1. Introductory provisions

1.1. These General Terms and Conditions govern the rights and obligations of ITEMAP s.r.o. company, (hereinafter referred to as the “Seller” or “Wake House”) and the Customer arising from the Purchase Agreement or the Service Agreement concluded between the Seller and the Customer when selling the Goods or providing the Services offered by the Seller on the website https://shop.wake.house/ (hereinafter referred to as the "Seller's Website"). These General Terms and Conditions are an integral part of each Purchase Agreement and Service Agreement.

1.2. Legal relations between the Seller and the Customer are governed by these General Terms and Conditions and the provisions of the relevant generally binding legal regulations, mainly the Commercial Code, the Civil Code, Act No. 102/2014 Coll. on Consumer Protection when selling goods or providing services on the basis of a distance contract or a contract concluded outside the Seller's premises Act No. 250/2007 Coll. on Consumer Protection and Act No. 22/2004 Coll. on Electronic Commerce.

1.3. Legal relations that have arisen between the Seller and the Entrepreneur and are not expressly regulated by the contract between the Seller and the Customer or by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations. Should there be a difference between the General Terms and Conditions and the individual contract, the text of the contract shall always take precedence.

2. Basic terminology 

2.1. The Customer is any person who enters into a Purchase Agreement or a Service Agreement with the Seller. The Customer may be the Consumer or the Entrepreneur. The Consumer is a natural person who does not act on behalf of their business, trade or occupation when concluding and implementing the consumer contract. 

2.2. The Consumer Agreement is the Purchase Agreement or the Service Agreement, which is concluded between the Seller and the Consumer (hereinafter referred to as the “Consumer Agreement”). 

2.3. The Entrepreneur is a person registered in the Commercial Register, a self-employed person who conducts business on the basis of a non-commercial license under special regulations, or a natural person who carries out agricultural production and is registered under a special regulation. Should a Customer state their identification number (IČO) in the Binding Order, they thus acknowledge that the rules stated in the GTC for Entrepreneurs apply to them.

2.4. The Purchase Agreement is a contract concluded between the Seller and the Customer, the subject of which is the purchase of Goods offered by the Seller on their Website, concluded in the manner specified in Article 3 of the General Terms and Conditions. By concluding the Purchase Agreement, the Seller undertakes to deliver the Subject of the Order into the ownership of the Customer, while the Customer undertakes to pay the Purchase Price to the Seller and take over the Subject of the Order from the Seller.

2.5. The Service Agreement is an agreement concluded between the Customer and the Seller, the subject of which is the provision of Services offered by the Seller on the Seller's Website, concluded in the manner specified in Article 3 of these General Terms and Conditions.

2.6. The term Goods refers to goods offered for sale by the Seller on the Seller's Website (hereinafter referred to as "Goods"). According to these General Terms and Conditions, the Services offered by the Seller on their Website are considered to be Services. 

3. Order

3.1. The proposal for the conclusion of the contract means the placement of the offered Goods or Services on the Seller's Website. The Customer browses and orders the Goods or Services offered by the Seller on the Seller's Website.

3.2. Should the Customer wish to order the Goods or the Service on the Seller's website, they are obliged to fill in the electronic order form displayed on the Seller's website (hereinafter referred to as the “Binding Order”) in the manner specified in these General Terms and Conditions. 

3.3. Once the Customer has completed all the required data specified in the order form, the Customer may still review or change the Binding Order and the entered data using the “Back” button, which will return them to the previous steps. The Customer then ticks the appropriate box, thus agreeing to these General Terms and Conditions and confirms the Binding Order with the finishing of the CHECKOUT section. 

3.4. The Order shall be regarded as dispatched if it contains all the required data, i.e. Customer's identification data, Customer's e-mail and telephone contact, or the billing address with all the required data in the Binding Order, the name of the Goods or Services and the ordered quantity and if it is delivered to the Seller. The Customer is bound by the Submitted Binding Order.

3.5. The contract between the Customer and the Seller arises from the sending of a Binding Order by the Customer and the receipt of the order by the Seller.

3.6. The Seller shall immediately confirm the receipt of the order by an e-mail (hereinafter referred to as the "Confirmatory Email") to the Customer's e-mail address. The concluded contract cannot be changed unilaterally (it can only be changed by agreement of both parties).

4. Purchase price and Payment Terms

4.1. The purchase price means the price indicated on the Seller's Website at the time of sending the Customer's Binding Order to the Seller. The Seller is not a VAT payer. The purchase price indicated on the Seller's Website is final.

4.2. The Customer is obliged to pay the Purchase Price for the ordered Service or Goods duly and in a timely manner on the basis of the Binding Order. The customer can choose one of the payment methods offered by the integrated STRIPE service.

4.3. The Seller shall issue and send an invoice for the purchase price to the Customer by e-mail or post, which also serves as a delivery note.

5. Delivery terms 

5.1. If the subject of the order is the Service, it will be provided to the Customer on the date agreed with the Seller.

5.2. If the subject of the order includes electronic products (e.g. e-book), they will be delivered to the Customer by means of electronic mail. The delivery time of this type of goods is 48 hours after crediting the full amount of the Purchase Price for the ordered Goods to the Seller's bank account. 

5.4. In case the ordered Goods cannot be delivered for any reason or the Services cannot be provided within the specified period, the Seller will immediately inform the Customer of this fact and provide them with information on the alternative delivery date of the Goods, or provision of Services.

5.5. If, for any reason, the Seller is unable to deliver the ordered Goods or Service and does not agree with the Customer on a substitute provision, the Seller may cancel the given Order. This being the case, the Seller will be obliged to return the already paid Purchase Price to the Customer within 14 days from the expiry of the deadline for delivery of the Goods or provision of the Services.

6. Complaint procedure 

6.1. In the case of Consumer Contracts, the Seller provides a warranty for the Goods. Unless otherwise stated in the offer on the Seller's website https://shop.wake.house/, the warranty period shall be 24 months, starting from the date of receipt of the Goods by the Consumer.

6.2. If the Goods ordered and paid for by the Customer are not delivered within the period specified in clauses 5.1., 5.2. of these General Terms and Conditions, the Seller shall be obliged to send the Goods to the Customer at the Customer's request, which shall be delivered to the Seller by e-mail, no later than on the next following business day.

6.3. Should a defect that can be eliminated occur during the warranty period, the Consumer has the right to rectify it free of charge and in good time. The Seller is obliged to remove it without undue delay. The Customer may require changing the item instead of eliminating the defects, or, if the defect concerns only part of the item, replacement of the component can be required, unless this results in unreasonable costs to the Supplier considering the price of the goods or severity of the defect. The Seller may replace the defective item with a faultless one instead of removing the defects, only if it does not cause severe difficulties to the Buyer. 

6.4. In case of a defect due to which the Goods could not be used properly, or a defect that cannot be eliminated, the Consumer has the right to exchange the item or withdraw from the Contract. The same conditions apply also in the case of removable defects, after the removal of which it will not be possible to use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In case of other irremovable defects, the Customer shall be entitled to a reasonable discount from the price of the item. The defect must be claimed within six months from the discovery of the defect, at the latest by the expiry of the specified warranty period.

6.5. The complaint is made by the Consumer who sends a written notice of defects to the Seller's e-mail address: shop@wake.house. This notification must contain a description of the defect, a description of how the defect manifests itself and the chosen method of handling that complaint. In case of a complaint, the Consumer is also obliged to send the Seller the purchased Goods showing defects. In case of electronic goods, it must be delivered to the following address:  shop@wake.house. In addition, the Consumer is obliged to attach a copy of the invoice issued by the Seller to claim the Purchase Price of the Goods. The complaint is claimed and the complaint procedure begins with the delivery of an e-mail message to the Seller. The message has to contain a notification of defects on the Goods with the content and attachment according to this section of these General Terms and Conditions.

6.6. The Consumer receives a confirmation of the complaint, which the Seller issues and delivers to him in the form of an e-mail message, in which the Consumer is obliged to identify defects in the Goods accurately and in accordance with the provisions of § 18 art. 4 of the Consumer Protection Act and to inform the Consumer about their rights arising from Art. § 622 and par. § 623 of the Civil Code. On the basis of the Consumer's decision considering which of these Consumer's rights are going to be exercised, the Consumer is obliged to determine the method of handling the complaint. The Consumer has to do so immediately, in difficult cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the complaint.

6.7. Once the way to settle the complaint has been determined, the matter is settled immediately, in justified cases, it can also be settled later; in any case, it shall not take longer than 30 days from the date of making the complaint. Upon expiry of the claim settlement period, the Consumer has the right to withdraw from the contract or has the right to exchange Goods for new Goods.

6.8. The Seller's obligation is to handle the complaint and complete the complaint procedure in one of the following ways:

- justified rejection of the complaint of the Goods, 

- return of the purchase price of the Goods,

- removal of the defect or repair of the Goods,

- replacement of the Goods

- delivery of the same type of Goods without any defects,

- delivery of the missing part of the Goods,

- payment of a reasonable discount on the purchase price of the Goods,

6.9. The complaint may be handled positively, if it is proved that the Goods are defective (for this purpose the Consumer shall return or deliver the defective Goods to the Seller), or if the defect occurred during the warranty period (in order to prove this fact, the Consumer shall submit a proof of purchase of the Goods). In case that none of these conditions have been proven, the complaint of the Goods will not be recognized as justified.

6.10. The Seller is obliged to issue a written document to the Consumer no later than 30 days from the date of filing the complaint by means of an e-mail. The Customer may send their complaints electronically to the e-mail address shop@wake.house.

7. Withdrawal from the contract and return of the goods

7.1. The Consumer is not entitled to withdraw from the contract in the event of proper delivery of Goods or Services. 

7.2. In case there is an intention to commence the provision of Services before the expiry of the withdrawal period on the basis of the Service Agreement, or if the Consumer grants consent to commence the provision of the Service before the expiry of the withdrawal period, the Consumer loses the right to withdraw from the Agreement after full provision of the Service.

7.3. The Consumer may not withdraw from a contract which has the following as its object: 

- the sale of Goods or the provision of Services, where their price is dependent on the movement of prices on the financial market which the Seller cannot affect and which may occur during the withdrawal period,

- the sale of Goods which are manufactured according to the specific Consumer's requirements

- the sale of Goods intended specifically for a single Consumer,

- the sale of Goods susceptible to rapid impairment of quality or deterioration,

- the sale of video, audio or audio-visual recordings, books or computer software sold in protective packaging, provided that the consumer has unpacked that packaging,

- the provision of electronic content, with the exception of electronic content provided on a tangible medium, where its provision has begun with the express consent of the Consumer and the Consumer has declared that they have been duly informed that by giving such consent they lose their right of withdrawal,

- the supply of a service which provision has been expressly agreed by the Consumer who has declared that they have been duly informed that, by giving this consent, they lose their right to withdraw from the contract after the full supply of the service and if the full supply of the service has taken place.

7.4. In the event that the Consumer violates the conditions for withdrawal from the contract or proper return of the Goods, pursuant to the applicable law when the Seller is entitled to claim compensation from the Consumer for the damage caused to the Seller.

8. Alternative Dispute Resolutions

8.1. In the event that the Consumer is not satisfied with the outcome of the complaint or suspects that their rights have been violated by the Seller, the Consumer may request redress. They will do so by means of an e-mail sent to the following e-mail address: shop@wake.house.

8.2. In the event that the Seller fails to respond to the Consumer's request for redress within 30 days following its receipt, or if the Seller responds to it in a negative manner, the Consumer may submit a proposal to initiate alternative dispute resolution of an Alternative Dispute Resolution Subject (hereinafter referred to as the ADR Subject) pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes (hereinafter referred to as the “Act on Alternative Dispute Resolution for Consumer Disputes”); the entities are bodies and authorized legal entities pursuant to the provisions of § 3 of the Act on Alternative Dispute Resolution for Consumer Disputes.

8.3. The Consumer may submit a proposal to initiate alternative dispute resolution in the manner determined in accordance with the provisions of § 12 of the Act on Alternative Dispute Resolution for Consumer Disputes. The consumer may file a complaint through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.

8.4. ADR (Alternative Dispute Resolution) applies only to contracts concluded at a distance and only to a dispute between the Consumer and the Seller, arising from the Consumer Contract or related to the Consumer Contract. It shall not apply to disputes where the value of the dispute does not exceed EUR 20. An ADR entity may require the Consumer to pay a fee for initiating ADR, up to the maximum of 5 EUR including VAT.

9. Copyrights

9.1. The Customer is fully aware that the designs are works in accordance with the relevant provisions of the Copyright Act no. 185/2015 (hereinafter referred to as the “Copyright Act”). As the printed graphic is protected by the Copyright Act, the Customer may not sell, rent, lend, copy, share or otherwise distribute the designs in any way.

9.2. The Customer cannot modify, circumvent, disable or remove the Wake House logo from the purchased goods. The Customer cannot perform any acts that direct or would lead to violation of the above-mentioned obligations of the Customer and undertakes not to assist, encourage or in any way authorize a third party to do so.

9.3. The Customer shall be fully liable for damage caused by the breach of its obligations under point 9.2. of these GTC. 

10. Final provisions

10.1. The General Terms and Conditions are binding from the date of their publication on the Seller's website. The General Terms and Conditions are valid to the extent and wording in which they are listed on the Seller's website on the day of sending the Binding Order by the Customer. By sending a Binding Order, the Customer confirms to the Seller that they accept the Purchase Price.

10.2. The Seller has the right to amend these General Terms and Conditions at any time. The Seller is obliged to notify these amendments in writing and this obligation is fulfilled by publishing it on the website https://shop.wake.house/. These General Terms and Conditions come into force and effect by posting at https://shop.wake.house/.

10.3. In accordance with Act No. 18/2018 Coll. on Personal Data Protection, the Customer grants the Seller their consent to their personal data processing by sending a Binding Order. These rights are specified in the Binding Order in the Seller's information system for the purpose of fulfilling the Purchase Agreement or the Service Agreement concluded under these General Terms and Conditions and for the purpose of offering Seller's Goods and Services, as well as sending information about the Seller's activities, including by electronic means, in particular by e-mail.

10.4. The Seller does not require any information of a personal nature from the Sender (birth number, ID card number, age, nationality, gender, marital status, income of the Customer), which could be misused in any way by a third party. 

10.5. The Customer grants the Seller consent to the processing of the following personal data: name, surname (business name), postal code and name of the municipality (city), street, house number, business ID and VAT number (VAT ID), e-mail address and telephone number. 

10.6. Consent to the personal data processing is given by the Customer on a voluntary basis. The Customer declares that the personal data provided in the Binding Order are true. The registered Customer may change their personal data directly online on the Seller's website before confirming the entered data in the Binding Order or sending an e-mail to the Seller. The Seller does not further disclose any of the received data to third parties.

10.7. Consent to the personal data processing is granted by the Customer for the period until its revocation. It may withdraw its consent at any time by sending a written notice to the Seller's postal address. 

10.8. Unless a provision of the GTC stipulates otherwise in a special case, the Seller is bound by their offer of Goods and Services, including the price, from the conclusion of the Contract until the time of delivery of the Subject of the Order to the Customer. The Customer is bound by the sent Binding Order up to the period specified for the delivery of the Goods.

10.9. When confirming the data in the Binding Order or by registration, the Customer has the option to choose regular delivery of information about the Seller's promotions, offers and services and other news on the Seller's website https://shop.wake.house/. The Customer may cancel the sending of these e-mails at any time by clicking on the link "Cancel newsletter" in the e-mail message of the newsletter. 

10.10. If the Customer has any questions for the Seller about an offer of the Goods or Services, they may contact the Seller at any time.