable on receipt of the goods. 
4. If you choose a non-cash payment method, the total price is payable at the time the sales contract is concluded. We ship the goods and the delivery times commence after our account has been credited with the total price. 
5. A tax receipt is issued for each payment. We will send it by email to the email address you provide. 
6. If you wish to have an advance invoice issued, write to us, we will arrange and send you an advance invoice to the e-mail address you have provided.
7. Discounts, if any, cannot be combined. 

VIII. Return of goods (withdrawal from contract)

1. If you shop with us as a consumer, you may withdraw from the sales contract. In short, it means that the sales contract is “cancelled” – you return the goods to us and we return the money to you. The following rules apply to such a withdrawal. 
2. Withdrawal from the contract is impossible for some types of goods – this is due to their nature. These are goods which, for example:
   • you have irreversibly incorporated in other products after delivery,
   • we have custom made to your requirements or adapted to your personal needs, 
   • we have delivered in sealed packaging and which cannot be return for health or hygiene reasons after you have broken the packaging.
3. In other cases, you can return the goods within 14 days of receipt – whether by you or by a person authorised by you (excluding the carrier in this case). If we have delivered the goods in parts, this period commences after the delivery of the past part or the last item of the same Order. If we have agreed to deliver the goods regularly over a certain period, the time limit of 14 days commences from the first delivery. 
4. These 14 days are granted for you to become acquainted with the goods (their nature, properties, and functionalities). However, handle the goods appropriately and with care, as if you would in a brick-and-mortar shop – only as much as is necessary to become acquainted with the goods. For example, if the goods come with a sample, use the sample to test the product. 
5. Let us know that you wish to return the goods (and therefore withdraw from the contract or a part thereof) within 14 days. 
6. You can use the withdrawal form below, but the use of this form is not mandatory. 
7. Please indicate the order number, date of purchase, your bank details and the method in which you wish to receive the refund. You do not need to give a cause for withdrawal. 
8. We will promptly refund the price of the goods and the shipping costs after the goods have been shipped back to us or at least proof of such shipping is provided. By law, we are entitled to refund the amount corresponding to the least expensive method of delivery option you could choose in our online store for the goods in question. Please return the goods to the following address: K Červenému vrchu 844/2a, 160 00, Prague 6 – Vokovice.
9. Unless you specify otherwise, we will refund the money in the same way we received the payment from you. 
10. We will refund the amount promptly and within 14 days of your withdrawal. However, we may delay the refund until we have received the goods or until you provide proof that the goods have been shipped back to us, whichever is sooner. 
11. Please send (or otherwise deliver) the goods to our address within 14 days of withdrawal. 
12. The returned goods must be complete and free of alterations, wear, and damage: we reserve the right to assess whether the returned goods are undamaged and intact and whether you have not reduced their value by improper handling. If you case damage or wear of the goods by improper handling or unreasonable testing, we may claim compensation for the impaired value of the goods and set it off against the refund.
13. You bear the cost of returning the goods to us. 
14. If you withdraw from a purchase of goods that we sent with a gift, then such a gift has been sent on “resolutive condition”: in the case of withdrawal from the sales contract, the gift agreement is terminated as well. Please send the gift back to us together with the goods, unless we agree otherwise. Again, we have the right to set off any damage against the refund.

IX. How to complain about defects

1. We are liable for ensuring that the goods are free of defects upon their delivery. In particular, it means that at the time of receipt by you, the goods:
   • match your order (it is the requested product in the agreed quantity and quality, with the functionality, compatibility, interoperability and other agreed properties or properties you can reasonably expect, including with respect to our advertising and other materials from us or our business partners)
   • are fit for the agreed or desired purpose
   • are fit for the purpose for which this type of goods is usually used
   • have the agreed accessories, packaging, and instructions for use, if required
   • matches the quality and design of a sample or patter
   • comply with the legislation
2. If you have been explicitly warned before the purchase that a feature of the item is different and you have agreed to this feature, the goods cannot be returned for this cause. Similarly, an item cannot be returned for defects for which it was discounted, provided that we have notified you of this reason for the discount in advance.
3. A defect that manifests itself within 1 year of receipt is considered to have occurred upon receipt, unless the nature of the product or defect preclude this. This time limit does not last (is suspended for) as long as you are unable to use the item in case of a (legitimate) complaint. 
4. You may return items if a defect manifests itself within 2 years of receipt. This time limit does not last (is suspended for) as long as you are unable to use the item in case of a (legitimate) complaint. 
5. The national law of some other countries may provide for stricter rules on complaints, which is governed by the consumer’s address of residence.

How to make complaints

6. You can complain about the goods in any way. Call us, drop by, write us an email or letter. 
7. Please provide:
   • your contact details we can use to let you know that your complaint has been resolved
   • how the defect manifests itself and when you detected it
   • how you wish the complaint to be handled
   • we will also need any proof or evidence of purchase
8. Please send or bring the defective goods to use along with the return form. Sometimes it can be enough to just send us a photo – we would let you know. Ideally, contact us first and we will sort things out.
9. Use appropriately packaging to protect the goods from damage in transport. Please understand that the goods need to be returned complete for most complaints (and their assessment) – again, it is best to contact us in advance to see if that is also your case.
10. Please return the goods to the following address: K Červenému vrchu 844/2a, 160 00, Prague 6 – Vokovice.
11. When you make a complaint, we will receive a written confirmation of your complaint and then a written note on how your complaint has been handled. 

What you can demand

12. Firstly, you can demand that goods be repaired, completed, or replaced. 
13. If the selected method is not possible (for example, the goods are no longer available) or unreasonably costly (for example, we may only need to provide the accessories that we forgot to include), we may modify your choice.
14. You may also demand a reasonable discount or withdrawal from the contract. It is in these cases:
    • We have refused to remedy the defect or have failed to remedy it properly within the period set by the law, or it is obvious that we are unable to do so at all or within the prescribed period
    • the defect manifests itself repeatedly
    • the defect is material

You cannot withdraw from the contract (and are therefore only entitled to a discount) if the defect is immaterial. However, defects are generally considered to be material.

Handling complaints

15. We will handle your complaint without undue delay and within 30 days, unless we agree otherwise with you. Otherwise, you may withdraw from the contract or demand a reasonable discount.
16. We will inform you about the handling of your complaint using the contact details you have provided when you made the complaint. If you fail to receive the item, we may claim from you the reasonable storage costs.
17. We will reimburse you for the costs you reasonably incur for a legitimate complaint. Please ask us for the reimbursement as soon as possible, but no later than within one month of the end of the warranty period; otherwise this right will expire.

X. Conclusion

1. Pursuant to Act No. 634/1992 on consumer protection, you as have the right to an alternative resolution of consumer disputes arising from sales contract. In such a case, you may approach the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz). An alternative resolution is initiated exclusively at your request if the dispute has failed to be resolved directly with us. You may submit the motion within 1 year as of the date you first exercised your disputed right with respect to us. You may initiate the alternative dispute resolution procedure online using the ODR platform available at ec.europa.eu/consumers/odr/.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: https://evropskyspotrebitel.gov.cz/en/, is the contact point according to 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 (Regulation on consumer ODR).
3. We conduct our business on the basis of a trade licence. Supervision is carried out by the Trade Licensing Office and, to the extent defined by law, the Czech Trade Inspection Authority. 
4. Supervision in the area of obligations under the DSA Regulation is carried out by the Czech Telecommunication Office.
5. The contract is kept by us, but we do not provide access to it. 
6. The contract is concluded in Czech.
7. Our relations are governed by Czech law. This is without prejudice to the consumer’s rights arising from the applicable laws and regulations. 
8. We are not “in arrears” if we are prevented from properly delivering the goods due to an event or external conditions beyond our control – so-called force majeure. These events mainly include pandemics, wars, natural disasters, shortages of goods and raw materials on the market, etc. If a force majeure prevents us from providing the goods within the agreed deadline, we will let you know immediately. In the event of force majeure, we are not liable for damages, including non-pecuniary damages, and are entitled to withdraw from the contract.
9. All the rights to our website, in particular, the copyright to its content, including the website layout, images, videos, graphics, trademarks, logos, products and other content and elements, belong to us.They must not be copied, modified or used beyond the sales contract without our consent. 

In Prague, on …

Annex 1: Withdrawal Form

Notice of WithdrawalElena Ivanova, with registered office at Uralská 689/7, Praha 6 – Bubeneč, CZECH REPUBLIC, 16000, ID: 03126838 E-mail address: support@elenka.studio This is to inform you that I hereby withdraw from the contract of sale of the following goods: ……………………………………………………………………………………………. ……………………………………………………………………………………………. which I ordered on ………………………………………………………….. Refund the amount to account no.: …………………………………………….(Optional; alternatively, let us know how you wish to receive your refund. If you do not include your bank account number or we agree otherwise, we will make the refund in the same way we received the payment) Name and surname……………………………………………. Address……………………………………………. Signature……………………………………………. Date…………………………………………….