Obchodní podmínky

Terms and Conditions 

Terms and Conditions of the company IMMAX WPB CZ, s.r.o. with registered office at Pohoří 703, 742 85 Vřesina, identification number: 04611268, listed in the Commercial Register kept by the Regional Court in Ostrava, file number C 64379 (hereinafter referred to as "Seller") for the sale of goods through an online shop located at the Internet address http://www.immax.eu/.

1. Introductory provisions 
   1. These terms and conditions (hereinafter referred to as "terms and conditions") regulate in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., of the Civil Code, as amended (hereinafter referred to as "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at the internet address www.immax.eu. (hereinafter referred to as "Website"), through the website interface (hereinafter referred to as "the shop’s web interface").
   2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who in ordering goods acts in the course of his/her business or in the course of his/her independent exercise of his/her profession (and is therefore not a consumer within the meaning of the Civil Code).
   3. Provisions deviating from the terms and conditions may be arranged in the Purchase Agreement. Any deviating provisions arranged in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
   4. The provisions of these terms and conditions are an integral part of the Purchase Agreement.
   5. An integral part of the Purchase Agreement are also the provisions of special terms and conditions, by which the Seller regulates the conditions of sale of certain groups of goods, the use of special sales promotions or other deviations from these terms and conditions. The provisions of the Special Terms and Conditions shall prevail over the provisions of these Terms and Conditions.
2. User account 
   1. Based on the Buyer's registration made on the website, the Buyer can access their user interface. The Buyer can order goods from their user interface (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the shop’s web interface.
   2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
   3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
   4. The Buyer is not entitled to allow third parties to use the user account.
   5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than six (6) months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
   6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Seller or third parties.
3. Conclusion of the Purchase Agreement 
   1. All presentation of the goods placed in the shop’s web interface, including photographs, is or may be of an informative nature only and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732 paragraph 2 of the Civil Code shall not apply.
   2. The shop’s web interface contains information about the goods. Unless otherwise stated, prices of goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop’s web interface. This provision does not restrict the seller's ability to conclude the Purchase Agreement on individually agreed terms.
   3. The Buyer acknowledges that a situation may arise where, due to software failure or human error, the price of goods is displayed on the web interface which is apparently unusually low without justification, e.g. an ongoing discount promotion or otherwise. The Seller is entitled to withdraw from the Purchase Agreement if the Buyer ordered the goods at the price according to the previous sentence, even if the goods have already been delivered to the Buyer.
   4. The shop’s web interface also contains information about the costs associated with the delivery of goods or the chosen payment method. 
   5. To order goods, the Buyer fills in the order form in the shop’s web interface. The order form contains information about: 
      • ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the shop’s web interface),
      • the method of payment of the purchase price of the goods, the required method of delivery of the ordered goods and
      • the costs associated with the delivery of the goods, the chosen payment method, if applicable, and
      • individual modification of the goods according to the customer's requirements and the price of this modification (hereinafter collectively referred to as "order").
   6. Before sending the order to the Seller, the Buyer is allowed to check and change the data he/she has entered in the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "Buyer's e-mail address").
   7. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
   8. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's e-mail address.
   9. However, if the goods are sold in the pre-order mode, i.e. the availability of the goods is indicated as "Pre-order" or another text of similar meaning, the Purchase Agreement is concluded with the condition precedent of delivery of the goods by the supplier to the Seller. Also, the delivery time for orders containing goods in the pre-order mode is only indicative and the Seller is not responsible for its compliance. The Seller expressly points out that orders containing goods in the mode are dispatched only at the moment of their availability, i.e. in full. If the Buyer is interested in earlier delivery of goods that are available, he must create a separate order for it.
   10. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer himself/herself.
4. Price of goods and payment terms 
   1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer in the following ways. 
   2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with delivery, payment, modification of the goods and other related costs in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
   3. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable within fourteen (14) days from the conclusion of the Purchase Agreement.
   4. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.7), to demand payment of the full purchase price before the goods are sent to the Buyer. The same applies if the Buyer orders goods individually tailored to his/her needs. Section 2119 paragraph 1 of the Civil Code shall not apply.
   5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. The Buyer is obliged to check entitlement to the discount before sending the order. The discount cannot be claimed retrospectively.
   6. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue an invoice to the Buyer in respect of payments made under the Purchase Agreement and sends it in the shipment. The Seller is a payer of value added tax. The Seller sends the invoice to the Buyer in electronic form to the Buyer's e-mail address at the request of the Buyer.
5. Withdrawal from the Purchase Agreement 
   1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, or from a Purchase Agreement for the supply of perishable goods, such as goods which, after delivery, have been irretrievably mixed with other goods, or from a Purchase Agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, or from a Purchase Agreement for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
   2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Agreement cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, where the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer can use the sample form provided by the Seller, which is an annex to these terms and conditions. The Buyer may send the withdrawal from the Purchase Agreement to the address of the Seller's establishment (shop) or to the Seller's e-mail address indicated on the website. 
   3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller.
   4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer when the Buyer returns the goods, or in another way if the Buyer agrees to this and it does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller. 
   5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
   6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes receipt of the goods. In this case, the Seller shall return the purchase price, if already paid, to the Buyer without undue delay, in the same manner as the Seller received them from the Buyer.
   7. Notification of order cancellation sent to the Buyer's e-mail address is considered a withdrawal from the Purchase Agreement by the Seller. 
   8. If a gift, discount, or other benefit (e.g. bonus, 3 for the price of 2, etc.) is given to the Buyer together with the goods, the agreement on the provision of such gift, discount or other advantage between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement (even partially), the agreement on the provision of the gift, discount or other advantage ceases to be effective and the Buyer is obliged to return them, if possible, or to refund the Seller their price in money, if the return is not feasible by the nature of the items in question.
   9. The Seller is also entitled to withdraw from the Purchase Agreement if it was concluded under obviously unfavourable conditions due to human or technical failure (e.g. zero or obviously meaningless price of the goods, invalid or already used payment voucher or discount coupon, etc.), if it must have been obvious to the Buyer at the time of conclusion of the Purchase Agreement that the conditions offered by the Seller were unreasonably unfavourable for the Seller.
   10. Withdrawal form
6. Transport and delivery of goods 
   1. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
   2. The Seller shall deliver the goods to the Buyer in their entirety, no later than 15 days after the order confirmation, unless a different delivery date is specified for the individual goods. If the goods are listed as "in stock", the Seller will ship the goods within two working days at the latest.
   3. The shipping price and delivery method are listed here.
   4. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept receipt of the goods upon delivery.
   5. In the event that for reasons on the part of the Buyer is necessary to deliver the goods repeatedly or in a different way other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
   6. In the case of personal collection of goods in the Seller's establishment (shop), the Seller sends the Buyer a unique code (PIN), known only to the Buyer. The goods will then be handed over to the person who knows the order number and PIN. The Seller will not verify the identity of this person - the goods are deemed to have been accepted by the Buyer at the moment when the Seller's employee hands them over to the person who knew the order number and PIN, even if the goods have not subsequently come into the Buyer's possession.
   7. The Seller shall inform the Buyer who ordered the goods for personal collection at the Seller's premises of the deadline for collection, which shall not be shorter than three working days. If the Buyer does not collect the goods within the specified period, the Seller is entitled to withdraw from the Purchase Agreement or send the goods to the Buyer's address at his/her expense.
   8. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier. The provisions of this paragraph also apply to personal collection of goods at the Buyer's premises.
   9. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. Rights concerning defective performance 
   1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
   2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes delivery of the goods: 

• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer in view of the nature of the goods and on the basis of any advertising the goods are subject to.

• the goods are fit for the purpose stated by the Seller or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to an agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight; and
• the goods meet any legal requirements.

3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect (for which the lower price was agreed), to the wear and tear of the goods caused by their normal use, and in the case of second-hand goods to a defect corresponding to the level of use or wear and tear that the goods had when taken receipt of by the buyer, or if this results from the nature of the goods.
4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
5. The Buyer’s right to make a complaint concerning defective performance is exercised at the address of the Seller's establishment, where the acceptance of the complaint (claim) is possible with regard to the range of goods sold, or alternatively at the Seller’s registered office or place of business.
6. The Buyer is obliged to file a claim with the Seller or the person designated for repair without undue delay after discovering the deficiency. If he does so in writing or electronically, he will state his contact details, a description of the defect and a request for the method of handling the complaint.
7. Downloadable forms: 

Application of complaint (complaint sheet)

8. Upon notification of a defect, or without undue delay after notification of a defect, the Buyer is obliged to inform the Seller of the right (method of settlement of the complaint) he has chosen. A change of choice without the consent of the Seller is possible only if the Buyer requested the repair of a defect that turns out to be irreparable. If the Buyer does not choose his right from a material breach of contract in time, he has the same rights as for a non-material breach of contract.
9. The Buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for processing a complaint starts from the handover/delivery of the goods to the Seller or to the place intended for repair. The goods must be packed in suitable packaging to avoid damage during transport and must be clean and complete.
10. The Seller is obliged to make a decision on the claim without delay, within five working days at the latest, or on the fact that a professional assessment is required for the decision. Information about the need for a professional assessment will be communicated to the Buyer within this period.
11. The Seller will handle the buyer's complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless the Buyer agree in writing on a longer period. After the expiration of this period, the Buyer has the same rights as if there had been a material breach of the contract.
12. If the Seller refuses to remove the item's defect, the Buyer can demand a reasonable price discount or withdraw from the contract.
13. The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the Buyer was obliged to pick up the item.
14. The Seller undertakes to inform the Buyer about the settlement of the complaint by e-mail or SMS message.
15. In the case of a legitimate complaint, the Buyer is entitled to reimbursement of purposefully incurred costs. The buyer is obliged to ask the seller in writing for their payment and provide proof of payment.
7. Other rights and obligations of the parties 
   1. The Buyer acquires ownership of the goods by paying the full purchase price for the goods.
   2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 paragraph 1 e) of the Civil Code.
   3. Consumer complaints are handled by the Seller via the electronic address provided on the website. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's e-mail address.
   4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, Internet address: https://adr.coi.cz/cs. is the competent body for out-of-court settlement of consumer disputes arising from a Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Agreement.
   5. The European Consumer Centre of the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation concerning online dispute resolution for consumer disputes).
   6. The Buyer can also contact dTest, o.p.s. for advice regarding their consumer rights or via www.dtest.cz/poradna or by phone 299 149 009.
   7. The Seller undertakes to preferentially seek out-of-court settlement of disputes with the Buyer, if the Buyer does not reject them. Out-of-court dispute settlement can also be done through the VašeStížnosti.cz service on the website www.vasestiznosti.cz.
   8. The Seller is entitled to sell goods on the basis of holding a valid trade licence. Trade control is carried out within the scope of its competence by the relevant trade licencing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
   9. The Buyer assumes the risk of a change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.

9. Personal data protection 
   1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to 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") related to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement and for the purposes of the performance of the Seller's public obligations by means of a separate document.
10. Sending commercial communications and storing cookies 
    1. The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's e-mail address and further agrees to receive commercial communications from the Seller at the Buyer's e-mail address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
    2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent to cookie storage stated in the previous sentence at any time.
11. Delivery 
    1. In the case of delivery of documents between the Seller and the Buyer, the Seller's place of business and the Buyer's address specified in the order are considered to be the delivery address.
12. Deposit for goods

14. Final provisions 
    1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that their legal relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the Buyer, who is a consumer, of the protection afforded by the provisions of the legal system which cannot be contractually deviated from and which would otherwise apply in the absence of a choice of law under Article 6 paragraph 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).
    2. Unless otherwise stated, the Purchase Agreement may only be concluded in Czech language.
    3. If any provision of the Terms and Conditions is, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Buyer.
    5. Any changes to the Terms and Conditions in a form other than mutually agreed upon in writing are excluded.

These Terms and Conditions are effective from 01.11.2024