These General Terms and Conditions (“Terms”) of the company DARHA s.r.o., with its registered office at Radechovská 1452, Bělá pod Bezdězem, Company ID No. 08671133, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 322959, e-mail: info@darha-agency.cz, telephone number: +420 608 322 221 (“We” or the “Seller”), govern—in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”)—the mutual rights and obligations between You (as the Buyer) and Us (as the Seller) arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded via the e-shop on the website www.design-infinity.eu.
All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here: Personal Data Protection Terms. The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in either the Czech or English language. We reserve the right to unilaterally amend or supplement the Terms. This provision does not affect rights and obligations that arose while a previous version of the Terms was in effect. As you are likely aware, our communication takes place primarily remotely.
Consequently, our Agreement is concluded using means of distance communication, allowing us to reach an agreement without the need for our simultaneous physical presence. Thus, the Agreement is concluded remotely via the E-shop, specifically through the website interface (the "E-shop web interface").
Should any part of the Terms conflict with agreements made during the purchase process on our E-shop, such specific agreements shall take precedence over the Terms.
I. CERTAIN DEFINITIONS
1. Price means the financial amount you will pay for the Goods;
2. Shipping Cost means the financial amount you will pay for the delivery of the Goods, including the cost of packaging; for digital products, no shipping or packaging costs are charged.
3. Total Price means the sum of the Price and the Shipping Cost;
4. VAT means Value Added Tax, as defined by applicable legal regulations;
5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. Order means your irrevocable offer to enter into a contract for the purchase of Goods with us;
7. User Account means an account created based on information provided by you, which allows for the storage of entered data as well as the history of ordered Goods and concluded contracts;
8. You means the person purchasing from our E-shop, referred to in legal regulations as the Buyer;
Goods (also referred to as a Product or Service) means anything that you can purchase on the E-shop.
10. Digital content is data or other content created and provided in digital form. For the purposes of these Terms and Conditions, digital content means in particular e-books, electronic publications, PDF, DOCX and other documents, worksheets, checklists, instructions, presentations, graphic and photographic files, digital images, illustrations, graphic, photo and video templates, editable templates, digital file packages, ZIP archives, audio and video files, online courses, webinars, computer programs, applications and other similar content provided in electronic form.
Digital content may be made available to the Buyer, in particular by sending a file via e-mail, via a link to download or open the content, via a User Account or member section, via a third-party application or platform, such as Canva, or in another electronic manner specified for a specific Goods/Product.
Digital content may, where its nature allows, also be provided via a tangible data carrier, such as a USB device, memory card or other similar carrier.
II. GENERAL PROVISIONS AND INSTRUCTIONS
1. Purchase of Goods is only possible via the web interface of the E-shop.
2. When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You provided Us when ordering Goods to be correct and truthful.
III. CONCLUSION OF THE CONTRACT
1. A contract with Us can only be concluded in Czech or English.
2. The Contract is concluded remotely via the E-shop, and the costs of using remote communication means are borne by you. However, these costs do not differ in any way from the basic rate that you pay for using these means (i.e. in particular for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use remote communication means.
In order to conclude the Contract, you must create a draft Order in the E-shop. This draft must include the following information:
a) Information about the Goods being purchased (in the E-shop, you mark the Goods you are interested in purchasing by clicking the "Add to Cart" button);
b) Information about the Price, Shipping Price, payment method for the Total Price and the requested method of delivery of the Goods; this information will be entered when creating the draft Order within the user environment of the E-shop, while information about the Price, Shipping Price and Total Price will be automatically provided based on the Goods you have selected and the method of delivery;
c) Your identification and contact information used to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address;
d) In the case of a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, also information about how long we will deliver the Goods to you.
4. During the creation of the Order draft, you can change and check the data until it is created. After checking by pressing the "Order binding for payment" button, you will create the Order. However, before pressing the button, you must confirm your familiarity with and agreement to these Terms and Conditions, otherwise it will not be possible to create the Order. A check box is used for confirmation and agreement. After pressing the "Order binding for payment" button, all filled-in information will be sent directly to Us.
5. We will confirm your Order to you as soon as possible after it is delivered to Us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Our confirmation of the Order constitutes a Contract between Us and You. The Terms and Conditions in the version in effect on the date of the Order form an integral part of the Contract.
There may be cases where we will not be able to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should therefore not be surprising to you.
If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm Our offer.
If an obviously incorrect Price is stated in the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded when you confirm Our offer.
If you do not confirm Our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or left out.
8. In the event that the Contract is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in such a case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is identical to that in the case of a buyer without a User Account, but the advantage is that you do not need to fill in your identification data repeatedly.
10. In some cases, we allow you to use a discount on the purchase of Goods. To provide a discount, you must fill in the details of this discount in the pre-specified field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.
IV. USER ACCOUNT
1. Based on your registration in the E-shop, you can access your User Account.
2. When registering a User Account, you are obliged to provide all entered data correctly and truthfully and to update it in the event of any changes.
3. Access to the User Account is secured by a username and password. It is your obligation to maintain confidentiality regarding these access details and not to provide these details to anyone. We are not responsible for any misuse of these details.
4. The user account is personal, and you are therefore not authorized to allow third parties to use it.
5. We may cancel your User Account, especially if you do not use it for more than 24 months or if you breach your obligations under the Agreement.
6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
7. Registration and maintenance of a User Account may also be a condition for participation in the E-shop Loyalty Program. The conditions for obtaining and using loyalty points, available rewards and other rules of the Loyalty Program are regulated separately in Loyalty Program Rules .
V. PRICE OF GOODS AND PAYMENT TERMS
1. The price is always stated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price, or the conditions under which shipping is free. In the case of digital products, the shipping price is not taken into account.
2. The total price is stated including VAT and all fees stipulated by law.
We will request payment of the Total Price from you after the conclusion of the Contract and before the transfer of the Goods or the provision of digital content. You can pay the Total Price in the following ways, according to the current offer of payment methods in the E-shop:
a) By bank transfer.
We will send you the information necessary to make the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 7 days.
b) By online payment card via the Comgate payment gateway. More information about card payment can be found on the Comgate website:
Card payments – Comgate .
c) Online bank transfer via the Comgate payment gateway.
With this payment method, you select your bank in the payment gateway environment. You will then be redirected to online banking, where you can check and confirm the payment. Depending on the selected bank, payment can be made via online bank transfer, bank button or other supported method. More information about bank transfers can be found on the Comgate website: Bank transfers – Comgate.
4. The online payment gateway provider is:
Comgate, as
Gočárova třída 1754/48b
500 02 Hradec Králové
E-mail: podpora@comgate.cz
Tel.: +420 228 224 267
More information about the payment gateway can be found at:
Comgate payment gateway
You can contact Comgate, as if you have any questions or complaints regarding the payment process or processing.
5. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your email address. For physical Goods, the invoice may also be attached to the Goods or available in the User Account.
6. The ownership of the physical Goods is transferred to you only after you have paid the Total Price and taken delivery of the Goods. In the case of digital content, it is made available after the Total Price has been paid, unless otherwise stated for a specific product. In the case of a regular bank transfer, the Total Price is paid by crediting it to Our account; in the case of payment via a payment gateway, it is paid at the moment of successful payment.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
a) Electronic delivery via e-mail, which was specified in the Order.
2. Goods can only be delivered electronically via the e-mail address specified in the Order.
3. The delivery time of the Goods always depends on their availability and the chosen payment method. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in the E-shop is only indicative and may differ from the actual delivery time. The Goods will be sent electronically to your e-mail immediately after receipt of payment and payment via a payment gateway or by crediting the amount to your bank account.
4. After delivery of the Goods, it is your obligation to check the contents of the Goods and, in the event of any defects, to notify us immediately so that we can send the Goods in another form or in another form.
In the event that you breach your obligation to take over (electronically store) the Goods, except in cases pursuant to Article VI.4. of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not take over the Goods does not constitute a withdrawal from the Contract between Us and You. However, in such a case, We shall have the right to withdraw from the Contract due to Your material breach of the Contract. If We decide to exercise this right, the withdrawal shall be effective on the day on which We deliver this withdrawal to You.
Withdrawal from the Contract shall not affect the right to payment of the Price for Transport or the right to compensation for damage, if any.
6. If, for reasons arising from your side, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address specified in the Contract and they are due 14 days from the delivery of the e-mail.
7. The risk of damage to the Goods passes to you at the moment you take over the Goods. In the event that you do not take over the Goods, except in cases pursuant to Article VI.4 of the Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take over the Goods, but for reasons on your part did not take over. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.
If the Goods were not listed as in stock in the E-shop and an approximate availability time was indicated, we will always inform you in the event of:
a) an extraordinary failure in the production of the Goods, and we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
b) a delay in the delivery of the Goods from Our supplier, and we will always inform you of the new expected delivery time.
9. If we are unable to deliver the Goods to you within 30 days of the expiry of the delivery period of the Goods specified in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
We guarantee that at the time of transfer of risk of damage to the Goods pursuant to Article VI.7 of the Conditions, the Goods are free from defects, in particular that:
a) they have the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
b) they are suitable for the purposes that we have stated or for purposes that are usual for Goods of this type;
c) they correspond to the quality or design of the agreed sample, if the quality or design was determined according to the sample;
d) they are in the appropriate quantity and weight;
e) they meet the requirements imposed on them by legal regulations;
f) they are not encumbered by the rights of third parties;
g) if they are digital content goods, the provisions regarding the seller's liability for defects shall also apply to the provision of digital content or digital content services, even if they are provided by a third party. This shall not apply if it is obvious from the content of the purchase contract and the nature of the thing that they are provided separately.
2. Rights and obligations 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 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
In the event that the Goods have a defect, in particular if any of the conditions under Article VII.1 are not met, you may notify Us of such a defect and exercise your rights arising from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses specified in Our identification data. You may also use the sample form provided by Us for the claim, which forms Annex No. 1 to the Terms.
In exercising your right to defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent, except in cases pursuant to Article 7.4. We will handle the claim in accordance with the right to defective performance you have exercised. If you do not choose to resolve the defect, you have the rights specified in Article 7.5 even in situations where the defective performance was a material breach of the Contract.
If the defective performance constitutes a material breach of the Contract, you have the following rights:
a) to have the defect removed by delivering new, defect-free Goods or by delivering the missing part of the Goods
; b) to have the defect removed by repairing the Goods;
c) to receive a reasonable discount on the Price;
d) to withdraw from the Contract.
If you choose to resolve the matter under points a) or b) and We do not remove the defect in this way within the reasonable period specified by us, or we inform you that we will not remove the defect in this way at all, you have the rights under points c) and d), even if you did not initially request them as part of the complaint. At the same time, if you choose to have the defect removed by repairing the Goods and We find that the defect is irreparable, we will notify you of this and you may choose another method of removing the defect.
If the defective performance is a minor breach of the Contract, you have the following rights:
a) to have the defect removed by delivering new, defect-free Goods or by delivering the missing part of the Goods;
b) to have the defect removed by repairing the Goods;
c) to have a reasonable discount on the Price.
However, if we do not remove the defect in a timely manner or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to repeated occurrence of defects after repair of the Goods or if there are a large number of defects in the Goods.
In the event of a material or non-material breach, you cannot withdraw from the Contract or request delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if the condition of the Goods has changed as a result of an inspection to detect a defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in an unchanged condition was not caused by your actions or omissions;
d) if you sold, consumed or altered the Goods in normal use before the defect was discovered; however, if this only occurred partially, you are obliged to return the part of the Goods that can be returned and in such a case, you will not be refunded the part of the Prices corresponding to your benefit from using part of the Goods.
7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the expected duration of the complaint settlement. We will settle the complaint without undue delay, but no later than 30 days from its receipt. The deadline may be extended by mutual agreement. If the deadline expires in vain, you may withdraw from the Contract.
8. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to compensation for the costs reasonably incurred. You are obliged to prove these costs, e.g. with receipts or confirmations of the price of transport. In the event that the defect has been eliminated by the delivery of new Goods, you are obliged to return the original Goods to Us, but the costs of this return will be covered by Us.
9. If you are an entrepreneur, it is your obligation to report and point out the defect without undue delay after you have been able to discover it, but no later than three days after receipt of the Goods.
10. If you are a consumer, you have the right to exercise your rights from defective performance for a defect that occurs in consumer goods within 24 months of receipt of the goods.
The provisions regarding the right to defects shall not apply in the case of:
a) Goods that are sold at a lower Price, for a defect for which the lower Price was agreed;
b) wear and tear of the Goods caused by their normal use;
c) used Goods, for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
d) when this results from the nature of the Goods.
VIII. PROVISION OF DIGITAL CONTENT OF GOODS/PRODUCTS
1. How to make digital content accessible:
a) The digital content of the e-templates will be made available to you by sending you a PDF file with instructions and a link to a copy of the template editable in the Canva application, accessible after registering on www.canva.com , in the FREE or PRO version according to the requirements specified for a specific Product.
b) The digital content of an e-book, e-book or other similar Product will be made available to you in PDF, DOCX or other commonly used digital format, by sending it to your email address specified in the Order as an email attachment or via a link from which the digital content can be downloaded or opened.
c) The digital content of the online course will be made available to you by sending access data or a link allowing access to the member section or other online environment in which the course is provided, to your email address specified in the Order.
d) The digital content of the webinar or free online course will be made available to you by sending a link to your email address specified in the Order, through which the digital content can be viewed, opened or downloaded.
e) If the E-shop provides another method of making digital content available for a specific Goods/Product (e.g. via a link to a closed online group, member section or other platform), the digital content will be made available to you in this manner.
2. Time of access to digital content:
a) The E-shop may indicate a specific day for the Goods/Product when the digital content will be made available. In the case of a tact, the digital content of the Goods/Product will be made available to you on the day so announced in advance.
b) Unless otherwise specified in the previous paragraph, the time of making the digital content available depends on the chosen payment method. If you pay the Price of the Goods/Product by bank transfer to our bank account, the digital content will be made available to you within 3 business days of the Price being credited to our bank account. In the case of payment by QR code, the digital content will be made available within 24 hours after payment. In the case of payment by card online or in the case of using the so-called “instant payment”, the content will be made available to you without delay, according to the confirmation of the payment gateway provider.
c) The E-shop may state for the Goods/Product that its digital content will be made available to you gradually, in parts. In such a case, the first part (module) of the Product's digital content will be made available to you at the time specified in the previous paragraphs and the other parts (modules) will be made available to you gradually according to a previously announced schedule.
3. Duration of accessibility of digital content:
a) The E-shop may state for how long you will have access to the digital content for the Goods/Product. In such a case, the digital content of the Product will be accessible to you for the period of time so announced in advance.
b) Unless otherwise stated in the previous paragraph, you have access to the digital content forever. This does not apply to webinars or free online courses, the digital content of which you can only access on the day and time specified in the E-shop or for a specific Product.
4. Digital content updates:
a) The digital content of the Goods/Product will be made available to you in the latest version available at the time of conclusion of the Contract, which will not be updated to you.
b) If necessary for specific Goods/Products where the nature of the content requires it, however, provide you with updates that are necessary to ensure that the digital content of the Goods/Product is free from defects for the entire duration of the Contract or (for digital content made available once for an unlimited period of time) to be free from defects for a period for which you can reasonably expect it to be.
In such a case, we will notify you that an update is available, how you can perform it, and that if it is not performed, you will not have rights from a defect that arises solely as a result of the failure to perform the update. This does not apply if you acknowledge and expressly agree in the Order that we will not provide you with updates to the digital content after it has been made available.
5. Functionality of digital content, technical and software equipment
a) For full functionality, digital content requires that you have hardware and software equipment available that allows you to open and work with documents in docx, pdf and similar formats, play video and audio files, as well as an internet connection with sufficient connection speed and a functional email account maintained in a state capable of receiving messages (digital environment).
b) Editable e-templates require access to the Canva application, which is available at www.canva.com , either in the FREE or PRO version. The application is available for both web browsers and mobile platforms Android and iOS.
c) You, as the User, are responsible for connecting the digital content of the Goods/Product with your digital environment.
IX. COPYRIGHT AND CONFIDENTIALITY
1. The digital content of the Goods/Product may be protected by copyright and other intellectual property rights. DARHA sro, as the Seller, is authorized to offer the Digital Content and provide you with authorization to use it to the extent specified in these Terms and Conditions, the description of the specific Goods/Product and any special license terms.
2. Unless otherwise expressly stated for a specific Good/Product, Digital Content is provided under a standard license for personal use. You may use such Digital Content and, to the extent appropriate to its nature, modify it for your own personal or business purposes. However, you may not resell, provide to third parties, distribute, share source or editable files of the Digital Content or any substantial part thereof, or enable its further use by third parties.
3. Digital content in the form of e-templates editable in Canva can be modified for your own needs, in particular to change texts, fonts, color scheme, photos or other elements of the template, unless otherwise stated for a specific Product. However, without the appropriate license, these e-templates may not be resold, distributed, provided to third parties with an editable copy or offered as your own digital product, even after partial or complete modification.
4. For some Goods/Products, a special license may be included in their description allowing for a wider use of the Digital Content. This may include, in particular:
a) Commercial Use License
The License allows you to use the Digital Content or the outputs created with it for commercial purposes, for example when creating outputs for your own business or for customers. Unless otherwise stated for a specific Product, the Commercial License does not authorize you to resell the Digital Content itself, its source or editable file, or to grant the right to resell it.
b) RR – Resell Rights
The License allows the Digital Content to be resold to end customers to the extent specified for a specific Product. However, the Buyer is not entitled to grant its customers the right to resell the Digital Content, unless expressly provided otherwise. The ability to modify or change the designation of the Digital Content is governed by the specific Product license.
c) MRR – Master Resell Rights
License allows you to resell Digital Content and at the same time allow other buyers to resell it. The scope of the authorization to modify, change the brand, name, graphics or content of the Digital Product is always governed by the specific license terms specified for the given Product.
d) PLR – Private Label Rights
License allows Digital Content to be modified, supplemented, changed in its graphic form, name or branding to the extent specified for a specific Product and subsequently used or sold under its own brand. However, the right to provide PLR, MRR, RR or other resale rights to other persons only arises if this authorization is expressly stated for a specific Product.
5. The scope of a specific license, any restrictions, the possibility of modifications, resale, sublicense or transfer of rights to other persons is always stated in the description of the specific Goods/Product or in the separate license terms that are part of it. In the event of a difference between the general provisions of these Terms and Conditions and the specific license specified for a specific Product, the specific license for this Product shall prevail.
6. If the Digital Content contains elements, photographs, fonts, graphics, software or other content from third parties, their use is also subject to the license terms of the relevant provider. The license granted by the Seller does not grant you a broader right than that granted to the Seller by the relevant third party rights or licenses.
7. If you use Digital Content through Canva or another third-party service, you are also required to comply with the then-current license and user terms of that service.
8. Unless expressly stated otherwise for a specific Product, purchasing Digital Content does not transfer copyright or other intellectual property rights to the Buyer, but only grants the Buyer the right to use the Digital Content within the scope of the applicable license.
9. In the event of unauthorized use, distribution, pre-sale or other violation of rights to the Digital Content, we are entitled to deny you access to the Digital Content and to exercise the claims to which we are entitled under applicable law, including any claim for compensation for damages incurred.
10. You are obliged to keep confidential the access data to your User Account, member section or other environment through which the Digital Content was made available to you, and you may not provide this data to other persons without our consent.
X. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods, in accordance with the provisions of §1829 of the Civil Code.
If we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the date of delivery of the last part of the Goods, and if we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses specified in Our identification data).
You may also use the sample form provided by Us, which forms Annex No. 2 to the Terms and Conditions.
However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods, the Price of which depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period from the Contract;
b) the delivery of alcoholic beverages, which can only be delivered after thirty days and whose Price depends on fluctuations in the financial market independent of Our will;
c) Goods that have been modified according to Your wishes or for Your person;
d) Goods that are subject to rapid deterioration and Goods that have been irretrievably mixed with another after delivery;
e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
f) the delivery of a sound or video recording or computer program if the original packaging has been damaged;
g) the delivery of newspapers, periodicals or magazines;
h) delivery of digital content, unless it was delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period from the Contract and We have informed you that you do not have the right to withdraw from the Contract.
4. The withdrawal period pursuant to Article X.2 of the Terms and Conditions is deemed to have been observed if you send Us a notification during that period that you are withdrawing from the Contract.
5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before you return the Goods to Us or before you prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. On the other hand, you are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.
In the event of withdrawal due to the fact that We breach the concluded Contract, we also cover the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.
7. You are liable to Us for damages in cases where the Goods are damaged as a result of Your handling of them in a manner other than that which is necessary to handle them with regard to their nature and properties. In such a case, We will invoice You for the damage caused after the Goods are returned to Us and the due date for the invoiced amount is 14 days. If We have not yet returned the Price to You, We are entitled to offset the claim for costs against Your claim for the return of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), including before the expiry of the period specified in Article VI.9. of the Terms and Conditions. We may also withdraw from the Contract if it is obvious that you have provided intentionally incorrect information in the Order.
In the event that you purchase goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
XI. RESOLUTION OF DISPUTES WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
2. We handle consumer complaints via the email address darha.agency@gmail.com or info@darha-agency.cz. Information about the complaint will be sent to the buyer's email address.
3. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz . The online dispute resolution platform located at the following address: http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
4. 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 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).
XII. PROTECTION OF PERSONAL DATA
1. When processing your personal data, we proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR") and other relevant legal regulations.
2. All information regarding the processing of your personal data, in particular information about the purposes and legal bases of processing, the period of storage of personal data, their potential recipients and your rights in connection with the processing of personal data, can be found in a separate document, the Privacy Policy , which is available on the E-shop.
XIII. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES
1. The Buyer agrees, pursuant to the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (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 fulfills its information obligation towards the Buyer, pursuant to Article 13 of the GDPR Regulation, related to the processing of the Buyer's personal data for the purposes of sending commercial communications, through a special document, Principles of Personal Data Protection , which is available on the E-shop.
2. The seller fulfills its legal obligations related to the possible storage of cookies on the buyer's device through a special document, Personal Data Protection Policy , which is available on the E-shop.
XIV. DELIVERY
1. All electronic communications related to the Order, the Agreement and the Digital Content may be delivered to the Buyer's electronic address specified in the Order.
2. Digital content is delivered or made available to the Buyer electronically in accordance with Article VIII of these Terms and Conditions and in the manner specified for the specific Goods/Product.
3. If a specific Good/Product is also offered in its physical form or is a physical Good, it will be delivered in the manner selected by the Buyer from the options available when creating the Order. Specific shipping options, any shipping price and other delivery conditions will be stated for the given Good/Product or during the Order.
4. We are entitled to use third parties, in particular printers, manufacturers, suppliers or other contractual partners, for the production, printing, assembly, packaging, shipping or other provision of the physical form of the Goods/Product. The physical Goods may thus be sent to the Buyer directly by the Seller or the relevant contractual partner ensuring its production or shipping.
5. We may use third parties providing shipping, delivery, courier or other similar services to deliver physical Goods. The specific available delivery methods will be stated for the Goods/Product or when creating an Order.
6. If necessary for the production, dispatch or delivery of physical Goods, the Buyer's data necessary for the fulfillment of the Order, in particular the name and surname, delivery address, telephone number and email address, may be transferred to the relevant third party. The processing of personal data is governed by the Personal Data Protection Principles.
7. The Buyer is obliged to provide correct and complete contact and delivery details in the Order and ensure the possibility of receiving the shipment at the selected delivery address or delivery point.
XV. CONTACT DETAILS
1. Seller's contact details: registered office address Radechovská 1452, 294 21 Bělá pod Bezdězem, Czech Republic.
2. Email address info@darha-agency.cz or info@design-infinity.eu.
3. Contact phone number +420 608 322 221.
4. The Seller does not provide any other means of online communication.
XVI. FINAL PROVISIONS
1. If Our and Your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this agreement.
2. We will deliver all written correspondence with you by electronic mail. Our e-mail address is listed in Our Identification Data. We will deliver correspondence to your e-mail address listed in the Agreement, in your User Account or through which you contacted us.
The Contract may only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms and Conditions, but this amendment will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this amendment.
However, we will inform you about the amendment only if you have created a User Account (so that you have this information in case you order new Goods, but the amendment does not establish the right of termination, since we do not have a concluded Contract that could be terminated), or we are to deliver the Goods to you regularly and repeatedly under the Contract. We will send you information about the amendment to your e-mail address at least 14 days before the effective date of this amendment.
If we do not receive a termination notice from you for the concluded Contract for regular and repeated deliveries of Goods within 14 days of sending the information about the amendment, the new terms and conditions become part of our Contract and will apply to the next delivery of Goods following the effective date of the amendment. The notice period in the event that you submit a termination notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure situation lasts for more than 10 days, we and you have the right to withdraw from the Contract.
5. The Annex to the Terms and Conditions is a sample complaint form and a sample withdrawal form from the Contract.
6. The Agreement, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to You. However, You will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail, and You will therefore always have access to the Agreement even without Our cooperation. We recommend that You always save the Order confirmation and the Terms and Conditions.
XVII. EFFECTIVENESS OF THE TERMS AND CONDITIONS
1. These Terms and Conditions shall enter into force on August 15, 2026.
ANNEX 1 — COMPLAINT FORM
Addressee:
DARHA sro, Radechovská 1452, 294 21 Bělá pod Bezdězem
Filing a complaint
Date of conclusion of the Contract: _ __________________________
Name and surname: _ _________________________________
Address: _ ____________________________________________
E-mail address: _ __________________________________
Goods subject to complaint: _ _______________________
Description of defects in the Goods: _ _______________________________________
Proposed method for handling the complaint, or providing a bank account number for providing a discount:
I also request the issuance of a confirmation of the claim, stating when I exercised this right, what the claim is, along with my claim, including the date and method of settlement of the claim.
Date: _ _______
Signature: _ ____________