Terms and conditions

Terms and Conditions

Individual Entrepreneur: Ondřej Zámečník

with registered office at Stamicova 827/11, Brno, 623 00

Identification Number: 02997321

for the sale of goods through the online store at www.ondrejzamecnik.com

Introductory Provisions

These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the individual entrepreneur Ondřej Zámečník, with registered office at Stamicova 827/11, Brno, 623 00, Identification Number: 02997321 (hereinafter referred to as the “Seller”) govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another individual (hereinafter referred to as the “Buyer”) via the Seller's online store. The online store is operated by the Seller on a website located at www.ondrejzamecnik.com (hereinafter referred to as the “Website”) through the interface of the Website (hereinafter referred to as the “Online Store Interface”).

The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person ordering goods as part of their business activity or independent profession.

Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Such deviations shall take precedence over the provisions of the Terms and Conditions.

The Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech. The Purchase Contract may be concluded in Czech.

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

Shipping and Delivery of Goods

If the delivery method is arranged based on the Buyer’s specific request, the Buyer assumes the risk and any additional costs associated with that delivery method.

If the Seller, according to the Purchase Contract, is required to deliver the goods to a location specified by the Buyer in the order, the Buyer is obligated to accept the goods upon delivery.

If, due to reasons on the part of the Buyer, it becomes necessary to deliver the goods repeatedly or in a different manner than stated in the order, the Buyer is responsible for covering the costs associated with repeated delivery or alternative delivery methods.

Upon receiving the goods from the carrier, the Buyer is required to inspect the integrity of the packaging and immediately notify the carrier of any damage. If there is evidence of tampering with the package, the Buyer may refuse to accept it. This does not affect the Buyer’s rights regarding liability for product defects or any other rights granted by general legal regulations.

Additional rights and obligations of the parties regarding the transport of goods may be specified in the Seller’s special delivery terms, if issued by the Seller.

Rights Arising from Defective Performance

The rights and obligations of the contractual parties regarding defective performance are governed by applicable general legal regulations (particularly Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll. on Consumer Protection, as amended).

The Seller guarantees that the goods are free of defects upon delivery to the Buyer. Specifically, the Seller guarantees that at the time the Buyer takes possession of the goods:

● the goods have the characteristics agreed upon by both parties, or if there is no specific agreement, the characteristics that the Seller or manufacturer has described or that the Buyer reasonably expects based on the nature of the goods and the advertising conducted by the Seller;

● the goods are suitable for the purpose stated by the Seller or for the usual purpose for which goods of this type are typically used;

● the quality or design of the goods corresponds to the agreed-upon sample or template, if the quality or design was determined by such sample or template;

● the goods are provided in the required quantity, measure, or weight; and

● the goods comply with legal requirements.

If a period for the use of the goods is indicated on the goods, their packaging, in accompanying instructions, or in advertising in accordance with other legal regulations, provisions on quality guarantee apply. A quality guarantee means that the Seller guarantees that the goods will be suitable for their usual purpose for a specified period or retain their usual characteristics. If the Buyer has rightly claimed a defect, the period for exercising rights arising from defective performance or the warranty period does not run while the Buyer cannot use the defective goods.

The provisions in Section 7.4 of the Terms and Conditions do not apply to goods sold at a reduced price due to a defect, for which the reduced price was agreed upon, or to wear and tear from normal use, defects in used goods to the extent of their previous use or wear, or as may be determined by the nature of the goods. The Buyer does not have the right to claim defective performance if the Buyer knew of the defect before accepting the goods or if the Buyer caused the defect.

Claims for defective goods should be made to the Seller. However, if another person designated for repairs is specified by the Seller in the warranty certificate (within the meaning of Section 2166 of the Civil Code) and is located at the Seller’s or Buyer’s location, the Buyer should make a repair claim to that designated person. Except in cases where another person is designated to perform repairs, the Seller is obligated to accept complaints at any of its business locations that are suitable for handling complaints, based on the range of goods sold, or at its registered office or place of business. The Seller must issue a written confirmation to the Buyer, specifying when the claim was made, the content of the complaint, and the requested method of handling it. The Seller is also required to confirm the date and method of complaint resolution, including confirmation of repair and the duration of the repair, or provide a written reason for rejecting the complaint. This obligation also applies to other persons designated by the Seller to perform repairs.

The Buyer may assert claims for defective performance by visiting the Seller in person at Stamicova 827/11, Brno, 623 00, by phone at +420720457063, or by email at info@ondrejzamecnik.com.

The Buyer must inform the Seller of the selected right when reporting the defect or without undue delay after reporting the defect. The Buyer cannot change this choice without the Seller’s consent, except if the Buyer has requested the repair of a defect that later proves to be unrepairable.

If the goods lack the properties specified in Section 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is disproportionate to the nature of the defect. If the defect only pertains to a part of the goods, the Buyer may only request the replacement of that part. If replacement is not possible, the Buyer may withdraw from the contract. If this is disproportionate to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to have the defect remedied free of charge. The Buyer also has the right to demand the delivery of new goods or a replacement part even in the case of a removable defect if the Buyer cannot properly use the goods due to the recurrence of the defect after repair or due to multiple defects. In such cases, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods, a replacement part, or repair, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace the part, repair the goods, or if the Seller fails to resolve the issue within a reasonable time or if remedying the defect would cause significant inconvenience to the Buyer.

Anyone entitled to claim under Section 1923 of the Civil Code is also entitled to reimbursement of expenses reasonably incurred when making this claim. However, if the right to reimbursement is not exercised within one month after the defect must be pointed out, the court will not grant the claim if the Seller objects that the right to reimbursement was not asserted in time.

Additional rights and obligations related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Procedure.

Additional Rights and Obligations of Contracting Parties

The Buyer gains ownership of the goods upon full payment of the purchase price.

The Seller is not bound by any codes of conduct towards the Buyer, as defined by Section 1826 (1) (e) of the Civil Code.

The Seller handles consumer complaints through the email address info@ondrejzamecnik.com. Information about the handling of the Buyer’s complaint will be sent to the Buyer’s email address.

The Czech Trade Inspection Authority (CTIA), located at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from the Purchase Contract. The online dispute resolution platform, accessible at http://ec.europa.eu/consumers/odr, can be used for disputes between the Seller and the Buyer arising from the Purchase Contract.

The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point as per Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the ODR Regulation).

The Seller is authorized to sell goods based on a trade license. Trade control is conducted within the scope of the relevant Trade Licensing Office’s authority. The Office for Personal Data Protection oversees personal data protection, and the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

The Buyer assumes the risk of changes in circumstances as per Section 1765 (2) of the Civil Code.

Protection of Personal Data

The Seller fulfills its information obligations towards the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR"). This concerns the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Contract, negotiating the Purchase Contract, and fulfilling the Seller’s legal obligations. The Seller provides this information through a separate document.

Sending of Commercial Communications and Cookies

The Buyer consents, in accordance with Section 7 (2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts, as amended, to the sending of commercial communications by the Seller to the Buyer’s email address or phone number. The Seller fulfills its information obligations toward the Buyer under Article 13 of the GDPR, concerning the processing of the Buyer’s personal data for the purpose of sending commercial communications, through a separate document.

The Buyer agrees to the storage of cookies on their computer. If it is possible to complete a purchase on the Website and fulfill the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw this consent at any time.

Communications to the Buyer may be sent to the Buyer’s email address.

Final Provisions

If the contractual relationship established by the Purchase Contract includes an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This choice of law does not deprive the Buyer, who is a consumer, of the protection provided by provisions of the legal order that cannot be contractually waived and that would otherwise apply in the absence of such choice, in accordance with Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision that most closely approximates the intent of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

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

An appendix to the Terms and Conditions includes a sample withdrawal form for the Purchase Contract: https://www.coi.cz/userdata/files/dokumenty-ke-stazeni/odstoupeni-od-smlouvy-formular.docx.

Contact details of the Seller:

Mailing address: Stamicova 827/11, Brno, 623 00

Email: info@ondrejzamecnik.com

Phone: +420 720 457 063

Issued in Brno on September 26, 2024