Terms and Conditions

General Terms and Conditions of the company ANIMA Design s.r.o.

 

A. General provisions

1. The company ANIMA Design s.r.o., IČO 08973440, with its registered office at Legerova 578/70, 120 00 Praha 2 - Vinohrady, Czech Republic, is a manufacturer and wholesale and retail seller of hookahs sold under the ANIMA brand, wholesale and retail seller of hookahs of other manufacturers, hookah accessories (except tobacco), etc. and wholesale and retail seller of design products (among others) under the brand VAAZA. The company ANIMA Design s.r.o. is also the operator of the e-shop www.animahookah.com.
2. Seller's contact details: ANIMA Design s.r.o., ID No. 08973440, registered office: Legerova 578/70, 120 00 Praha 2 - Vinohrady, Czech Republic, e-mail: hello@animahookah.com, telephone: +420 725 558 393. Seller's business premises: Průběžná 2125/6, České Budějovice 3, 370 04 České Budějovice, the Czech Republic.
3. These General Terms and Conditions (hereinafter referred to as "GTC") regulate the mutual rights and obligations between the parties arising from the purchase contract (hereinafter referred to as "Contract") concluded between the company ANIMA Design s.r.o., ID No. 08973440, with its registered office at Legerova 578/70, 120 00 Prague 2 - Vinohrady, the Czech Republic, as the Seller (hereinafter referred to as "Seller"), and the customer as the Buyer (hereinafter referred to as "Buyer"), the Buyer and the Seller together also referred to as the "Parties".
4. The GTC are part of each Contract concluded between the parties. The GTC shall prevail over any other or different terms and conditions of the Buyer, which are hereby rejected. All provably explicit agreements between the parties remain unchanged and take precedence over the GTC. 
5. By placing an order, the Buyer agrees to these GTC and agrees to be bound by them. The GTC are binding between the parties in accordance with Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code").
6. The current version of the GTC is available on the website www.animahookah.com. 
7. The subject matter of the contract between the parties may be
   • hookahs,
   • hookah accessories,
   • hookah parts,
   • other goods displayed by the Seller in the product catalogue or in the e-shop ("Goods").
8. If the GTC refers to a consumer, it means a consumer within the meaning of Section 419 of the Civil Code (hereinafter referred to as "Consumer").

 

B. The process of concluding the Contract

1. The goods are sold both wholesale and retail, i.e. to both businesses and consumers. If the rights of the consumer are curtailed by any provision of these GTC, it shall be deemed that either the interpretation more favourable to the consumer shall apply, or the statutory regulation shall apply, whichever is more favourable to the consumer while protecting the rights of the Seller to the greatest extent possible.
2. You can order the Goods by:
   • via the contact form on the website www.animahookah.com,
   • via the Seller's e-shop,
   • by e-mail,
   • by phone, including WhatsApp communication,
   • personally.
3. When creating an order, the Buyer fills in his/her identification, billing and contact details, including e-mail address for mutual communication and delivery address, chooses from the available delivery and payment options and enters his/her payment details in case of using a payment gateway.
4. In the case of an order for a tobacco product and/or a smoking aid, the Buyer confirms by placing the order that he/she is over 18 years of age and is aware that he/she is ordering a tobacco product and/or a smoking aid with all the consequences thereof. This is without prejudice to the Seller's right to check the age and eligibility of the Buyer.
5. The Seller does not warrant the availability or functionality of payment methods provided by third parties and the Seller shall not be liable for any loss or damage caused to the Buyer by any deficiencies or errors of payment service providers and their systems.
6. After sending the order, the Seller sends the Buyer a confirmation of the order. The Seller's acknowledgement of receipt of the order does not constitute the Seller's acceptance of the offer or the conclusion of the Contract, but only confirms that the order has been accepted by the Seller. The Seller may make the confirmation in the same way as the order was made by the Buyer.
7. The Seller's written confirmation shall contain a list of the Goods requested together with the price of the Goods, the price of delivery, the price of related services and all relevant taxes and charges within the Czech Republic. In the case of transport of the Goods abroad, the price of transport is indicative and will be specified when the Seller confirms the order. All relevant taxes and charges outside the Czech Republic are not part of the final price of the Goods and are borne solely by the Buyer.
8. The Contract is concluded if the Seller expresses his unambiguous and unconditional consent to the Buyer's order. The Seller may express his consent in the same way as the order was made by the Buyer.
9. Under the Contract, the Seller is obliged to deliver the Goods to the Buyer and the Buyer is obliged to accept the Goods and pay the Seller the agreed price, all in accordance with the Contract and these GTC.
10. The Seller reserves the right to refuse the Buyer's order without giving a reason, this does not apply in the case where the Buyer is a consumer. The Seller may also agree with a reservation by which the original order is rejected and which constitutes a new offer proposed by the Seller to the Buyer. In this case, the Contract is concluded if one of the parties indicates its agreement without reservations to the other party's offer.
11. In the context of wholesale sales, all offers from the Seller are non-binding. The Seller may change the specification of the Goods and the range of Goods at any time. 
12. The display of the Goods in the catalogue does not constitute an offer by the Seller.
13. In the event that the offered Goods are no longer produced, delivered or their price is significantly changed, the Seller undertakes to inform the Buyer immediately of such fact by e-mail or telephone. The parties will agree on the further procedure (replacement of the ordered Goods with other Goods, cancellation of the order, etc.).
14. Only persons who have the legal capacity to do so may trade and conclude the Contract by means of distance communication. For this reason, the Seller requires the Buyer to provide information on the date of birth so that the Buyer's age eligibility to purchase tobacco products and smoking materials can be verified upon delivery of the Goods.
15. The Seller reserves the right to withdraw from the concluded Contract in the event that the Buyer ordered goods under this Contract, the price of which was clearly disproportionate to the value of the goods. The Seller may only withdraw from the Contract in this way if the manifestly unreasonable price indicated on the e-commerce website was caused unknowingly.

 

C. Price Goods 

1. The goods are intended for both end customers and wholesale. The prices are thus quoted exclusive of VAT and inclusive of VAT. The price is then invoiced by the Seller to the Buyer with/without VAT according to the conditions of the specific Buyer depending on the conditions of sale to the Buyer's country and according to the type of customer (VAT payer/non-payer, consumer/entrepreneur, etc.).
2. The price does not include delivery costs (especially postage and packing). Prices refer to the Goods illustrated and described. 
3. The price of the Goods is indicated on the e-shop and in the price list, which the Seller will provide to the Buyer on request.
4. In the context of wholesale sales, it is possible to provide the Buyer with a discount on the price of the Goods, according to the conditions specified in the price list, which the Buyer receives at the beginning of the cooperation between the parties. There is no entitlement to a discount.

 

D. Packaging, handling and payment

1. The Goods ordered will be delivered in appropriate packaging to avoid the risk of damage to the Goods during transportation to their destination. 
2. Unless the packaging is expressly agreed, the Seller shall select the packaging. The Seller shall be entitled to invoice the Buyer for the cost of non-standard packaging of the Goods at the Buyer's request and the Buyer shall be obliged to pay the cost.
3. Goods are delivered by carrier based on the agreement of the Seller with the Buyer or to a place chosen by the Buyer.
4. Goods will not be shipped until the purchase price has been paid by the Buyer.
5. Payment is possible:
   • cash in case of personal pick-up, 
   • by bank transfer from the Buyer's account to the Seller's account.
6. The Buyer is obliged to pay all fees associated with his chosen payment method.
7. The prices of the Goods listed in the e-shop catalogue do not include the price of delivery, prices of related services and the corresponding taxes and fees. In the case of an order through the e-shop, the Buyer is informed of the final total price, which includes the price of delivery, the price of other services and all taxes and fees within the Czech Republic at the latest upon confirmation of the acceptance of the order by the Seller. In the case of shipping the Goods abroad, the price of shipping may be approximate and will be specified upon confirmation of the order by the Seller (via email).
8. When creating an order, the buyer chooses from the available delivery method and payment options. In the case of an order via the e-shop, the corresponding price is set next to each available delivery option; in the case of delivery abroad, the adjustment referred to in paragraph 7 of this Article shall apply. The buyer is obliged to pay the price of the chosen delivery option.
9. If the Buyer without prior agreement with the Seller, does not pay the purchase price within 7 calendar days of the order confirmation, except for payment upon personal collection, the Seller has the right to cancel the order (which will result in the withdrawal from the Contract). The Buyer will be notified of this fact by the Seller.
10. After dispatch of the Goods, the Seller will send the Buyer an e-mail with an invoice in electronic form. No paper invoice will be issued unless the parties agree otherwise in writing, which the Buyer agrees to.
11. The Seller is obliged to ship the Goods to the Buyer within the time period agreed in the Contract. In the event that there is a delay in the shipment of the Goods to the Buyer compared to the deadline specified in the Contract, the Buyer will be informed of the reasons for the delay (Goods out of stock, force majeure, etc.), including the alternative deadline for shipment of the Goods. In the event that the delay in dispatching the Goods exceeds 30 calendar days (compared to the deadline set out in the Contract), the Buyer shall be entitled to withdraw from the Contract until the Goods are dispatched by the Seller to the Buyer.
12. The carriage and delivery of the Goods shall be subject to the general terms and conditions of the carrier.
13. The Buyer is obliged to accept the Goods. In the event that the Buyer breaches this obligation, the Buyer is obliged to pay the Seller for the damage incurred, which consists mainly in the cost of returning the Goods and the cost of re-delivery. The Seller may set off this claim against the Buyer's payment for the Goods.
14. The Buyer acquires ownership of the Goods at the moment of receipt of the Goods.
15. The Seller shall not be liable if the customs authorities of the country of delivery do not allow the importation of the Goods delivered. In the event that the Goods cannot be delivered to the country of destination, the Contract shall be cancelled and all costs associated with the unsuccessful delivery and return of the Goods to the Seller shall be borne by the Buyer. The Seller may set off the costs against the Buyer's payment for the Goods.
16. Any duties applied by the country into which the Goods are imported shall be borne by the Buyer and shall not form part of the purchase price.

 

E. Rights arising from defective performance and quality guarantee

1. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the Goods:
   • the Goods have the characteristics agreed between the parties and, in the absence of such agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the Goods and on the basis of the advertising carried out by them,
   • the Goods are suitable for the purpose stated by the Seller for their use or for which Goods of that kind are usually used,
   • The Goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
   • the Goods are in the appropriate quantity, measure or weight; and
   • The Goods comply with the requirements of the legislation.
2. The Buyer, who is not a consumer, may file a claim due to defective Goods within 14 days of receipt of the Goods, which he is aware of and agrees to. Claims arising from liability for defects shall be extinguished if they are filed late. 
3. If a defect appears within twelve months of the  (only!) consumer's receipt of the Goods, the Goods shall be deemed to have been defective upon receipt. The consumer shall be entitled to exercise the right to claim the defect which appears in the consumer Goods within twenty-four months of receipt. This provision shall not apply to Goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand Goods corresponding to the level of use or wear and tear which the Goods had when taken over by the consumer, or if this results from the nature of the Goods.
4. In the event of a defect, the Buyer may submit a claim to the Seller and demand:
   • a) repair of the Goods or replacement for new Goods; if the chosen method of removing the defect would be impossible or unreasonably expensive compared to the other, the Seller may choose another way or another method of settling the claim; or
   • b) a reasonable discount on the purchase price if:
     • (i) the Seller has refused to remedy the defect in accordance with paragraph a) or 
     • (ii) the defect appears repeatedly; or 
     • (iii) the defect is a material breach of the Contract; or 
     • (iv) it is apparent from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial difficulty to the Buyer; or 
   • c) withdraw from the Contract, subject to the conditions set out in paragraph 5 of this article of the GTC.
5. The Buyer has the right to withdraw from the Contract,
   • if the Goods have a material defect,
   • if the Goods cannot be used properly due to the recurrence of the defect after repair (i.e. if the defect has occurred for the third time, after at least two previous repairs based on an accepted claim).
6. The Seller is obliged to accept the complaint at any Seller’s business premises where the complaint can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim, what method of claim settlement the Buyer requires and the Buyer's contact details for the purpose of providing information on the claim settlement, as well as confirmation of the date and method of claim settlement, including confirmation of the repair and its duration, or written justification of the claim rejection.
7. The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, including informing the Buyer  how the complaint was solved, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of Contract and the consumer shall have the right to withdraw from the Contract. The moment of the claim is considered to be the moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller.
8. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the Goods that they were defective or if the Buyer caused the defect.
9. The Buyer has the choice of the method of claim.
10. The rights and obligations of the parties with regard to rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and, if the Buyer is a consumer, also by Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
11. In all other matters, the rights and obligations of the parties arising from defective performance shall be governed by the relevant provisions of the Civil Code.
12. If the claim is settled by replacement of the Goods, the warranty period is not renewed. The original warranty period remains in force from the date on which the Buyer received the original Goods (product).
13. The Buyer first sends the claim electronically to the Seller's email address, with a description of the defect (including related photographs and other documents from which the defect is recognizable) In the event that the claim is accepted, the Seller shall reimburse the Buyer for the costs reasonably incurred in connection with the submission of the claim, in particular for carriage and postal charges in the event that the claim consists in the replacement of the goods. The carriage of the Goods (in the case of replacement) to the Seller shall be by economic or reasonable means or in consultation with the Seller or selected by the Seller. Otherwise, the Seller shall pay the Buyer carriage and postage charges only up to the amount corresponding to the cheapest method of shipping the Goods to the Seller.
14. The warranty shall not apply to parts of the Goods which, in the opinion of the Seller, have been subjected to normal wear and tear, abuse, alteration or attempted repair, neglect, misuse or accident. The warranty also does not cover parts subject to wear and tear such as rubber seals and other consumable parts.
15. The Seller is not liable for defects in the Goods caused by the Buyer. Nor shall wear and tear of the Goods caused by normal use or use of the Goods in a manner contrary to the instructions for use of the Goods, the instructions contained in the maintenance and cleaning manual and other documents contained in the packaging of the Goods or communicated to the Buyer constitute a defect in the Goods.
16. All warranties apply only to the Buyer. The Buyer does not assign such warranties or make warranties on behalf of the Seller to third parties. However, Buyer may provide warranties to its customers itself and on his own responsibility.
17. The Seller shall not be liable for any damage to the property or health of the Buyer or third parties caused by improper handling or treatment not in accordance with the instructions for use of the Goods, the instructions contained in the maintenance and cleaning manual and other documents contained in the packaging of the Goods or communicated to the Buyer.
18. The Seller is not liable for health consequences resulting from the use of addictive substances or smoking accessories.

 

F. Consumer's right to withdraw from contracts concluded by a distance method

1. The consumer has the right to withdraw from the Contract.
2. The withdrawal period is 14 days
   • from the date of receipt of the Goods,
   • from the date of acceptance of the last delivery of the Goods, if the subject of the Contract is several types of goods or delivery of several parts
   • from the date of receipt of the first delivery of the Goods, if the subject of the Contract is a regular repeated delivery of the Goods.
3. The consumer cannot, inter alia, withdraw from the Contract: 
   • on the provision of services if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the Seller has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the Contract,
   • on the delivery of goods or services, the price of which depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period,
   • for the delivery of alcoholic beverages that can be delivered only after the expiration of thirty days and whose price depends on financial market fluctuations independent of the Seller's will,
   • the delivery of goods that have been customized to the consumer's wishes or for the consumer personally,
   • the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
   • the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons,
   • the supply of an audio or visual recording or computer program if the consumer has damaged the original packaging,
   • delivery of newspapers, periodicals or magazines,
   • the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the seller has informed the consumer before the conclusion of the Contract that in such a case he has no right to withdraw from the Contract,
   • in other cases specified in Section 1837 of the Civil Code.
4. In order to meet the withdrawal deadline, the consumer must send a withdrawal statement within the withdrawal period.
5. To withdraw from the Contract, the consumer may use the sample withdrawal form provided by the Seller or may withdraw from the Contract by any unambiguous statement made to the Seller. The consumer shall send the withdrawal to the email or delivery address of the Seller specified in these GTC. The Seller shall promptly acknowledge receipt of the form to the Consumer.
6. The Consumer who has withdrawn from the Contract is obliged to return the Goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route. 
7. If the consumer withdraws from the Contract, the Seller shall return to him immediately after delivery of the returned Goods to the Seller, but no later than 14 days after withdrawal from the contract and delivery of the returned Goods to the Seller, all funds, including delivery costs, received from him in the same manner. The Seller shall only return the funds received to the Consumer by other means if the Consumer agrees to this and if no additional costs are incurred.
8. If the Consumer has chosen a delivery method other than the cheapest method of delivery of the Goods offered by the Seller, the Seller shall refund the Consumer the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery of the Goods offered.
9. If the consumer withdraws from the Contract, the Seller is not obliged to return the received funds to the Buyer before the consumer returns the Goods.
10. The consumer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. If the Consumer has handled the Goods in a manner other than that necessary to acquaint him/her with the nature, characteristics and functionality of the Goods, he/she shall be liable to the Seller for any diminution in the value of the Goods. The Seller is entitled to unilaterally set off the claim for compensation for damage to the Goods against the Consumer's claim for a refund of the purchase price.
11. The Seller shall be entitled to withdraw from the Contract due to out of stock, unavailability of the Goods or when the manufacturer of the components of the Goods, the importer of the components of the Goods or the supplier of the components of the Goods has discontinued the production or import of the Goods. The Seller shall promptly inform the Buyer via the email address specified in the Order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Contract in the same manner or in the manner specified by the Buyer, as the case may be.
12. In the event that there is an obvious technical error on the part of the Seller when indicating the price of the Goods in the e-shop, or during the ordering process, the Seller is not obliged to deliver the Goods to the Buyer for this obviously erroneous price even if the Buyer was sent an automatic confirmation of receipt of the order under these GTC. In such a case, the Seller shall inform the Buyer of the apparent technical error immediately upon discovery thereof and shall send the Buyer an amended  offer of the Goods without such error. If the Buyer refuses to accept the amended offer of these GTC, the Seller reserves the right to refuse the original order or to withdraw from the already concluded Contract, inform the Buyer thereof and correct the price of the Goods without delay.

G. Higher Power

1. In the event of circumstances that could not be foreseen at the time the parties entered into the Contract and which prevent the performance of contractual obligations by the Seller, the Seller has the right to postpone the performance of these obligations until the restoration of normal business conditions.
2. Force majeure events are only events that the Seller could not have prevented or averted, such as war, revolution, strikes, natural disasters, pandemics, acts of governmental authorities, delays in transportation or customs formalities, and shortages or loss of energy and materials not caused by the Seller. 

 

H. Restricting the availability of tobacco products and smoking aids to persons under 18

1. In order to restrict the availability of tobacco products to persons under the age of 18 within the meaning of Act No.65/2017 Coll., on the Protection of Health against the Harmful Effects of Addictive Substances, as amended, the following rules are established.
2. Upon delivery of Goods that are tobacco products and/or smoking aids, the Buyer's age eligibility to purchase tobacco products and smoking aids must be verified by law.
3. The Buyer is obliged to include the date of birth of the recipient of the shipment in the order containing tobacco products or smoking aids. The addressee must be over 18 years of age! The shipment will be hand-delivered and the date of birth will be verified by the carrier's employee on the basis of the presented ID card or other document. For orders placed by legal entities, no information is required to verify age.
4. When delivering the Goods by personal collection, the Buyer undertakes to prove to the Seller upon request that he is a person over 18 years of age.
5. In the event that the Goods, which are tobacco products and/or smoking aids, are ordered or should be taken by a person under 18 years of age, the Contract shall be deemed cancelled and the Goods shall be returned to the Seller at the Buyer's expense or the order shall be cancelled by the Seller without further notice.

 

I. Final provisions

1. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by electronic mail, in person or by registered mail through a postal service provider or by data mailbox. 
2. The message is delivered:
   • in the case of delivery by electronic mail, in the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
   • in the case of delivery in person or through a postal service operator, by the recipient taking delivery of the parcel,
   • in the case of delivery in person or through a postal service operator, also by refusing to accept the consignment if the addressee (or a person authorised to accept the consignment on his/her behalf) refuses to accept the consignment.
3. If the Buyer is a consumer, he/she has the right to alternative dispute resolution. The subject of alternative dispute resolution for consumer disputes is the Czech Trade Inspection Authority (www.coi.cz), Štěpánská 796/44, 110 00 Prague 1. 
4. If the relationship related to the use of the website or the legal relationship based on Contract includes an international (foreign) element, then the parties agree that the relationship is governed by the Czech law.
5. Each of the parties entering into a Contract governed by these GTC agrees that the courts of the Czech Republic shall have exclusive jurisdiction to hear and determine any action or proceeding and/or settle any dispute that may arise in connection with the Contract or its formation or validity, and for such purposes each party irrevocably submits to the jurisdiction of the courts of the Czech Republic.
6. If any provision of the GTC 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.
7. The Contract including the GTC is archived by the Seller in electronic form and is not accessible.
8. In the event of subsequent changes to the GTC, only the version to which the Buyer agreed when sending the order is binding for the parties.
9. These GTC are valid from March 1, 2024.