Trading Terms and Conditions

Trading Terms and Conditions

EURO SECURITY PRODUCTS s.r.o. (Ltd.)

  • registered office: Ke Střelnici 178, 250 85 Bašť (Praha-východ), Czech Republic; correspondence address (establishment): Hyacintová 3181/20, 106 00 Praha 10 – Záběhlice, Czech Republic

  • Identification Number: 64939120

  • Tax Identification Number: CZ64939120

  • registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 41977

  • tel.: +420 774 720 803

  • email: info@security-eshop.eu

 

Trading Terms and Conditions for the sale of goods through the online store located at the Internet address www.security-eshop.eu.

 

1. INTRODUCTORY PROVISIONS

1.1.  These trading terms and conditions (hereinafter referred to as the “Terms and Conditions”) of EURO SECURITY PRODUCTS s.r.o. (Ltd.), with its registered office at Ke Střelnici 178, 250 85 Bašť (Praha-východ), Czech Republic, Identification Number: 64939120, Tax Identification Number: CZ64939120, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 41977 (hereinafter referred to as the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting 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 or legal person (hereinafter referred to as the “Purchaser”) through the Seller’s online store. The online store is operated by the Seller at www.security-eshop.eu through a web interface (hereinafter referred to as the “Shop Web Interface”).

1.2.  These Terms and Conditions distinguish between the rights and obligations of Purchasers who act as consumers in their dealings with the Seller (hereinafter referred to as the “Consumer Purchaser”) and those who are not consumers (hereinafter referred to as the “Business Purchaser”). A Consumer Purchaser means any natural person who, outside the scope of their business activities or independent professional practice, concludes a contract with, or otherwise deals with, a business undertaking. A Business Purchaser means any person who is not considered a Consumer Purchaser. Where these Terms and Conditions govern certain rights and obligations jointly and identically for Consumer Purchasers and Business Purchasers, both are referred to as the “Purchaser”.

1.3.  These Terms and Conditions also govern the rights and obligations of the contracting parties when using the Seller’s website located at www.security-eshop.eu (hereinafter referred to as the “Website”) and other related legal relationships.

1.4.  Provisions that differ from these Terms and Conditions may be agreed in the Purchase Contract. Any differing arrangements in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.

1.5.  The provisions of these Terms and Conditions form an integral part of the Purchase Contract. These Terms and Conditions are drawn up in the English language. The Purchase Contract may be concluded in either Czech or English.

1.6.  The Seller may amend or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the period in which the previous version of the Terms and Conditions was effective.

 

2. USER ACCOUNT

2.1.  Following registration on the Website, the Purchaser may access their user interface (hereinafter referred to as the “User Account”). The Purchaser may place orders for goods through their User Account. The Purchaser may also order goods directly through the Shop Web Interface without registering.

2.2.  When registering on the Website and ordering goods, the Purchaser is obliged to provide accurate and truthful information. The Purchaser is obliged to update the information in their User Account whenever it changes. The Seller shall consider the information provided by the Purchaser in their User Account and when ordering goods to be correct.

2.3.  Access to the User Account is secured by a username and password. The Purchaser is obliged to keep confidential the information necessary to access their User Account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Purchaser.

2.4.  The Purchaser is not entitled to allow third parties to use their User Account.

2.5.  The Seller may cancel a User Account, particularly if the Purchaser has not used the User Account for more than two (2) years or if the Purchaser breaches their obligations under the Purchase Contract (including these Terms and Conditions).

2.6.  The Purchaser acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software or necessary maintenance of the hardware and software of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1.  All presentations of goods on the Shop Web Interface are for information purposes only, and the Seller is not obliged to enter into a Purchase Contract for such goods. Section 1732(2) of the Civil Code shall not apply.

3.2.  The Shop Web Interface contains a list of goods, including the prices of individual items and the costs of returning goods which, by their nature, cannot be returned by ordinary post. The prices of goods include value added tax and all related charges. The prices remain valid for as long as they are displayed on the Shop Web Interface. The prices of goods are not personalised for the Purchaser on the basis of automated decision-making. This provision does not restrict the Seller’s ability to conclude a Purchase Contract on individually agreed terms.

3.3.  The Shop Web Interface also contains information on the costs of packaging and delivery of goods. Where the Seller offers free delivery, the Purchaser becomes entitled to free delivery only if the total purchase price of the goods to be delivered reaches the minimum amount specified on the Shop Web Interface. If the Purchaser partially withdraws from the Purchase Contract and the total purchase price of the goods in respect of which the Purchaser has not withdrawn from the contract falls below the minimum required for free delivery under the preceding sentence, the Purchaser’s entitlement to free delivery shall cease, and the Purchaser shall be obliged to pay the Seller the cost of delivery.

3.4.  To order goods, the Purchaser shall complete the order form on the Shop Web Interface. The order form contains, in particular:

  • information about the goods ordered (the Purchaser adds the selected goods to the electronic shopping cart on the Shop Web Interface),

  • information on the method of payment of the purchase price and details of the requested method of delivery of the goods ordered,

  • details of the Purchaser, including their telephone number and email address,

  • information on the costs of delivering the goods, if charged to the Purchaser
    (hereinafter collectively referred to as the “Order”).

3.5.  Before submitting the Order to the Seller, the Purchaser may review and amend the information entered in the Order, including identifying and correcting errors made when entering data. The Purchaser submits the Order to the Seller by clicking the “Order and Pay” button. The Seller shall consider the information stated in the Order to be correct. The Seller shall promptly confirm receipt of the Order to the Purchaser by email at the email address specified in the user interface or the Order (hereinafter referred to as the “Purchaser’s Email Address”). Such confirmation does not in itself constitute acceptance of the Order. The Purchase Contract is concluded upon delivery to the Purchaser of confirmation that the Order has been accepted. The Seller is not obliged to accept an Order, particularly if stock is exhausted or the Seller loses the ability to perform. Any amendments or additions to the Purchase Contract must be made in writing.

3.6.  Before accepting the Order, the Seller is entitled, depending on its nature (quantity of goods, purchase price, anticipated delivery costs), to request additional confirmation of the Order from the Purchaser (for example, in writing or by telephone).

3.7.  The Purchaser agrees to the use of means of distance communication when concluding the Purchase Contract. Any costs incurred by the Purchaser when using means of distance communication in connection with the conclusion of the Purchase Contract (Internet connection charges and telephone call charges) shall be borne by the Purchaser, and such costs shall not differ from the basic rate.

 

4. PRICES OF GOODS AND PAYMENT TERMS

4.1.  The Purchaser may pay the Seller the purchase price of the goods and any delivery costs under the Purchase Contract by the following methods:

  • in cash or by payment card upon personal collection at the Seller’s establishment at Hyacintová 3181/20, 106 00 Praha 10 – Záběhlice,

  • by cashless payment using a MasterCard, VISA, Diners Club or American Express payment card via the Internet,

  • by bank transfer to the Seller’s bank account No. 179171976 
    held with Československá obchodní banka, a. s., Radlická 333/150, 150 57 Praha 5, Czech Republic 
    IBAN: CZ60 0300 0000 0001 7917 1976 
    BIC/SWIFT: CEKOCZPP 
    Bank code: 0300 
    (hereinafter referred to as the “Seller’s Account”).

4.2.  Along with the purchase price, the Purchaser is obliged to pay the Seller the agreed costs of packaging and delivery of the goods. For the purposes of the following provisions of these Terms and Conditions, unless expressly stated otherwise, the term “purchase price” shall be understood to include both the price of the goods and any applicable delivery costs.

4.3.  For cash or card payments made upon personal collection, the purchase price is payable upon receipt of the goods. In the case of payment by bank transfer, the purchase price is payable within five (5) working days of the conclusion of the Purchase Contract. In the case of online payment by payment card, the purchase price is payable when the payment is made through the payment gateway. If the purchase price is not credited to the Seller’s Account within the relevant period, the Seller is entitled to withdraw from the Purchase Contract.

4.4.  In the case of payment by bank transfer, the Purchaser is obliged to pay the purchase price of the goods using the variable payment symbol stated in the Order confirmation. In the case of payment by bank transfer, the Purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s Account. In the case of online card payment, this obligation is fulfilled when the payment gateway confirms successful completion of the payment.

4.5.  Depending on the nature of the Order (quantity of goods, purchase price, anticipated delivery costs, etc.), the Seller is entitled to require payment of the full purchase price before dispatching the goods to the Purchaser. In such a case, the purchase price is payable within five (5) working days after the Purchaser receives the Seller’s request for payment. Section 2119(1) of the Civil Code shall not apply.

4.6.  Any discounts on the price of goods granted by the Seller to the Purchaser may not be combined.

4.7.  After the price of the goods has been paid, the Seller shall issue a tax document (invoice) to the Purchaser and send it electronically to the Purchaser’s Email Address or provide it to the Purchaser with the shipment or upon personal collection of the goods. The Seller is registered for value added tax. The Purchaser consents to the issuance of an electronic invoice within the meaning of Section 26(3) of Act No. 235/2004 Coll., on Value Added Tax, as amended. The Purchaser consents to the electronic issuance of a receipt.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT BY A CONSUMER PURCHASER

5.1.  The Consumer Purchaser acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of:

  • goods manufactured to the Purchaser’s specifications or customised to meet their personal needs,

  • goods which are liable to deteriorate rapidly or have a short shelf life, as well as goods which, by their nature, have been inseparably mixed with other goods after delivery,

  • goods delivered in sealed packaging which are not suitable for return for reasons of health protection or hygiene once the Purchaser has broken the seal, and

  • audio or video recordings or computer software delivered in sealed packaging, if the Purchaser has broken the seal.

5.2.  Unless the case falls within Article 5.1 of these Terms and Conditions or another exception to the right of withdrawal, the Consumer Purchaser is entitled, in accordance with Section 1829(1) and (2) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days from the date on which the Consumer Purchaser or a third party designated by them, other than the carrier, takes possession of the goods, or of:

  • the last item of goods, where the Purchaser orders several items under a single Order and these are delivered separately,

  • the last item or part of a delivery consisting of several items or parts, or

  • the first delivery of goods, where the contract provides for regular delivery of goods over an agreed period.

5.3.  Notice of withdrawal from the Purchase Contract must be sent to the Seller within the period specified in Article 5.2 of these Terms and Conditions. The Purchaser may use the model withdrawal form provided by the Seller, which is an annex to these Terms and Conditions. The Purchaser may send the notice of withdrawal, among other methods, to the Seller’s registered office or to the Seller’s email address info@security-eshop.eu.

5.4.  In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Purchaser shall send or hand the goods back to the Seller without undue delay, and no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to collect the goods. The time limit in the preceding sentence is met if the Purchaser dispatches the goods before its expiry. If the Purchaser withdraws from the Purchase Contract, the Purchaser shall bear the costs of returning the goods to the Seller, including where the goods cannot, by their nature, be returned by ordinary post.

5.5.  In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of these Terms and Conditions, the Seller shall refund the funds received from the Purchaser within fourteen (14) days of the Purchaser’s withdrawal from the Purchase Contract, using the same method by which the Seller received them. The Seller may also refund the payment made by the Purchaser upon the return of the goods or by another method, provided that the Purchaser agrees and incurs no additional costs. If the Purchaser withdraws from the Purchase Contract, the Seller is not obliged to refund the funds received before the Seller has received the goods or the Purchaser has provided evidence of having sent the goods back, whichever occurs first. If the Consumer Purchaser chose a delivery method other than the least expensive method offered by the Seller, the Seller shall refund delivery costs only up to the amount corresponding to the least expensive delivery method offered.

5.6.  The Consumer Purchaser shall be liable to the Seller for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to establish their nature, characteristics and functioning. The Seller is entitled to set off any claim under the preceding sentence against the Consumer Purchaser’s claim for a refund of the purchase price.

5.7.  Where the Purchaser is entitled to withdraw from the Purchase Contract pursuant to Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, without giving a reason, until the Purchaser takes possession of the goods. In such a case, the Seller shall refund the purchase price to the Purchaser without undue delay by bank transfer to an account designated by the Purchaser.

5.8.  Where a gift is provided to the Consumer Purchaser together with the goods, the gift agreement between the Seller and the Consumer Purchaser is concluded subject to a resolutory condition whereby, if the Purchaser withdraws from the Purchase Contract, the gift agreement concerning that gift shall cease to have effect and the Consumer Purchaser shall be obliged to return the gift to the Seller together with the goods.

 

6. TRANSPORT AND DELIVERY OF GOODS

6.1.  The Purchaser shall specify the method of delivery of the goods in their Order and may choose between personal collection and delivery by a carrier. If a method of transport is agreed at the Purchaser’s special request, the Purchaser shall bear the risk and any additional costs associated with that method of transport.

6.2.  In the case of personal collection, the goods shall be ready for collection no later than five (5) working days after conclusion of the contract. If the Seller is unable to prepare the goods for collection within this period, the Seller shall promptly inform the Purchaser so that the parties may agree on further action. In such a case, the Purchaser is entitled to withdraw from the contract. The Purchaser shall be notified when the goods are ready for collection by means of a collection notice. The Purchaser is obliged to collect the ordered goods from the Seller’s establishment within ten (10) days after receipt of the collection notice. Personal collection is available on working days, Monday to Thursday from 8:00 to 16:00 and Friday from 8:00 to 15:00. If the Purchaser fails to collect the ordered goods within ten (10) days, the Seller is entitled to withdraw from the contract.

6.3.  Where goods are delivered by a carrier with payment by bank transfer to the Seller’s Account, the Seller shall dispatch the ordered goods to the address specified by the Purchaser in the Order within five (5) working days after the purchase price has been credited to the Seller’s Account. If the Seller is unable to dispatch the goods within this period, the Seller shall promptly inform the Purchaser so that the parties may agree on further action. In such a case, the Purchaser is entitled to withdraw from the contract.

6.4.  Where the Seller is obliged under the Purchase Contract to deliver the goods to a location specified by the Purchaser in the Order, the Purchaser is obliged to accept the goods upon delivery.

6.5.  If, for reasons attributable to the Purchaser, the goods have to be delivered repeatedly or by a method other than that stated in the Order, the Purchaser is obliged to pay the costs of repeated delivery or the costs associated with the alternative method of delivery. If, for reasons attributable to the Purchaser, it is not possible to deliver the goods to the address provided by the Purchaser in the Order, the Seller is entitled to withdraw from the contract.

6.6.  When accepting goods from a carrier, the Purchaser is obliged to inspect the packaging for damage and to report any defects immediately to the carrier. If damage to the packaging indicates unauthorised interference with the shipment, the Purchaser is not obliged to accept the shipment from the carrier. This shall not affect the Purchaser’s rights arising from liability for defects in the goods or any other rights under generally binding legal regulations.

 

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1.  The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the applicable generally binding legal regulations, in particular Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code. Where the Purchaser is a consumer, the parties’ rights and obligations are also governed, in particular, by Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2.  The Seller is liable to the Consumer Purchaser for ensuring that the goods are free from defects upon receipt. In particular, the Seller is liable to the Consumer Purchaser for ensuring that, at the time the Consumer Purchaser takes possession of the goods, the goods:

  • conform to the agreed description, type and quantity, as well as the agreed quality, functionality, compatibility, interoperability and other agreed characteristics,

  • are suitable for the purpose for which the Consumer Purchaser requires them and to which the Seller has agreed, and

  • are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

7.3.  In addition to the agreed characteristics, the Seller is liable to the Consumer Purchaser for ensuring that:

  • the goods are suitable for the purpose for which goods of this kind are normally used, taking into account third-party rights, legal regulations, technical standards or, where no technical standards exist, the relevant industry codes of conduct,

  • the quantity, quality and other characteristics of the goods, including their durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same kind which the Consumer Purchaser may reasonably expect, taking into account public statements made by the Seller or another person in the same contractual chain, particularly in advertising or labelling, unless the Seller proves that it was unaware of the statement, that the statement had been corrected by the time the Purchase Contract was concluded in a manner at least comparable to the manner in which it was made, or that the statement could not have influenced the purchasing decision,

  • the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the Consumer Purchaser may reasonably expect, and

  • the goods correspond in quality or workmanship to the sample or model provided by the Seller to the Consumer Purchaser before conclusion of the Purchase Contract.

7.4.  The Seller shall not be bound by a public statement referred to in the second bullet point of Article 7.3 of these Terms and Conditions if the Seller proves that it was unaware of the statement, that the statement had been corrected by the time the contract was concluded in a manner at least comparable to the manner in which it was made, or that the statement could not have influenced the purchasing decision. Article 7.3 of these Terms and Conditions shall not apply if, before conclusion of the Purchase Contract, the Seller specifically informed the Consumer Purchaser that a particular characteristic of the goods differed and the Consumer Purchaser expressly agreed to that difference when concluding the Purchase Contract.

7.5.  The Seller is also liable to the Consumer Purchaser for a defect caused by incorrect assembly or installation performed by the Seller or under the Seller’s responsibility pursuant to the Purchase Contract. This also applies where the assembly or installation was performed by the Consumer Purchaser and the defect resulted from inadequate instructions provided by the Seller for that purpose.

7.6.  If a defect becomes apparent within one (1) year of receipt, it shall be presumed that the goods were defective upon receipt, unless the nature of the goods or the defect precludes such a presumption. This period shall be suspended for any time during which the Consumer Purchaser is unable to use the goods, provided that the Consumer Purchaser has duly notified the defect.

7.7.  The Consumer Purchaser may report a defect that becomes apparent in the goods within two (2) years of receipt.

7.8.  The Consumer Purchaser shall not be entitled to rights arising from defective performance if the defect was caused by the Consumer Purchaser (in particular through improper handling of the product, inadequate maintenance or failure to follow the instructions for use). Wear and tear resulting from normal use or, in the case of used goods, wear and tear corresponding to their previous use shall not constitute a defect. The Consumer Purchaser shall not be entitled to rights arising from defective performance if the defect was caused by an external event after the risk of damage to the goods passed to the Consumer Purchaser. This shall not apply if the defect was caused by the Seller.

7.9.  If the goods are defective, the Consumer Purchaser may request that the defect be remedied. At their discretion, the Consumer Purchaser may request the delivery of new goods free from defects or repair of the goods, unless the chosen remedy is impossible or disproportionately costly compared with the other remedy; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have without the defect and whether the alternative remedy could be provided without significant inconvenience to the Consumer Purchaser. The Seller may refuse to remedy the defect if doing so is impossible or disproportionately costly, particularly in view of the significance of the defect and the value the goods would have without the defect.

7.10.  The Seller shall remedy the defect within a reasonable period after it has been reported and without causing significant inconvenience to the Consumer Purchaser, taking into account the nature of the goods and the purpose for which the Consumer Purchaser purchased them. The Seller shall take possession of the goods for the purpose of remedying the defect at the Seller’s expense. If this requires the removal of goods that were installed in accordance with their nature and purpose before the defect became apparent, the Seller shall remove the defective goods and install the repaired or replacement goods, or reimburse the related costs.

7.11.  The Consumer Purchaser may request a reasonable reduction in the purchase price (determined as the difference between the value of defect-free goods and the defective goods received by the Consumer Purchaser) or withdraw from the Purchase Contract if:

  • the Seller has refused to remedy the defect or has failed to remedy it in accordance with Article 7.10 of these Terms and Conditions,

  • the defect occurs repeatedly,

  • the defect constitutes a material breach of the Purchase Contract, or

  • it is apparent from the Seller’s statement or the circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to the Consumer Purchaser.

7.12.  If the defect in the goods is insignificant, the Consumer Purchaser may not withdraw from the Purchase Contract (within the meaning of Article 7.11 of these Terms and Conditions); it shall be presumed that the defect is not insignificant. If the Consumer Purchaser withdraws from the Purchase Contract, the Seller shall refund the purchase price to the Consumer Purchaser without undue delay after receiving the goods or receiving evidence from the Consumer Purchaser that the goods have been dispatched.

7.13.  A defect may be reported to the Seller from whom the goods were purchased. However, if another person has been designated to carry out repairs and is located at the Seller’s premises or at a location closer to the Consumer Purchaser, the Consumer Purchaser shall report the defect to the designated repair provider. Until the Seller fulfils its obligations arising from defective performance, the Consumer Purchaser is not obliged to pay the outstanding purchase price or any part thereof.

7.14.  Except where another person has been designated to carry out repairs, the Seller is obliged to accept complaints at any establishment where acceptance of the complaint is possible having regard to the range of products sold or services provided, or at the Seller’s registered office. Upon submission of a complaint, the Seller is obliged to issue a written acknowledgment to the Consumer Purchaser specifying the date on which the Consumer Purchaser submitted the complaint, its subject matter, the manner in which the Consumer Purchaser requests that the complaint be resolved, and the Consumer Purchaser’s contact details for the purpose of providing information on the resolution. This obligation also applies to other persons designated to carry out repairs.

7.15.  The complaint, including the remedying of the defect, must be resolved, and the Consumer Purchaser informed thereof, no later than thirty (30) days after the complaint was submitted, unless the Seller and the Consumer Purchaser agree on a longer period.

7.16.  If the period specified in Article 7.15 of these Terms and Conditions expires without resolution, the Consumer Purchaser may withdraw from the Purchase Contract or request a reasonable reduction in the purchase price.

7.17.  The Seller is obliged to provide the Consumer Purchaser with confirmation of the date and manner in which the complaint was resolved, including confirmation that repairs were performed and the time they took, or, where applicable, a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out repairs.

7.18.  The Consumer Purchaser may exercise rights arising from liability for defects in goods, in particular, in person at Hyacintová 3181/20, 106 00 Praha 10 – Záběhlice, by telephone at +420 774 720 803, or by email at info@security-eshop.eu. The Consumer Purchaser must demonstrate that the goods were purchased from the Seller, for example by providing proof of purchase, a statement from the Consumer Purchaser’s bank account, or other credible evidence.

7.19.  Any person entitled to rights arising from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising those rights. However, if the Consumer Purchaser fails to claim reimbursement within one month after expiry of the period within which the defect must be reported, the court shall not award reimbursement if the Seller objects that the claim for reimbursement was not submitted in time. Rights arising from defective performance do not preclude a claim for damages; however, relief obtainable through the exercise of rights arising from defective performance may not be claimed on any other legal basis.

7.20.  Further rights and obligations of the parties relating to the Seller’s liability for defects may be governed by the Seller’s Complaints Procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1.  The Purchaser acknowledges that the software and other elements comprising the Shop Web Interface (including photographs of the goods offered) are protected by copyright. The Purchaser undertakes not to engage in any activity that could enable the Purchaser or third parties to interfere with or use the software or other elements comprising the Shop Web Interface without authorisation.

8.2.  When using the Shop Web Interface, the Purchaser is not entitled to employ mechanisms, software or other procedures that could adversely affect its operation. The Shop Web Interface may be used only to an extent that does not prejudice the rights of the Seller’s other customers and is consistent with its intended purpose.

8.3.  The Purchaser acknowledges that the Seller shall not be liable for errors arising from interference with the Website by third parties or from use of the Website contrary to its intended purpose.

8.4.  The Purchaser acquires title to the goods upon payment of the full purchase price.

8.5.  The Seller is not bound, in relation to the Purchaser, by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

8.6.  The Consumer Purchaser may submit a complaint about the Seller’s conduct to the public benefit corporation dTest, o.p.s., with its registered office at Černomořská 419/10, 101 00 Praha 10 – Vršovice, Identification Number: 45770760, via the website www.vasestiznosti.cz.

8.7.  The Purchaser may submit a complaint to a supervisory or state regulatory authority. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out by the competent trade licensing authority within the scope of its powers. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within its statutory remit, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other matters.

8.8.  The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 120 00 Praha 2, Identification Number: 000 20 869, website: https://coi.gov.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr, is the competent body for out-of-court settlement of consumer disputes arising from the Purchase Contract. The Consumer Purchaser is entitled to submit an application for such settlement within one (1) year from the date on which the Consumer Purchaser first asserted the right at issue against the Seller.

8.9.  The Purchaser hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

 

9. PERSONAL DATA PROTECTION, COMMERCIAL COMMUNICATIONS AND COOKIES

9.1.  The Seller is the controller of the personal data of the Purchaser and other natural persons whose personal data are processed in connection with the operation of the online store. The Seller processes personal data in accordance with Regulation (EU) 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 (hereinafter referred to as the “GDPR”), Act No. 110/2019 Coll., on Personal Data Processing, and other applicable legal regulations. The Seller may be contacted on personal data protection matters at its registered office, by telephone or by email using the contact details specified in these Terms and Conditions.

9.2.  Depending on how the online store is used, the Seller processes, in particular, the Purchaser’s first name and surname, billing and delivery addresses, email address, telephone number, details of goods ordered, details of orders, payments and complaints and, where necessary in view of the Purchaser’s status or the nature of the Order, also the Identification Number and Tax Identification Number. In connection with payment refunds, the Seller may also process the Purchaser’s bank account details. When the Website is used, technical data relating to its use and data obtained through cookies and similar technologies may also be processed.

9.3.  The Seller processes personal data necessary for the conclusion and performance of the Purchase Contract on the basis of Article 6(1)(b) of the GDPR, for the purposes of taking steps prior to conclusion of the Purchase Contract, processing the Order, concluding and performing the Purchase Contract, delivering the goods, processing payments, maintaining the User Account, handling withdrawals from the Purchase Contract, resolving complaints and conducting other communications with the Purchaser in connection with the Purchase Contract.

9.4.  The Seller also processes personal data on the basis of Article 6(1)(c) of the GDPR to the extent necessary to comply with legal obligations applicable to the Seller, particularly obligations arising from legal regulations governing accounting, taxation, consumer protection and the handling of complaints.

9.5.  The Seller may also process personal data on the basis of Article 6(1)(f) of the GDPR where such processing is necessary for the purposes of its legitimate interests, particularly to protect and enforce legal claims, protect the Seller’s property and rights, prevent fraudulent or abusive conduct and ensure the security of the online store. A data subject has the right to object to processing based on legitimate interests under the conditions laid down in the GDPR.

9.6.  Provision of personal data necessary for the conclusion and performance of the Purchase Contract or for compliance with the Seller’s legal obligations is a contractual or statutory requirement. Without such data, it may not be possible to conclude or properly perform the Purchase Contract. Provision of personal data for marketing purposes is not a condition for concluding the Purchase Contract or creating or using a User Account.

9.7.  The Seller retains personal data for the period necessary to fulfil the purpose for which they were collected. Data processed for the conclusion and performance of the Purchase Contract are retained for the duration of the contractual relationship and thereafter for the period necessary to protect and enforce the legal claims of the Seller or Purchaser. Personal data contained in accounting and tax records are retained for the period prescribed by applicable legal regulations. Tax documents are retained for ten (10) years from the end of the tax period in which the supply took place. Personal data processed on the basis of consent are retained for the duration of the relevant processing purpose, but no longer than until consent is withdrawn, unless a shorter period is specified for the particular purpose.

9.8.  To the extent necessary, personal data may be disclosed to persons providing the Seller with services relating to the operation of the online store and performance of Purchase Contracts, in particular operators of information and hosting systems, payment service providers, carriers and collection point operators, accountants and tax advisers, legal service providers and other suppliers providing essential technical or administrative services to the Seller. Personal data may also be disclosed to public authorities where required by law or where necessary to protect the Seller’s rights.

9.9.  The Seller does not transfer personal data to third countries outside the European Economic Area or to international organisations unless such a transfer is necessary in connection with the use of a particular service or supplier. If such a transfer takes place, the Seller shall ensure compliance with the conditions laid down in Chapter V of the GDPR, in particular that the transfer is based on an adequacy decision or appropriate safeguards under the GDPR.

9.10.  Subject to the conditions laid down in the GDPR, a data subject has the right to request from the Seller access to their personal data, rectification or erasure of such data, restriction of processing and data portability. The data subject also has the right to object to processing based on legitimate interests and, where processing is based on consent, to withdraw that consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9.11.  If a data subject believes that the processing of their personal data breaches legal regulations, they have the right to lodge a complaint with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Praha 7, website www.uoou.gov.cz.

9.12.  The Seller may send commercial communications by electronic means to persons who have given prior consent to receive them, subject to the conditions set out in Act No. 480/2004 Coll., on Certain Information Society Services. Consent to receive commercial communications is voluntary and is not a condition for concluding the Purchase Contract.

9.13.  Where the Seller has obtained a customer’s electronic mail contact details in connection with the sale of goods or services, the Seller may, in accordance with Section 7(3) of Act No. 480/2004 Coll., use those details to send commercial communications concerning its own similar products or services, provided that the customer did not initially object to such use. The customer must be given a simple and free means of opting out of commercial communications when the electronic contact details are obtained and subsequently in each individual commercial communication.

9.14.  Every commercial communication sent by the Seller shall be clearly identified as a commercial communication, shall not conceal or disguise the identity of the sender and shall contain a valid address or another functional means allowing the recipient to refuse further commercial communications directly and effectively. The conditions for disseminating commercial communications are governed in particular by Section 7 of Act No. 480/2004 Coll.

9.15.  The Website uses cookies and similar technologies. Cookies necessary for the proper functioning of the Website, for transmission over an electronic communications network or for providing a service expressly requested by the user may be used without the user’s prior consent. The storage of or access to other cookies, particularly those used for analytical or marketing purposes, requires the user’s prior demonstrable consent. The Office for Personal Data Protection expressly distinguishes between technical cookies, for which consent is not required, and marketing or other non-technical cookies, which may be used only after consent has been obtained.

9.16.  Subject to the user’s consent, the Website may use marketing technologies, including the Sklik retargeting technology operated by Seznam.cz, a.s., to display advertisements to users who have previously shown an interest in the Seller’s products. Marketing cookies and similar technologies must not be activated before the user has given the relevant consent. The user must be able to refuse consent or subsequently amend or withdraw it as easily as it was given. Refusal of marketing cookies shall not affect the ability to conclude the Purchase Contract or the basic functionality of the online store.

9.17.  The user may manage their preferences concerning non-technical cookies through the cookie settings tool available on the Website. Information about the specific cookies used, their providers, purposes and lifetimes is made available to users through this tool before they give consent. Consent to the use of non-technical cookies is voluntary and may be withdrawn at any time.

 

10. FINAL PROVISIONS

10.1.  Where a relationship connected with the use of the Website or a legal relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This choice of law shall not deprive the Consumer Purchaser of the protection afforded by provisions of the law which cannot be derogated from by agreement and which would otherwise apply in the absence of a choice of law under 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).

10.2.  Legal relationships between the Seller and the Purchaser that are not expressly governed by these Terms and Conditions shall be governed in particular by the Civil Code.

10.3.  If any provision of these Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity of the remaining provisions.

10.4.  The Purchase Contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Purchaser.

10.5.  These Terms and Conditions shall take effect on 2 November 2026.

 
In Prague, on 2 November 2026