Terms & Conditions

of Tamandua s.r.o., with registered office at Na Nábřeží 112, 517 71 České Meziříčí, Czech Republic, identification number: 21222177, registered in the Commercial Register, Section C, Insert 52444, kept at the Regional Court in Hradec Králové

for the sale of goods via the online shop located at tamandua.shop.

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Tamandua s.r.o., with registered office at Na Nábřeží 112, 517 71 České Meziříčí, Czech Republic, identification number: 21222177, registered in the Commercial Register, Section C, Insert 52444, maintained at the Regional Court in Hradec Králové (hereinafter referred to as "Seller"), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at tamandua.shop (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as the "Shop Web Interface").

1.2. Provisions deviating from the terms and conditions may be agreed in the purchase contract or by express agreement between the seller and the buyer. Deviating provisions in the purchase contract or by express agreement take precedence over the provisions of the terms and conditions.

1.3. The subject of the Purchase Agreement is the delivery of goods (hereinafter referred to as "Goods"), which are natural collection items and exhibits, including animal bones, skulls and specimens, taxidermy specimens, mollusc shells, minerals and precious fossils, intended primarily for collecting, scientific and study purposes. For goods that are expressly marked as such on the Website, the Seller warrants that they are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed on 3 March 1973 - usually referred to by the abbreviation CITES (hereinafter referred to as "CITES species"). The full text of the Convention is available at:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22015A0319(01)&from=SV.

In the Czech Republic, this area of law is regulated by Regulation (EC) No. 853/2004.338/97 and other EU regulations and Act No. 100/2004 Coll. on the protection of species of wild fauna and flora by regulating trade therein and other measures for the protection of such species and amending certain acts (Act on Trade in Endangered Species), as amended.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in accordance with Czech legislation and laws, as well as in accordance with international conventions applicable to the Czech Republic.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account. Login to the user account is also possible via third party services, namely Google and Facebook. The security of these services' own accounts is ensured by the services themselves.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, as well as the entire web interface of the shop, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties, web hosting providers and domain administrators.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods. The online shop also displays items already sold, which are always marked as sold by a label or stock status, for which the seller does not commit to displaying the price. Also displayed are exclusive items whose price is only a fill-in value for this item field, and whose actual price is subject to agreement between the seller and the buyer. The prices of the items are inclusive of value added tax and all related charges, except for postage, which is separately stated in the order process. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. The seller may change the prices of the goods at any time, except for purchase contracts already concluded.

3.3. The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is adapted to the Buyer's billing address or, if different from the billing address, the delivery address, if the Buyer has entered it in his/her user account. This information shall be deemed correct and the costs charged shall be in accordance with the place of delivery.

3.3.1. The Seller reserves the right to charge special fees related to the packaging and delivery of the goods depending on the size, fragility, weight and also the level of protection under CITES and depending on the place of delivery, in particular the country to which the goods will be delivered.

3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5. Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Confirm Purchase" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

3.8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

By bank transfer to the seller's bank account 265606649/0600, IBAN CZ50 0600 0000 0002 6560 6649 for payments in CZK, or the seller's bank account 266125249/0600, IBAN CZ91 0600 0000 0002 6612 5249 for payments in EUR, both accounts are held with MONETA Money Bank (BIC / SWIFT

AGBACZPP), a.s. with registered office: BB Centrum, Vyskočilova 1442/1b 140 28 Praha 4 - Michle. Which of these accounts will be used can be determined by the Seller in the web interface of the shop regardless of the currency of payment.
1. If the bank with which the buyer's bank account is held charges any fees associated with the bank transfer, these fees are the sole responsibility of the buyer.
Cashless payment by debit or credit card through a payment gateway that is part of the web interface of the store.
1. If the bank with which the buyer's bank account is maintained charges any fees associated with the card payment, these fees are the sole responsibility of the buyer.
Transfer via PayPal to the seller's account. This transfer is also enabled by the web interface of the shop.
1. If PayPal charges any fees directly from the buyer, these fees are the sole responsibility of the buyer.

4.2. Regardless of the method of payment of the order, the buyer is obliged to make the payment within 10 calendar days. If the order is not paid within this time frame, the Seller reserves the right to unilaterally cancel the order. The Seller shall inform the Buyer of such cancellation and the Purchase Contract shall be deemed to have been mutually cancelled. Neither party shall thereafter be obliged to further perform to the other.

4.3. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.4. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.5. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.6. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other except in cases where the Seller expressly agrees to do so.

4.7. The Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

4.8. A large proportion of the goods displayed on the web interface of the shop are sold under the second-hand goods regime and are therefore subject to special rules in relation to value added tax. The Buyer acknowledges that the price quoted for the Goods is final as far as tax is concerned and includes value added tax where required by accounting laws. This is the case even if the value added tax is not shown on the tax invoice.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be notified to the Seller within the period specified in the preceding sentence.

5.2. In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of receipt of the notice of withdrawal from the Purchase Contract by the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature. The returned goods must be sent by the Seller to the address of the business premises at Bieblova 38/2, 500 03 Hradec Králové, Czech Republic. Returned goods can be sent elsewhere only after agreement with the seller.

5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the return of the Goods subject to the Contract withdrawn by the Buyer.

5.4. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price. If the goods have been damaged by the Buyer or have been damaged during transport due to the Buyer's fault by improper packaging and failure to ensure the safety of the goods, the Seller shall reimburse the Buyer the amount paid less the damage to the value of the goods.

5.5. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the time of acceptance of the goods by the Buyer. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.

5.6. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

6.4. The Buyer acknowledges that a large part of the goods in the Seller's offer are fragile. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.

6.5. The shipping fee may be included in the order, according to the information provided in the web interface of the shop. However, transportation shall be paid directly by the carrier and ordered by the Seller in such manner as it deems appropriate. Unless otherwise agreed, the seller shall order the transport as soon as possible after the conclusion of the purchase contract.

6.6. If there is any additional charge in connection with the delivery of the goods in the buyer's country beyond the price of the carriage, the buyer is obliged to pay this charge. In particular, the buyer shall pay the customs duty for the receipt of the goods if the customs duty is assessed by the public authorities in the country of delivery.

6.7. The Seller shall not be liable for compliance with species protection regulations in the Buyer's country of delivery in relation to local legislation and international conventions. The Seller is only responsible for compliance with species protection regulations applicable in the Czech Republic and the generally applicable CITES convention. The Seller is therefore not liable for the goods in the event of their seizure by the customs authorities of the Buyer's country of delivery.

6.8. Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Buyer acknowledges that a large part of the goods displayed in the web interface of the shop are second-hand goods - the items are of a collector's nature and may have been part of private collections in the past. They often bear signs of use. Used goods are always marked as such in the description. Among used and new goods, the majority are natural exhibits that show defects in the animals or plants that gave rise to the exhibits. Therefore, each such piece is photographed in detail and presented separately unless otherwise noted.

7.2.1. For used goods, the warranty period is reduced to 1 year pursuant to Section 2168 of Act No. 89/2012 Coll., the Civil Code. The seller's liability does not extend to the state of wear and tear of the used goods at the time of sale.

7.3. The Seller is liable to the Buyer that the goods on receipt are free from defects other than those specified in the description or visible from the presented photos. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

7.3.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods described above and on the basis of the advertising carried out by them,

7.3.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.3.3. the goods are in the appropriate quantity, measure or weight; and

7.3.4. the goods comply with the requirements of the legislation.

7.4. The provisions referred to in Article 7.3 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

7.5. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer shall be entitled to exercise the right to claim for a defect that occurs in consumer goods within twenty-four months of acceptance, except in the case described in section 7.2.1.

7.6. The rights from defective performance shall be exercised by the buyer with the seller on-line or at the address of the seller's business premises at Bieblova 38/2, 500 03 Hradec Králové, Czech Republic. Before sending the claimed goods to the Seller, the Buyer is obliged to inform the Seller about the intention of the claim via e-mail at tamandua@tamandua.shop or info@tamandua.shop.

7.7. The moment when the Seller receives the claimed goods from the Buyer shall be considered the moment when the claim is made.

7.8. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the electronic address tamandua@tamandua.shop or info@tamandua.shop. The seller shall send information about the resolution of the buyer's complaint to the buyer's email address.

8.4. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. DATA PROTECTION

9.1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of this Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.

10.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. SUBMISSION

11.1. The Buyer may be served at the Buyer's electronic address.

11.2. A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall be deemed to have been delivered.

11.3. The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions 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.

12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. These Terms and Conditions shall come into force and effect on 30 April 2025.