Terms and Conditions
TERMS AND CONDITIONS
These general terms and conditions (“Terms”) of Tallguys s.r.o., registered office at Sivice 172, 664 07, Sivice, Company ID (IČO) 142 06 421, registered in the Commercial Register under File No. C 127145 kept by the Regional Court in Brno, e-mail info@tallguys.cz, phone number +420 739 388 725, place of business Třída Tomáše Bati 640, Zlín, 760 01 (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you as buyers and us as sellers arising in connection with, or on the basis of, a purchase contract (the “Contract”) concluded via the e-shop on the website www.tallguys.cz.
All information on the processing of your personal data is contained in the Personal Data Processing Policy, available here https://www.tallguys.cz/podminky-ochrany-osobnich-udaju/ .
These Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally change or amend the Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the Terms.
As you know, we primarily communicate remotely. Therefore, for our Contract it also applies that means of distance communication are used, enabling us to reach agreement without our simultaneous physical presence, and the Contract is concluded in the e-shop environment via the website interface (the “e-shop web interface”).
If any part of the Terms conflicts with what we jointly approved during your purchase process in our e-shop, that specific agreement shall prevail over the Terms.
I.
DEFINITIONS
- Price means the monetary amount you will pay for the Goods;
- Delivery Price means the monetary amount you will pay for delivery of the Goods, including packaging;
- Total Price means the sum of the Price and the Delivery Price;
- VAT means value added tax under applicable law;
- Invoice means the tax document issued in accordance with the VAT Act for the Total Price;
- Order means your binding proposal to conclude a Contract for the purchase of the Goods with us;
- User Account means an account created based on the data you provide, allowing storage of entered data and storage of the history of ordered Goods and concluded Contracts;
- You means the person purchasing in our e-shop, legally referred to as the buyer;
- Goods means everything you can purchase in the e-shop.
II.
GENERAL INFORMATION AND PROVISIONS
- Purchasing the Goods is only possible via the e-shop web interface.
When purchasing the Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful. - We also provide access on our e-shop to reviews of the Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders; therefore, in our internal system, we can see the linked order ID for each review and are thus able to verify and demonstrate that a review comes from a real consumer.
III.
CONCLUSION OF THE CONTRACT
- The Contract with us can only be concluded in the Czech language.
- The Contract is concluded remotely via the e-shop, and you bear the costs of distance communication. However, these costs do not differ from the basic rate you pay for using such means (in particular internet access). You should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree that we use distance communication means.
- In order for us to conclude the Contract, you must create an Order in the e-shop. The Order must contain the following:
- Information about the Goods being purchased (in the e-shop, you select the Goods you wish to purchase by clicking “Add to cart”);
- Information about the Price, Delivery Price, the method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order in the e-shop user interface, and the Price, Delivery Price and Total Price will be displayed automatically based on the Goods you select, the delivery method and the payment method;
- Your identification and contact details necessary for delivery of the Goods, in particular your first name, last name, delivery address, phone number and e-mail address.
- During the creation of the Order, you may change and check the data until the Order is completed. After checking, you complete the Order by clicking “Submit order”. Before clicking, you are obliged to familiarize yourself with the Terms. After clicking “Submit order”, all completed information will be sent directly to us.
- We will confirm your Order as soon as possible after we receive it by sending a message to the e-mail address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms effective on the date of the Order (i.e., the version attached to the confirmation e-mail) form an integral part of the Contract. By confirming the Order, the Contract between us and you is concluded.
- There may be cases where we are unable to confirm your Order, in particular if the Goods are unavailable or if you order more units than allowed. We will always provide the maximum quantity information in advance within the e-shop. If any reason arises why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such 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, we are not obliged to deliver the Goods at that Price even if you received an Order confirmation and the Contract was concluded. In such case, we will contact you without undue delay and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded when you confirm our offer. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price offered by other sellers or a digit is missing or added.
- Once the Contract is concluded, you are obliged to pay the Total Price.
- If you have a User Account, you may place an Order via the User Account. Even in such case, you are obliged to verify the accuracy, truthfulness and completeness of the pre-filled data. The ordering process is the same as for a buyer without a User Account; the advantage is that you do not need to repeatedly fill in your identification details.
- In some cases, we allow you to use a discount when purchasing the Goods. To receive the discount, you must enter the discount details in the designated field in the Order proposal. If you do so, the Goods will be provided to you with the discount.
IV.
USER ACCOUNT
- Based on your registration in the e-shop, you can access your User Account.
- When registering a User Account, you are obliged to provide correct and truthful data and to update it in case of changes.
- Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not provide them to any third party. In case of misuse, we bear no liability.
- The User Account is personal, and you are not authorized to allow third parties to use it.
- We may cancel your User Account, in particular if you do not use it for more than 3 years, or if you breach your obligations under the Contract.
- The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.
V.
PRICING AND PAYMENT TERMS, RETENTION OF TITLE
- The Price is always stated in the e-shop, in the Order proposal and, of course, in the Contract. In case of discrepancies 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 shall apply; this will always match the price in the Contract. The Order proposal also states the Delivery Price, or the conditions under which delivery is free of charge.
- The Total Price is stated including VAT, including all fees required by law.
- We will require payment of the Total Price after the Contract is concluded and before the Goods are handed over. You can pay the Total Price as follows:
- By bank transfer. Payment details will be sent to you in the Order confirmation. In case of bank transfer, the Total Price is due within 5 days.
- By online card payment. In this case, payment is processed via the COMGATE payment gateway and is governed by the terms of that payment gateway, available at: here. In case of online card payment, the Total Price is due within 7 days.
- If you pay by card, an additional fee may be charged for the use of an unregulated payment card, in particular corporate cards or payment cards issued outside the European Union. The card type is automatically identified by the payment gateway. If an unregulated card is detected, the total amount of the order may be increased by a fee corresponding to the costs of processing this payment transaction. You will be informed of any such fee before completing the payment in the payment gateway and you may choose another payment method to which this fee does not apply. The fee for payment by an unregulated payment card is stated as a separate item on the tax document and is considered consideration for a financial service that is exempt from VAT. The fee is non-refundable.
- Cash on delivery. In this case, payment is made upon delivery of the Goods against handover of the Goods. In case of cash on delivery, the Total Price is due upon receipt of the Goods.
- The Invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be available in your User Account.
- Ownership of the Goods transfers to you only after you have paid the Total Price and taken delivery of the Goods. In case of bank transfer, the Total Price is paid when credited to our account; in other cases, it is paid at the moment the payment is made.
VI.
DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
- The Goods will be delivered to you no later than within 14 days by the method you choose, and you can select from the following options:
- Personal pickup at our place of business;
- Personal pickup at Zásilkovna pickup points;
- Delivery via PPL CZ, GLS, Zásilkovna, Czech Post.
- The Goods can only be delivered within the Czech Republic and the Slovak Republic.
- Delivery time depends on availability and on the selected delivery and payment methods. The estimated delivery time will be stated in the Order confirmation. The time stated in these Terms is indicative and may differ from the actual delivery time. In case of personal pickup, we will always inform you by e-mail when the Goods are ready for pickup.
- Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging and, in case of any defects, to notify the carrier and us without delay. If the packaging shows signs of unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.
- If you breach your obligation to accept the Goods, except in cases under Article VI(4) of the Terms, this does not constitute a breach of our obligation to deliver the Goods. At the same time, your failure to accept the Goods does not constitute withdrawal from the Contract. However, in such case we are entitled to withdraw from the Contract due to your material breach, or to store the Goods, for which you owe us a fee. If we decide to withdraw, the withdrawal is effective on the day we deliver the withdrawal notice to you. Withdrawal does not affect our claim to the Delivery Price or any claim for damages, if incurred.
- If, for reasons on your side, the Goods are delivered repeatedly or by a method different from that agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. Payment details will be sent to your e-mail address stated in the Contract and are due within 14 days of delivery of the e-mail.
- The risk of damage to the Goods passes to you when you accept them. If you do not accept the Goods, except in cases under Article VI(4), the risk passes to you at the moment you had the opportunity to accept the Goods but did not do so for reasons on your side. From that moment, you bear all consequences related to loss, destruction, damage or any depreciation of the Goods.
- If the Goods were not stated as “in stock” in the e-shop and an indicative availability time was stated, we will always inform you in case of:
- an extraordinary outage in production of the Goods, in which case we will inform you of the new expected availability time or that the Goods cannot be delivered;
- a delay in delivery of the Goods from our supplier, in which case we will inform you of the new expected delivery time.
VII.
RIGHTS FROM DEFECTIVE PERFORMANCE
- We warrant that at the time the risk of damage passes to the Goods under Article VI(7) of the Terms, the Goods are free of defects, in particular that the Goods:
- correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed features;
- are fit for the purpose you require and with which we agree;
- are supplied with the agreed accessories and instructions for use, including installation instructions;
- are fit for the purpose for which goods of this type are usually used;
- in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same type that you may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular advertising or labeling;
- are supplied with accessories, including packaging, installation instructions and other instructions for use that you may reasonably expect; and
- correspond in quality or design to a sample or model provided to you before the contract was concluded.
- Rights and obligations regarding rights from defective performance are governed by applicable generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- If the Goods have a defect, in particular if any of the conditions under Article VII(1) are not met, you may notify us and exercise rights from defective performance (i.e., make a complaint) by sending an e-mail or letter to our addresses stated in our identification details, or in person at Třída Tomáše Bati 3224/57, Zlín, 760 01. You can use the online form for complaints available at: https://www.tallguys.cz/vraceni-zbozi-reklamace/. When exercising rights from defective performance, you must choose how you want the defect to be resolved; you cannot subsequently change this choice without our consent. We will handle the complaint in accordance with the right from defective performance you exercised.
- If the Goods have a defect, you have the following rights:
- to have the defect remedied by delivery of new Goods without defects or by delivery of the missing part of the Goods; or
- to have the defect remedied by repair of the Goods,
- unless the chosen method is impossible or, compared to the alternative method, disproportionately costly; this is assessed especially with regard to the significance of the defect, the value the Goods would have without the defect, and whether the alternative method can remedy the defect without significant inconvenience to you.
- We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.
- You are further entitled to:
- a reasonable discount from the Price; or
- withdrawal from the Contract,
if:
• we refuse to remedy the defect or do not remedy it in accordance with legal regulations;
• the defect reappears repeatedly,
• the defect constitutes a material breach of the Contract; or
• it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
7. You are not entitled to withdraw from the Contract if the defect is insignificant.
8. If you caused the defect to the Goods yourself, you are not entitled to rights from defective performance.
9. A defect does not include wear and tear caused by normal use, or in the case of used Goods, wear and tear corresponding to the extent of previous use.
10. When making a complaint, we will issue you a written confirmation stating:
• the date you made the complaint;
• what the complaint concerns;
• the method of handling the complaint you request;
• your contact details for the purpose of providing information about the complaint handling.
11. Unless we agree on a longer period, within 30 days of receiving the complaint we will remedy the defects and provide you with information about the handling of the complaint to the stated contact details. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
12. We will inform you about the handling of the complaint by e-mail and issue you confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of delivery price. If the defect is remedied by delivery of new Goods, you are obliged to return the original Goods to us; the costs of such return are borne by us.
13. If you are a business, you are obliged to notify and claim the defect without undue delay after you could have discovered it, but no later than three days after acceptance of the Goods.
14. If you are a consumer, you are entitled to exercise rights from defective performance for a defect occurring in consumer Goods within 24 months of acceptance of the Goods.
VIII.
Withdrawal from the Contract
- Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from the outset, may occur for the reasons and in the manner set out in this article, or in other provisions of the Terms where withdrawal is expressly stated.
- If you are a consumer (i.e., a person purchasing the Goods outside the scope of your business activity), you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving any reason within 14 days of the conclusion of the Contract; in the case of a purchase of goods, within fourteen days of acceptance of the Goods. If we conclude a Contract whose subject is several items of Goods or delivery of several parts of Goods, the period begins on the day of delivery of the last item or part. If we conclude a Contract under which we deliver Goods regularly and repeatedly, the period begins on the day of delivery of the first delivery.
- You may withdraw from the Contract by any provable means (in particular by sending an e-mail or letter to our addresses stated in our identification details). You can also use the model online form available at: https://www.tallguys.cz/vraceni-zbozi-reklamace/.
- Withdrawal is not possible in the specific cases listed in Section 1837 of the Civil Code—for example, where goods are customized to order or hygienically sensitive. This exception also applies to gift vouchers. For technical reasons, gift vouchers cannot be invalidated retroactively or offered for sale again. Therefore, withdrawal is not possible even if the originally purchased clothing was exchanged for a gift voucher.
- The withdrawal period under Article VIII(2) is deemed met if you send the notice of withdrawal within the period.
- In case of withdrawal under Article VIII(2), you are obliged to send the Goods to us within 14 days of withdrawal and you bear the costs of returning the goods. You are entitled to a refund of the Delivery Price, but only up to the amount corresponding to the cheapest delivery method offered by us for delivery of the Goods. If you withdraw due to our breach of the Contract, we also bear the costs of returning the goods to us, but again only up to the Delivery Price corresponding to the cheapest delivery method we offered.
- In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account you choose in the withdrawal notice. However, the amount will not be refunded before we receive the Goods or you prove that the Goods have been sent back. Please return the Goods clean, if possible including the original packaging.
- In case of withdrawal under Article VIII(2), you are liable to us for any decrease in the value of the Goods resulting from handling the goods in a way other than necessary to become acquainted with the nature, characteristics and functionality of the Goods, i.e., in the way you would be able to inspect the Goods in a brick-and-mortar store. If we have not yet refunded the Price, we are entitled to set off the claim for such costs against your claim for the refund of the Price.
- If a free gift is provided to the buyer for purchases over CZK 5,000, the gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase contract, the gift agreement regarding such gift becomes ineffective and the buyer is obliged to return the provided gift to the seller together with the goods. If the buyer returns only part of the order and the order falls below CZK 5,000, the buyer is obliged to return the gift as well. If the buyer does not return the gift, the seller is entitled to reduce the refunded purchase price by the value of the unreturned gift.
- If you received free delivery for purchases over a certain amount and you return only part of the order, your entitlement to free delivery ceases and the full delivery price will be charged (deducted from the refund).
- We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the expiry of the period stated in Article VI(1). We may also withdraw if it is apparent that you intentionally provided incorrect information in the Order. If you purchase goods within the scope of your business activity (as a business), we are entitled to withdraw at any time, even without giving a reason.
IX.
PERSONAL DATA PROTECTION
- The Seller fulfils its information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 (GDPR) related to the processing of the buyer’s personal data for the purposes of performance of the purchase contract, negotiations on the purchase contract and fulfilment of the Seller’s public-law obligations through a separate document.
X.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
- The buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and amendments to certain acts, as amended, to receive commercial communications from the seller to the buyer’s e-mail address or phone number. The seller fulfils its information obligation under Article 13 GDPR related to processing of the buyer’s personal data for the purpose of sending commercial communications through a separate document.
- The seller fulfils its legal obligations related to the storing of cookies on the buyer’s device through a separate document.
XI.
Consumer dispute resolution
- We are not bound in relation to buyers by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
- We handle consumer complaints via the e-mail address info@tallguys.cz. Information about the handling of a complaint will be sent to the buyer’s e-mail address.
- The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for disputes between the seller and a buyer who is a consumer arising from an online purchase contract.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.
XII.
Final provisions
- If our and your legal relationship contains an international element (for example, we ship goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this choice of law does not affect your rights under mandatory legal regulations.
- All written correspondence will be delivered to you by e-mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in your User Account, or from which you contacted us.
- The Contract may be amended only by our written agreement. However, we are entitled to change and supplement these Terms; such changes do not affect already concluded Contracts but only Contracts concluded after the changes take effect. We will inform you of changes only if you have a User Account (so you are aware when ordering new Goods; the change does not create a right to terminate because there is no ongoing Contract to terminate), or if we deliver Goods to you regularly and repeatedly under the Contract. We will send information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a termination notice of the Contract for regular and repeated deliveries within 14 days of sending the information, the new terms become part of our Contract and apply to the next delivery following the effective date of the change. The notice period is 2 months.
- In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure, and if force majeure lasts longer than 10 days, both we and you are entitled to withdraw from the Contract.
- The annexes to the Terms include a model complaint form and a model withdrawal form.
- The Contract, including the Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with an Order summary by e-mail and thus you will always have access to the Contract without our assistance. We recommend saving the Order confirmation and the Terms.
- These Terms take effect on 2 February 2026.
