General terms and conditions
I. Basic provisions
1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to § 1751 and the following Act No. 89/2012 Coll., Civil Code, Czech Republic (hereinafter referred to as the "Civil Code")
ID: 27800831, VAT NUMBER: CZ27800831
established: Antala Staška 455/64, Conducted in or under: C 274913 conducted at the Municipal Court in Prague
phone: +420 725 369 776
(hereinafter referred to as "seller")
2. These Terms and Conditions regulate the mutual rights and obligations of the seller and the natural person who concludes the purchase contract out of his business activities as a consumer, or as a part of his business activities (hereinafter: " buyer") through the web interface located on the website available on the internet address: https://eshop.smartimp.com/ (EN version), eventually https://eshop.smartimp.cz/ (CZ version),
(hereinafter referred to as the "eshop").
3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
4. These Terms and Conditions and the purchase contract are concluded in the either Czech or English language according to the language version of the eshop used.
II. Information about goods and prices
- Information about the goods, including the prices of the individual item and its main characteristics, is given for each item in the catalogue of the eshop. The prices of the goods are indicated both without and including value added tax, all related charges, and the return cost, in case that these goods, by its very nature, cannot be returned by ordinary mail. The prices of the goods remain valid as long as they are displayed in the eshop. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
- All presentation of goods placed in the catalogue of the eshop is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information about the costs associated with the packaging and delivery of goods is published in the eshop and varies according to the selected country of delivery.
- Any discounts on the purchase price of the goods cannot be combined with each other if the seller does not agree otherwise with the buyer.
III. Order and conclusion of a purchase contract
1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, costs of telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer orders the goods in the following ways:
- through his customer account, if he has made a previous registration in the eshop, registration is mandatory for the entrepreneur customers and the persons purchasing on behalf the legal entity.
- filling in the order form without registration (limited assortment of goods).
3. When placing an order, the buyer selects the item, the number of items, the method of payment and delivery.
4. Before submitting an order, the buyer can check and change the data he has entered into the order. The buyer sends the order to the seller by clicking on the button FINISH ORDER. The information provided in the order is considered correct by the seller. The condition of the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read and become familiar with these Terms and Conditions.
5. After receiving the order, the seller will immediately send a confirmation of receipt of the order the buyer to the e-mail address provided by the buyer when ordering. Applied Terms and Conditions are available at eshop website and via link provided to them in the order confirmation. The purchase contract is concluded by confirming the order by the seller to the buyer's e-mail address.
6. In case that any of the requirements specified in the order cannot be met by the seller, he will send to the buyer an amended offer to his e-mail address. The amended offer is considered to be a new draft of a purchase contract and in such a case the purchase contract is concluded by confirming the buyer's acceptance of this offer to the seller at his e-mail address specified in these Terms and Conditions.
7. All orders received by the seller are binding. The buyer may cancel the order until the buyer is notified of receipt of the order by the seller. The buyer may cancel the order by sending it to the seller's e-mail specified in these terms and conditions.
8. In the event that there has been a clear technical error on the part of the seller in indicating the price of the goods in the eshop or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price. The seller informs the buyer of the error without undue delay and sends an amended offer to the buyer at his e-mail address. The amended offer is considered to be a new draft of the purchase contract and in this case the purchase contract is concluded by confirmation of receipt by the buyer to the seller's e-mail address.
IV. Customer account
- Based on the buyer's registration made in the eshop, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration if he does not buy as an entrepreneur or on behalf of a legal entity.
- When registering in the customer account and ordering the goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account upon any change. The information provided by the buyer in the customer account and when ordering the goods is considered correct by the seller.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The seller may cancel the user account, especially if the buyer does not use his user account more than three years, or if the buyer violates his obligations under the purchase contract or these terms and conditions.
- Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.
V. Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- cashless transfer to the seller's bank account No. 2687647001 / 5500, held at Raiffeisen bank, IBAN: CZ17550000000002687647001, BIC (SWIFT): RZBCCZPP,
- cashless payment card account through the payment gateway,
- cashless transfer to the seller's account through the payment gateway PayPal,
- cash on delivery by credit card when the goods are handed over (in the Czech Republic only)
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, this also means the purchase price and costs associated with the delivery of goods.
- In case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
- In case of payment via the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
- In case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the seller's bank account.
- The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.
- According to the Sales Registration Act in Czech Republic, the seller is obliged to issue a receipt to the buyer when paying in cash. At the same time, he is obliged to register this received sales from this buyer with the tax administrator online, in case of technical failure then no later than 48 hours.
- The goods are delivered to the buyer:
- to the address specified in the order by the buyer
- in the Czech Republic and selected countries possible also through a zasilkovna.cz/packeto.com service to the available pick-up point address selected by the buyer.
- The selection of delivery method is made during the ordering of the goods.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is indicated in the buyer's order and in the confirmation of the order by the seller. If the mode of transport is contracted on the basis of a special request of the buyer (eg. Premium transport mode), the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In case, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to accept the consignment from the carrier.
- The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's e-mail address.
- The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including the cost of delivery, but not before receipt of goods.
- Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.
1. A buyer who has concluded a purchase contract outside his/her business activities as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, where the subject of the contract is several types of goods or the supply of several parts,
- from the date of receipt of the first delivery of the goods if the subject of the contract is the regular repeated delivery of the goods.
3. The buyer cannot, among other things, withdraw from the purchase contract
- the delivery of services if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract, that in such a case he has no right of withdrawal,
- on the supply of goods which have been modified according to the buyer's wishes or for his person,
- the supply of an audio or video recording or computer program if it has damaged or unsealed its original packaging,
- the supply of digital content, if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract, that in such a case he has no right of withdrawal,
- in other cases, as referred to in § 1837 of the Civil Code, Czech Republic.
4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer can use the withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the seller's e-mail or delivery address specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
7. If the buyer withdraws from the contract, the seller will immediately return to him all funds, including the costs of delivery received from him/her, not later than 14 days after withdrawal from the contract and in the same way.
8. The seller shall return the received funds to the buyer by another way only if the buyer agrees and if it does not incur additional costs.
9. If the buyer has chosen another than the cheapest method of delivery offered by the seller, the seller shall refund to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
11. The goods must be returned by the buyer to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off against the buyer's claim for a refund of the purchase price.
12. The seller is entitled to withdraw from the purchase contract due to the sell-out of stocks, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of the notification of withdrawal from the purchase contract all funds, including the costs of delivery received from him under the contract, in the same way or in the manner specified by the buyer.
VII. Rights from defective performance
- The seller is responsible to the buyer that the goods do not have defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods
- the goods have characteristics which the parties have negotiated and, in the absence of an arrangement, have such characteristics as the seller or manufacturer has described or which the buyer expected, taking into account the nature of the goods and the advertising carried out by them,
- the goods are fit for the purpose stated by the seller for its use or for which goods of this kind are normally used,
- the goods correspond to the quality or execution of the agreed sample or draft, if the quality or design has been determined based on the agreed sample or model,
- the goods are in the appropriate quantity, measure, or weight,
- goods comply with the requirements of the legislation.
- Obligations from defective performance are at least to the extent that the obligations of defective performance of the manufacturer persist (for part of the goods the seller is the manufacturer). The buyer is otherwise entitled to exercise the right of defect that occurs in consumer goods within twenty-four months of receipt.
- If the sold goods, its packaging, the instructions attached to the goods or advertising in accordance with other legislation indicate the period during which the goods can be used, the provisions on the quality warranty shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that they will retain their usual characteristics. If the buyer has rightly blamed the seller of a defect in the goods, the period for exercising the rights from defective performance or the warranty period does not expire for the period during which the buyer cannot use the defective goods.
- The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
- In the event of a defect, the buyer may submit a claim to the seller and request
- exchange for new goods,
- repair of goods,
- reasonable discount on the purchase price,
- withdrawal from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if the goods cannot be properly used for repeated occurrence of defects or defects after repair,
- in case of a larger number of defects of the goods
- Material breach of a contract is a such breach, where the party in breach of the contract already knew or must have known at the time of the contract conclusion that the other party would not have concluded the contract if this breach had foreseen.
- In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
- If there has been a remediable defect after repair repeatedly (usually a third claim for the same defect or a fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply the request for a discount on the purchase price, replacement of goods or withdrawal from the contract.
- When making a claim, the buyer is obliged to tell the seller what right he has chosen. A change of choice without the seller's consent is possible only if the buyer has requested a correction of the defect, which proves to be irreparable. If the buyer does not choose his right from a substantial breach of contract in a timely manner, he has the same rights as in the case of a minor breach of contract.
- If repair or replacement of goods is not possible, upon withdrawal from the contract, the buyer may demand a full refund of the purchase price.
- If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The seller is obliged to accept the claim in any establishment in which acceptance of the claim is possible, possibly at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what is the content of the claim and what method of handling the claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the correction and its duration, or written justification for the rejection of the claim.
- The seller or his authorized worker decides on the claim without delay, in complex cases within three working days. This period does not include a period appropriate to the type of product or service required for the professional assessment of the defect. The claim, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller agrees with the buyer on a longer period. The vein expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment when the buyer's will (exercise of the right of defective performance) to the seller occurs.
- The seller informs the buyer in writing about the outcome of the claim.
- The right of defective performance does not lie with the buyer if the buyer knew before taking over the thing that the thing has a defect, or if the buyer himself caused the defect.
- In the event of a legitimate claim, the buyer has the right to reimbursement of the costs incurred in connection with the claim. This right can be exercised by the buyer at the seller within one month after the expiry of the warranty period, otherwise the court does not have to grant it.
- The buyer has the choice of the method of claim.
- The rights and obligations of the parties with respect to rights arising from defective performance are governed by Sections 1914 to 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code and Act No. 634/1992 Coll., Czech Republic, on consumer protection.
- The Contracting Parties may deliver all written correspondence to each other by e-mail.
- The buyer delivers correspondence to the seller at the e-mail address listed in these Terms and Conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or order.
IX. Personal data
- All information provided by the buyer in cooperation with the seller is confidential and will be treated as so. If the buyer does not give the seller written permission, the buyer's data will not be used by the seller in any other way than for the purpose of performance under the contract, except for the e-mail address to which commercial communications may be sent, as this procedure is allowed by law, unless expressly refused. Such communications may relate only to similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by click on a unsubscription link). For this purpose, the e-mail address will be kept for 3 years after the conclusion of the last contract between the parties.
IX. Out-of-court dispute resolution
- The Czech Trade Inspection Authority with its registered office Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located on the internet address http://ec.europa.eu/consumers/odr can be used in resolving disputes between the seller and the buyer from the purchase contract.
- European Consumer Centre Czech Republic with its registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation No 524/2013 of the European Parliament and of the Council (EU) of 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 (Consumer Dispute Resolution Regulation online).
- The seller is entitled to sell the goods based on a trade license. The trade inspection is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., Czech Republic on Consumer Protection, to a defined extent.
X. Final provisions
- All arrangements between the seller and the buyer are governed exclusively by the law of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legislation.
- Relationships and any disputes will be resolved either by the competent courts of the Czech Republic in accordance with law of the Czech Republic or by out-of-court dispute resolution as specified in previous section. UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
- The seller is not bound by any codes of conduct within the meaning of § 1826 para 1e) of the Civil Code, Czech Republic.
- All rights in the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part there of it without the seller's consent.
- Seller is not responsible for errors arising as a result of third parties' interference with the eshop or as a result of its use contrary to its destination. Buyer is not allowed to use procedures that could have a negative impact on its operation when using the Eshop and is not allowed to engage in any activity that could allow it or third parties to unlawfully interfere with or unlawfully use the software or other components constituted on the eshop and to use the eshop or parts or software in a manner contrary to its intended or purpose.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para 2 of the Civil Code, Czech Republic.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The wording of the terms and conditions may be amended or supplemented by the seller. This provision shall be without prejudice to rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
- An annex to the terms and conditions is a Withdrawal form for consumers.
These Terms and Conditions take effect on November 1st, 2019
ANNEX - Withrawal form
This is Withdrawal from the contract by Consumer within 14 days from the contract conclusion (pursuant to the § 1829, Civil Code, Czech Republic).
Email: ……………………………………………………Tel: …………………………………………………
E-shop (Seller) and the return delivery address:
Antala Staska 64
14000 Prague 4
Order or Invoice number*: ……………………………………………………
Good(s) and quantities for which withdrawal from the contract is applied*:
- Selected items and quantities:
Bank account for return of funds (only if different payment method for the return than initial is required):
Account number or IBAN: ………..……………………………………………………………………………………………….…
Additional bank details if outside EU: BIC (swift code): ………………………………………..………………
Bank name and address:………………………………………………………………………………………………………………
Beneficiary name and address:……………………………………………………………………….……………………………..
These goods shall be returned to the eshop (if this letter is not a part of return package) to the address above without delay (the latest in 14 days) undamaged, unworn and unsoiled and, if possible, in the original packaging. The funds will be returned back to the consumer the same way back as initially paid (or to account if specified above) without delay upon receipt of all the goods and quantities specified in this withdrawal form. This withdrawal applies for end consumers only (i.e. not for entrepreneur, company, or another legal entity type of customers – see T&C for further details).
Date*:………………………. Consumer signature (if sent in paper form): …………………………………………