IMIT s.r.o., with its registered office in Radslavice 315, 75111, company ID: 62360540 (hereinafter referred to as the "Seller")
1. These General Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") were elaborated in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as "the Commercial Code") and Act No. 634/1992 Coll. , on Consumer Protection, as amended (hereinafter the "Act") and other effective legal regulations.
2. The customer of the Imit.cz internet shop is either:
(i) a consumer within the meaning of Section 2 (1) a) The Act,
(ii) an entrepreneur who, when concluding and performing a contract, acts in the course of his business or
(iii) government or self-government (these three types of customers are hereinafter referred to as "buyers"). Business terms do not apply to cases where a person who intends to buy goods from a seller acts in the course of his business.
3. Business terms and conditions govern, in accordance with the provisions of Section 1751 (1), the mutual rights and obligations arising in connection with or on the basis of a sales contract concluded between the seller and the buyer through the seller's internet shop. The e-shop is operated by the seller on a web site located at https://www.imit.cz.
4. By signing the Purchase Agreement, the Buyer agrees to the Terms of Business and the Complaint Rules, which form an integral part of these Terms and Conditions and confirms that they are properly acquainted with them. The Buyer has been notified and has the opportunity to become acquainted with these Terms and Conditions and the Complaint Procedure before the Purchase Agreement is concluded.
5. A provision derogating from the terms and conditions may be negotiated in the purchase contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
6. The Seller acts in the course of its business activity when concluding and fulfilling the purchase contract. The seller is an entrepreneur who delivers goods or services directly or through other entrepreneurs.
7. The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1. The proposal for the conclusion of the purchase contract (offer) is the placement of the offered goods by the seller on the site. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address. The contract may be altered or canceled only by agreement between the parties or for legal reasons. Seller reserves, among other things, the right to cancel the order or part thereof before the purchase contract is concluded in the following cases: the goods are no longer manufactured or delivered or the price of the goods supplier has changed significantly. If the buyer has already paid a portion of the purchase price or the full purchase price, this amount will be refunded.
2. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order. The order is sent by the buyer to the seller by clicking the "Submit order" button.
3. For any gift that is provided entirely free of charge, any rights of the buyer (consumer) can not be exercised. Such goods meet the terms of the gift agreement and are governed by applicable law. The gift agreement is concluded between the seller and the buyer with the condition that if the buyer withdraws from the purchase agreement within 14 days according to § 1829 par. 1 of the Commercial Code, he is obliged to return the delivered gifts together with the purchased goods to the seller.
4. The Seller reserves the right to cancel the order for goods labeled "Not Currently Available" if the goods can no longer be dispatched or replaced by another model or if its price has changed significantly and the buyer does not accept this before the purchase contract is actually accepted. The seller of the buyer informs the buyer about this situation. If part or all of the order is paid, the buyer will be refunded.
1. Rights and obligations regarding defective performance rights are governed by applicable generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of CT.
2. The Seller shall be liable to the Buyer for the goods to be free from defects. In particular, the seller is responsible for the fact that, at the time the buyer took over: (a) has the features agreed by the parties and, in the absence of an arrangement, such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and advertising (c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined in accordance with the agreed sample; or (b) the goods are fit for the purpose for which they are used by the seller or to which the goods are normally used; (d) the goods are in the appropriate quantity, degree or weight and (e) comply with the requirements of the legislation.
3. If the goods do not have the abovementioned properties, the buyer may also require the supply of new non-defective goods if this is not disproportionate due to the nature of the defect, but if the defect relates only to parts of the goods, the buyer may only require replacement parts; if this is not possible, it can withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to a free removal of the defect. The right to the delivery of new goods or the replacement of the parts is the buyer even in the case of a defect that can be remedied if he can not properly use the goods for repeated defects after repair or for more defects. In that case, the buyer has the right to withdraw from the contract.
4. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new non-defective goods, replace parts or repair, he may require a reasonable discount. The Buyer has the right to a reasonable discount on page 3 of 6 even if the seller can not deliver the new items without defects, replace the item or repair it, and if the seller fails to remedy the remedy within a reasonable time or that the remedy for the buyer (the consumer) caused considerable difficulties.
5. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the receipt. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
6. The right of defective performance of the buyer does not belong if the buyer knew he had a defect before the goods were taken over, or if the buyer caused the defect himself.
7. Article III. paragraph 2 of the Commercial Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed; the wear and tear of goods caused by its usual use; in the case of second-hand goods, the corresponding amount of use or wear and tear which the goods had at the time of takeover by the buyer, or if it results from the nature of the goods.
8. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
IV. Right of withdrawal
1. If the purchase contract is concluded by means of distance communication (in the online shop), the buyer has the right, in accordance with the provisions of Section 1829, paragraph 1, of the CP without giving any reason to withdraw from the contract within 14 days of receipt of the goods.
2. Withdrawal from the sales contract must be dispatched to the seller within the time specified in the previous paragraph and the buyer shall indicate that he / she will withdraw from the contract ideally with the order number, purchase dates and, where applicable, the money account number (s).
3. In order to withdraw from the purchase contract, the buyer may also use the model form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises or premises or to the email address of the seller at firstname.lastname@example.org.
4. In the event that the buyer withdraws from the contract under the preceding paragraph, the seller shall return the money received from the buyer (excluding the amount representing the additional cost of delivering goods resulting from the purchaser of the chosen method of delivery of goods other than the least expensive standard delivery of goods offered by the seller ) within 14 days of withdrawal from the buyer's contract in the same way as the seller has accepted from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5. The provisions of the cancellation notice within 14 days pursuant to Section 1829 (1) of the CT must not be understood as the possibility of free-of-charge lending. In the event of the right to withdraw from the contract within 14 days of the receipt of the goods pursuant to Section 1829 (1) of the Purchaser, the Buyer shall, within 14 days of withdrawal from the Contract, issue to the Seller all that he has obtained on the basis of the contract in question. If this is no longer possible (for example, in the meantime, goods have been destroyed or consumed), the buyer must provide a cash refund in return for what can not be issued. If the returned goods are partially damaged, the seller may claim the buyer's right to compensation and set off his claim for the returned purchase price and thus return the buyer (consumer) the reduced purchase price.
6. In accordance with the provision of § 1833 of the Purchaser's Purchase Price to be returned to the Purchaser, Seller may deduct an impairment of the value of the returned merchandise.
7. The right to withdraw from the contract in accordance with Section 1837 of the Purchaser does not have, in particular, in the case of contracts:
(a) the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has communicated to the purchaser before the conclusion of the contract that in that case he has no right to withdraw from the contract,
(b) the supply of goods or services the price of which depends on financial market disparities, irrespective of the seller's intention and which may occur during the withdrawal period,
(c) the supply of goods which has been adjusted according to the buyer's wishes or for him,
(d) the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
(e) repairs or maintenance carried out at the place specified by the purchaser at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
8. In the event of withdrawal, the purchaser shall bear the costs associated with the return of the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if such goods can not be returned by their normal postal route.
The buyer may pay the buyer the following goods in the following ways: the goods and any costs associated with the delivery of the goods under the purchase contract:
5.0.1 in cash at the vendor's place of delivery at Radslavice 315, 75111;
5.0.2 cash in cash at the place specified by the buyer in the order;
5.0.3 cashless from a bank in the Czech Republic in CZK by transfer to Seller's account No. 103882405/0300, maintained by Československá obchodní banka a.s .;
5.1. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
5.2. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.5 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
5.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 business days of the purchase agreement.
5.4. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
5.5. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
5.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
5.7. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - the invoice is issued by the seller to the buyer after the price of the goods has been paid and will be sent together with the order. In case of interest, the seller can send the invoice - invoice to the buyer in electronic form at the specified email address. This interest can be expressed by the buyer in a note before the order is completed or on the contacts listed on the seller's website.
1. Pursuant to Act No. 112/2016 Coll., On sales records, as amended (the "Sales Accounts Act"), the seller is obliged to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator on-line; in the event of a technical failure, within 48 hours at the latest.
2. The Seller issues a receipt in accordance with the Electronic Sales Registry Bill sent by e-mail or in paper form, depending on the chosen payment method and mode of transport.
VII. Cost of using remotely communication means
1. Buyer agrees to use distance means of communication when entering into a purchase agreement. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
1. Buyers' complaints are handled by the seller through the electronic address email@example.com. Buyer information will be sent to the buyer's electronic address.
2. How the seller processes the buyer's personal details is described in the Customer Privacy section. The Buyer acknowledges that he is required to present his or her personal data correctly and truthfully and that he is obliged to inform the seller of any change in his personal information without undue delay. The buyer confirms that the provided personal data is accurate.
3. The Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of compliance with the law.
4. These Terms and Conditions apply in the wording given on the Seller's website on the date of the purchase agreement. Purchaser's order, once confirmed, as a signed contract between the buyer and the seller is archived in order to comply with it and other records and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages as well, unless this is the reason for the impossibility of closing it.
5. In the event of a dispute between the buyer (consumer) and the seller, the buyer (consumer) can also use the possibility of out-of-court settlement of the dispute. In this case, the buyer (consumer) can contact the out-of-court dispute resolution body, which is the Czech Trade Inspection (http://www.coi.cz) and follow the rules outlined there. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection. An alternative dispute resolution solution is also available through the on-line form at https://webgate.ec.europa.eu/odr/.
These terms and conditions are for purchase in the internet shops operated by Imit s.r.o. valid and effective from October 3, 2018.