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Terms and Conditions

Terms and conditions of IMMAX WPB CZ, s.r.o., with registered office: Pohoří 703, 742 85 Vřesina, ID No.: 04611268, registered at the Regional Court in Ostrava, file No. C 64379 (hereinafter referred to as the "Seller") for the sale of goods through the on-line shop located at the Internet address 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(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "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 "Purchase Contract") concluded between the Seller and another legal or natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at www.immax.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop 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 natural person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession (and is therefore not a consumer within the meaning of the Civil Code).
   3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
   4. The provisions of the terms and conditions are an integral part of the purchase contract.
   5. An integral part of the purchase contract 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. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
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 information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
3. Access to the user account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding 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 contract
   1. All presentation of the goods placed in the web interface of the shop, including photographs, is or may be of an informative nature only and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
   2. The web interface of the shop 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 web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
   3. The Buyer acknowledges that a situation may arise where, due to software failure or human error, the price of the 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 Contract if the Buyer has ordered the goods at the price according to the previous sentence, even if the goods have already been delivered to the Buyer.
   4. The web interface of the shop 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 web interface of the shop. The order form contains in particular information about:

1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
2. the method of payment of the purchase price of the goods, the required method of delivery of the ordered goods and
3. the costs associated with the delivery of the goods, the chosen payment method, if applicable, and
4. individual modification of the goods according to the customer's requirements and the price of this modification
   (hereinafter collectively referred to as the "Order").

6. Before sending the order to the Seller, the Buyer is allowed to check and change the data he 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 data provided in the order is considered correct by the Seller. Immediately after receipt of the order, the Seller shall confirm receipt of the order to the Buyer by e-mail , to the Buyer's e-mail address indicated in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
7. Depending on the nature of the order (quantity of goods, amount of the 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 electronic address.
9. However, if the goods are sold under the pre-order mode, i.e. the availability of the goods is indicated as "Pre-order" or by other text of similar meaning, the purchase contract is concluded with a condition precedent for the delivery of the goods by the supplier to the seller. Also, the delivery period for an order containing pre-order goods is only indicative and the Seller shall not be liable for its observance. The Seller expressly points out that orders containing goods in the mode are only dispatched when they are available, i.e. in full. If the Buyer wishes to have goods that are available delivered earlier, he must create a separate order for them.
10. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

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 Contract may be paid by the Buyer to the Seller in the ways set out herein.
   2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with delivery, payment, adjustment of the goods and other related costs in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include 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 the case of non-cash payment, the purchase price is due within fourteen (14) days of the conclusion of the purchase contract.
   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 adapted to his needs. Section 2119(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 his/her entitlement to the discount before sending the order. The discount cannot be claimed retrospectively.
   6. If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue an invoice to the Buyer in respect of payments made under the Purchase Contract and send it in a consignment. The Seller is liable for value added tax . At the Buyer's request, the Seller shall send the invoice to the Buyer in electronic form to the Buyer's electronic address.

5. Withdrawal from the purchase contract
   1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract 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 contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract 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. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address indicated on the website. The Seller does not accept mail and shipping at the address of the company's registered office.
   3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract 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 Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning 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 shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by 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 to him.
   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 contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such case, the Seller shall refund the purchase price to the Buyer, if already paid, without undue delay and in the same manner as the Seller received it from the Buyer.
   7. Notification of order cancellation sent to the buyer's e-mail address is considered a withdrawal from the purchase contract 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 contract (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 together, if possible, or to refund the Seller their price in money, if the return is not feasible by the nature of the matter.
   9. The seller is also entitled to withdraw from the purchase contract if it was concluded under obviously unfavourable conditions due to human or technical failure (e.g. zero or obviously meaningless price of the goods, reusable payment voucher or discount coupon, etc.), if it must have been obvious to the buyer at the time of conclusion of the purchase contract that the conditions offered by the seller are 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 complete, no later than 15 days from the order confirmation, unless a different delivery time is specified for individual goods. If the goods are listed as "in stock", the Seller shall 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 Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
5. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than 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 shall be deemed to have been received 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 with personal collection at the Seller's premises of the deadline for collection, which shall not be shorter than three working days. If the Buyer fails to collect the goods within the said period, the Seller shall be entitled to withdraw from the contract of sale or send the goods to the Buyer's address at the Buyer's 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 that the packaging is found to have been damaged in a way that indicates unauthorised intrusion into the shipment, the Buyer may not accept the damaged shipment from the carrier and is entitled to refuse it. At the same time, the buyer is obliged to take photo documentation of the damaged shipment and immediately inform the seller about the damage to the shipment. The provisions of this paragraph also apply to personal collection of the goods at the Seller's premises.
9. Other 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 from 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 took delivery of the goods:

1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer with regard to the nature of the goods and on the basis of the advertising carried out by them,
2. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
4. the goods are in the appropriate quantity, measure or weight; and
5. the goods meet the requirements of the legislation.

3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over 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 assert the right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
5. The buyer claims the rights from the defective performance at the seller's address of the seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold. The seller does not accept claims at the address of the company's registered office.
6. The buyer is obliged to file a claim with the seller or a person designated for repair without undue delay after the discovery of the defect. If the Buyer does so in writing or electronically, he shall provide his contact details, a description of the defect and a request for the method of settlement of the claim. The contact details for the handling of the complaint are given on the company's website
7. Forms for download:

Making a claim (claim form)

8. Upon notification of the defect, or without undue delay after notification of the defect, the buyer is obliged to inform the seller what right (method of claim settlement) he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of 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 time limit for the settlement of the claim starts from the handover/delivery of the goods to the seller or to the place designated for repair. The goods must be packed in suitable packaging to prevent damage during transport and must be clean and complete.
10. The Seller is obliged to decide on the complaint without delay, within five working days at the latest, or if a professional assessment is required to make a decision. The information about the need for a professional assessment shall be communicated to the buyer within this period.
11. The Seller shall settle the Buyer's complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its application, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.
12. If the seller refuses to remedy the defect, the buyer may demand a reasonable discount on the price or withdraw from the contract.
13. The warranty period shall be extended by the time from the time the claim is made until it is settled or until the time the buyer is obliged to collect the item.
14. The Seller undertakes to inform the Buyer about the settlement of the complaint by e-mail or SMS.

8. Other rights and obligations of the parties
   1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
   3. Consumer complaints are handled by the Seller via the electronic address provided on the website. The Seller sends information about the handling of the Buyer's complaint to the Buyer's electronic 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 competent for the out-of-court settlement of consumer disputes arising from purchase contracts. 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 contract.
   5. The European Consumer Centre 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 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
   6. The buyer may also contact dTest, o.p.s. viawww.dtest.cz/poradna or by calling 299 149 009 for advice on his/her consumer rights.
   7. The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses. Out-of-court settlement of the dispute can also be done through the YourComplaints.cz service on the website www.vasestiznosti.cz.

8. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised 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(2) of the Civil Code.
8. Personal data protection

1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 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 the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract and for the purposes of the Seller's public law 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 electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation 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 contract can be fulfilled, without storing cookies on the buyer's computer, the buyer may withdraw the consent according to 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 shall be considered the delivery address.

12. Deposit on goods

13. Information and advice
    1. All oral and written information about the suitability and possibility of use of the goods supplied is communicated to the best of the seller's knowledge. However, they represent only the value of the Seller's experience and information obtained by the Seller himself, from the manufacturer or from his supplier.
    2. Complaints and comments of the Buyer, which relate to the contractual relationship concluded between the Seller and the Buyer, shall be handled by the Seller in accordance with the applicable regulations, where the Buyer may lodge complaints and comments at the company's premises or may use the e-mail address: info@immax.czIf the content of the complaint is a complaint of goods, the complaint will be handled as a complaint in accordance with the applicable legislation.
    3. The Seller ensures the take-back of electrical equipment, batteries and accumulators in accordance with the relevant legislation.
14. Final provisions

1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that their legal relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of 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).
2. Unless otherwise stated, the Purchase Contract may only be concluded in the 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 Contract, including the Terms and Conditions, is archived by the Seller in electronic form.
5. Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.

These terms and conditions are effective from 1.11.2024