Terms and Conditions
Terms and Conditions IMMAX WPB CZ, s.r.o.
These terms and conditions apply to purchases made in the online shop www.immax.cz, operated by IMMAX WPB CZ, s.r.o. The terms and conditions specify the rights and obligations of the seller and the buyer.
Definition of terms
The Buyer is a consumer or an entrepreneur.
A consumer buyer, or just a consumer, is a person who, unlike the seller, does not act within the scope of his/her business or profession when concluding and performing a contract.
A buyer who is not a consumer is an entrepreneur. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name or on behalf of an entrepreneur, shall also be regarded as an entrepreneur.
An offer is a legal act aimed at the conclusion of a contract if it contains the essential elements of the contract so that the contract may be concluded by simple and unconditional acceptance thereof and if it implies the intention of the offeror to be bound by the contract if the offer is accepted.
An offer to supply goods or services at a specified price made in the course of business by advertising, cataloguing or displaying goods shall be deemed to be an offer subject to exhaustion of stock or loss of the entrepreneur's ability to perform.
Name : IMMAX WPB CZ, s.r.o.
Registered office : Pohoří 703, 742 85 Vřesina
ID NO: 04611268
Registered : at the Regional Court in Ostrava, Section C, Insert 64379
Email : firstname.lastname@example.org
Contact address: Teslova 1179/2 , 702 00 Ostrava - Přívoz
Verify the seller's details here.
The information about the goods and the price given by the seller is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery costs.
Information on accepted methods of payment is given here.
Acceptance of a quotation with an amendment or deviation is not acceptance of the quotation.
The buyer cannot deviate from the seller's offer when selecting goods. If the buyer specifies in the order goods other than those offered by the seller or goods with different characteristics, the contract will not be formed. At the same time, the seller cannot deliver goods other than those ordered by the buyer, unless otherwise agreed.
Acceptance of unsolicited performance by the buyer does not constitute acceptance of the offer.
The purchase contract is concluded in the Czech language.
The resulting purchase contract or tax document will be stored in an electronic archive.
Customers will be sent the contract in electronic form on request.
The purchase contract is formed by the acceptance of the public offer, i.e. by the delivery of the order by the consumer.
The pictures of the goods are for illustrative purposes only and may not correspond to the actual form of the item.
Delivery of goods
The Seller shall deliver the goods to the Buyer complete, no later than 15 days from the order confirmation, unless the Seller specifies a different delivery period for individual goods. If the goods are listed as "in stock", the Seller shall ship the goods within two working days at the latest. The buyer is obliged to take delivery of the goods and pay for them. The Buyer is advised to check the goods as soon as possible upon receipt.
In case of damage to the shipment, the Seller recommends the Buyer to draw up a damage report with the carrier.
The Seller shall hand over the documents for the goods, in particular the tax document, receipts and certificates, to the Buyer immediately upon receipt of the goods, or, in the event of a technical problem on the Seller's side, within two days of the Buyer's receipt of the goods at the latest.
If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long his obligations under the defective performance continue and how the Buyer may exercise his rights thereunder (Complaints Procedure)
Price and delivery method here.
If the Buyer is in default in taking delivery of the goods, the Seller shall be entitled to sell the goods in a suitable manner after giving the Buyer notice by email and a new reasonable period for taking delivery.
The Seller shall be entitled to set off the costs of storage and the costs of unsuccessful delivery of the goods due to lack of cooperation on the part of the Buyer to the extent necessary against the proceeds of the sale.
Order cancellation and withdrawal from the contract
For contracts concluded by distance (distance), the consumer buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the consumer purchaser to become reasonably familiar with the nature, characteristics and functionality of the goods.
The Buying Consumer is also entitled to withdraw from the contract at any time before delivery of the goods.
The Buying Consumer shall send or deliver the withdrawal to the Seller within 14 days. The Buying Consumer does not have to state the reason for which he/she is withdrawing from the contract. To facilitate communication, it is advisable to include the date of purchase or contract/sales receipt number, bank account and the chosen method of return in the withdrawal.
The seller is obliged to reimburse the buyer-consumer the full amount corresponding to the price of the goods within 14 days of the withdrawal from the contract, in the same way in which the payment was received from the buyer-consumer.
If, when returning the goods, the Buying Consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buying Consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered. No later than 14 days after withdrawal from the contract, the consumer buyer shall send or hand over the purchased goods to the seller. The goods should be returned to the seller (not on delivery ) complete, preferably in their original packaging, and must not show signs of wear and tear or damage. The cost of returning the goods is borne by the consumer buyer.
If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim against the buyer for the depreciation in the value of the goods and to deduct it from the amount returned.
Exceptions: The right of withdrawal cannot be exercised in the case of contracts for the supply of digital content if it has not been supplied on a tangible medium or in the case of contracts for the provision of services, in both cases provided that performance has been effected with the prior express consent of the buyer before the expiry of the withdrawal period; in the case of contracts for the supply of services or goods, the price of which depends on the fluctuations of the financial market independently of the will of the seller; in the case of contracts for the supply of goods adapted to the wishes of the consumer or for his person, and in the case of contracts for perishable goods, goods which have been irretrievably mixed with other goods or removed from their sealed packaging and cannot be returned for hygiene reasons; for the supply of sound or visual recordings or computer programs where the original packaging has been damaged by the purchaser; for the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure provided at a specified time or for contracts concluded by public auction under the law governing public auctions and for contracts for repair or maintenance carried out at a place specified by the consumer at his request.
Rights and obligations arising from defective performance
Quality on acceptance
If the goods received at the time when the buyer takes over the goods are defective (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or the quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
Within two years of receipt of the goods, the consumer buyer may, at the latest, claim from the seller a free remedy for the defect or a reasonable discount on the price, if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be remedied without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects if the defect relates only to that part.
If repair or replacement of the goods is not possible, the buyer-consumer may demand a full refund of the purchase price upon withdrawal from the contract.
If the defect manifests itself within six months of the receipt of the goods by the consumer purchaser, the goods shall be deemed to have been defective upon receipt.
The seller is not obliged to satisfy the buyer-consumer's claim if he proves that the buyer-consumer knew about the defect before taking over the goods or caused it himself.
In the case of second-hand goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the consumer buyer shall be entitled to a reasonable discount in lieu of the right to exchange.
Legal rights from defects
The consumer purchaser is entitled to exercise the right to claim the right from a defect that occurs in consumer goods within twenty-four months from the date of receipt
A business buyer is entitled to claim the right to claim for a defect which the goods had when the risk of damage passed to the buyer, even if it becomes apparent later. The right of the purchaser-entrepreneur shall also be established by a defect arising later which the seller has caused by a breach of his duty.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it by timely inspection and sufficient care.
Within this period, the consumer buyer is entitled to make a claim and, at his option, to claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
-removal of the defect by delivery of a new item without defect or delivery of the missing item;
-removal of the defect by repair without charge;
-a reasonable discount on the purchase price,
-refund of the purchase price on the basis of withdrawal from the contract
A material breach of contract is a breach of contract of which the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect which is an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the consumer purchaser is entitled to have the defect remedied or to a reasonable reduction in the purchase price.
If the removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the purchasing consumer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
The Buyer is obliged to file a claim with the Seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner in which the complaint is to be settled.
Making a claim (claim form)
When notifying the defect, or without undue delay after notifying the defect, the buyer is obliged to tell the seller which right (method of complaint 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.
The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for the settlement of the claim runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
The Seller must 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 on the need for a professional assessment shall be communicated to the buyer within this period.
The Seller shall settle the Buyer Consumer's complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Buyer Consumer. After the expiry of this period, the consumer purchaser shall have the same rights as if it were a material breach of contract.
If the seller refuses to remedy the defect, the consumer buyer may demand a reasonable reduction in the price or withdraw from the contract.
The warranty period is 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.
The Seller undertakes to inform the Buyer of the settlement of the claim by e-mail or SMS.
In the case of a justified complaint, the buyer is entitled to reimbursement of the costs reasonably incurred.
Personal data protection
The Buyer agrees that the personal data provided will be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract. The Buyer has the right to be informed what data the Seller records about him and is entitled to change this data or to object to its processing in writing. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection.
The Buyer may inform the Seller that he wishes to stop receiving commercial communications to the electronic address obtained in connection with the performance of the contract.
Disputes between the seller and the buyer are resolved by the general courts.
According to Act No. 634/1992 Coll., on Consumer Protection, as amended, the buyer who is a consumer has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the seller.
The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
The buyer can also contact dTest, o.p.s. for advice on his consumer rights. via www.dtest.cz/poradna or by calling 299 149 009.
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.
This procedure is not mediation according to Act No. 202/2012 Coll., on mediation, as amended, or arbitration according to Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards, as amended, and its use does not affect the right of the parties to take their claim to the Czech Trade Inspection Authority or to court.
During the duration of the out-of-court settlement negotiations, the limitation and prescription periods under the Civil Code shall not run or commence unless one of the parties to the dispute expressly refuses to continue the negotiations.
Supervision of compliance with the obligations under Act No 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
Deposit on goods
In the case of special order goods or goods that are out of stock or quantities that are not usual, a deposit may be required by the seller. The Seller undertakes to inform the Buyer of the requirement for advance payment without delay.
If the consumer's right to withdraw from the purchase contract is exercised, the buyer is obliged to return the goods together with the related gifts provided, including any enrichment gained. In the absence of return by the buyer, these values will be treated as unjust enrichment. If the return of the object of unjust enrichment is not readily possible, the seller shall be entitled to monetary compensation in the amount of the normal price.
Information and advice
All oral and written information about the suitability and possibility of use of the delivered goods shall be communicated to the best of the seller's knowledge. However, they represent only the value of the seller's experience and information which the seller has obtained himself, from the manufacturer or from his supplier.
Complaints and comments of the Buyer concerning the contractual relationship concluded between the Seller and the Buyer shall be handled by the Seller in accordance with the applicable regulations, whereby the Customer may lodge complaints and comments at the registered office of the company or use the helpline +420 608862626 or e-mail address: email@example.com. If the content of the complaint is a complaint of goods, the complaint will be handled as a complaint in accordance with the applicable legislation.
The Seller provides for the take-back of electrical equipment, batteries and accumulators in accordance with the applicable legislation.
In the case of delivery of documents between the parties, the Seller's registered office and the Buyer's addresses specified in the Order shall be deemed to be the delivery address.
Other matters not specified herein shall be governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
The contract and related matters are governed by Czech law.
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 February 2016.