General Terms and Conditions

 

Basic Information about the Seller:

 

Business Name:            Martin Jaskula

Registered Office:        Hradská 497, 747 64 Velká Polom

Company ID(IČO):        13603469

Tax ID (DIČ):                   CZ6906235578

Account Number:        151662802/0300

 

Contact Information:

 

Email:                              market@termokryty.cz

 

 

Basic Provisions

 

1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the mutual rights and obligations of the contracting parties arising from the purchase contract concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller’s e-shop.

 

2. By ordering goods on our e-shop, the GTC become binding for both the buyer and the seller. The order is created and the contract is concluded at the moment the seller receives the advance payment.

 

3. By sending the order, the buyer declares and assures the seller that:
   1. They are authorized to conclude the purchase contract,
   2. All information provided in the order is true,
   3. By concluding the purchase contract, they do not violate any legal regulations.

 

4. Ownership of the goods passes to the buyer at the moment they pay the full purchase price; until then, the goods remain the property of the seller.

 

5. If the buyer is a consumer, the seller will issue a confirmation of the concluded contract in text form within a reasonable time after its conclusion, but no later than at the moment of delivery of the goods. The contract is concluded in the Czech language, and the contract is also stored with the seller, who archives it and allows access to it for the buyer upon their request.

 

6. The buyer is obliged to pay the seller the costs associated with packaging and delivering the goods together with the purchase price, unless otherwise stated, the purchase price is understood to include the costs associated with packaging and delivering the goods.

 

7. After concluding the contract and paying the full purchase price, the seller will deliver the goods to the buyer in the chosen manner. The buyer’s cooperation is necessary for the delivery and receipt. The risk of damage to the goods passes to the buyer at the moment of receipt or at the moment the buyer refuses to accept the goods.

 

8. The time and duration of delivery depend on the capabilities of the chosen carrier, who is responsible for delivering the goods to the address provided by the buyer. The buyer bears the transportation costs.

 

9. The buyer is obliged to check the integrity of the goods’ packaging upon receipt from the carrier and immediately report any defects to the carrier. If the packaging is found to be damaged, indicating unauthorized entry into the shipment or other damage, the buyer is not obliged to accept the shipment from the carrier. If the buyer accepts the damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery protocol and then send the protocol along with a description of the goods’ defect to our email address.

 

 

Withdrawal from the Contract by the Consumer

 

10. If you are a consumer, you have the right to return the goods within 14 days. The goods must not be damaged, defective, and must be free of signs of use. If there are signs of wear or other use on the goods, we may reduce the refunded purchase price due to the decrease in the value of the goods.

 

11. In the case of goods made according to the consumer’s requirements or adapted to their personal needs, withdrawal from the contract according to this article of the terms and conditions is not possible.

 

12. When withdrawing from the contract, you must return the goods to us without undue delay, no later than 14 days from the withdrawal itself. You return the goods at your own expense, which will not be reimbursed. The goods should be undamaged, unused, and clean, including all accessories received with them. If possible, the goods should be returned in the original packaging.

 

13. Send the withdrawal from the contract to us along with the returned goods and use the following form for withdrawal:

 

Sender: Name and Surname: Address: (optional: email, phone number)

Recipient: Seller: (name and surname/business name) Company ID: Registered Office:

 

Notice of Withdrawal from Purchase Agreement

 

On [date], I ordered goods from your website [website name], order number [order number], valued at [amount] CZK. I received the ordered goods on [date].

Based on Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, I am exercising my legal right to withdraw from the purchase agreement concluded via the internet, which concerns the above-mentioned goods. I am returning the goods to you with this letter and request a refund of the purchase price of [amount] CZK and [amount] CZK for postage to my bank account number [account number] no later than 14 days from the delivery of this withdrawal notice.

 

In [city], on [date]

Consumer's Name and Surname:

[signature]

 

Attachments: Proof of Purchase

 

14. The refund will be processed using the same payment method as the original transaction within 14 days of the withdrawal from the contract, but not before the returned goods are received. You are also entitled to a refund of the delivery costs incurred when ordering the goods, but only up to the amount corresponding to the cheapest delivery method offered on the e-shop.

 

 

Seller's Withdrawal from Contract

 

15. If the buyer is in default with the payment of the purchase price or fails to take delivery of the goods, the seller is entitled to withdraw from the purchase agreement. In such cases, the seller has the right to claim compensation for shipping and other costs associated with the return of the goods.

 

16. The seller also has the right to withdraw from the contract if the production or supply of the goods is terminated, due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier has discontinued production or import of the goods, or if there is a significant change in its price. The seller will notify the buyer of the withdrawal via the email address provided in the order and will refund all monetary funds, including delivery costs received under the contract, within 14 days of the notice of withdrawal, using the same payment method, or if not possible, by a method specified by the buyer.

 

 

Complaints Procedure

 

17. The complaints procedure is an integral part of these Terms and Conditions.

 

18. The seller issues a proof of purchase (invoice) for each purchased item, containing the legally required information necessary for warranty claims. A warranty certificate may also be provided with the delivery of the goods.

 

19. The period for exercising rights from defective performance begins on the day the buyer takes possession of the goods.

 

20. The period for new goods is 24 months.

 

21. Rights from liability for defects in goods covered by a quality guarantee expire if not exercised within the specified period.

 

22. In the case of resolving a complaint by exchanging goods, a new period does not begin; the decisive period starts on the day the buyer takes possession of the goods.

 

23. The shipment must include: securely packed defective goods including accessories, a copy of the proof of purchase, a detailed description of the defect, the buyer's contact information, and the proposed method of resolving the complaint (e.g., exchange, repair, refund, discount).

 

24. Goods submitted for complaint will be tested only for the defect specified by the buyer.

 

25. The seller will decide on the complaint and resolve it, including removing the defect, no later than 30 days from the day following the delivery of the defective goods to the seller. After this period, it is assumed that the defect existed, and the buyer has the same rights as if it were an irremovable defect.

 

26. The seller will issue the buyer an electronic confirmation of the date and method of resolving the complaint, including confirmation of the repair and the duration of the complaint, or a justification for rejecting the complaint. (All communication with customers is conducted electronically)

 

27. After resolving a recognized complaint by repair or exchange, the warranty period for the goods is extended by the duration of the complaint. The duration of the complaint is calculated from the day following its submission to the day the buyer is informed of its resolution.

 

28. The seller bears the costs of transportation associated with exercising a justified complaint.

 

29. The buyer is obliged to take possession of the complained goods without undue delay within 30 days from the day they were informed of its resolution; this period cannot expire earlier than 60 days from the submission of the complaint.

 

Rights from Defective Performance

 

30. If an item has a defect, the buyer may request its removal. The buyer can choose to request the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this is assessed particularly with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer.

 

31. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value the item would have without the defect.

 

32. The buyer may request a reasonable discount or withdraw from the contract if:
    1. The seller refused to remove the defect or did not remove it in accordance with Section 2170(1,2),
    2. The defect appears repeatedly,
    3. The defect constitutes a substantial breach of the contract, or
    4. It is evident from the seller's statement or circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the buyer.

 

33. A reasonable discount is determined as the difference between the value of the item without defects and the defective item received by the buyer.

 

34. If the buyer withdraws from the contract, the seller will refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that the item has been sent.

 

 

Quality upon Acceptance

 

35. The seller is responsible to the buyer that the item has no defects upon acceptance. Specifically, the seller is responsible to the buyer that at the time the buyer accepted the item:

 

1. The item has the properties agreed upon by the parties, and if there is no agreement, such properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising conducted by them.
2. The item is suitable for the purpose for which the seller states it is used or for which items of this kind are usually used.
3. The item is in the appropriate quantity, measure, or weight.
4. The item complies with the requirements of legal regulations.

 

36. If a defect appears within one year of acceptance, it is assumed that the item was defective at the time of acceptance by the buyer, unless the seller proves otherwise.

 

 

Complaints

 

37. All complaints can be reported via email or sent in writing to the seller's addresses listed in the header.

 

38. The seller is authorized to sell goods based on a trade license. The seller's activities are not subject to any other authorization.

 

39. Trade supervision is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection Authority (https://www.coi.cz/) oversees compliance with legal regulations concerning technical requirements for goods and product safety. In the case of food products, the State Agricultural and Food Inspection Authority (https://www.szpi.gov.cz/) is responsible, and for veterinary products, the Institute for State Control of Veterinary Biologicals and Medicines (http://www.uskvbl.cz/) is in charge. The Czech Trade Inspection Authority also monitors compliance with consumer protection regulations. Consumer rights are also defended by their interest associations and other entities dedicated to their protection.

 

 

Payments and Invoicing

 

40. Payments: All payments should be made according to the terms specified in the contract. The goods remain the property of the seller until the full purchase price is paid.

 

41. Invoice Details: Once the order has been sent, the details on the invoice cannot be changed.

 

42. Refunds: If the buyer withdraws from the contract or if a refund is necessary for any other reason, the funds will be returned in the same manner they were received. If this is not possible, the funds will be returned to the account provided by the buyer in writing.

 

43. Prices: Prices are final and include VAT unless otherwise stated. The cost of transport is not included in the price of the goods.

 

44. Production and Payment: Goods are put into production only after the deposit is paid by the buyer. After production is completed, the seller will request the remaining purchase price, which is due within 5 days of the request. The goods will be sent to the buyer only after the full purchase price is received. In the case of cashless payment, the price is considered paid when the amount is credited to the seller's bank account. If the purchase price is not received by the due date, the seller reserves the right to withdraw from the contract.

 

Final Provisions

 

45. Relationships and any disputes arising from the purchase contract are governed exclusively by the laws of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods does not apply in accordance with Article 6 of this convention.

 

46. The contract is concluded electronically in the Czech language.

 

47. The concluded contract is stored in the e-shop system for at least three years from its conclusion, but no longer than the period specified by the relevant legal regulations.

 

48. These General Terms and Conditions, including all their components, are valid and effective from January 1, 2025, and cancel the previous version of the GTC, including its components.

 

49. These General Terms and Conditions are published in full on the seller's websites termokryty.cz and www.thermocovers.eu.