Terms of service
This website is operated by ROUVY. Throughout the site, the terms “we”, “us” and “our” refer to ROUVY. ROUVY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review Section 20.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ROUVY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ROUVY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Czech Republic.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
If you have any questions about a claim, you can contact us at email@example.com.
The rights and obligations of the Seller and the Buyer regarding the Seller's warranty for the quality of the goods upon acceptance and the customer's rights from defective performance are governed by the relevant generally binding regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter also referred to as "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that the goods:
- conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
- is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
- is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
- the goods are fit for the purpose for which they are normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
- the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that the buyer can reasonably expect, even taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling, unless the seller was not aware of it or it was modified at the time of the conclusion of the contract of sale in a manner at least comparable to that in which it was made, or that it could not have influenced the purchase decision,
- the goods are supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect; and
- the goods correspond in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the purchase contract.
If the defect manifests itself within one year of receipt, the goods and/or service shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. Pursuant to Section 2165(1) of the Civil Code, the consumer may complain to the seller about a defect that becomes apparent in the goods within two years of receipt (in the case of a second-hand purchase, the parties may shorten this period to one year).
The seller is not liable for damage to the goods and the consumer is not entitled to the right of defective performance if the defect was caused by the consumer. Nor is wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use, a defect in the item.
Where a thing is defective, the consumer may demand that it be remedied, either by the delivery of a new thing without defect or by the repair of the thing, unless the chosen method of remedying the defect is impossible or disproportionately costly in comparison with the other; this shall be assessed in particular in the light of the significance of the defect, the value which the thing would have had without the defect and whether the defect can be remedied by the other method without significant difficulties for the consumer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the goods would have had without the defect.
The seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the consumer significant inconvenience (the nature of the item and the purpose for which the consumer bought the item shall be taken into account). The seller shall take over the item at his own expense to remove the defect. If the consumer does not take possession of the item within a reasonable time after the seller has informed him of the possibility of taking possession of the item after repair, the seller is entitled to a storage fee (if the amount is not agreed by the parties, the usual amount is deemed to be agreed).
The consumer can claim a reasonable discount (i.e. the difference between the value of the fault-free item and the faulty item that the consumer received) or withdraw from the contract if:
- the seller refuses to remove the defect or fails to remove it within a reasonable time after it has been pointed out and/or fails to take over the item to remove the defect at his own expense;
- the defect is repeated (i.e. a third claim for the same defect or a fourth claim for a different defect);
- the defect is a material breach of the contract (i.e. a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach);
- it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the consumer.
The consumer may not withdraw from the contract if the defect is insignificant; however, it is presumed that the defect is not insignificant. If the consumer withdraws from the contract, the seller shall refund the purchase price to the consumer without undue delay after he has received the item or after the consumer has proved to him that he has dispatched the item.
For used goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the consumer buyer shall be entitled to a reasonable discount in lieu of the right to exchange.
The purchasing entrepreneur is entitled to assert the right to claim the right from the defect that the item had when the risk of damage passed to the purchaser, even if it appears later. The right of the buyer-entrepreneur shall also be established by a defect arising later which the seller has caused by a breach of his duty.
The defect can be blamed on the seller from whom the item was purchased. However, if another person is designated to carry out the repair, who is in the place of the seller or in a place closer to the buyer, the buyer shall reproach the defect to the person who is designated to carry out the repair.
Complaint: the buyer has the right to complain about the defect through customer support - firstname.lastname@example.org. If the Buyer complains about the defect, he should provide his contact details, description of the defect, request for the method of handling the complaint and other details that are stipulated in these Terms and Conditions in relation to the exercise of the right of defective performance. A sample form for making a Claim can be downloaded here.
When making a claim, the buyer is obliged to tell the seller what right (method of claim settlement) he has chosen. Changing the choice without the seller's consent is not possible. The goods should be packed in suitable packaging to prevent damage, clean and complete when transported. Special packing of goods for transport, especially by cleaning filling systems, filters, etc. (if this can be done without breaking the protective elements) applies to goods which may spill, leak or otherwise mix different types of goods.
The complaint, including the removal of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period. After the expiry of this period, the consumer may withdraw from the contract or demand a reasonable discount.
The buyer is obliged to prove the purchase of the claimed goods with a proof of purchase.
The buyer is obliged to present the claimed goods cleaned, free of all impurities and hygienic. The Seller shall be entitled to refuse to accept for complaint any goods that do not meet the above requirements.
The buyer is entitled to compensation for costs reasonably incurred in exercising the right from defective performance. However, this is only if he is entitled to such a right and in full compliance with § 1924 CC.
SECTION 21 - WITHDRAWAL FROM CONTRACT
If you have any questions about withdrawing from the contract, you can contact us at email@example.com at any time.
If the buyer is a consumer, he has the right to withdraw from the contract and request a refund within 14 days.
- In the case of a contract of sale, the period of 14 days runs from the date of delivery of the goods.
- In the case of a contract involving several types of goods or the delivery of several parts, the time limit is 14 days from the date of receipt of the last delivery of goods.
- In the case of a repeated delivery of goods, the period of 14 days shall run from the date of receipt of the first delivery of goods.
If you are buying as a business, you do not have a legal right to return the goods within 14 days for purchases made at a distance. The law only favours consumers in this case.
We only allow businesses to withdraw from a contract in rare cases and by mutual agreement. If you are a business, you may be allowed to withdraw from the contract within 14 days at our discretion.
In the case of delivery of digital content for a fee. When placing an order, the buyer acknowledges that such contract cannot be cancelled if the buyer starts using the product immediately within the first 14 days of purchase. The classic case is the activation of the code provided to you when you order the ROUVY gift card.
Once your withdrawal has been accepted, we will send you instructions on how and where to send the package.
Once the consumer has withdrawn from the contract, he/she must return the goods to the seller without undue delay, at the latest within 14 days of the withdrawal itself. You return the goods at your own expense, which will not be refunded. The goods should be undamaged, unused and clean, including any accessories you have received with them. If possible, the goods should be returned in their original packaging.
According to the law, the consumer has the opportunity to inspect and test the goods and, if necessary, withdraw from the contract within 14 days. However, this testing should only be for the necessary familiarisation with the features and functions of the goods, to the same extent as when you try them on in a bricks-and-mortar shop.
If the consumer returns the goods damaged, scratched or with other signs of wear and tear, the seller may reduce the purchase price of the goods returned to you by the amount corresponding to such wear and tear.
The money will be refunded within 14 days of cancellation in the same way as the payment. However, we do not have to refund the money to the consumer before they return the goods or before you can prove that they have sent the goods back. Also, the consumer is entitled to a refund of the money spent on delivery of the goods when he placed his order, but only up to an amount equal to the cheapest delivery method offered on the ROUVY e-shop.
The seller will only refund the money to the consumer in another way if the consumer has agreed to it and if no additional costs are incurred.
SECTION 22 - DISPUTE RESOLUTION AND ALTERNATIVE DISPUTE RESOLUTION
In the case of complaints and dispute resolution, we recommend that you first contact our customer support.
If we do not resolve your complaint to your satisfaction, these disputes can also be resolved out of court. In such a case, you as a consumer can contact the subject of alternative dispute resolution, such as the Czech Trade Inspection (www.coi.cz).
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.