Terms of Service 📜
Summary of the Terms and Conditions
The online store at https://mattcha.store and the Mattcha and Mattcha.store brands are operated by the entrepreneur Jiří Martinec, with registered office at Karla Hynka Máchy 736/7, 500 02 Hradec Králové 2, Czech Republic, ID No. 10725652, registered in the Trade Register, non-VAT payer. You can contact us at our e-mail address contact@mattcha.store
Once you submit your order via the online store, a contract is concluded. We will confirm the acceptance of the order and the conclusion of the contract to you by e-mail.
Make the payment within 14 days of the contract conclusion or later, depending on the selected payment method.
As a consumer, you can withdraw from the concluded contract at any time up to 14 days from the day of goods acceptance. Which contracts cannot be withdrawn from can be found in the full text of the Terms and Conditions. We may withdraw from the concluded contract at any time up until the moment you take over the goods from us. After withdrawal from the contract, you will return the goods to us, including any gifts and bonuses, if we have provided any, at your own expense, within 14 days of withdrawal. We will refund the money within 14 days of receiving the withdrawal, but not before you return the goods to us or prove that the goods have been shipped to us.
If you order tangible goods in our online store, a purchase contract is concluded.
You become the owner of the goods as an entrepreneur upon concluding the contract and as a consumer upon accepting the goods, but not before you have paid the total price in full. If damaged goods are delivered to you as a consumer, inform us immediately. If you discover the damage upon acceptance of the goods, also inform the carrier about the damage.
If you are a consumer, you have the right to claim defects that appear on the goods within 2 years from the acceptance of the goods. How exactly to claim the goods and what you can request in case of a claim can be found further in the Terms and Conditions.
1. General Provisions
1.1. Applicability of the Terms and Conditions
These Terms and Conditions govern the conclusion of contracts between us as the merchant and you as the customer through the online store, and our and your rights and obligations arising from the contracts. The Terms and Conditions also include mandatory information provided. Information on personal data processing can be found in a separate document on our website. The Terms and Conditions become effective on January 6, 2025.
1.2. Used Terms
In our Terms and Conditions, we use the following abbreviations:
1.2.1. We, which means the merchant, i.e., the entrepreneur Jiří Martinec, with registered office at Karla Hynka Máchy 736/7, 500 02 Hradec Králové 2, Czech Republic, ID No. 10725652, registered in the Trade Register, non-VAT payer.
1.2.2. You, which means the customer, i.e., the other contracting party different from us, who may be one of the following entities:
1.2.2.1. consumer, who is a natural person not acting within the scope of their business activity or within the independent exercise of their profession,
1.2.2.2. entrepreneur, who is a natural person or legal entity acting within the scope of their business activity or within the independent exercise of their profession.
1.2.3. Online Store, meaning our web interface located at the web address https://mattcha.store, where you can view our offer and order goods from our assortment.
1.2.4. E-mail, meaning electronic mail, which can be used to contact us at the e-mail address contact@mattcha.store.
1.2.5. Contracts, meaning purchase contracts.
1.3. Relationship of the Terms and Conditions to the Contract
The Terms and Conditions are an integral part of all contracts. Deviating stipulations in the contract shall prevail over the wording of the Terms and Conditions.
1.4. Relationship of the Contract and Terms and Conditions to Legal Regulations
Rights and obligations not regulated by the Terms and Conditions or the contract shall be governed by the legal regulations of the Czech Republic, especially Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, in accordance with the legal regulations of the European Union, especially Directive 2011/83/EU on consumer rights and Directive 2000/31/EC on electronic commerce. In case of a conflict between the Terms and Conditions or the contract and a legal regulation, unless it is a matter that can be regulated by a differing agreement, the legal regulation shall prevail.
1.5. Severability of Provisions of the Terms and Conditions and Contractual Stipulations
If any provision of the Terms and Conditions or contractual stipulations becomes invalid, ineffective, or is disregarded, the validity and effectiveness of the other provisions of the Terms and Conditions and contractual stipulations shall not be affected.
1.6. Relations with an International Element
Legal relations between us and you, in the presence of an international element, shall be governed by Czech law, and Czech courts shall have jurisdiction to resolve any disputes. The UN Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply.
1.7. Complaint Resolution Methods
Any complaints and disputes between you and us can be resolved:
1.7.1. out-of-court in proceedings conducted by the Czech Trade Inspection Authority (adr.coi.cz) or through the online dispute resolution platform established by the European Commission (consumer-redress.ec.europa.eu),
1.7.2. online in our online store,
1.7.3. by email to our e-mail address.
1.8. Supervisory Authorities
Our activity is controlled and supervised by state authorities of the Czech Republic, which can be approached with suggestions in accordance with the legal regulations governing their scope and powers. State supervisory authorities include, but are not limited to:
1.8.1. Czech Trade Inspection Authority,
1.8.2. Trade Licensing Offices,
1.8.3. Office for Personal Data Protection,
1.8.4. State Agricultural and Food Inspection Authority,
1.8.5. Regional Hygiene Stations.
2. Ordering Goods and Concluding Contracts
2.1. Ordering Goods
Goods in our online store can be ordered by accepting the offer to conclude a contract, which is the display of goods in the online store, through:
2.1.1. the online store.
Acceptance of our offer with an addition or deviation is not possible and is considered a counter-offer from your side.
2.2. Ordering Goods via the Internet
You order goods via the online store by selecting the offered goods in the required quantity, quality, and design, adding the goods to the virtual shopping cart, filling in the required data, selecting the method of goods delivery and payment, and submitting your order using the button „Complete order with payment obligation“ which leads to the conclusion of the contract. Before submitting the order, you will be allowed to check and possibly change the entered data.
2.3. Order Acceptance Confirmation
We will confirm the successful acceptance of your order and the conclusion of the contract to your e-mail address by sending an e-mail message, which will include:
2.3.1. confirmation of the contract conclusion and its content,
2.3.2. our Terms and Conditions, which also contain mandatory information provided.
In case of incompleteness or incorrectness of the order, we will ask you to supplement it or inform you about the impossibility of concluding the contract.
2.4. Language and Storage of the Contract
Contracts are concluded in the English language. We store concluded contracts and you can access your contracts through the online store.
3. Concluded Contracts and Their Content
3.1. Change and Cancellation of the Contract
Concluded contracts cannot be unilaterally changed or canceled; this can only be done based on mutual agreement, or if so provided by a legal regulation or the Terms and Conditions.
3.2. Content of the Purchase Contract
Based on the concluded purchase contract, we are obliged to deliver the ordered tangible goods to you in the agreed manner and provide any agreed services, and you are obliged to take over the goods and pay us the total price, which consists of the price of the ordered goods, the price of payment, the price of goods delivery, and the price of any other ordered services.
3.3. Intellectual Property Protection
If we supply you with goods based on the contract that are protected by intellectual property rights (especially copyright works, trademarks, industrial designs, patents, and utility models), the contract does not include a license authorizing you to exercise intellectual property rights. As a natural person, you must not use copyright-protected goods other than for personal use, and as a legal entity, other than for your own internal use; in particular, you are not authorized to reproduce, resell, rent, or otherwise make the goods available to third parties.
3.4. Discounts and Promotional Actions
For discounts or other marketing actions, unless otherwise stipulated, individual provided discounts and other benefits cannot be combined.
3.5. Gifts and Bonuses
If gifts or other bonuses were provided to you within the framework of the contract, this occurs on the basis of a gift contract, therefore we are not responsible for their defects. The existence of the gift contract is dependent on the existence of the main contract, and the gift contract is concluded with a rescinding condition of cancellation of the gift contract in case the main contract ceases to exist.
3.6. Discount Coupons and Gift Vouchers
Discount coupons and gift vouchers can be redeemed under the agreed conditions or the conditions stated on the coupon or voucher. Unless otherwise agreed, they can only be redeemed with us, and the validity period is limited to withdrawal or termination of the discount promotion for discount coupons, and to one year from their issuance for gift vouchers.
4. Payment Terms
4.1. Payment Methods
The total price can be paid using the methods found in the online store at the web address https://mattcha.store/pages/shipping-and-payment.
4.2. Time for Payment
You are obliged to pay the total price either before the goods delivery, upon the goods acceptance, or later, depending on the agreed payment method. If the total price is to be paid before the goods delivery, you are obliged to pay it within 14 days of the contract conclusion. If the total price is paid through a payment service provider, the total price is paid upon crediting the monetary amount to our account with the payment service provider.
4.3. Payment via Credit
In case payment of the total price is agreed upon via credit or another financial product based on a contract with a financial service provider, this relationship is also governed by the contract and conditions of the financial product provider.
4.4. Electronic Submission of Tax Documents
You agree that we will issue and send the invoice (tax document) to you electronically to your e-mail address provided during the order.
5. Delivery Terms
5.1. Delivery Methods
The delivery methods you can use can be found in the online store at the web address https://mattcha.store/pages/shipping-and-payment.
5.2. Restriction on Goods Delivery
The delivery of goods by us is not subject to any geographical restrictions.
5.3. Acquisition of Ownership Title
You become the owner of the goods we supply to you as an entrepreneur upon concluding the contract and as a consumer upon accepting the goods, but not before you have paid the total price in full.
5.4. Time for Delivery
The agreed time for goods delivery runs from the conclusion of the contract. If you are a consumer and the time for delivery is not agreed upon, we will deliver the goods to you without undue delay, but no later than 30 days from the day of the contract conclusion. If the total price is to be paid before the goods delivery, the time for goods delivery runs only from the payment of the total price. The goods will be delivered to the place of destination within this time. If you are not a consumer and the goods are to be delivered to the place of destination by a carrier, the goods will be handed over to the carrier within this time.
5.5. Acceptance of Goods
You are obliged to accept the goods within the agreed time and at the agreed place, depending on the delivery method. If the goods are to be delivered by a carrier, you are obliged to accept them upon delivery to the place of destination. If you do not accept the goods, we acquire the right to withdraw from the contract. In such a case, we have the right to reimbursement of costs incurred by us due to non-acceptance of the goods, especially the costs associated with the goods delivery and their return to us. If we repeatedly deliver the goods to you after you fail to accept them, we have the right to reimbursement of costs associated with repeated delivery.
5.6. Identity Check upon Goods Acceptance
If the goods were paid for before their delivery, we are entitled to condition the handover of the goods on the identity check of the accepting person based on an identity document.
5.7. Damage to Goods during Transport to the Consumer
If you are a consumer, the risk of damage to the goods transfers to you upon the goods acceptance. In case the goods are delivered to you damaged, you are obliged to inform us of the damage without undue delay, preferably:
5.7.1. online at the web address https://mattcha.store/pages/contact,
5.7.2. by email to the email address contact@mattcha.store.
If you discover damage to the shipment already upon accepting the goods, you are obliged to inform not only us but also the carrier about the damage upon accepting the goods. You may ask the carrier to unpack the damaged shipment before its acceptance, and in case you find that the goods were damaged, you are not obliged to accept them from the carrier.
5.8. Goods Packaging
Unless otherwise agreed, the goods will be packaged in a manner suitable for their storage and protection.
6. Right to Withdraw from the Contract
6.1. General about Withdrawal from the Contract
Withdrawal from a concluded contract cancels the contract from the beginning, and the parties are obliged to return everything they provided based on the canceled contract. Withdrawal from the main contract also cancels the dependent gift contract. The right to withdraw from the contract can be exercised under the conditions set out in the Terms and Conditions, or if so provided by legal regulations.
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 of the contract conclusion until the moment you take over the goods from us, for the following reasons:
6.2.1. exhaustion of the stock of the ordered goods,
6.2.2. non-acceptance of the goods upon their delivery,
6.2.3. misuse of our online store's ordering system,
6.2.4. providing incorrect data when ordering the 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 worthy of special consideration.
6.3. Consumer's Statutory 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 of
6.3.1. acceptance of the goods,
6.3.2. acceptance of the last piece of goods, if you order multiple pieces of goods within one order that are delivered separately,
6.3.3. acceptance of the last item or part of a goods delivery consisting of several items or parts,
6.3.4. acceptance of the first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period,
6.3.5. the contract conclusion, in the case of another contract.
6.4. Impossibility of Withdrawal from the Contract
You do not have the right to withdraw from contracts:
6.4.1. for the supply of goods manufactured according to your requirements or customized to your needs,
6.4.2. for the supply of goods in a sealed package which is not suitable for return for health protection or hygiene reasons after you have broken the seal,
6.4.3. for the supply of goods that are perishable or goods with a short shelf life, as well as goods that have been irrevocably mixed with other goods after delivery due to their nature,
6.4.4. for the provision of services, if they have been fully provided,
6.4.5. others, if so provided by a legal regulation.
6.5. Method of Withdrawal from the Contract
If you have the right to withdraw from the contract and wish to do so, you can do so by means of a unilateral legal act that you deliver to us, preferably:
6.5.1. by filling in the model withdrawal form, which is located in our online store at https://mattcha.store/pages/refund-policy and sending it
6.5.1.1. by e-mail to the e-mail address contact@mattcha.store;
6.6. Adherence to the Deadline
If you are a consumer, it is sufficient for compliance with the deadline for withdrawal from the contract if you send us the withdrawal on the last day of the period specified for withdrawal from the contract.
6.7. Return of Goods after Withdrawal from the Contract
If you withdraw from the contract, you are obliged to return the goods to us at your own expense, preferably simultaneously with the withdrawal from the contract, no later than 14 days from the delivery of the withdrawal, preferably by
6.7.1. sending the goods to the address of our registered office.
You must return the goods to us undamaged, unsoiled, unworn, and showing no signs of use, including all accessories and documentation, if possible in the original packaging. At the same time, you are obliged to return to us all gifts and bonuses you received based on the canceled contract.
6.8. Refund after Withdrawal from the Contract
If you, as a consumer, withdraw from the contract, we will refund the monetary funds paid to you within 14 days of receiving the withdrawal from the contract, but not before you return the goods to us or prove that the goods have been shipped to us. We will refund the paid costs of goods delivery only up to the amount corresponding to the cheapest comparable method of delivery we offer. If the value of the returned goods decreases due to handling them in a manner other than what is necessary to become acquainted with their nature, properties, and functionality, the refunded amount will be reduced by the amount by which the value of the goods decreased. We will refund the monetary funds to you in the same way we received them from you, or in another way we agree upon, provided that you do not incur additional costs as a result.
7. Claiming Goods Defects
7.1. Claim Period
You can claim a defect that appears on the goods within 2 years, or within 1 year for used goods, from the acceptance of the goods.
7.2. Our Responsibility for Goods Defects
We are responsible to you for the goods being free of defects upon acceptance. In particular, we are responsible for the item:
7.2.1. corresponding to the agreed description, type, and quantity, as well as quality, functionality, and other agreed properties,
7.2.2. being suitable for the purpose for which you requested it, if we agreed to it,
7.2.3. being delivered with the agreed accessories and instructions for use, including instructions for assembly or installation.
7.3. We are further responsible to you
for the goods meeting the following requirements in addition to the agreed properties; this does not apply if we informed you before concluding the contract that some properties of the goods differ and you agreed to this:
7.3.1. being suitable for the purpose for which goods of this kind are usually used, also taking into account the rights of third parties, legal regulations, technical standards, or codes of conduct of the given industry, if there are no technical standards,
7.3.2. by quantity, quality, and other properties, including durability, functionality, compatibility, and safety, corresponding to the usual properties of goods of the same kind that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, especially by advertising or labeling; we are not bound by a public statement if we were not aware of it or it was amended at the time of concluding the contract in at least a comparable manner to the one in which it was made, or it could not have influenced the decision to purchase,
7.3.3. being delivered with accessories, including packaging, assembly instructions, and other instructions for use, which you can reasonably expect,
7.3.4. and corresponding in quality or design to the sample or model we provided to you before concluding the contract.
7.4. Limitation of Liability
We are not responsible to you:
7.4.1. for wear and tear of the goods corresponding to the extent of their previous use,
7.4.2. for used goods, for a defect corresponding to the extent of use or wear and tear that the goods had upon acceptance,
7.4.3. for perishable goods with a marked minimum durability period and for quickly perishable goods with a marked use-by date, for the unusability of the goods after the marked period has expired,
7.4.4. if you caused the defect yourself.
7.5. Time for Exercising the Right
You are obliged to inspect the goods as soon as possible and verify their properties and quantity. You are obliged to claim your right arising from liability for defects of the goods with us without undue delay, as soon as possible after you could have discovered the defects, and within the claim period.
7.6. Right to Defect Removal
If the goods have a defect, you have the right to free defect removal, either by delivering new goods without defects or by repairing the goods, according to your choice. You do not have the right to choose the method of defect removal if the method of defect removal chosen by you would be impossible or disproportionately expensive compared to the other method.
7.7. Right to a Reasonable Discount and Withdrawal from the Contract
If we refuse to remove the defect or do not remove it, or the defect appears repeatedly, or the defect is a substantial breach of the contract, or it is evident from our declaration or circumstances that the defect will not be removed within a reasonable time or without considerable difficulties for you, you may demand 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. Method of Claiming
If you wish to assert your right arising from liability for defects, you can do so preferably by:
7.8.1. sending the goods to the address of our registered office,
7.8.2. to another person designated for asserting liability for defects, if such person is stated in the warranty certificate or other document, on the goods packaging, or in our online store.
7.9. Claim Requirements
The goods must be handed over to us in a state that allows the assessment of the legitimacy of the claim; in particular, the goods must not be handed over unreasonably soiled. When claiming, it is necessary to:
7.9.1. prove that the goods were purchased from us,
7.9.2. state what defect of the goods you are claiming and how you request the claim to be settled. The requested method of claim settlement cannot be subsequently changed without our consent.
7.10. Claim Settlement
Your claim will be settled within a reasonable time, no later than 30 days from the day the claim was lodged. You will be notified of the claim settlement within this period, and the goods will be returned to you in the same manner as they were handed over to us when the claim was lodged. If the claim is not settled on time, you have the right to withdraw from the contract or demand a reasonable discount from the price. If your claim is acknowledged, the period for asserting defects is extended by the time it took us to settle your claim.
7.11. Reimbursement of Claim Costs
In the case of a claim, you have the right to reimbursement of necessary costs that were reasonably incurred when asserting the right arising from liability for defects of the goods. If the claim is rejected, we have the right to reimbursement of necessary costs incurred by us when returning your goods.
7.12. Claim Confirmation
When asserting the right arising from liability for defects of the goods, we will issue you a written confirmation of when you asserted the right, what the content of the claim is, and what method of claim settlement you request, further a confirmation of the date and method of claim settlement, including confirmation of the repair performance and its duration, or a written justification for the rejection of the claim.
7.13. Above-Standard Quality Guarantee
An above-standard quality guarantee for the goods may be provided to you beyond your statutory rights. This arises from the guarantor's statement, which may also be made by advertising, that they will satisfy you beyond your statutory rights arising from defective performance if the goods do not have the properties stated in the guarantee statement. The rights arising from the above-standard quality guarantee and the conditions for its assertion are governed by the guarantor's statement. If the guarantor guarantees that the goods will retain their functions and performance for a certain period during ordinary use, or if a warranty period or use-by date of the goods is stated on the packaging, then you have the right against the guarantor at least to the delivery of new goods without defects or their repair.