The operator of the online store www.jmb-brecka.cz:
Milan Břečka
Fišerova 1601
676 02 Moravské Budějovice
IČO: 12737496 / VAT number: CZ6302181281
Business license issued in Moravské Budějovice 11.12.2001 ID no. MB/011102 ID no. 37 1004-2824-00
The operator is a VAT payer
All contractual relationships are concluded in accordance with the legal system of the Czech Republic. Legal relationships that are not expressly regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
If the Buyer is a consumer (a person other than an entrepreneur who places an order or concludes a contract with the Seller as part of his business activity), the rights and obligations of the Seller and the Buyer are also governed by the provisions of § 2158 et seq. ObčZ ("Special provisions on the sale of goods in a shop") and, in the case of consumer buyers, also by Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "Zos").
II. Definition of terms
Consumer contract -contract for purchase, for work, for the provision of services, or other contracts according to the Civil Code, if the parties to the contract are on the one hand a consumer (a person other than an entrepreneur who places an order or concludes a contract with the seller as part of his business activity or as part of the independent exercise of his profession ) and on the other hand the supplier, or the seller.
Seller - operator of an online store - a person who, when concluding and fulfilling the contract, acts as part of his business or other business activity. This is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.
Buyer - consumer- a person who, when concluding and fulfilling the contract, is not acting within the scope of his business activity. It is a natural or legal person who buys products or uses services for a purpose other than doing business with these products or services.
A buyer who is not a consumer - an entrepreneur who purchases products or uses services as part of his business activity or as part of the independent exercise of his profession.
III. Processing of personal data and their use
Access to the e-shop may be conditional on the provision of some personal data of the buyer. In such a case, the Seller will handle this data in accordance with applicable legal regulations, especially in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended. Personal data will be fully secured against misuse.Data will be stored and not shared with third-party applications. The Seller may use the provided personal data beyond the scope of processing necessary for the conclusion and fulfillment of the contract only under the conditions specified below. The buyer acknowledges that the e-mail address provided by him, provided in connection with the purchase of a product or service, can be used to send commercial communications from the e-shop in accordance with Act No. 480/2004 Coll., as amended, offering a similar product or service . In the event that the addressee does not wish to receive further commercial communications, he can express his disapproval of the sending of commercial communications by sending an e-mail containing his objection to the sending of commercial communications to the e-shop's e-mail address.
IV. Order acceptance and processing, purchase contract
A condition for a valid electronic order is the filling in of all prescribed data and requirements listed in the order form. Before the Buyer definitively confirms the order, he will have the right to check the entire order and the entered data. If the Buyer agrees with the form of the order, the order will be sent for processing with final effect by pressing the order confirmation button. This submission is binding. The purchase contract is created by the sending of the order by the Buyer after choosing the transport and payment method and the acceptance of the order by the e-shop, the e-shop is not responsible for any errors during data transmission. The e-shop will immediately confirm the conclusion of the contract to the Buyer by sending an informative email to the email entered by the Buyer.
The seller reserves the right to cancel the order or part of it in the following cases:
- the goods are no longer manufactured or delivered or the price of the delivered goods has changed significantly.
If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, and the purchase contract will not be concluded.
The seller reserves the right to refuse to process an order for goods that are not available in the e-shop, as well as an order for goods that the manufacturer or supplier cannot supply (no longer produced, other colors cannot be supplied, etc.).
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's needs, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.
V. Prices
The prices listed on the e-shop are listed as final, including VAT . Transport costs, the amount of which may vary according to the specific order (depending on the chosen transport method), are subsequently added in the order form. The final calculated price after filling out the order form is already included including the shipping fee. The price specified for the goods at the time of ordering the goods by the Buyer applies as the price upon conclusion of the contract between the Seller and the Buyer. This price will be stated in the order and in the email confirming receipt of the order.
VI. Delivery of goods
The buyer / consumer is obliged to properly accept the goods from the carrier, check the integrity of the packaging, the number of packages and, in the event of any defects, immediately notify the carrier himself. If the packaging is found to be damaged, indicating an unauthorized intrusion into the shipment, the Buyer is advised not to accept the shipment in his own interest! By taking over, the Buyer confirms that the shipment met all the conditions and requirements mentioned above and that later complaints about damage to the package of the shipment will not be taken into account.
VII. Return of goods - withdrawal from the contract within 14 days
1. The buyer who concluded a purchase contract at a distance and purchased the goods in the e-shop has the right within 14 (fourteen) days from the delivery of the goods to return them without giving a reason (in accordance with the new Civil Code § 1829 paragraph 1)
2.If the buyer withdraws from the contract, he will send or hand over to the seller, without undue delay, no later than 14 (fourteen) days from the withdrawal from the purchase contract, the goods he received from him.
3. Clause § 1832, paragraph 4 of the Civil Code states that "if the consumer (buyer) withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer (buyer) before the consumer (buyer) returns the goods to him or proves that the seller sent the goods.
4. The goods must be returned in their original condition, undamaged, unused, unworn, unwashed, including original tags, labels and sales documents.
5. After returning the goods to the seller, funds will be returned to the buyer to the bank account number specified by him. The maximum period for returning funds is 14 days, but the seller will try to send the funds as soon as possible.
6. If the Buyer returns the goods without the original packaging and tags within the 14-day period, the purchase price for the goods will not be refunded in full. In this case, the seller will reduce the purchase price by wear and tear. Used, damaged or washed goods cannot be returned to the Buyer within the 14-day period.
7. The cost of delivering the goods back to the seller is fully covered by the buyer. The goods can also be returned in person after prior agreement.
8.If the Buyer withdraws from the contract with the Seller, the Seller will return without undue delay, no later than 14 days from the date on which the information about withdrawal from the contract was delivered to the Seller, all payments received from the Buyer, including the costs of delivering the goods to the Buyer (except for additional costs arising as a result of your chosen delivery method, which is different from the cheapest standard delivery method offered by the Seller) .
For the purposes of exercising the right to withdraw from the contract, you must inform the Seller of your decision to withdraw from this contract by sending a notice of withdrawal within the aforementioned period of 14 days , in the form of a clear statement (e.g. a letter sent by post or e-mail).
We will immediately send you a confirmation of receipt of this notice of withdrawal from the contract.
VIII. Rights from defective performance - Complaints
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code ).
The Buyer is entitled to exercise the right from a defect that occurs in the consumer goods within 24 months of the Buyer taking over the item. The contractually provided warranty period starts from the date of receipt of the goods by the Buyer.
If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
1.The seller is responsible for defects arising after taking over the goods within the 24-month warranty period or during the period of use indicated in the advertisement, on the product packaging or in the attached instructions.
2. The buyer is obliged to file a claim with the seller without undue delay after discovering the deficiency. You cannot use a damaged item. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.
3. The buyer can apply to the seller at the latest within two years (unless otherwise stated for the goods) from the receipt of the goods, according to his request, for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay),
a demand for the delivery of a new item without defects or a new component without defects can be applied if the defect concerns only this component.
4. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract. He can also demand a reasonable discount from the purchase price.
5. The seller is not obliged to comply with the consumer's claim if he proves that the buyer knew about the defect in the goods before taking over or caused it himself.
6. For items sold at a lower price, the seller is not responsible for a defect for which the lower price was negotiated.
7. In the case of a defect that constitutes an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
8. If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a larger number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdrawal from the contract.
9. When taking over the goods, the buyer is obliged to check the goods and immediately solve any defects caused by the transport with the transporter (write up a complaint protocol). The seller is not responsible for damage caused by the carrier.
10. We handle complaints without unnecessary delay, but within the legal deadline of 30 days at the latest.
The customer acknowledges that due to the large number of different types of monitors with different color settings, the color of the goods offered in the photos in the e-shop may differ minimally from the colors of the goods in reality.
IX Out-of-court settlement of disputes
1. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. 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 from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.
X. Final provisions
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.