Terms and Conditions
GENERAL TERMS AND CONDITIONS (hereinafter referred to as "GTC")
pursuant to the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act")
I.
General Provisions
1.1. The Seller is an entrepreneur who sells products (hereinafter referred to as "Goods") or offers services (hereinafter referred to as "Services") through the Seller's internet portal located at the website address https://www.Kaufland.cz (hereinafter referred to as the "Web Portal").
1.2. A Buyer is (I) a natural person who is not acting within the scope of their business activity or within the independent exercise of their profession (hereinafter referred to as a "Consumer"), (II) a person other than a Consumer (hereinafter referred to as an "Entrepreneur"). The Entrepreneur and the Consumer are hereinafter collectively referred to as the "Buyer". The Seller and the Buyer are hereinafter collectively referred to as the "Contracting Parties" and individually also as the "Contracting Party".
1.3. These GTC regulate the mutual rights and obligations of the Contracting Parties arising in connection with or based on the purchase agreement concluded between the Seller and the Buyer through the Web Portal (hereinafter referred to as the "Purchase Agreement"). The Seller delivers the Goods or Services according to the Purchase Agreement to the Buyer either directly or through other entrepreneurs.
1.4. The Purchase Agreement is concluded between the Contracting Parties by distance communication, i.e., using a means of communication that allows the conclusion of a contract without the simultaneous physical presence of the Contracting Parties (hereinafter referred to as "Distance Communication Means"). The costs incurred by the Buyer when using Distance Communication Means (e.g., internet connection costs, phone call costs) are borne by the Buyer.
1.5. An integral part of these GTC is the Seller's complaints procedure (hereinafter referred to as the "Complaints Procedure") and the personal data protection principles (hereinafter referred to as the "PDP Principles") accessible on the Web Portal. By concluding the Purchase Agreement, the Buyer confirms that they are duly acquainted with these GTC, the Complaints Procedure, and the PDP Principles and that they agree with them.
1.6. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their personal data.
1.7. The Seller may unilaterally change or supplement the wording of these GTC, while the rights and obligations of the Contracting Parties shall be governed by the wording of the GTC effective on the date of conclusion of the Purchase Agreement.
1.8. Provisions in the Purchase Agreement that deviate from these GTC shall take precedence over the wording of these GTC.
II.
Purchase Agreement
2.1. By a Purchase Agreement concluded on the basis of these GTC, the Seller undertakes to deliver the Goods or provide the Service, which is the subject of the Purchase Agreement, to the Buyer and enable them to acquire ownership of the Goods or use the Service, and the Buyer undertakes to take over the Goods or use the Service and pay the purchase price (hereinafter referred to as the "Purchase Price") to the Seller.
2.2. The Seller may, together with the Purchase Agreement, offer the Buyer the conclusion of a donation agreement for selected Goods or Services. The rights and obligations of the contracting parties shall be governed by the provisions on donation agreements pursuant to Section 2055 et seq. of the Civil Code, with the condition subsequent that if the Consumer withdraws from the Purchase Agreement, the Consumer is obliged to return the provided gifts together with the purchased Goods to the Seller. The provisions of this paragraph shall not apply if the Seller performed for the Consumer without the Consumer's order.
2.3. The Seller reserves the right to withdraw from the Purchase Agreement or its part if:
a) the Goods are no longer manufactured,
b) the Goods are no longer supplied,
c) the price of the Goods from the supplier has significantly changed,
d) a clearly erroneous Purchase Price is displayed for the Goods on the Web Portal, or
e) the Goods were marked as "Currently unavailable" and these Goods cannot be delivered or replaced by other Goods, or if the Purchase Price of the Goods has increased and the Buyer did not accept the increased Purchase Price before the conclusion of the Purchase Agreement. In the event that the Buyer has paid part of the Purchase Price or the entire Purchase Price, the Seller shall refund
the corresponding amount to the Buyer without undue delay, no later than 30 days from the date of withdrawal from the Purchase Agreement, in the same manner as the Purchase Price was paid, unless the Contracting Parties agree otherwise.
III.
Offer of Goods and Services
3.1. The proposal for the conclusion of a Purchase Agreement (hereinafter referred to as the "Offer") is the placement of the offered Goods by the Seller on the Web Portal. The Seller undertakes to inform the Consumer of the data pursuant to Section 1820 para. 1 of the Civil Code sufficiently in advance before the conclusion of the Purchase Agreement.
3.2. Published consumer reviews of Goods originate from Consumers who have actually used or purchased the Goods or Service. The Seller allows the submission of Consumer reviews only after the purchase of Goods or Services, thereby verifying the authenticity of consumer reviews.
IV.
Order of Goods and Services
4.1. The Purchase Agreement is formed by the Buyer sending an order for Goods or Services to the Seller (hereinafter referred to as the "Order") and the Seller accepting the Order. The Seller will send a confirmation of the acceptance of the Order to the Buyer by electronic mail. Before submitting the Order, if electronic means are used, the Consumer must be allowed to check and change the input data they have entered into the Order.
4.2. The Seller shall ensure that the Consumer explicitly acknowledges when placing the Order that they undertake to pay. If the Order is made using a button or similar control element, it must be marked with an easily readable inscription "Order with obligation to pay" or other
corresponding unambiguous wording.
4.3. After its confirmation, the Order as a concluded Purchase Agreement is stored by the Seller for the purpose of fulfilling the Purchase Agreement and fulfilling other legal obligations of the Seller. The status of the Order processing is accessible to the Buyer via the Web Portal. The Order can be placed and the Purchase Agreement can be concluded in Czech, or also in other languages based on the agreement of the Contracting Parties.
V.
Purchase Price and Payment Terms
5.1. The total Purchase Prices of Goods and Services are stated including all taxes, fees and other similar monetary payments, and if the nature of the Goods or Service does not allow this price to be reasonably determined in advance, the method of its calculation.
5.2. The Seller may allow the Buyer to pay the Purchase Price via the payment method "Try before you pay" (hereinafter referred to as "Skip pay"). Skip pay postpones the due date of the Purchase Price for up to 14 days from the date of receipt of the Goods. The Seller may further extend the period of deferment of the Purchase Price due date based on Skip pay. The provision of the Skip pay method to the Buyer and any further extension of the Purchase Price due date is at the Seller's discretion, and the Buyer is not entitled to Skip pay or to the extension of the Purchase Price due date.
5.3. The Seller undertakes to issue a tax document – invoice to the Buyer in accordance with the relevant legal regulations, in particular Act No. 235/2004 Coll., on Value Added Tax, as amended, within 15 days from the date of delivery of the Goods. The Seller shall send the tax document to the Buyer in electronic form to the email address provided by the Buyer, with which the Buyer agrees.
5.4. In the event that the Buyer chooses a combination of personal collection of Goods at the Seller's premises and advance payment of the Purchase Price (regardless of the method of payment), the Seller is entitled to verify the Buyer's identity according to an identity document at the moment of collection of the Goods by the Buyer.
VI.
Delivery of Goods or Provision of Service
6.1. The Seller shall provide the Consumer with a confirmation of the concluded Purchase Agreement in text form (hereinafter referred to as "Confirmation of Concluded Purchase Agreement") within a reasonable time after its conclusion, but no later than at the moment of delivery of the Goods or before starting to provide the Service.6.2. Unless another time of performance is agreed upon, the Seller shall hand over the Goods to the Buyer without undue delay after the conclusion of the Purchase Agreement, but no later than within thirty days. If the Buyer does not take over the item within the time specified in this paragraph, the Seller is entitled to a storage fee at the usual rate.
VII.
Quality upon receipt
7.1. The Seller is liable to the Buyer that the Goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
b) are suitable for the purpose for which the Buyer requires them and with which the Seller has agreed, and
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
7.2. The Seller is liable to the Buyer that, in addition to the agreed properties,
a) the Goods are suitable for the purpose for which goods of this type are usually used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
b) the quantity, quality and other properties of the Goods, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that the Buyer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling, unless the Seller was unaware of it or it was amended at the time of concluding the Purchase Agreement in at least a comparable manner to how it was made, or that it could not have influenced the decision to purchase,
c) the Goods are supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Buyer can reasonably expect, and
d) the Goods correspond in quality or design to the sample or model provided by the Seller to the Buyer before concluding the Purchase Agreement. This paragraph shall not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that some property of the Goods differs and the Buyer expressly agreed to this when concluding the Purchase Agreement.
7.3. If a defect manifests itself within one year from the takeover, the Goods shall be deemed to have been defective at the time of takeover, unless the nature of the Goods or the defect excludes it. This period does not run for the period during which the Buyer cannot use the Goods, in case the defect was justifiably claimed.
7.4. The Seller is also responsible to the Buyer for a defect caused by incorrect assembly or installation, which was carried out by the Seller or under its responsibility according to the Purchase Agreement. This also applies if the assembly or installation was carried out by the Buyer and the defect occurred due to a lack of instructions provided by the Seller or the provider of digital content or digital content service, if it is an item with digital properties. Item with digital properties
7.5. If the subject of the Purchase Agreement is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as "Item with Digital Properties"), the Seller shall ensure that the Buyer is provided with the agreed updates of digital content or digital content service. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with updates,
which are necessary for the Goods to retain their properties according to provisions 8.1. and 8.2. after takeover, and that the Buyer will be notified of their availability
a) for a period of two years, if, according to the Purchase Agreement, the digital content or digital content service is to be provided continuously for a certain period, and if provision for a period longer than two years is agreed upon, then for the entire such period,
b) for a period during which the Buyer can reasonably expect it, if, according to the Purchase Agreement, the digital content or digital content service is to be provided once; this shall be assessed according to the type and purpose of the Goods, the nature of the digital content or digital content service,
and taking into account the circumstances at the conclusion of the Purchase Agreement and the nature of the obligation. This paragraph shall not apply if the Seller specifically informed the Buyer before the conclusion of the Purchase Agreement that updates would not be provided and the Buyer expressly agreed to this when concluding the Purchase Agreement.
7.6. If the Buyer has not carried out the update according to the previous paragraph within a reasonable time, they do not have rights
due to a defect that arose solely as a result of the unperformed update. This does not apply if
the Buyer was not warned about the update or the consequences of its non-performance, or if they did not perform the update
or performed it incorrectly due to a defect in the instructions.
7.7. If, according to the Purchase Agreement, digital content or a digital content service is to be provided
continuously for a certain period and a defect manifests itself or occurs during the period according to paragraph 8.5.
letter a), it is presumed that the digital content or digital content service is provided defectively.
VIII.
Warranty for Quality
8.1. For the purposes of these GTC, the following terms are defined:
a) "Unpacked Goods" refers to Goods that have only been unpacked or have damaged or replacement packaging, provided that such Goods have not been used and the contents of the package are complete;
b) "Used (as new) Goods" refers to Goods that may have been tried or used for a short period, and may bear aesthetic traces of such use, but these traces do not affect usability and the Goods are fully functional;
c) "Used Goods" refers to Goods that have been used and show signs of previous use, but are fully functional and all necessary accessories are always included in the package.
8.2. Unless otherwise stated for individual Goods, the Seller provides the Buyer with a warranty that the Goods will retain their functions and performance during normal use for the period stated in the warranty (hereinafter referred to as "Warranty"), namely:
a) To an Entrepreneur for a period of twelve months from the takeover of any Goods,
b) To a Consumer for a period of twenty-four months from the takeover of Goods and Unpacked Goods, for a period of twenty-one months from the takeover of Used (as new) Goods, and for a period of one year from the takeover of Used Goods.
8.3. Under the Warranty, the Buyer has the right to receive new Goods without defects or to have the Goods repaired. The Seller may also, in the case of specific Goods, stipulate that the Buyer is entitled to a refund of the Purchase Price, or to the provision of a service in connection with the Goods.
8.4. The Seller shall issue the Buyer with a confirmation of warranty for quality (hereinafter referred to as the "Warranty Card") in text form no later than upon receipt of the Goods. The Warranty Card must be written in clear and understandable language and must contain:
a) an indication that the Buyer has a statutory right against the Seller to free remedy and that this right is not affected by the warranty for quality, and
b) the designation of the Goods to which the warranty applies, the content of the warranty, the name and residence or registered office of the warranty provider, the procedure for exercising rights under the warranty, and the terms of the warranty. In the event that the Seller does not issue a Warranty Card to the Buyer, the tax document – invoice serves as the warranty card.
8.5. The warranty period begins on the day the Buyer takes over the Goods. The warranty period is extended by the period during which the Goods were under repair based on a warranty claim. If the Goods are replaced as part of a warranty claim, the original warranty period continues.
8.6. If a third party other than the Seller is to put the Goods into operation, the warranty period begins to run only from the day the Goods are put into operation. The beginning of the warranty period is postponed only if the Buyer ordered the commissioning no later than three weeks after taking over the Goods and duly and timely provided the necessary cooperation for putting the Goods into operation.
8.7. The Seller warns the Buyer that in the event of an extended Warranty being provided by the extended Warranty provider, it may not be possible to register and claim the extended Warranty for Unpacked Goods, Used (as new) Goods, and Used Goods, due to the exhaustion of the extended Warranty registration by the previous Buyer. By purchasing Unpacked Goods, Used (as new) Goods, or Used Goods, the Buyer agrees to the conditions stated in this paragraph.
IX.
Rights from Defective Performance
9.1. The Buyer may claim a defect that appears on the Goods within two years of takeover. If the subject of the purchase is an Item with Digital Properties and if, according to the Purchase Agreement, digital content or a digital content service is to be provided continuously for a certain period, the Buyer may claim a defect that occurs or appears on them within two years of takeover. If the performance is to be for a period longer than two years, the Buyer has the right from a defect that occurs or appears during this period. If the Buyer has justifiably claimed a defect from the Seller, the period according to this paragraph does not run for the period during which the Buyer cannot use the Goods.
9.2. The Buyer is not entitled to rights from defective performance if they caused the defect themselves. Wear and tear of the Goods caused by their normal use or, in the case of Used Goods, wear and tear corresponding to the extent of their previous use, is not considered a defect of the Goods.
9.3. The Contracting Parties hereby agree that for the purchase of Used (as new) Goods, the period for claiming a defect is shortened to twenty-one months. The Contracting Parties further agree that for the purchase of Used Goods, the period for claiming a defect is shortened to one year. The Contracting Parties hereby confirm that the period for claiming a defect for Unpacked Goods is two years from the takeover of the Unpacked Goods.
9.4. If the Goods are defective, the Buyer may demand its removal. At their option, they may demand the delivery of new Goods without defects or the repair of the Goods, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other; this shall be assessed primarily with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and
the value that the Goods would have without the defect.
9.5. The Seller shall remove the defect within a reasonable time after its claim, so as not to cause significant inconvenience to the Buyer, taking into account the nature of the Goods and the purpose for which the Buyer purchased the Goods. To remove the defect, the Seller shall take over the Goods at its own expense. If it requires the dismantling of the Goods, the assembly of which was carried out in accordance with the nature and purpose of the Goods before the defect manifested itself, the Seller shall dismantle the defective Goods and assemble the repaired or new Goods, or reimburse the costs associated therewith.
9.6. The Buyer may demand a reasonable discount or withdraw from the Purchase Agreement if:
a) the Seller refused to remove the defect or did not remove it,
b) the defect occurs repeatedly,
c) the defect is a material breach of the Purchase Agreement, or
d) it is evident from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.
A reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Buyer.
9.7. The Buyer cannot withdraw from the Purchase Agreement if the defect of the Goods is insignificant; it is presumed that the defect is not insignificant.
9.8. If the Buyer withdraws from the Purchase Agreement, the Seller shall return the Purchase Price to the Buyer without undue delay after receiving the Goods or after the Buyer proves that they have sent the Goods.
9.9. Until the Seller fulfills its obligations from defective performance, the Buyer does not have to pay the unpaid Purchase Price or part thereof.
X.
Consumer's right to withdraw from the Purchase Agreement
10.1. A consumer may withdraw from a Purchase Agreement concluded through Distance Communication Means within a period of fourteen days. The withdrawal period ends upon the expiration of fourteen days from the date of receipt of the Goods by the Consumer or a person designated by them.
10.2. The Consumer may withdraw from the Purchase Agreement by any unambiguous statement made to the Seller. The Consumer may withdraw from the Purchase Agreement by filling out and submitting the Seller's sample form, which forms an appendix to these GTC, to the postal address of the Seller's registered office or place of business or to the Seller's electronic address (info@dommio.cz).
10.3. If the Consumer withdraws from the Purchase Agreement, they shall send or hand over to the Seller, without undue delay, no later than fourteen days from the withdrawal from the Purchase Agreement, the Goods they received from them, unless the Seller offered to pick up the Goods themselves. The deadline is met if the Consumer sends the Goods before its expiration. The Consumer is liable to the Seller for the decrease in the value of the Goods resulting from handling these Goods in a manner other than what is necessary to familiarize themselves with the nature, properties, and functionality of the Goods. The Contracting Parties agree that the Seller may unilaterally set off the claim for damages to the Goods against the Buyer's claim for a refund of the Purchase Price.
10.4. If the Consumer withdraws from the Purchase Agreement, the Seller shall return to them, without undue delay, no later than fourteen days from the withdrawal from the Purchase Agreement, all funds received from them under the Purchase Agreement, including delivery costs, in the same manner, unless the Consumer has chosen a different method and if this does not incur additional costs for the Consumer. If the Consumer chose a delivery method other than the cheapest one offered by the Seller, the Seller shall refund
the delivery costs to the Consumer in an amount corresponding to the cheapest offered delivery method. The Seller is not obliged to return the received funds to the Consumer
before receiving the Goods, or before the Consumer proves that they have sent the Goods back, whichever
occurs first.
10.5. The Consumer cannot withdraw from the Purchase Agreement:
a) for the provision of Services, if they have been fully performed; in the case of performance for a fee, only if it began with the prior express consent of the Consumer before the expiration of the period for withdrawal from the Purchase Agreement and the Seller informed the Consumer before concluding the Purchase Agreement that the right to withdraw from the Purchase Agreement ceases upon performance,
b) for the delivery of Goods or Services whose Purchase Price depends on fluctuations in the financial market beyond the Seller's control and which may occur during the period for withdrawal from the Purchase Agreement,
c) for the delivery of alcoholic beverages whose Purchase Price was agreed upon at the time of concluding the Purchase Agreement with the condition that delivery can only be made after thirty days have elapsed and whose actual value depends on market fluctuations independent of the Seller's will,
d) for the delivery of Goods manufactured according to the Consumer's requirements or adapted to their personal needs,
e) for the delivery of Goods that are perishable or goods with a short shelf life, as well as Goods that have been irrevocably mixed with other Goods after delivery due to their nature,
f) for urgent repairs or maintenance to be carried out at a place designated by the Consumer at their express request; however, this does not apply to the performance of repairs other than those requested or the delivery of Goods other than spare parts necessary for the repair or maintenance,
g) for the delivery of Goods in sealed packaging which are not suitable for return for health protection or hygiene reasons after the Consumer has broken the seal,
h) for the delivery of audio or video recordings or computer programs in sealed packaging, if the Consumer has broken the seal,
i) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for their delivery,
j) for accommodation, transport of Goods, vehicle rental, catering or leisure activities, if, according to the Purchase Agreement, performance is to be provided on a specific date or during a specific period,
k) concluded by public auction according to the law governing public auctions, which the Consumer may attend physically, or
l) for the supply of digital content not supplied on a tangible medium, after performance has begun; in the case of performance for a fee, if it began with the prior express consent of the Consumer before the expiration of the period for withdrawal from the Purchase Agreement, the Consumer was informed that the right to withdraw from the Purchase Agreement ceases thereby, and the Seller provided the Consumer with the Confirmation of Concluded Purchase Agreement or a confirmation that the Consumer expressly agrees to the commencement of performance before the expiration of the period for withdrawal from the Purchase Agreement and that they acknowledge that by giving consent their right to withdraw from the Purchase Agreement ceases.
10.6. The Buyer bears the costs associated with returning Goods purchased at the Seller's premises. If the Purchase Agreement was concluded through Distance Communication Means, the Buyer bears the costs of returning the Goods if these Goods cannot be returned by ordinary postal means due to their nature.
XI.
Redress
11.1. A Consumer whose right has been affected by an unfair commercial practice according to Section 4 et seq.
of the Consumer Protection Act (hereinafter referred to as "Unfair Commercial Practices"), may, in addition to the claims arising from the Civil Code and these GTC:
a) withdraw from the Purchase Agreement within 90 days from the date of conclusion of the Purchase Agreement, or
b) demand a reasonable reduction in the Purchase Price to the extent corresponding to the nature and severity of the Unfair Commercial Practice.
11.2. The Consumer cannot withdraw from the Purchase Agreement if the Seller proves that it is unreasonable given the subject of the Purchase Agreement, the nature and severity of the Unfair Commercial Practice.
pursuant to the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act")
I.
General Provisions
1.1. The Seller is an entrepreneur who sells products (hereinafter referred to as "Goods") or offers services (hereinafter referred to as "Services") through the Seller's internet portal located at the website address https://www.Kaufland.cz (hereinafter referred to as the "Web Portal").
1.2. A Buyer is (I) a natural person who is not acting within the scope of their business activity or within the independent exercise of their profession (hereinafter referred to as a "Consumer"), (II) a person other than a Consumer (hereinafter referred to as an "Entrepreneur"). The Entrepreneur and the Consumer are hereinafter collectively referred to as the "Buyer". The Seller and the Buyer are hereinafter collectively referred to as the "Contracting Parties" and individually also as the "Contracting Party".
1.3. These GTC regulate the mutual rights and obligations of the Contracting Parties arising in connection with or based on the purchase agreement concluded between the Seller and the Buyer through the Web Portal (hereinafter referred to as the "Purchase Agreement"). The Seller delivers the Goods or Services according to the Purchase Agreement to the Buyer either directly or through other entrepreneurs.
1.4. The Purchase Agreement is concluded between the Contracting Parties by distance communication, i.e., using a means of communication that allows the conclusion of a contract without the simultaneous physical presence of the Contracting Parties (hereinafter referred to as "Distance Communication Means"). The costs incurred by the Buyer when using Distance Communication Means (e.g., internet connection costs, phone call costs) are borne by the Buyer.
1.5. An integral part of these GTC is the Seller's complaints procedure (hereinafter referred to as the "Complaints Procedure") and the personal data protection principles (hereinafter referred to as the "PDP Principles") accessible on the Web Portal. By concluding the Purchase Agreement, the Buyer confirms that they are duly acquainted with these GTC, the Complaints Procedure, and the PDP Principles and that they agree with them.
1.6. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their personal data.
1.7. The Seller may unilaterally change or supplement the wording of these GTC, while the rights and obligations of the Contracting Parties shall be governed by the wording of the GTC effective on the date of conclusion of the Purchase Agreement.
1.8. Provisions in the Purchase Agreement that deviate from these GTC shall take precedence over the wording of these GTC.
II.
Purchase Agreement
2.1. By a Purchase Agreement concluded on the basis of these GTC, the Seller undertakes to deliver the Goods or provide the Service, which is the subject of the Purchase Agreement, to the Buyer and enable them to acquire ownership of the Goods or use the Service, and the Buyer undertakes to take over the Goods or use the Service and pay the purchase price (hereinafter referred to as the "Purchase Price") to the Seller.
2.2. The Seller may, together with the Purchase Agreement, offer the Buyer the conclusion of a donation agreement for selected Goods or Services. The rights and obligations of the contracting parties shall be governed by the provisions on donation agreements pursuant to Section 2055 et seq. of the Civil Code, with the condition subsequent that if the Consumer withdraws from the Purchase Agreement, the Consumer is obliged to return the provided gifts together with the purchased Goods to the Seller. The provisions of this paragraph shall not apply if the Seller performed for the Consumer without the Consumer's order.
2.3. The Seller reserves the right to withdraw from the Purchase Agreement or its part if:
a) the Goods are no longer manufactured,
b) the Goods are no longer supplied,
c) the price of the Goods from the supplier has significantly changed,
d) a clearly erroneous Purchase Price is displayed for the Goods on the Web Portal, or
e) the Goods were marked as "Currently unavailable" and these Goods cannot be delivered or replaced by other Goods, or if the Purchase Price of the Goods has increased and the Buyer did not accept the increased Purchase Price before the conclusion of the Purchase Agreement. In the event that the Buyer has paid part of the Purchase Price or the entire Purchase Price, the Seller shall refund
the corresponding amount to the Buyer without undue delay, no later than 30 days from the date of withdrawal from the Purchase Agreement, in the same manner as the Purchase Price was paid, unless the Contracting Parties agree otherwise.
III.
Offer of Goods and Services
3.1. The proposal for the conclusion of a Purchase Agreement (hereinafter referred to as the "Offer") is the placement of the offered Goods by the Seller on the Web Portal. The Seller undertakes to inform the Consumer of the data pursuant to Section 1820 para. 1 of the Civil Code sufficiently in advance before the conclusion of the Purchase Agreement.
3.2. Published consumer reviews of Goods originate from Consumers who have actually used or purchased the Goods or Service. The Seller allows the submission of Consumer reviews only after the purchase of Goods or Services, thereby verifying the authenticity of consumer reviews.
IV.
Order of Goods and Services
4.1. The Purchase Agreement is formed by the Buyer sending an order for Goods or Services to the Seller (hereinafter referred to as the "Order") and the Seller accepting the Order. The Seller will send a confirmation of the acceptance of the Order to the Buyer by electronic mail. Before submitting the Order, if electronic means are used, the Consumer must be allowed to check and change the input data they have entered into the Order.
4.2. The Seller shall ensure that the Consumer explicitly acknowledges when placing the Order that they undertake to pay. If the Order is made using a button or similar control element, it must be marked with an easily readable inscription "Order with obligation to pay" or other
corresponding unambiguous wording.
4.3. After its confirmation, the Order as a concluded Purchase Agreement is stored by the Seller for the purpose of fulfilling the Purchase Agreement and fulfilling other legal obligations of the Seller. The status of the Order processing is accessible to the Buyer via the Web Portal. The Order can be placed and the Purchase Agreement can be concluded in Czech, or also in other languages based on the agreement of the Contracting Parties.
V.
Purchase Price and Payment Terms
5.1. The total Purchase Prices of Goods and Services are stated including all taxes, fees and other similar monetary payments, and if the nature of the Goods or Service does not allow this price to be reasonably determined in advance, the method of its calculation.
5.2. The Seller may allow the Buyer to pay the Purchase Price via the payment method "Try before you pay" (hereinafter referred to as "Skip pay"). Skip pay postpones the due date of the Purchase Price for up to 14 days from the date of receipt of the Goods. The Seller may further extend the period of deferment of the Purchase Price due date based on Skip pay. The provision of the Skip pay method to the Buyer and any further extension of the Purchase Price due date is at the Seller's discretion, and the Buyer is not entitled to Skip pay or to the extension of the Purchase Price due date.
5.3. The Seller undertakes to issue a tax document – invoice to the Buyer in accordance with the relevant legal regulations, in particular Act No. 235/2004 Coll., on Value Added Tax, as amended, within 15 days from the date of delivery of the Goods. The Seller shall send the tax document to the Buyer in electronic form to the email address provided by the Buyer, with which the Buyer agrees.
5.4. In the event that the Buyer chooses a combination of personal collection of Goods at the Seller's premises and advance payment of the Purchase Price (regardless of the method of payment), the Seller is entitled to verify the Buyer's identity according to an identity document at the moment of collection of the Goods by the Buyer.
VI.
Delivery of Goods or Provision of Service
6.1. The Seller shall provide the Consumer with a confirmation of the concluded Purchase Agreement in text form (hereinafter referred to as "Confirmation of Concluded Purchase Agreement") within a reasonable time after its conclusion, but no later than at the moment of delivery of the Goods or before starting to provide the Service.6.2. Unless another time of performance is agreed upon, the Seller shall hand over the Goods to the Buyer without undue delay after the conclusion of the Purchase Agreement, but no later than within thirty days. If the Buyer does not take over the item within the time specified in this paragraph, the Seller is entitled to a storage fee at the usual rate.
VII.
Quality upon receipt
7.1. The Seller is liable to the Buyer that the Goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
b) are suitable for the purpose for which the Buyer requires them and with which the Seller has agreed, and
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
7.2. The Seller is liable to the Buyer that, in addition to the agreed properties,
a) the Goods are suitable for the purpose for which goods of this type are usually used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
b) the quantity, quality and other properties of the Goods, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that the Buyer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling, unless the Seller was unaware of it or it was amended at the time of concluding the Purchase Agreement in at least a comparable manner to how it was made, or that it could not have influenced the decision to purchase,
c) the Goods are supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Buyer can reasonably expect, and
d) the Goods correspond in quality or design to the sample or model provided by the Seller to the Buyer before concluding the Purchase Agreement. This paragraph shall not apply if the Seller specifically informed the Buyer before concluding the Purchase Agreement that some property of the Goods differs and the Buyer expressly agreed to this when concluding the Purchase Agreement.
7.3. If a defect manifests itself within one year from the takeover, the Goods shall be deemed to have been defective at the time of takeover, unless the nature of the Goods or the defect excludes it. This period does not run for the period during which the Buyer cannot use the Goods, in case the defect was justifiably claimed.
7.4. The Seller is also responsible to the Buyer for a defect caused by incorrect assembly or installation, which was carried out by the Seller or under its responsibility according to the Purchase Agreement. This also applies if the assembly or installation was carried out by the Buyer and the defect occurred due to a lack of instructions provided by the Seller or the provider of digital content or digital content service, if it is an item with digital properties. Item with digital properties
7.5. If the subject of the Purchase Agreement is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as "Item with Digital Properties"), the Seller shall ensure that the Buyer is provided with the agreed updates of digital content or digital content service. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with updates,
which are necessary for the Goods to retain their properties according to provisions 8.1. and 8.2. after takeover, and that the Buyer will be notified of their availability
a) for a period of two years, if, according to the Purchase Agreement, the digital content or digital content service is to be provided continuously for a certain period, and if provision for a period longer than two years is agreed upon, then for the entire such period,
b) for a period during which the Buyer can reasonably expect it, if, according to the Purchase Agreement, the digital content or digital content service is to be provided once; this shall be assessed according to the type and purpose of the Goods, the nature of the digital content or digital content service,
and taking into account the circumstances at the conclusion of the Purchase Agreement and the nature of the obligation. This paragraph shall not apply if the Seller specifically informed the Buyer before the conclusion of the Purchase Agreement that updates would not be provided and the Buyer expressly agreed to this when concluding the Purchase Agreement.
7.6. If the Buyer has not carried out the update according to the previous paragraph within a reasonable time, they do not have rights
due to a defect that arose solely as a result of the unperformed update. This does not apply if
the Buyer was not warned about the update or the consequences of its non-performance, or if they did not perform the update
or performed it incorrectly due to a defect in the instructions.
7.7. If, according to the Purchase Agreement, digital content or a digital content service is to be provided
continuously for a certain period and a defect manifests itself or occurs during the period according to paragraph 8.5.
letter a), it is presumed that the digital content or digital content service is provided defectively.
VIII.
Warranty for Quality
8.1. For the purposes of these GTC, the following terms are defined:
a) "Unpacked Goods" refers to Goods that have only been unpacked or have damaged or replacement packaging, provided that such Goods have not been used and the contents of the package are complete;
b) "Used (as new) Goods" refers to Goods that may have been tried or used for a short period, and may bear aesthetic traces of such use, but these traces do not affect usability and the Goods are fully functional;
c) "Used Goods" refers to Goods that have been used and show signs of previous use, but are fully functional and all necessary accessories are always included in the package.
8.2. Unless otherwise stated for individual Goods, the Seller provides the Buyer with a warranty that the Goods will retain their functions and performance during normal use for the period stated in the warranty (hereinafter referred to as "Warranty"), namely:
a) To an Entrepreneur for a period of twelve months from the takeover of any Goods,
b) To a Consumer for a period of twenty-four months from the takeover of Goods and Unpacked Goods, for a period of twenty-one months from the takeover of Used (as new) Goods, and for a period of one year from the takeover of Used Goods.
8.3. Under the Warranty, the Buyer has the right to receive new Goods without defects or to have the Goods repaired. The Seller may also, in the case of specific Goods, stipulate that the Buyer is entitled to a refund of the Purchase Price, or to the provision of a service in connection with the Goods.
8.4. The Seller shall issue the Buyer with a confirmation of warranty for quality (hereinafter referred to as the "Warranty Card") in text form no later than upon receipt of the Goods. The Warranty Card must be written in clear and understandable language and must contain:
a) an indication that the Buyer has a statutory right against the Seller to free remedy and that this right is not affected by the warranty for quality, and
b) the designation of the Goods to which the warranty applies, the content of the warranty, the name and residence or registered office of the warranty provider, the procedure for exercising rights under the warranty, and the terms of the warranty. In the event that the Seller does not issue a Warranty Card to the Buyer, the tax document – invoice serves as the warranty card.
8.5. The warranty period begins on the day the Buyer takes over the Goods. The warranty period is extended by the period during which the Goods were under repair based on a warranty claim. If the Goods are replaced as part of a warranty claim, the original warranty period continues.
8.6. If a third party other than the Seller is to put the Goods into operation, the warranty period begins to run only from the day the Goods are put into operation. The beginning of the warranty period is postponed only if the Buyer ordered the commissioning no later than three weeks after taking over the Goods and duly and timely provided the necessary cooperation for putting the Goods into operation.
8.7. The Seller warns the Buyer that in the event of an extended Warranty being provided by the extended Warranty provider, it may not be possible to register and claim the extended Warranty for Unpacked Goods, Used (as new) Goods, and Used Goods, due to the exhaustion of the extended Warranty registration by the previous Buyer. By purchasing Unpacked Goods, Used (as new) Goods, or Used Goods, the Buyer agrees to the conditions stated in this paragraph.
IX.
Rights from Defective Performance
9.1. The Buyer may claim a defect that appears on the Goods within two years of takeover. If the subject of the purchase is an Item with Digital Properties and if, according to the Purchase Agreement, digital content or a digital content service is to be provided continuously for a certain period, the Buyer may claim a defect that occurs or appears on them within two years of takeover. If the performance is to be for a period longer than two years, the Buyer has the right from a defect that occurs or appears during this period. If the Buyer has justifiably claimed a defect from the Seller, the period according to this paragraph does not run for the period during which the Buyer cannot use the Goods.
9.2. The Buyer is not entitled to rights from defective performance if they caused the defect themselves. Wear and tear of the Goods caused by their normal use or, in the case of Used Goods, wear and tear corresponding to the extent of their previous use, is not considered a defect of the Goods.
9.3. The Contracting Parties hereby agree that for the purchase of Used (as new) Goods, the period for claiming a defect is shortened to twenty-one months. The Contracting Parties further agree that for the purchase of Used Goods, the period for claiming a defect is shortened to one year. The Contracting Parties hereby confirm that the period for claiming a defect for Unpacked Goods is two years from the takeover of the Unpacked Goods.
9.4. If the Goods are defective, the Buyer may demand its removal. At their option, they may demand the delivery of new Goods without defects or the repair of the Goods, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other; this shall be assessed primarily with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and
the value that the Goods would have without the defect.
9.5. The Seller shall remove the defect within a reasonable time after its claim, so as not to cause significant inconvenience to the Buyer, taking into account the nature of the Goods and the purpose for which the Buyer purchased the Goods. To remove the defect, the Seller shall take over the Goods at its own expense. If it requires the dismantling of the Goods, the assembly of which was carried out in accordance with the nature and purpose of the Goods before the defect manifested itself, the Seller shall dismantle the defective Goods and assemble the repaired or new Goods, or reimburse the costs associated therewith.
9.6. The Buyer may demand a reasonable discount or withdraw from the Purchase Agreement if:
a) the Seller refused to remove the defect or did not remove it,
b) the defect occurs repeatedly,
c) the defect is a material breach of the Purchase Agreement, or
d) it is evident from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.
A reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Buyer.
9.7. The Buyer cannot withdraw from the Purchase Agreement if the defect of the Goods is insignificant; it is presumed that the defect is not insignificant.
9.8. If the Buyer withdraws from the Purchase Agreement, the Seller shall return the Purchase Price to the Buyer without undue delay after receiving the Goods or after the Buyer proves that they have sent the Goods.
9.9. Until the Seller fulfills its obligations from defective performance, the Buyer does not have to pay the unpaid Purchase Price or part thereof.
X.
Consumer's right to withdraw from the Purchase Agreement
10.1. A consumer may withdraw from a Purchase Agreement concluded through Distance Communication Means within a period of fourteen days. The withdrawal period ends upon the expiration of fourteen days from the date of receipt of the Goods by the Consumer or a person designated by them.
10.2. The Consumer may withdraw from the Purchase Agreement by any unambiguous statement made to the Seller. The Consumer may withdraw from the Purchase Agreement by filling out and submitting the Seller's sample form, which forms an appendix to these GTC, to the postal address of the Seller's registered office or place of business or to the Seller's electronic address (info@dommio.cz).
10.3. If the Consumer withdraws from the Purchase Agreement, they shall send or hand over to the Seller, without undue delay, no later than fourteen days from the withdrawal from the Purchase Agreement, the Goods they received from them, unless the Seller offered to pick up the Goods themselves. The deadline is met if the Consumer sends the Goods before its expiration. The Consumer is liable to the Seller for the decrease in the value of the Goods resulting from handling these Goods in a manner other than what is necessary to familiarize themselves with the nature, properties, and functionality of the Goods. The Contracting Parties agree that the Seller may unilaterally set off the claim for damages to the Goods against the Buyer's claim for a refund of the Purchase Price.
10.4. If the Consumer withdraws from the Purchase Agreement, the Seller shall return to them, without undue delay, no later than fourteen days from the withdrawal from the Purchase Agreement, all funds received from them under the Purchase Agreement, including delivery costs, in the same manner, unless the Consumer has chosen a different method and if this does not incur additional costs for the Consumer. If the Consumer chose a delivery method other than the cheapest one offered by the Seller, the Seller shall refund
the delivery costs to the Consumer in an amount corresponding to the cheapest offered delivery method. The Seller is not obliged to return the received funds to the Consumer
before receiving the Goods, or before the Consumer proves that they have sent the Goods back, whichever
occurs first.
10.5. The Consumer cannot withdraw from the Purchase Agreement:
a) for the provision of Services, if they have been fully performed; in the case of performance for a fee, only if it began with the prior express consent of the Consumer before the expiration of the period for withdrawal from the Purchase Agreement and the Seller informed the Consumer before concluding the Purchase Agreement that the right to withdraw from the Purchase Agreement ceases upon performance,
b) for the delivery of Goods or Services whose Purchase Price depends on fluctuations in the financial market beyond the Seller's control and which may occur during the period for withdrawal from the Purchase Agreement,
c) for the delivery of alcoholic beverages whose Purchase Price was agreed upon at the time of concluding the Purchase Agreement with the condition that delivery can only be made after thirty days have elapsed and whose actual value depends on market fluctuations independent of the Seller's will,
d) for the delivery of Goods manufactured according to the Consumer's requirements or adapted to their personal needs,
e) for the delivery of Goods that are perishable or goods with a short shelf life, as well as Goods that have been irrevocably mixed with other Goods after delivery due to their nature,
f) for urgent repairs or maintenance to be carried out at a place designated by the Consumer at their express request; however, this does not apply to the performance of repairs other than those requested or the delivery of Goods other than spare parts necessary for the repair or maintenance,
g) for the delivery of Goods in sealed packaging which are not suitable for return for health protection or hygiene reasons after the Consumer has broken the seal,
h) for the delivery of audio or video recordings or computer programs in sealed packaging, if the Consumer has broken the seal,
i) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for their delivery,
j) for accommodation, transport of Goods, vehicle rental, catering or leisure activities, if, according to the Purchase Agreement, performance is to be provided on a specific date or during a specific period,
k) concluded by public auction according to the law governing public auctions, which the Consumer may attend physically, or
l) for the supply of digital content not supplied on a tangible medium, after performance has begun; in the case of performance for a fee, if it began with the prior express consent of the Consumer before the expiration of the period for withdrawal from the Purchase Agreement, the Consumer was informed that the right to withdraw from the Purchase Agreement ceases thereby, and the Seller provided the Consumer with the Confirmation of Concluded Purchase Agreement or a confirmation that the Consumer expressly agrees to the commencement of performance before the expiration of the period for withdrawal from the Purchase Agreement and that they acknowledge that by giving consent their right to withdraw from the Purchase Agreement ceases.
10.6. The Buyer bears the costs associated with returning Goods purchased at the Seller's premises. If the Purchase Agreement was concluded through Distance Communication Means, the Buyer bears the costs of returning the Goods if these Goods cannot be returned by ordinary postal means due to their nature.
XI.
Redress
11.1. A Consumer whose right has been affected by an unfair commercial practice according to Section 4 et seq.
of the Consumer Protection Act (hereinafter referred to as "Unfair Commercial Practices"), may, in addition to the claims arising from the Civil Code and these GTC:
a) withdraw from the Purchase Agreement within 90 days from the date of conclusion of the Purchase Agreement, or
b) demand a reasonable reduction in the Purchase Price to the extent corresponding to the nature and severity of the Unfair Commercial Practice.
11.2. The Consumer cannot withdraw from the Purchase Agreement if the Seller proves that it is unreasonable given the subject of the Purchase Agreement, the nature and severity of the Unfair Commercial Practice.