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    Terms and Conditions

    TERMS AND CONDITIONS

    These general terms and conditions (“Terms”) of Tallguys s.r.o., with its registered office at Sivice 172, 664 07, Sivice, Company ID 142 06 421, registered in the Commercial Register under file no. C 127145 at the Regional Court in Brno, e-mail info@tallguys.cz, phone number +420 739 388 725, and the business address Třída Tomáše Bati 3224/57, Zlín, 760 01 (“We” or “Seller”) regulate, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as buyers, and Us, as sellers, arising in connection with or based on the purchase agreement (“Agreement”) concluded via the E-shop on the website www.tallguys.cz.

    All information regarding the processing of Your personal data is contained in the Personal Data Processing Policy, which can be found here https://www.tallguys.cz/podminky-ochrany-osobnich-udaju/.

    The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drafted in the Czech language. We may unilaterally change or supplement the wording of the Terms. These provisions do not affect rights and obligations arising during the validity of the previous wording of the Terms.

    As you surely know, we primarily communicate remotely. Therefore, our Agreement also applies the means of remote communication that allow us to agree without the simultaneous physical presence of You and Us, and the Agreement is concluded remotely via the E-shop interface (“E-shop web interface“).

    If any part of the Terms contradicts what we have mutually agreed upon during Your purchase on Our E-shop, that specific agreement will take precedence over the Terms. 

     

    I.
    SOME DEFINITIONS

    1. Price is the monetary amount You will pay for the Goods;
    2. Shipping cost is the monetary amount You will pay for the delivery of the Goods, including the cost of packaging;
    3. Total price is the sum of the Price and the Shipping cost;
    4. VAT is the value-added tax according to applicable legal regulations;
    5. Invoice is a tax document issued in accordance with the VAT law for the Total price;
    6. Order is Your binding proposal to conclude a Purchase Agreement for Goods with Us;
    7. User account is an account created based on the information You provide, allowing the storage of entered data and keeping a history of ordered Goods and concluded Agreements;
    8. You are a person purchasing on Our E-shop, referred to as the buyer under legal regulations;
    9. Goods are everything You can purchase on the E-shop.

    II.
    GENERAL INSTRUCTIONS AND PROVISIONS

    1. Purchase of Goods is possible only through the E-shop web interface.
      When purchasing Goods, You are obliged to provide Us with all information correctly and truthfully. The information You provide in the Order will therefore be considered correct and truthful.
    2. On our E-shop, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, so in the internal system we can see the linked order ID for each review, and thus verify that the review comes from a real consumer.

     

    III.
    CONCLUSION OF THE AGREEMENT

    1. The Agreement with Us can only be concluded in the Czech language.
    2. The Agreement is concluded remotely via the E-shop, with the costs of using remote communication means borne by You. These costs do not differ from the basic rate You pay for using these means (primarily for internet access); no additional costs charged by Us beyond the Total price should be expected. By submitting the Order, You agree that we use remote communication means.
    3. To conclude the Agreement, You must create an Order on the E-shop. The proposal must include the following information:
      • Information about the Goods being purchased (on the E-shop, You select the Goods You want to buy using the “Add to cart” button);
      • Information about the Price, Shipping cost, payment method for the Total price, and the requested delivery method; this information will be entered during the creation of the Order in the E-shop user interface, while information about Price, Shipping cost, and Total price will be automatically displayed based on the Goods, delivery method, and payment chosen by You;
      • Your identification and contact details used to deliver the Goods, especially name, surname, delivery address, phone number, and e-mail address.
    4. During the creation of the Order, You can change and review the data until the Order is completed. By clicking the “Submit Order” button, You finalize the Order. Before clicking the button, You are obliged to review the Terms. After clicking “Submit Order,” all filled information will be sent directly to Us.
    5. Your Order will be confirmed as soon as possible after being received, by sending a message to the e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The Terms in force on the date of the Order, i.e., attached to the confirmation email, are an integral part of the Agreement. By confirming the Order, the Agreement between Us and You is concluded.
    6. There may be cases where we cannot confirm Your Order. This typically occurs when the Goods are unavailable or when You order more units than permitted by Us. Information about the maximum quantity will always be provided in advance on the E-shop and should not be surprising. If any reason prevents us from confirming the Order, We will contact You and send a revised offer. The Agreement is concluded when You confirm our offer.
    7. If an obviously incorrect Price is listed in the E-shop or the Order, we are not obliged to deliver the Goods at this Price, even if You have received the Order confirmation, i.e., the Agreement has been concluded. In such cases, We will contact You immediately and send a revised offer. The new Agreement is concluded once You confirm our offer. An obvious pricing error may occur, for example, if the Price does not correspond to the usual price from other sellers or a digit is missing or excessive.
    8. Upon concluding the Agreement, You are obliged to pay the Total price.
    9. If You have a User account, You can place an Order using it. However, You are still obliged to check the accuracy, truthfulness, and completeness of pre-filled data. The Order process is identical to that of a buyer without a User account, with the advantage that You do not need to repeatedly enter Your identification details.
    10. In some cases, we allow a discount on the purchase of Goods. To receive the discount, You must fill in the discount information in the designated field during the Order creation. If You do so, the Goods will be provided with the discount.

     

    IV.
    USER ACCOUNT

    1. Based on Your registration on the E-shop, You can access Your User account.
    2. When registering a User account, You are obliged to provide all entered information correctly and truthfully and update it in case of any changes.
    3. Access to the User account is secured by a username and password. You are obliged to keep these credentials confidential and not share them with anyone. We are not responsible for any misuse of these credentials.
    4. The User account is personal, and You are not authorized to allow third parties to use it.
    5. We may terminate Your User account, especially if it has not been used for more than 3 years or if You violate Your obligations under the Agreement.
    6. The User account may not be available continuously, especially due to necessary maintenance of hardware and software.

     

    V.
    PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

    1. The Price is always indicated on the E-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price listed for the Goods on the E-shop and the Price listed in the Order proposal, the Price in the Order proposal applies, which will always be identical to the price in the Agreement. The Order proposal also indicates the Shipping cost and, if applicable, conditions under which delivery is free of charge.
    2. The Total price includes VAT and all fees required by law.
    3. Payment of the Total price will be required after the conclusion of the Agreement and before the delivery of the Goods. Payment of the Total price can be made by the following methods:
      • Bank transfer. Payment information will be sent in the Order confirmation. In case of bank transfer, the Total price is due within 5 days.
      • Online card payment. The payment is made via the COMGATE payment gateway, which is governed by its terms and conditions available at: here. In case of online card payment, the Total price is due within 7 days.
      • Cash on delivery. Payment is made upon receipt of the Goods. In case of cash on delivery, the Total price is due upon receipt of the Goods.
    4. The invoice will be issued electronically after payment of the Total price and sent to Your e-mail address. The invoice will also be available in the User account.
    5. Ownership of the Goods transfers to You only after the Total price has been paid and the Goods have been received. In case of bank transfer, the Total price is considered paid once credited to Our account; in other cases, it is considered paid at the moment of payment.

     

    VI.
    DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

    1. The Goods will be delivered to You no later than 14 days in the manner chosen by You, with the following options:
      • Personal pickup at Our premises;
      • Pickup at Zásilkovna collection points;
      • Delivery via carriers PPL CZ, GLS, Zásilkovna, Česká Pošta.
    2. Goods can only be delivered within the Czech Republic and Slovakia.
    3. Delivery time depends on availability and chosen delivery and payment method. The estimated delivery time will be communicated in the Order confirmation. The time mentioned in these Terms is indicative and may differ from actual delivery time. In case of personal pickup, You will be informed by e-mail when the Goods are ready for collection.
    4. Upon receipt of the Goods from the carrier, You are obliged to check the integrity of the packaging and immediately notify the carrier and Us of any defects. If the packaging shows signs of unauthorized handling or tampering, You are not obliged to accept the Goods.
    5. If You fail to take delivery of the Goods, except as provided in Article VI, paragraph 4, this does not constitute a breach of Our obligation to deliver the Goods. Failure to accept the Goods does not constitute withdrawal from the Agreement. We are, however, entitled to withdraw from the Agreement due to Your substantial breach or to store the Goods, for which We are entitled to remuneration. Withdrawal is effective on the day We notify You. Withdrawal does not affect the claim for the Shipping cost or compensation for damages, if incurred.
    6. If due to reasons on Your side the Goods are delivered repeatedly or differently than agreed, You are obliged to reimburse Us for the costs of repeated delivery. Payment details will be sent to Your e-mail and are due within 14 days.
    7. The risk of damage to the Goods passes to You at the moment of receipt. If You do not take delivery, except as provided in Article VI, paragraph 4, the risk passes when You had the opportunity to take delivery but did not due to reasons on Your side. This means You bear all consequences of loss, destruction, damage, or any deterioration of the Goods from that moment.
    8. If the Goods were not listed as in stock and an estimated availability time was provided, We will inform You in case of:
      • extraordinary production delays, providing the new expected availability or stating that the Goods cannot be delivered;
      • delays from Our supplier, providing the new expected delivery time.

     

    VII.
    RIGHTS IN CASE OF DEFECTIVE PERFORMANCE

    1. We guarantee that at the time the risk of damage passes to You according to Article VI, paragraph 7, 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 characteristics;
      • are suitable for the purpose for which You request them and which We agree to;
      • are delivered with agreed accessories and instructions for use, including assembly or installation manuals;
      • are suitable 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 can reasonably expect, taking into account public statements made by Us or another person in the same contractual chain, including advertising or labeling;
      • are delivered with accessories, including packaging, assembly instructions, and other user instructions that You can reasonably expect; and
      • correspond in quality or design to the sample or model provided to You before concluding the Agreement.
    2. Rights and obligations regarding defective performance are governed by applicable generally binding legal regulations (especially §§ 2099–2117 and §§ 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
    3. If the Goods have a defect, i.e., if any condition in Article VII, paragraph 1 is not met, You may notify Us and exercise rights arising from defective performance (i.e., claim a defect) by sending an email or letter to Our addresses or in person at Třída Tomáše Bati 3224/57, Zlín, 760 01. You may also use the online form at: https://www.tallguys.cz/vraceni-zbozi-reklamace/. When exercising rights from defective performance, You must choose how to resolve the defect, which cannot be changed without Our consent. We will handle the claim according to the chosen remedy.
    4. If the Goods are defective, You have the following rights:
      • removal of the defect by delivering new defect-free Goods or delivering missing parts; or
      • removal of the defect by repair,
      • unless the chosen method is impossible or disproportionately costly compared to the other method, considering the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied without significant difficulty.
    5. We are entitled to refuse defect removal if it is impossible or disproportionately costly, considering the significance of the defect and the value the Goods would have without it.
    6. You also have the right to:
      • a reasonable discount on the Price; or
      • withdrawal from the Agreement,

           if:

           • We refuse or fail to remove the defect in accordance with legal regulations;
           • the defect recurs;
           • the defect constitutes a material breach of the Agreement; or
           • it is evident from Our declaration or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to You.

       7. The right to withdraw from the Agreement does not apply if the defect is minor.
       8. If You caused the defect Yourself, rights from defective performance do not apply.
       9. Wear and tear from normal use or previous use of second-hand Goods is not considered a defect.
       10. When filing a claim, We will issue a written confirmation including:

           • the date of the claim;
           • content of the claim;
           • the chosen remedy;
           • Your contact details to provide information on claim resolution.

      11. Unless otherwise agreed, We will remedy defects and provide information on the resolution within 30 days of receiving the claim. If this period expires without resolution, You may withdraw from the Agreement or request a reasonable discount.
      12. We will inform You of the claim resolution by e-mail and provide confirmation of date and method. If the claim is justified, You are entitled to reimbursement of reasonable expenses, which must be documented (receipts, shipping confirmations). If the defect is remedied by delivering new Goods, You must return the original Goods, but We will cover return costs.
      13. If You are a business, You must report and object to defects without undue delay after discovery, no later than three days after receiving the Goods.

       14. If You are a consumer, You have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months
         from the receipt of the Goods.

     

    VIII.
    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 reasons and in the ways specified in this article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
    2. If You are a consumer, i.e., a person purchasing Goods outside the scope of their business activity, You have the right, in accordance with §1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or in the case of the purchase of Goods, within fourteen days from its receipt. If the Contract involves several pieces of Goods or several deliveries, the period starts from the delivery of the last piece or part of the Goods, and if the Contract involves regular or repeated delivery, the period starts from the delivery of the first delivery.
    3. You may withdraw from the Contract in any verifiable manner (especially by sending an e-mail or letter to Our addresses listed in Our identification data). You may also use the sample online form available at: https://www.tallguys.cz/vraceni-zbozi-reklamace/.
    4. Withdrawal from the Contract is not possible in specific cases listed in §1837 of the Civil Code – e.g., customized or hygienically sensitive Goods. This exception also applies to gift vouchers, which for technical reasons cannot be invalidated or resold. Therefore, withdrawal is not possible if originally purchased clothing has been exchanged for a gift voucher.
    5. The withdrawal period under Art. VIII, paragraph 2 of the Terms is considered met if You send Us a notice of withdrawal during that period.
    6. In case of withdrawal under Art. VIII, paragraph 2 of the Terms, You must send the Goods back to Us within 14 days of withdrawal and bear the costs of returning the Goods. You are entitled to a refund of the delivery cost, but only up to the amount of the cheapest delivery method offered. If withdrawal occurs due to Our breach of the Contract, We also cover return costs, but again only up to the amount of the cheapest delivery method offered.
    7. In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which payment was made or another account chosen in the withdrawal notice. The amount will not be refunded before We receive the Goods or You prove that they have been sent back. Please return the Goods clean, preferably including the original packaging.
    8. Upon withdrawal under Art. VIII, paragraph 2, You are liable for any reduction in the value of the Goods resulting from handling the Goods beyond what is necessary to establish their nature, properties, and functionality, i.e., in a manner other than inspecting them as You would in a physical store. If We have not yet refunded the Price, We are entitled to offset the claim for costs against Your refund claim.
    9. If a free gift is provided for purchases over 5,000 CZK, the gift agreement between the seller and the buyer is conditional: if the buyer withdraws from the purchase contract, the gift agreement regarding that gift becomes void, and the buyer must return the gift along with the Goods. If the buyer returns only part of the order, causing it to fall below 5,000 CZK, the gift must also be returned. If the gift is not returned, the seller is entitled to reduce the refunded purchase price by the value of the unreturned gift.
    10. We may withdraw from the Contract at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons related to third parties or the nature of the Goods), even before the period in Art. VI, paragraph 1. We may also withdraw if it is evident that You deliberately provided incorrect information in the Order. If You purchase Goods as a business, We may withdraw at any time, even without giving a reason.

     

    IX.
    PERSONAL DATA PROTECTION

    1. Our information obligation towards the buyer under Art. 13 of the EU Regulation 2016/679 on the protection of natural persons regarding the processing of personal data (GDPR) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating the contract, and fulfilling public-law obligations of the seller, is fulfilled through a separate document.

     

    X.
    SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

    1. By virtue of §7(2) of Act No. 480/2004 Coll., on certain information society services, the buyer consents to receiving commercial communications from the seller via e-mail or phone. Our information obligation under Art. 13 GDPR regarding the processing of personal data for sending commercial communications is fulfilled via a separate document.
    2. Our legal obligations regarding storing cookies on the buyer’s device are also fulfilled through a separate document.

     

    XI.
    DISPUTE RESOLUTION WITH CONSUMERS

    1. We are not bound by any codes of conduct under §1826(1)(e) of the Civil Code in relation to buyers.
    2. Consumer complaints are handled via e-mail info@tallguys.cz. Information about the complaint resolution will be sent to the buyer's e-mail.
    3. For out-of-court resolution of consumer disputes, the Czech Trade Inspection Authority is competent, based at Štěpánská 567/15, 120 00 Prague 2, website: http://www.coi.cz. The EU online dispute resolution platform http://ec.europa.eu/consumers/odr can also be used for resolving disputes between the seller and a consumer from a contract concluded electronically.
    4. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point under Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.

     

    XII.
    FINAL PROVISIONS

    1. If Our legal relationship has an international element (e.g., delivering goods outside the Czech Republic), it shall always be governed by Czech law. This does not affect consumer rights derived from legal regulations.
    2. All written correspondence will be delivered via e-mail. Our e-mail is listed in Our identification data. We will send correspondence to the e-mail provided in the Contract, User account, or used to contact Us.
    3. The Contract can only be modified by Our written agreement. We may amend or supplement these Terms, affecting only contracts concluded after the change takes effect. We will notify You of changes if You have a User account or regular deliveries, at least 14 days before the change. If You do not object within 14 days, the new terms apply to subsequent deliveries. The notice period for objections is 2 months.
    4. In case of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), We are not liable for damage arising from such events. If the force majeure lasts longer than 10 days, either party may withdraw from the Contract.
    5. Annexed to the Terms are a sample claim form and a sample withdrawal form.
    6. The Contract including the Terms is archived electronically by Us but is not accessible to You. However, You will always receive these Terms and Order confirmation by e-mail and should save them for future reference.
    7. These Terms come into effect on 14.4.2025.