Terms and Conditions

Terms and Conditions
of the business company MEXCOR CZ s.r.o.
with its registered office at Mlýnská 387/66, Trnitá 602 00 Brno
Company ID No.: 04092309 and VAT ID: CZ04092309
for the sale of goods via the online store located at www.puffhouse.cz

INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the business company MEXCOR CZ s.r.o., with its registered office at Mlýnská 387/66, Trnitá, Company ID No.: 04092309 (hereinafter referred to as the “Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.puffhouse.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts within the scope of their business activity or within the scope of their independent performance of a profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating arrangements in the Purchase Agreement 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 Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall not affect rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

USER ACCOUNT

2.1. Based on the Buyer’s registration made on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the Web Interface of the Store so allows, the Buyer may also order goods without registration directly via 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 change occurs. The data stated by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding 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 if the Buyer does not use their User Account for more than 365 days, or if the Buyer breaches their obligations under the Purchase Agreement (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.

CONCLUSION OF THE PURCHASE AGREEMENT

3.1. Any 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 Agreement regarding such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2. The Web Interface of the Store contains information about goods, including the prices of individual goods and the costs for returning goods, if by their nature such goods cannot be returned by usual postal route. Prices of goods are stated including value added tax and all related fees. Prices of goods remain valid for the period during which they are displayed in the Web Interface of the Store. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually negotiated conditions.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated in the Web Interface of the Store applies only in cases where goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes an order form in the Web Interface of the Store. The order form contains in particular information about:
3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer entered into the Order, also with regard to the Buyer’s ability to detect and correct errors that occurred when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “koupiť” button. The data stated in the Order are considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail to the Buyer’s e-mail address stated in the User Account or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s Electronic Address.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and such costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

in cash or by payment card on cash on delivery at the place designated by the Buyer in the Order;
cashless by transfer to the Seller’s account IBAN: CZ24 2010 0000 0029 0219 1642, maintained with Fio banka, a.s. (hereinafter referred to as the “Seller’s Account”);
cashless by transfer through the online payment gateway Global Payments s.r.o.;
cashless by payment card through the online payment gateway Global Payments s.r.o.;

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

4.3. The Seller does not require an advance payment or other similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 3 days from the conclusion of the Purchase Agreement.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with stating 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 if the Buyer does not additionally confirm the Order (Article 3.6), to require payment of the full purchase price prior to dispatch of the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts from the price of the goods provided by the Seller to the Buyer cannot be combined with each other.

4.8. If it is customary in commercial practice or if generally binding legal regulations so provide, the Seller shall issue to the Buyer a tax document – an invoice – regarding payments made under the Purchase Agreement. The Seller is a value added tax payer. The Seller shall issue the tax document – invoice – to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer’s Electronic Address.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase agreement for the supply of goods that have been modified according to the Buyer’s wishes or for their person, from a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that, after delivery, have been irreversibly mixed with other goods, from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase agreement for the supply of audio or video recordings or computer software if the original packaging has been broken.

5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where withdrawal from the purchase agreement is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods; where the subject of the Purchase Agreement consists of several types of goods or delivery of several parts, this period shall commence on the day of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the preceding sentence. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Agreement may be sent, inter alia, to the Seller’s establishment address or to the Seller’s e-mail address info@puffhouse.cz.

5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by usual postal route due to their nature.

5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from withdrawal from the Purchase Agreement, using the same means by which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or by another method, if the Buyer agrees thereto and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds before the Buyer returns the goods or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, cashlessly to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such gift shall cease to be effective and the Buyer shall be obliged to return the provided gift together with the goods to the Seller.

TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place designated by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. If, due to reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier thereof without undue delay. If damage to the packaging indicating unauthorized entry into the shipment is detected, the Buyer is not obliged to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties regarding transport of goods may be governed by special delivery conditions of the Seller, if issued by the Seller.

RIGHTS FROM DEFECTIVE PERFORMANCE

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

7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer received the goods:
7.2.1. the goods have the properties agreed by the parties, and if no agreement exists, they have such properties as described by the Seller or the manufacturer or as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure or weight, and
7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods regarding a defect corresponding to the degree of use or wear and tear which the goods had upon receipt by the Buyer, or if it follows from the nature of the goods.

7.4. If a defect becomes apparent within six months from receipt, it shall be deemed that the goods were defective already upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from receipt.

7.5. The Buyer exercises rights from defective performance with the Seller at the address of its establishment where acceptance of a complaint is possible with regard to the assortment of goods sold, or at the registered office or place of business.

7.6. Further rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure, if issued.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

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

8.3. Handling of consumer complaints is ensured by the Seller through the electronic address reklamace@puffhouse.cz. Information about the handling of the Buyer’s complaint will be sent by the Seller to the Buyer’s electronic address.

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

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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 online dispute resolution for consumer disputes).

8.6. The Seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the competent trade licensing office within its scope. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within the defined scope, inter alia, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

PROTECTION OF PERSONAL DATA

9.1. 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”) related to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, for the purposes of negotiations on this agreement and for the purposes of fulfilment of the Seller’s public law obligations through a separate document.

9.2. The Buyer agrees to the processing and collection of the following personal data: name and surname, residential address and delivery and billing address if different from the residential address, identification number and tax identification number, e-mail address and telephone number, or other personal data provided in the Order or during registration of the User Account (hereinafter collectively referred to as “Personal Data”), until the time of the Buyer’s written expression of disagreement with such processing. Personal Data shall be processed for the purposes of exercising rights and obligations under the Purchase Agreement, maintaining the User Account and sending information and commercial communications to the Buyer (if this option is selected or not expressly excluded). Consent or refusal to consent to the processing of Personal Data is not a condition preventing the conclusion of the Purchase Agreement.

9.3. The Seller may entrust the processing of the Buyer’s Personal Data to a third party as a processor.

9.4. The Buyer has the right of access to their Personal Data, the right to rectification, including other statutory rights relating to such data. The Buyer declares that they have been informed that Personal Data may be removed from the database upon the Buyer’s written request. The Buyer’s Personal Data are fully secured against misuse. The Seller does not transfer the Buyer’s Personal Data to any other person, except for external carriers and persons involved in the delivery of goods to the Buyer, to whom Personal Data are transferred to the minimum extent necessary for delivery of goods.

9.5. Personal Data shall be processed for an indefinite period. Personal Data shall be processed in electronic form by automated means or in printed form by non-automated means.

9.6. The Buyer confirms that the provided Personal Data are accurate and that they have been informed that providing Personal Data is voluntary.

9.7. If the Buyer believes that the Seller or the processor processes their Personal Data in a manner contrary to the protection of the Buyer’s private and personal life or contrary to law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:

request an explanation from the Seller or the processor,
require the Seller or the processor to remedy such a situation, in particular by blocking, correcting, supplementing or deleting Personal Data.
If the Buyer’s request is found justified, the Seller or the processor shall remedy the defective situation without undue delay. If the Seller or the processor fails to comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer’s right to contact the Office for Personal Data Protection directly with their complaint.

9.8. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide such information. The Seller is entitled to request reasonable compensation not exceeding the costs necessary to provide such information.

9.9. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer’s electronic address. The Buyer also agrees to the sending of commercial communications by the Seller. The Buyer may withdraw the consents under the preceding sentences at any time.

SENDING OF COMMERCIAL COMMUNICATIONS, STORAGE OF COOKIES AND WEB INTERFACE

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer’s electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer’s electronic address. The Seller fulfils its information obligation towards the Buyer under Article 13 of the GDPR Regulation related to the processing of Personal Data for the purposes of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the Website can be made and the Seller’s obligations under the Purchase Agreement fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent at any time.

10.3. The Web Interface of the Store uses the Google Analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files stored on the Buyer’s computer enabling analysis of the use of the Web Interface of the Store by Buyers and Users. Information generated by cookies about the use of the website (including IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating use of the Web Interface of the Store and creating reports on its activity for the Seller and operators of the Web Interface of the Store and for internet usage in general. Google may also provide this information to third parties where required by law or where such third parties process the information on Google’s behalf. Google will not associate the Buyer’s IP address with any other data held by Google. Buyers and Users may refuse the use of cookies by selecting appropriate settings in their internet browser; however, in such case it may not be possible to fully use all functions of the Web Interface of the Store. By using the Web Interface of the Store, Buyers and Users consent to the processing of data by Google in the manner and for the purposes described above.

10.4. The Seller is not liable for errors resulting from interventions of third parties into the Web Interface of the Store or from its use contrary to its intended purpose. Users and Buyers must not use mechanisms, software, scripts or other procedures that could have a negative impact on the operation of the Web Interface of the Store, in particular disrupt system functionality or disproportionately burden the system, nor perform any activity that could allow unauthorized interference with or unauthorized use of software or other components forming the Web Interface of the Store. Errors arising when entering data before submitting the Order or during its submission and processing shall be identified and corrected based on e-mail or telephone communication.

10.5. The possibility to submit product reviews designated as consumer reviews is available only to a registered consumer who has actually purchased the product in the puffhouse.cz e-shop. In order to identify consumer reviews from actual consumers, the Seller has adopted reasonable internal measures to identify reviews not originating from consumers with personal experience with the product offered. All legitimate reviews are published in full, except those containing vulgar or inappropriate expressions contrary to good morals and customary business practices. Reviews may be submitted by rating on a scale of 1 to 5 (1 – worst, 5 – best) and optionally by adding text. The product rating displayed is shown visually (1 to 5 stars) and numerically calculated as an arithmetic mean of all ratings provided by authorized consumers for the product since its introduction to the puffhouse.cz offer. In cases where products are ranked by sales volume (“Best-selling products”), this represents a descending ranking from the best-selling product in the given product category for the past 30 days. The criterion is the number of units sold.

DELIVERY

11.1. Notices may be delivered to the Buyer at the Buyer’s electronic address.

11.2. A notice shall also be deemed delivered if its acceptance was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.

11.3. The contractual parties may deliver ordinary correspondence to each other by electronic mail, namely to the electronic address stated in the Buyer’s User Account or specified by the Buyer in the Order, or to the address stated on the Seller’s Website.

FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By the choice of law pursuant to the preceding sentence, the Buyer who is a consumer is not deprived of the protection afforded to them by provisions of the legal order from which it is not possible to deviate contractually and which would otherwise apply pursuant to 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).

12.2. The content of the Seller’s Website, all materials published thereon (texts, photographs, images, logos and others) and in related printed media (promotional leaflets, advertisements, etc.), including the software of the Web Interface of the Store and these Terms and Conditions, are protected by the Seller’s copyright and may also be protected by other rights of third parties. The content may not be modified, copied, reproduced, distributed or used by the Buyer or User or by any third party for any purpose without the Seller’s prior written consent. In particular, it is prohibited to make photographs and texts published on the Web Interface of the Store available for consideration or free of charge. In the event of breach of this prohibition, the Seller shall proceed in accordance with Act No. 121/2000 Coll., the Copyright Act, as amended. Names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. An annex to the Terms and Conditions is the model withdrawal form from the Purchase Agreement.

12.6. Seller’s contact details: delivery address PUFFHOUSE, Železná 633/2, Brno, 619 00, e-mail address info@puffhouse.cz, telephone +420 608 758 066.

These Terms and Conditions are valid and effective as of 1 May 2022, last update as of 1 June 2025.
In Brno on 01/06/2025

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