Terms of service

TERMS AND CONDITIONS


of the business company my čtyři s.r.o.
with registered office at V kapslovně 2770/7, Žižkov (Prague 3), 130 00 Prague
Company ID No.: 07787308
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 307547
for the sale of goods through the on-line store located at the website
www.ohyby.com



1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter the “terms and conditions”) of the business company my čtyři s.r.o., with registered office at V kapslovně 2770/7, Žižkov (Prague 3), 130 00 Prague, Company ID No.: 07787308, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 307547 (hereinafter the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “purchase contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller's online store. The online store is operated by the Seller at the website located at the internet address www.ohyby.com (hereinafter the “website”), namely through the interface of the website (hereinafter the “web interface of the store”).

1.2. The terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts within the scope of their business activity when ordering the goods. In such cases, separately agreed contractual terms apply.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language. Where the terms and conditions are made available in another language, Article 14.5 of the terms and conditions applies.

1.5. Goods displayed on the website do not constitute an offer within the meaning of Section 1732(2) of the Civil Code.

1.6. The Seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to rights and obligations arising during the period of effect of the previous wording of the terms and conditions.


2. USER ACCOUNT

2.1. The Buyer may purchase goods through their registered user account, which they may create before the purchase itself on the website, or during the final steps of completing the order in the web interface of the store. On the basis of this registration, the Buyer may access their user interface (hereinafter the “user account”). The Buyer may also order goods without registration, directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data stated in the user account whenever any of it changes. The data stated by the Buyer in the user account and when ordering goods is regarded by the Seller as correct.

2.3. Access to the user account is secured by a username and a password. The Buyer is obliged to maintain confidentiality and to exercise caution regarding the information necessary to access their user account.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, in particular where the Buyer has not used their user account for more than 12 months, and further where the Buyer breaches their obligations under the purchase contract (including the terms and conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.


3. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding such goods. Section 1732(2) of the Civil Code does not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are stated inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The costs associated with the packaging and delivery of the goods may vary depending on the country selected for delivery of the ordered goods; this selection is made by the Buyer.

3.4. To order goods, the Buyer completes the order form in the web interface of the store.

The order form contains in particular information about:

  • 3.4.1. the Buyer, in particular identification and contact details,
  • 3.4.2. the goods ordered (the Buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store),
  • 3.4.3. the method of payment of the purchase price of the goods, and details of the requested method of delivery of the ordered goods.
  • 3.4.4. information about the costs associated with the delivery of the goods (hereinafter jointly the “order”).

3.5. Before completing the order, the Buyer is allowed to check and change the data entered into the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer completes the order by clicking the “Order and pay” button. The data stated in the order is regarded by the Seller as correct. Immediately upon receipt of the order, the Seller shall confirm such receipt to the Buyer by electronic mail, to the Buyer's e-mail address stated in the user account or in the order (hereinafter the “Buyer's electronic address”).

3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by telephone) before the Seller itself confirms acceptance of the order.

3.7. An order completed by the Buyer constitutes a proposal to conclude a purchase contract.

3.8. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order, which is sent by the Seller to the Buyer by electronic mail, to the Buyer's e-mail address.

3.9. The Seller reserves the right not to conclude a contract with the Buyer where there are legitimate doubts about the Buyer's actual identity, or in the event of obvious errors in the information stated about the goods or the price. In the event of an obvious error in the information stated about the goods or the price, the Seller is also entitled to withdraw from the purchase contract if it has already been concluded (for example by delivery of an automatic order confirmation). The Seller must make such withdrawal no later than within 14 days of the moment it learned of the obvious error, and the withdrawal must also contain the reasoning and a description of the obvious error in question.

3.10. The Buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer.


4. PRICE OF THE GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract using the payment methods stated by the Seller on the website. The costs associated with the packaging of the goods are included in the costs associated with the delivery of the goods.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is hereinafter understood to include the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance. A deposit may be required by the Seller only by agreement with the Buyer, in particular where the goods are special made-to-order goods, or goods that are not in stock, or a quantity of goods that is not usual.

4.4. In the case of cash-on-delivery payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of conclusion of the purchase contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.

4.6. The Seller is entitled, in particular where the Buyer fails to provide additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before the goods are dispatched to the Buyer. Section 2119(1) of the Civil Code does not apply.

4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with one another.

4.8. After payment of the price of the goods, the Seller shall issue the Buyer a tax document – an invoice, which serves as proof of purchase of the goods, and shall send it in electronic form to the Buyer's electronic address.


5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been adjusted according to the Buyer's requirements.

5.2. The Buyer also cannot withdraw from a Contract for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons.

5.3. Unless this is a case referred to in Article 5.1 or 5.2 of the terms and conditions, or another case in which withdrawal from the purchase contract is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; this period is deemed to have been observed if the Buyer sends the Seller notice of withdrawal from the purchase contract during the period. The Buyer may send the withdrawal from the purchase contract, among other options, to the Seller's address at Výchozí 118/6, 147 00 Prague 4, Czech Republic, or to the Seller's e-mail address: ahoj@ohyby.com.

5.4. In the event of withdrawal from the purchase contract under Article 5.3 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the Buyer's withdrawal from the contract (unless they were already sent together with the written withdrawal). The moment of withdrawal is deemed to be the day on which the withdrawal from the contract reached the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, including where the goods cannot be returned by the usual postal route due to their nature.

5.5. In the event of withdrawal from the contract under Article 5.3 of the terms and conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the manner agreed by the parties, but primarily by bank transfer to an account designated by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.

5.6. The goods must be returned to the Seller undamaged and unworn and, where possible, in the original packaging.

5.7. Within fourteen (14) days of the return of the goods by the Buyer under Article 5.3 of the terms and conditions, the Seller is entitled to examine the returned goods, in particular in order to establish whether the returned goods are damaged or worn. The Buyer acknowledges that if the returned goods, as well as all accessories including the original packaging, are damaged, the Seller acquires a claim against the Buyer for compensation for the damage thereby incurred. The Seller is entitled to unilaterally set off the claim for compensation of the damage incurred against the Buyer's claim for return of the purchase price.

5.8. It is also possible to withdraw from the contract before delivery of the goods, by cancelling the order. Where the order is cancelled before transport of the goods has commenced, cancellation of the order is free of charge.

5.9. The Seller is entitled to withdraw from the contract before delivery of the goods where:

  • 5.9.1. it is objectively unable, for reasons on the part of third parties, to deliver the goods to the Buyer within a period appropriate to the circumstances, or
  • 5.9.2. it comes to light that the Buyer has breached a contract previously concluded with the Seller.

5.10. Form for withdrawal from the purchase contract

In the event of withdrawal from the purchase contract, the Buyer may use the form below:

Name and Surname: ______

Residence: _______

E-mail: _______

Telephone number: _______

I hereby withdraw from the purchase contract for the purchase of *specification of the goods* dated _____, order no. ______.

In _______ on _______

/Signature/

___________________

Name and Surname


6. TRANSPORT AND DELIVERY OF THE GOODS

6.1. The Seller shall deliver the goods to the Buyer complete. Goods declared in the e-shop as “in stock” are dispatched by the Seller within 5 working days of confirmation of the order, and no later than 15 days of confirmation of the order, unless the Seller stated a longer delivery period for the specific goods or the specific order.

6.2. The risk of damage to the goods passes to the Buyer at the moment the goods are received.

6.3. Where the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.

6.4. Where, under the purchase contract, the Seller is obliged to deliver the goods to a place designated by the Buyer in the order, the Buyer is obliged to take delivery of the goods.

6.5. Where, for reasons on the part of the Buyer, the goods must be delivered repeatedly or by a method other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.

6.6. Upon receipt of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier without delay. If the packaging is found to be damaged in a way indicating unauthorised entry into the consignment, the Buyer need not accept the consignment from the carrier.

By signing the delivery note, the Buyer confirms that the consignment of goods met all conditions and requirements, and any later complaint regarding damage to the packaging of the consignment cannot be taken into account.

6.7. Further rights and obligations of the parties in the transport of the goods may be governed by the Seller's special delivery terms, if issued by the Seller.

6.8. The goods are delivered by the Zásilkovna and PPL shipping services. The goods can be delivered throughout the European Union.


7. CARE OF THE PRODUCTS AND THEIR PROPERTIES

7.1. Part of the goods supplied by the Seller is made of natural materials (in particular leather, hide, textiles) and requires specific care and regular maintenance. The Buyer is obliged to follow the recommended care instructions, which are supplied together with the goods or stated in the web interface of the store or in these terms and conditions. For all my čtyři products it applies that they must not be stored on a damp surface or in a damp environment.

7.2. The Seller draws the Buyer's attention to the specific properties of the goods it supplies, as stated below, and by placing an order the Buyer acknowledges these facts:

  • 7.2.1. Leather and other natural materials may naturally change shade and structure over time and according to the conditions of storage and use, and may show subtle differences (e.g. grain, porosity). These properties are not defects but a natural characteristic of the material.
  • 7.2.2. Products made of natural leather that is not covered with a protective polyurethane layer are more susceptible to abrasion and scratches. This property is not a defect but a natural characteristic of the material. Given that my čtyři products are made largely of natural materials, every product is to a certain extent unique. Photographs of the products on the website and in marketing materials are therefore illustrative, since the shades and appearance of individual products may differ due to the use of natural materials.
  • 7.2.3. All my čtyři products, unless expressly stated otherwise, are intended for ordinary everyday use in an urban environment. They are not intended for demanding or extreme climatic conditions (prolonged damp, strong sunlight, chemicals, mechanical stress).

8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS

8.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

8.2. The Seller is liable to the Buyer for the sold item being in conformity with the purchase contract, in particular for it being free of defects. Conformity with the purchase contract means that the sold item has the quality and utility properties required by the contract, described by the Seller, the manufacturer or its representative, or expected on the basis of advertising carried out by them, or, as the case may be, the quality and utility properties usual for an item of that kind; that it complies with the requirements of legal regulations; that it is in the corresponding quantity, measure or weight; and that it corresponds to the purpose which the Seller states for the use of the item or for which the item is usually used.

8.3. Article 8.2 of these terms and conditions does not apply where the Seller specifically notified the consumer before conclusion of the purchase contract that a particular property of the goods differs, and the Buyer expressly agreed to this when concluding the purchase contract.

8.4. The Buyer is entitled to exercise a right arising from a defect (defective performance) which appears in consumer goods within twenty-four (24) months of receipt (submission of a complaint). For used goods, this period is one year from receipt of the goods by the Buyer.

8.5. The Buyer exercises and notifies a defect in the goods to the Seller by e-mail message to the address ahoj@ohyby.com, or in person at the Seller's address at Výchozí 118/6, 147 00 Prague 4, or by paper post sent to the delivery address Výchozí 118/6, 147 00 Prague 4, or by any other evident means. The Buyer is allowed to use the complaint form published on the website when notifying a defect.

8.6. A complaint must necessarily be submitted without undue delay, immediately once the defect has appeared.

Any delay while continuing to use the goods may cause the defect to worsen and the goods to be devalued, and may be grounds for rejecting the complaint. The moment of submission of the complaint is deemed to be the moment the Seller received the goods complained of from the Buyer.

8.7. The complaint must be accompanied by a document evidencing receipt and purchase of the goods, the goods themselves in complete condition, cleaned, free of all dirt and hygienically safe, and the defect complained of must be identified. The Seller is entitled to refuse to accept goods for complaint proceedings where the goods do not meet the above principles.

8.8. The Buyer submits the complaint by sending or personally handing over the goods at the Seller's address at Výchozí 118/6, 147 00 Prague 4, Czech Republic. The Buyer is further obliged to specify how the defect manifests itself.

8.9. Where the goods exhibit a defect, the Buyer is entitled to request, at their own discretion, either (i) removal of the defect by delivery of new goods free of defects (exchange of the damaged goods for new ones), where this is not disproportionate given the nature of the defect, or (ii) delivery of the missing goods, or (iii) repair of the goods, or is entitled to request (iv) a reasonable discount from the purchase price. The Buyer may withdraw from the purchase contract if the Seller fails to remove the defect in time or refuses to remove it, if the defect is irremediable, or if the Buyer cannot use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects.

8.10. The Buyer shall inform the Seller which right they have chosen upon notification of the defect, or without undue delay after notification of the defect. If the Buyer does not choose their right in time, they have the rights applicable in the case of a non-substantial breach of contract under Section 2107 of the Civil Code. Where the defective performance constitutes a non-substantial breach of contract, the Buyer has the right to have the defect removed.

8.11. Where the right to have the defect removed by repair of the item is exercised, the Buyer has the right to have the defect removed free of charge, in due time and properly. The Seller is obliged to remove the defect complained of without undue delay, but no later than within thirty (30) calendar days of the date the complaint was submitted. In justified cases, the Seller is entitled to require the Buyer to agree a longer period. The Seller shall inform the Buyer of the outcome of the complaint by e-mail.

Remediable defects are deemed to be defects which can be removed by repair without the appearance, function and quality of the product suffering.

8.12. A change in (a property of) the goods which has arisen during the period for exercising rights from defective performance as a result of their wear and tear, incorrect use, insufficient or unsuitable maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by external influence or other incorrect intervention by the Buyer or a third party, cannot be regarded as a defect in the goods.

8.13. Complaint form

To notify a defect, the Buyer may use the complaint form below:

Name and Surname: ______

Residence: _______

E-mail: _______

Telephone number: _______

Goods complained of: _______

Date of purchase: ______

Order/document no.: ______

Detailed description of the defect: ______

Proposed method of resolution: ______

In _______ on _______

/Signature/

___________________

Name and Surname


9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

9.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

9.2. Where the method of use of the goods is set out in instructions for use, the Buyer is obliged to familiarise themselves with these instructions before beginning to use the goods and to follow them.

9.3. The Buyer acknowledges that the software and other components forming the website and the web interface of the store, including the photographs and accompanying texts of the goods offered, are subject to intellectual property rights. The Buyer undertakes not to use them without authorisation, without the consent of the Seller or of the rightful holder of those rights.

9.4. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

9.5. The Buyer acknowledges that the Seller is not liable for errors arising as a result of interventions by third parties in the website or as a result of use of the website contrary to its intended purpose.


10. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS

10.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR Regulation”), relating to the processing of the Buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating that contract and for the purposes of fulfilling the Seller's public-law obligations, by means of a separate document.


11. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

11.1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purposes of sending commercial communications by means of a separate document.

11.2. The Seller fulfils its statutory obligations relating to any storage of cookies on the Buyer's device by means of a separate document.


12. DELIVERY OF COMMUNICATIONS

12.1. Communications may be delivered to the Buyer at the Buyer's electronic address.


13. OUT-OF-COURT RESOLUTION OF DISPUTES

13.1. The Seller handles out-of-court resolution of consumer complaints through the electronic address ahoj@ohyby.com. The Seller shall send information about the resolution of the Buyer's complaint to the Buyer's electronic address.

13.2. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from the purchase contract.

13.3. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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)

13.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade licence inspection is carried out within its remit by the competent Trade Licensing Office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, supervision over compliance with Act No. 374/2022 Coll., as amended, among other things. The Buyer is entitled to address their complaint to the supervisory or state oversight bodies stated above.


14. FINAL PROVISIONS

14.1. Where the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive a Buyer who is a consumer of the protection afforded to them by provisions of the legal order from which it is not possible to derogate by agreement, and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

14.2. Where any provision of the terms and conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the remaining provisions.

14.3. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

14.4. Contact details of the Seller: delivery address Výchozí 118/6, 147 00 Prague 4, e-mail address ahoj@ohyby.com, telephone +420 605 151 607.

14.5. The decisive wording of these terms and conditions is the wording in the Czech language. The wording in any other language, including English, is merely an informative translation provided for the Buyer's convenience and does not establish separate rights or obligations. In the event of any discrepancy, ambiguity or difference in interpretation between the Czech wording and a translation, the Czech wording prevails. This provision is without prejudice to the rights of a Buyer who is a consumer arising from mandatory provisions of legal regulations.


These terms and conditions are valid from 1 April 2026