Terms and conditions - consumer

GENERAL TERMS AND CONDITIONS 
 
Eshop operator: Display Me s.r.o. 
Headquarters: Jeronýmova 1460/2, Říčany, ZIP code 25101
REGISTRATION NUMBER: 08220891, VAT NUMBER: CZ 08220891
Registered: in the Commercial Register maintained by the Municipal Court in Prague, No. 315030 
E-mail: shop@displayme.com 
Data mailbox: kc66m55 
Delivery address: 
DSV Solutions s.r.o.,
Customer service Display Me s.r.o.
Logistic 105 (hall 3)
Pavlov 
27351 Tel: +420 739 940 355
Bank account (EUR): 289372066 / 0300 (IBAN: CZ7403000000000289372066)
hereinafter referred to as "Seller" 1.
The following terms have the meanings defined below in these General Terms and Conditions, but are always capitalized in the text of these General Terms and Conditions:

1. "Delivery address" means the delivery address of the Seller specified in the header of these GTC for the delivery of documents and shipments to the Seller, including withdrawal from the Contract, complaints, returned or claimed goods, etc. 
2. "Seller's email address" means the email: shop@displayme.com. 
3. "Online shop" means the online shop operated by the Seller on the Website. 
4. "Buyer" means (i) a natural person in the capacity of a Consumer; or (ii) a legal person who is not a Business; who intends to purchase goods from the Seller and enters into a Contract with the Seller.
5. "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
6. In accordance with Section 420 of the Civil Code, an "Entrepreneur" is defined as a person who independently carries out a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a regular basis for profit; 
7. "Contract" means a purchase contract concluded pursuant to § 2079 et seq. of the Civil Code between the Seller as the Seller and the Buyer as the Buyer regarding the goods through the Seller's Internet shop on the Website (or the Website interface). The Seller undertakes to hand over the goods subject to purchase to the Buyer and to allow the Buyer to acquire ownership of them, and the Buyer undertakes to accept the goods and to pay the Seller the purchase price.
8. "Consumer" means a person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with the Seller or otherwise deals with him/her; 
9. "GTC" means these General Terms and Conditions;
10. "Website" means the Seller's website located at www.displayme.shop (the "Website").

 
2. These GTC of the Seller regulate, in accordance with § 1751 paragraph 1 of the Civil Code, the mutual rights and obligations of the contracting parties arising under or in connection with the Contract concluded between the Seller and the Buyer through the Seller's online store on the Website (or the interface of the Website). These GTC do not apply to cases where the person who intends to purchase goods from the Seller is not the Buyer within the meaning of Article I. paragraph 1 letter a) of these GTC. For such persons, different General Terms and Conditions for Businesses apply, which are available in a separate section of the Website for Businesses.  

3. By creating and submitting an Order, the Buyer confirms that he/she has read these GTC before concluding the Contract and that he/she expressly agrees to them. 

4. Provisions deviating from the GTC may be agreed in the Contract. Deviating provisions in the Contract take precedence over the provisions of the GTC.

5. The provisions of these GTC are an integral part of the Contract. The Contract and the GTC are drawn up in the English language. The Contract may be concluded in the English language.

6. The Seller is entitled to change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
  1. The Seller hereby informs the Buyer that

1. the cost of means of distance communication does not differ from the basic rate (the cost of telephone or internet connection is borne by the Buyer according to the terms and conditions of the Buyer's operator; the Seller does not charge any additional fees);
2. requires payment of the full purchase price before the Buyer takes possession of the goods;
3. the prices of the goods are quoted on the Website exclusive of VAT and inclusive of VAT, including all charges provided for by law, except for the cost of delivery of the goods; the cost of delivery of the goods varies according to the chosen method and transport provider;
4. The Buyer Consumer has the right to withdraw from the Contract (unless otherwise stated below) within a period of fourteen days, which shall run if 

1. on the purchase contract, from the date of receipt of the goods,
2. a contract for several goods or for the supply of several parts, from the date of acceptance of the last delivery of the goods; or
3. a contract whose subject matter is the regular recurring delivery of goods, from the date of receipt of the first delivery of goods;

whereby the Buyer Consumer sends this withdrawal to the Seller at the Seller's Delivery Address or Email Address.  A sample withdrawal form for Buyer Consumers is available on the Website here. 

5. The Buyer Consumer cannot withdraw from the contract:

 

1. on the delivery of goods, the price of which depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period;
2. on the delivery of goods that have been modified according to the wishes of the Buyer Consumer or for his person;
3. the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
4. repair or maintenance carried out at a place designated by the Buyer at the Consumer's request; however, this does not apply in the case of subsequent repairs or delivery of spare parts other than those requested;
5. the delivery of goods in closed packaging, which the Buyer Consumer has removed from the packaging and for hygienic reasons it is not possible to return;
6. the delivery of an audio or visual recording or computer program if it has infringed its original packaging;

6. in the event of withdrawal from the contract, the Buyer Consumer bears the costs associated with the return of the goods to the Seller, and in the case of a Contract concluded by means of distance communication, the cost of returning the goods if the goods cannot be returned due to their nature by the usual postal route;
7. The Contract and the relevant invoice will be stored in the Seller's electronic archive, while registered Buyers also have access to this data in their Customer Account; 
8. The Buyer Consumer is entitled to lodge a complaint via the form available on the Website, or may contact a supervisory or state supervisory authority with a complaint.

2.
Based on the Buyer's registration made on the Website, the Buyer can access its user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "Customer Account"). A Buyer with a Customer Account is referred to in these GTC as a registered Buyer.  If the Website allows it, the Buyer can also order goods without registration directly from the interface of the Online Shop on the Website.
3.
Access to the Buyer's Customer Account is secured by the Buyer's username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his Customer Account. The Buyer is not entitled to allow third parties to use the Customer Account.  When registering the Buyer's Customer Account on the Website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the Customer Account whenever it changes.
4.
The Seller may cancel the Customer Account, especially if the Buyer does not 1use his Customer Account for more than a year or if the Buyer violates his obligations under the Contract (including the GTC). 
5.
Ordering goods through the Online Shop is available 7 days a week, 24 hours a day. However, the Buyer acknowledges that the Website and the Customer Account may not be available around the clock, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment. The operating hours at the Seller's registered office are indicated on the Website. 
 
 
III.
Conclusion of the Contract 
1.
All presentation of the goods in the Online Store is informative and the Seller is not obliged to conclude a Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply. 
2.
The online shop contains information about the goods, including the prices of individual goods. The prices of the goods remain valid for as long as they are displayed in the Online Shop. This provision does not limit the Seller's ability to conclude the Contract on individually agreed terms. The Online Shop also contains information on the costs associated with the delivery of the goods within the order form (Basket). The information on delivery costs only applies if the goods are delivered within the European Union.
3.
For binding ordering of goods, the Buyer fills in the order form (Basket) in the Online Shop. The order form contains in particular information about:
 

1. the ordered goods and the purchase price (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Internet shop),
2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

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 the desired goods in the basket and the method of payment of the purchase price), including with regard to the Buyer's ability to detect and correct errors arising when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the button "place order". At this point, a binding Order of the Buyer has been created (Orders commit to payment) in respect of the goods entered by the Buyer in the electronic shopping cart of the Online Store. The information provided in the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm its receipt to the Buyer by e-mail to the Buyer's e-mail address indicated in the Customer Account or in the Order (hereinafter referred to as the "Buyer's Address"), while informing the Buyer that it confirms (accepts) or rejects the Order to the Buyer's Address within three working days from the date of receipt of the Order.  The acknowledgement of receipt of the Order shall be accompanied by the currently valid and effective version of these GTC. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone). The contractual relationship between the Seller and the Buyer arises (the Contract is concluded) upon delivery of the acceptance of the Order, which the Seller sends to the Buyer by e-mail to the Buyer's address. Unless otherwise provided in these GTC, the resulting Contract may be amended or cancelled only by agreement of the parties or for reasons expressly stated in the Contract (including the GTC) or in law.
4.
The Buyer agrees to the use of remote means of communication in concluding the Contract. 
5.
The concluded Contract shall be archived by the Seller for a minimum of five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful execution and shall not be accessible to third, non-interested parties. Information on the individual technical steps leading to the conclusion of the Contract is evident from these GTC. 
6.
The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
7.
The Contract shall be governed by the law of the Czech Republic, in particular the Civil Code, even if the relationship established by the Contract contains an international (foreign) element (in this case, the Parties hereby agree that the relationship shall be governed by the law of the Czech Republic). By choosing the law according to the preceding sentence, the Buyer-Consumer is not deprived of the protection provided by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of 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). The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Contract.
 
IV.
Price of the goods and its payment 
1.
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
 

1. by wire transfer to the Seller's account specified in the header of these GTC (hereinafter referred to as the "Seller's Account");
2. cashless payment gateway including card payments and other payment methods available online (deferred payment, Apple Pay, etc.);

 
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the 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.
2.
In case of non-cash payment, the purchase price is payable within seven (7) days from the conclusion of the Contract. In this case, 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 at the moment of crediting the relevant amount to the Seller's Account.
3.
The full purchase price of the goods under the Contract must always be paid before the goods are dispatched to the Buyer (or if the goods are not dispatched, before the Buyer takes delivery of the goods). Section 2119(1) of the Civil Code shall not apply. If for any reason the goods have been handed over to the Buyer before payment of the purchase price of the goods, the Seller reserves the right of ownership of the goods, in which case the Buyer shall only become the owner of the goods upon full payment of the purchase price. However, the risk of damage to the goods shall pass to the Buyer upon receipt of the goods. 
4.
Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
5.
Tax document - invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's address. The Seller is a payer of value added tax. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of a technical failure, within 48 hours at the latest.
6.
The promotional prices on the Website are valid until the Seller's stock is sold out or, when the number of pieces of promotional goods is indicated, until the specified number of pieces of promotional goods is sold out or until the end of the promotion, whichever is earlier.
 
V.
Withdrawal from the Contract
1.
Unless it is a case according to Article II, paragraph 1, letter e) of these GTC or another case where the Contract cannot be withdrawn, the Buyer-Consumer has the right to withdraw from the Contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code within fourteen (14) days from the receipt of the goods, and in the event that the subject of the 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 Contract must be sent to the Seller no later than within the period specified in the preceding sentence. To withdraw from the Contract, the Buyer-Consumer may use the sample form provided by the Seller, which is available on the Website here. The Buying Consumer shall send the withdrawal to the Seller at the Seller's Delivery Address or Email Address. 
2.
In the event of withdrawal from the Contract pursuant to Article V. paragraph 1 of these GTC, the Contract shall be cancelled from the beginning. The Goods must be returned by the Buyer to the Seller no later than fourteen (14) days after the delivery of the withdrawal from the Contract to the Seller, at the Seller's delivery address. If the Buyer withdraws 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. The Buyer is obliged to return the goods complete (including all supplied accessories), with complete documentation, undamaged, clean, including the original packaging if possible, in the condition and value in which the goods were received. The Buyer Consumer shall be liable to the Seller only for any diminution in the value of the goods resulting from handling the goods in a manner different from that required by their nature and characteristics.
3.
In the event of withdrawal from the Contract pursuant to Article V. paragraph 1 of these GTC, the Seller shall return the funds received from the Buyer Consumer within fourteen (14) days of the Buyer Consumer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer Consumer. The Seller shall also be entitled to return the performance provided by the Buying Consumer already upon return of the goods by the Buying Consumer or in any other way, provided that the Buying Consumer agrees to this and does not incur additional costs. If the Buyer withdraws from the Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller. The Seller shall be entitled to unilaterally set off any claim for damages to the Goods (including reasonable compensation for diminution in value of the Goods) against the Buyer's claim for a refund of the purchase price. 
4.
If a gift is given 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 Contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
5.
In cases where the Buyer Consumer has the right to withdraw from the Contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Contract at any time until the time of acceptance of the goods by the Buyer Consumer. If the Buying Consumer has paid at least part of the purchase price of the goods, this amount shall be refunded to him without undue delay, in the same manner as the Seller has received it from the Buying Consumer.
6.
In addition to the cases provided for by law, the Seller is also entitled to withdraw from the Contract in the event of an obvious error in the price of the goods (in particular, if the Buyer orders goods at a price published in error due to an error in the information system of the Seller or its employees). It is possible to withdraw from the Contract under this clause (even after the Buyer has received an e-mail confirming his Order) within 14 day from the day following the date of conclusion of the Contract, provided that the Seller sends the withdrawal from the Contract (cancellation of the Order) to the Buyer at the Buyer's address. If the Buyer has paid at least a part of the purchase price of the goods, this amount will be refunded to the Buyer without undue delay, in the same way as the Seller has received it from the Buyer.
 
VI.
Transport and delivery of goods 
1.
The Seller arranges or mediates the method of delivery/transportation according to the current availability of individual services and with regard to capacity and accessibility. In the event of force majeure or information system failure, the Seller shall not be liable for late delivery of goods. The offered method of transport, its current conditions and prices are indicated in the order form (Basket). 
2.
The Buyer will be informed by the Seller of the estimated time of delivery of the ordered goods when ordering the goods. The length of delivery of the ordered goods and the price of transport depends on the size of the ordered goods, transport options and the chosen place of delivery of the goods.  The Buyer acknowledges that the estimated delivery time may change depending on the logistic possibilities of the Seller and the carriers.
3.
If it is not agreed how the goods are to be packed, the Seller shall pack the goods according to custom; if not, then in a manner necessary for the preservation and protection of the goods. The Seller shall provide the goods for carriage in the same manner.
4.
When collecting goods paid in advance, the Seller or his contractual partner or carrier may require the presentation of identification (ID card or passport) and in the case of the Buyer - a legal person, proof of the relationship of the person taking over to the Buyer - a legal person, in order to prevent damage and prevent the legalization of proceeds of crime. Without the presentation of any of these documents, the Seller or its contractual partner or carrier is entitled to refuse to deliver the goods.
5.
If the method of transport is agreed upon 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.
If the Seller is obliged under the 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.
7.
In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way 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 a different method of delivery.
8.
The risk of damage to the goods passes to the Buyer upon acceptance of the goods. The same consequence shall apply if the Buyer does not take over the goods although the Seller has allowed him to dispose of them.
9.
Damage to the goods occurring after the transfer of the risk of damage to the goods to the Buyer does not affect the Buyer's obligation to pay the purchase price, unless the Seller caused the damage through a breach of his obligation. 
10.
The default of a party to take delivery of the goods shall entitle the other party to sell the goods by appropriate means on the account of the seller after giving the seller a reasonable additional period of time to take delivery. This shall also apply if the party is in default of the payment which is conditional upon the handing over of the goods.
 
 
VII.
Rights from defective performance and complaints procedure 
1.
The rights and obligations of the contracting parties with regard to the 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.
2.
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:
 

1. the goods have the characteristics agreed between the parties and, in the absence of an 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,
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,
3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
4. the goods are in the appropriate quantity, measure or weight; and
5. the goods comply with the requirements of the legislation.

 
If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
3.
The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance continue. The Buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt of the goods, unless a longer warranty period has been agreed in the Contract. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in the advertising in accordance with the law, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightfully accused the Seller of a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods. In the event that the claim is settled by replacement, no new warranty for the goods shall run. The original warranty continues.
4.
The provisions set out in Article VII.3 of these GTC shall not apply 
 

1. for goods sold at a lower price, the defect for which the lower price was agreed,
2. for wear and tear caused by normal use of the goods, 
3. in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear that the goods had on receipt by the Buyer, or 
4. if the nature of the goods so requires. 

5.
The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the goods that the goods have a defect or if the Buyer caused the defect himself.
6.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the condition of the shipment together with the carrier (number of packages, intactness of the packaging of the goods and the tape with the company logo, damage to the box) according to the enclosed delivery note. The Buyer is entitled to refuse to accept a shipment that is not in conformity with the Contract, e.g. because the shipment is incomplete or damaged (e.g. a breach of the packaging indicating unauthorized entry into the shipment). This is without prejudice to the Buyer's rights under liability for defects in the goods and other rights of the Buyer under generally binding legal regulations. If the Buyer accepts such damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report. The incomplete or damaged shipment must be immediately notified to the Seller at the Seller's e-mail address, a damage report must be drawn up with the carrier and sent to the Seller by e-mail or by post without undue delay. An additional claim of incompleteness or external damage to the shipment does not deprive the Buyer of the right to claim the goods, but gives the Seller the opportunity to prove that there is no breach of the Contract. Furthermore, the Buyer shall check the completeness of the goods and their condition on the day of receipt, in particular that the packaging contains everything it should contain. Incomplete or damaged goods must be reported immediately to the Seller's e-mail address.
7.
The rights of liability for defects in the goods shall be exercised with the Seller at the Delivery Address. However, if the certificate issued by the Seller regarding the scope of the rights of liability for defects pursuant to Section 2166 of the Civil Code indicates another person designated for repair, which is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise the right to repair at the person designated to carry out the repair. 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 and what method of settlement of the claim the Buyer requires; as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim. This obligation also applies to other persons designated by the Seller to carry out the repair. The confirmation shall be sent to the Buyer by email to the Buyer's address immediately upon receipt of the claim, in the case of a personal claim it shall be forwarded immediately upon the Buyer's request. The written confirmation serves only as proof of receipt of the claim. The condition in which the Buyer has handed over the goods to the Seller will be assessed as part of the complaint procedure. The Buyer acknowledges that he/she is aware that if he/she fails to deliver the claimed goods including all accessories received, then in the event of the Buyer's withdrawal from the Contract, the Buyer will be refunded the purchase price less the price of the undelivered accessories. The Buyer may specifically exercise the rights of liability for defects in the goods, in particular in person at the Delivery Address, by telephone at the number indicated in the header of these GTC or by electronic mail to the Seller's e-mail address or in writing by letter sent to the Delivery Address.
8.
The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the goods do not have the characteristics set out in Article VII of 2these GTC, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the Contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer shall be entitled to have the defect remedied free of charge. The Buyer shall also have the right to delivery of new goods or replacement of parts in the case of a removable defect if the goods cannot be used properly due to the recurrence of the defect after repair (third claim for the same defect) or due to a greater number of defects (at least 3 defects at the same time). In this case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the Contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer considerable difficulties to remedy the defect. Upon delivery of the new goods, the Buyer shall return to the Seller the goods as originally delivered, including any accessories supplied.
9.
If the Buyer did not notify the defect of the goods without undue delay after he could have discovered it with timely inspection and sufficient care, the court shall not grant him the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two years after the goods were handed over.
10.
The Buyer acknowledges that he/she is obliged to provide the Seller with the necessary cooperation necessary for the settlement of the claim, otherwise the time limits are adequately extended by the time in which the Buyer did not provide the required cooperation.
11.
Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. These costs are understood to be the least necessary. In particular, the postage costs for sending the claim. These costs need not include the cost of travelling by car to lodge the claim, express transport and other similar costs. If the Buyer fails to assert the right to reimbursement within one month after the expiry of the period within which the defect must be brought to light, the court shall not grant the right if the Seller argues that the right to reimbursement was not asserted in time.
12.
The Buyer does not need a warranty certificate to make a claim. As a proof of warranty, the Seller issues a proof of purchase (invoice - tax document) for each purchased goods with the legally specified data required for the application of the warranty (especially the name of the goods, price, quantity, serial number). At the Buyer's express request, the Seller shall provide the warranty in the form of a warranty certificate. However, as a standard, if the nature of the item allows it, the Seller shall issue the Buyer only a proof of purchase of the goods instead of a warranty certificate. If this is necessary in exceptional cases with regard to the warranty provided, the Seller shall explain the content of the warranty in a comprehensible manner in the warranty certificate, indicating its scope, conditions, period of validity and the manner in which claims arising from it may be asserted. The Seller shall also state in the guarantee that the provision of the guarantee shall not affect the Buyer's rights relating to the purchase of the goods.
13.
The rights of liability for defects in the goods for which the quality guarantee applies shall be extinguished if they have not been exercised within the guarantee period.
14.
By breaking the protective seal, informative sticker or serial number of the goods, the Buyer runs the risk of rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the goods and in no way restrict the Buyer's right to use and handle the goods to the full extent of what they are intended for.
15.
The warranty does not cover damage to the goods caused (if such activity is not normal):

1. mechanical damage to the goods,
2. electrical surges (visibly burnt components or circuit boards) except for normal deviations,
3. using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment that is directly intended by the Seller or the manufacturer,
4. improper installation, handling, operation or neglect of the goods,
5. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
6. by performing unqualified intervention or changing parameters,
7. goods that have been modified by the customer (painting, bending, etc.), if the defect has arisen as a result of this modification,
8. damage from the elements or force majeure,
9. using incorrect or faulty software,
10. the use of incorrect or non-original consumables, nor for any damage resulting therefrom, unless such use is customary and has been excluded in the enclosed instructions for use.

 
These limitations do not apply if the characteristics of the goods that are contrary to the above conditions have been expressly agreed between the Buyer and the Seller, exchanged or declared by the Seller, or can be expected due to the usual way of using the goods. The Seller shall have the right to reject a claim for goods in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for claim.
16.
Goods submitted for complaint will be tested only for the defect indicated by the Buyer (in the complaint form, in the attached defect description sheet). 
17.
If the claim is rejected and if the Buyer agrees to pay for the repair, the repair will be charged according to the current valid price list of the authorized service. Before the paid repair is carried out, the Buyer shall be informed of the price of the repair, its scope and the time required for its execution, and the repair shall be carried out within 50 days from the day following the receipt of the goods by the Seller and the agreement of the repair price. A paid repair can only be carried out after the Buyer's express consent (or on the basis of a concluded service contract).
18.
The Buyer hereby acknowledges that the Seller does not carry out paid repairs, only mediates them with authorized service providers, or provides communication, transport, etc. The Seller is not responsible for the repair.
19.
If the Buyer is a Consumer, then the Seller decides 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 Seller shall settle the Buyer's Consumer's complaint, including the removal of the defect, without undue delay, no later than 30 days after the complaint is filed. The period of 30 days may be extended after the claim has been submitted by agreement with the Buyer Consumer - such extension shall not be for an indefinite or unreasonably long period. After the expiry of the time limit or the extended time limit, the defect in the goods shall be deemed to have actually existed and the Buyer Consumer shall have the same rights as if it were a defect that could not be remedied. If the Buyer is not a Consumer, the Seller shall settle the claim in the manner and within the time limits according to the Civil Code. These arrangements are without prejudice to the statutory time limit for exercising rights arising from defective performance. 
20.
After handling the complaint, the Seller informs the Buyer of its termination either by e-mail or by phone. If the goods have been sent by a shipping service, they will be automatically sent to the Buyer's address after processing. The Buyer is obliged to check the goods received and their compliance with the dispatch protocol of the claim. The Buyer shall also check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain. Later objections shall no longer be taken into account.
21.
The Buyer is obliged to take over the claimed goods without undue delay, but no later than 30 days from the date on which he was informed of the claim, but this period shall not expire earlier than 60 days from the date of filing the claim. In the event that the claimed goods are not taken over by the Buyer no later than on the last day of the aforementioned period, the Buyer is obliged to pay the Seller after the expiration of the period a storage fee for the storage of the goods in the amount of CZK 25, - without VAT for each day of delay. If the Buyer does not collect the goods from the settled claim within 6 months from the date of being informed about the settlement, the Seller is entitled to sell the goods and use the proceeds to pay the storage fee.
22.
If the subject of the purchase is consumables (e.g. batteries, various types of lighting, toner, print roller, projector lamp, etc.) or if these consumables are part of the purchased goods, the "lifetime" guarantee shall apply instead of the quality guarantee. The Seller is obliged to indicate the durability of the goods offered, otherwise the durability cannot be invoked. The service life may be indicated in terms of time, number of uses, number of printed tents or otherwise similarly specified. More than one of these durabilities may be indicated for the goods. To successfully make a claim, all of the stated conditions must be complied with. The Buyer's right to claim the goods within the statutory warranty period is not affected. However, the Buyer must take into account the above-mentioned facts, as the warranty does not cover wear and tear caused by normal use of the goods and cannot be confused with the lifetime of the product. 
23.
The Buyer The Consumer acknowledges that if gifts are provided together with the goods, the right to claim the defect within 24 months can be exercised only for the sold goods, but not for gifts provided together with the goods. For such gifts, the Buyer Consumer is only entitled to exercise the rights of defective performance within 14 days from the date of receipt of the goods. A Buyer who is not a Consumer is not entitled to exercise rights of defective performance in respect of gifts.
 
 
VIII.
Personal data protection 
1.
The privacy policy can be found in the document available here. This document is an integral part of these GTC.
 
IX.
Other provisions 
1.
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. 
2.
Handling of Buyer-Consumer complaints is handled by the Seller via the Seller's e-mail address. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.
3.
All disputes arising under or in connection with this Agreement shall be decided by the competent courts of the Czech Republic. 
4.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://www.coi.cz/, is competent for the out-of-court settlement of consumer disputes arising from the Contract. 
5.
The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Contract. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
6.
The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
 
 
X.
Sending commercial communications, delivery, Cookies
1.
The Buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the Seller to the electronic address or telephone number of the Buyer. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document on Personal Data Protection.
2.
The Buyer agrees to have all documents and documents delivered to the Buyer's electronic address.
3.
The buyer agrees to the storage of cookies on his/her computer via the browser. In the event that it is possible to make a purchase on the Website and fulfil the Seller's obligations under the Contract without storing cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
 
XI.
FINAL PROVISIONS
1.
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.
2.
These GTC are valid and effective from the 1^st of May 2022. The GTC are available at any time at the Seller's registered office or electronically on the Website.