General terms and conditions
of trading company
IOCB TECH s.r.o.
with place of business at Praha 6 – Dejvice, Flemingovo nám. 542/2, 160 00
as listed in the commercial register of the Municipal Court in Prague, Section C, Insert 154081
for the sale of products via its online store
Pursuant to the provisions of § 1751, paragraph 1, of Act No. 89/2012 Coll., the Czech Civil Code, as amended (Civil Code), these General Terms and Conditions (Terms and Conditions) of the Company, email email@example.com, telephone +420 778 707 875, place of business of the online store (as defined below) Velflíkova 1430/10, 160 00 Praha 6 – Dejvice (Seller), govern the mutual rights and obligations of natural and judicial persons in the capacity of buyer (Buyer) and of the Company in the capacity of seller arising from a purchase agreement concluded via the online store on the website www.iocbstore.cz (e-shop) or in relation to that agreement. Detailed information pertaining to the processing of the Buyer’s personal data can be found in the Personal Data Processing Policy, available here or https://www.iocbstore.cz/en/personal-data-protection/
The provisions of these Terms and Conditions form an integral part of all purchase agreements. Purchase agreements and these Terms and Conditions are available in both the Czech and English languages. Purchase agreements may contain provisions that differ from the provisions of these Terms and Conditions; in such cases, the former take precedence over the latter. The Seller may amend or supplement these Terms and Conditions. This provision does not affect the rights and obligations arising from earlier versions of the Terms and Conditions. A purchase agreement may be concluded by means of distance communication, i.e. remotely within the e-shop via the interface of the website specified in these Terms and Conditions (e-shop interface).
- Price - the amount paid by the Buyer for a product;
- Delivery fees - the amount paid by the Buyer for packing and delivery of a product;
- Total price - the sum of the price and delivery fees;
- VAT - a tax document issued for the total price in compliance with the VAT Act;
- Invoice - a tax document issued for the total price in compliance with the VAT Act;
- Order - a binding proposition from the Buyer to conclude an agreement with the Seller for the purchase of a product;
- Products - objects and other items available for purchase in the e-shop.
- Consumer - a natural person who, beyond the scope of their business activities or beyond the scope of independent performance of their occupation, concludes a purchase agreement with an entrepreneur, including the Seller, or otherwise transacts with said entrepreneur.
- The purchase of a product is possible via the e-shop interface only.
- When purchasing a product, the Buyer is obligated to provide the Seller all information accurately and truthfully. All information provide to the Seller will thus be considered accurate and truthful.
- The Buyer may place an order directly from the e-shop interface or from their user account if one has been set up.
- The purchase agreement is concluded remotely via the e-shop, and any costs arising from the use of distance communication are covered by the Buyer. However, such costs will not differ from the basic rates that the Buyer pays to use these means of communication (namely internet access). The Seller will not require the Buyer to cover any additional costs beyond the total price. By sending the order, the Buyer acknowledges and consents to the use of distance communication.
- In order to conclude a purchase agreement, the Buyer must create an order in the e-shop, which serves as a proposition for the conclusion of a purchase agreement. The order must contain the following:
- information about the product (in the e-shop, the desired product is indicated by clicking on the button labelled Add to Basket);
- information about the price, delivery fees, method of payment of the total price, and the preferred delivery option; this information is entered when the order is created in the e-shop, and information about the price, delivery fees, and the total price will be displayed automatically based on the product chosen by the Buyer together with the method of payment and preferred delivery option;
- the Buyer’s identification and contact information, i.e. name, surname, billing address, telephone number, and email address.
- When creating an order, the Buyer can review and make changes to information prior to completing the order. Upon reviewing the information, the Buyer completes the order by clicking on the button labelled Buy Now. Prior to clicking on the Buy Now button, the Buyer must confirm that they have reviewed these Terms and Conditions and accept them; if not, the order cannot be completed. The Buyer indicates acceptance of the Terms and Conditions by clicking on the checkbox.
- The Seller will provide the Buyer with confirmation of the order as soon as possible after receiving it by sending a confirmation message to the Buyer’s email address as specified in the order. The confirmation will include a summary of the order showing the price, delivery fees, and total price together with these Terms and Conditions as an attachment to the email. Confirmation of the order constitutes conclusion of a purchase agreement between the Seller and the Buyer.
- All presentation of products on the e-shop interface is of an informative nature, and the Seller is not obligated to confirm any order. The provision of § 1732, paragraph 2, of the Civil Code does not apply. The Seller is not obligated to conclude a purchase agreement namely in cases in which a product indicated in an order is not available or in cases in which the Buyer wishes to order a greater number of product units than the Seller allows. Should any reason arise preventing the Seller from confirming an order, the Seller will contact the Buyer and send them a proposition for conclusion of an amended purchase agreement that differs from the order. In such cases, the purchase agreement is concluded upon acceptance of the offer by the Buyer.
- If an obviously erroneous product price appears in the e-shop or in an order, the Seller is not obligated to sell the product to the Buyer for that price, even if the Buyer has already received an order confirmation and a purchase agreement has already been concluded. In this case, the Seller will contact the Buyer without delay and send a proposition for conclusion of an amended purchase agreement that differs from the order. The new purchase agreement is concluded upon acceptance by the Buyer. An obviously erroneous product price is any price that does not correspond to the normal prices of other sellers or any price with a missing or extra numeral.
- Conclusion of the purchase agreement obligates the Buyer to pay the total price.
- Per the purchase agreement, the Buyer can pay the total price by cashless bank transfer to the Seller’s account as specified in the agreement, or by bank card via a payment gateway. The total price is payable no later than five (5) business days of order confirmation or acceptance of the offer by the Seller pursuant to these Terms and Conditions. Payment by bank card via a payment gateway is made immediately after completing the order.
- The total price in the order and in the purchase agreement is shown with VAT and all fees prescribed by law.
- In addition to the product price, the Buyer is obligated to pay the Seller delivery fees and packing costs as specified in the purchase agreement.
- The Seller will not require the Buyer to pay a deposit or make any other similar payment. This does not affect the provision in article 4.6 of these Terms and Conditions.
- A receipt will be issued in electronic form upon payment of the total price and will be sent to the Buyer’s email address as specified in the order.
- The Buyer is obligated to pay the total price prior to transfer of the product to the Buyer.
- Products are available for:
- collected in person
- at the e-shop pick-up point at the address Velflíkova 1430/10, 160 00 Praha 6 – Dejvice
- at pick-up points of the logistics company Zásilkovna
on working days, within hours designated for personal collection, upon the Seller´s notification that the Goods are ready to be collected, sent via SMS or e-mail to the Buyer´s contact specified in the Contract. The Seller shall inform the Buyer of the possibility to collect the goods. The goods will be ready for collection for up to thirty (30) days from the date of the conclusion of the Contract;
- delivered by the carrier company Zásilkovna
Upon receipt of the goods from the Carrier, the Buyer is required to check the integrity of the packaging and, in the event of any defects, to notify the Carrier and the Seller of these without undue delay. In the event of a breach of the packaging, indicating unauthorized handling of the goods or entry into the consignment, the Buyer is not required to accept the consignment from the Carrier.
- collected in person
- Delivery times always depend on the availability of the products and the method of payment. The Buyer may be informed of the anticipated delivery time in the order confirmation.
- Except for cases in which the Buyer discovers a product defect during pickup and therefore refuses to accept the product, a failure of the Buyer to fulfil their obligation to pick up products will not be construed as a failure on the part of the Seller to deliver the products to the Buyer. Failure to pick up products within fourteen (14) days of the date on which pickup notification was sent to the Buyer pursuant to the provisions of article 5.1 of these Terms and Conditions will result in nullification of the purchase agreement ipso facto. If a purchase agreement is nullified per this provision, the Seller will refund the total price by means of cashless bank transfer to the account from which the Buyer paid it.
- The risk of damage is transferred to the Buyer upon acceptance of the products. Transfer of risk to the Buyer means that from this moment onwards, the Buyer bears all liability arising from damage to the products or from the loss, destruction, or any devaluation of the products.
- The rights and obligations arising from defective performance are governed by generally binding regulations, namely the provisions of § 1914 through § 1925, § 2099 through 2117, and § 2161 through 2174b of the Civil Code and those of Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
- The Seller is under obligation to the Buyer to ensure products are free of defect upon delivery. The Seller is under obligation to the Buyer to ensure that, at the time of acceptance, products:
- correspond to the agreed description, type, and quantity as well as quality, functionality, interoperability, and other agreed characteristics;
- are suited to the purpose that the Buyer requires them for and that the Seller has approved them for;
- are delivered with all agreed accessories and instructions for use, including assembly and/or installation instructions;
- are suited to the purpose for which products of this type are typically used;
- correspond in terms of quantity, quality, and other characteristics, including lifespan, functionality, compatibility, and safety, to characteristics that are typical of products of this type and that the Buyer is likely to expect, also as regards public pronouncements by the Seller, namely those made through advertising or labelling;
- are delivered with the accessories, including packaging, assembly instructions, and other instructions for use, that the Buyer is likely to expect;
- correspond in terms of quality and design to a sample or artwork that was provided to the Buyer prior to concluding the purchase agreement.
- The Buyer is entitled to submit a warranty claim for a defective product within twenty-four (24) months of acceptance. Products with a use-by date, either directly on the product, on its packaging, or in the instructions for use attached to the product, are subject to a quality warranty. Under the quality warranty, the Seller guarantees that the product will remain useable for its typical purpose or will retain its typical characteristics for a specified period of time. If the Buyer is justified in submitting a warranty claim for a defective product, both the period for exercise of rights arising from defective performance and the warranty period are suspended for the duration of time in which the Buyer is unable to use the defective product.
- The Buyer may submit a warranty claim for a defective product by sending an email to the address specified in these Terms and Conditions, by sending a letter to the Seller’s place of business, or in person at the e-shop at the times specified for in-person pickup or at another time agreed in advance with the Seller by means of email communication via the address specified in these Terms and Conditions. To submit a warranty claim, the Buyer can also use the form in Addendum No. 1 of these Terms and Conditions. When submitting a warranty claim, the Buyer must specify how they wish to have the claim resolved, and this cannot be changed without the consent of the Seller.
- The Buyer is not entitled to submit a warranty claim if the product defect was caused by the Buyer or by a person other than the Seller. Defects do not include wear to the product caused by normal use, or in the case of a used product, wear corresponding to the extent of previous use.
- If a product is defective, the Buyer is entitled to either:
- receive a new defect-free product or any missing part of the product, or
- have the defective product repaired,
unless the preferred method of resolution is not possible or, compared with the other method, is disproportionately costly; this is determined primarily based on the severity of the defect, the value of the product if it were not defective, and whether the defect can be remedied via the other method without imposing a substantial burden on the Buyer.
- The Seller is entitled to refuse to remedy a defect if it is not possible or it is unreasonably costly, especially with regard to the severity of the defect and the value of the product if it were not defective.
- The Buyer is entitled to demand a reasonable discount from the purchase price or to withdraw from the purchase agreement if: (i) the Seller refuses to replace the product or remedy the defect or does not remedy the defect in compliance with the law; (ii) a defect representing a fundamental breach of the purchase agreement occurs repeatedly (i.e. at least 3 times); (iii) it is clear based on a statement by the Seller or other circumstances that the defect cannot be remedied in a reasonable amount of time, i.e. typically within thirty (30) days, or without imposing a substantial burden on the Buyer.
- The Buyer is not entitled to withdrawal from the purchase agreement if the product defect is insignificant.
- When submitting a warranty claim, the Seller will issue the Buyer a written confirmation specifying the date on which the Buyer submitted the claim, a description of the claim, the preferred method of remedying the defect, and the Buyer’s contact information for the purpose of notifying the Buyer once the claim has been resolved. Once the claim has been resolved, the Seller will issue confirmation of the date on which the claim was resolved and the method of resolution, including confirmation of any repairs that have been carried out and the time they took, or will provide a written justification for rejecting the claim.
- If the Seller and the Buyer do not agree to a longer period of time, the Seller is obligated to remedy the defect within thirty (30) days of receiving the warranty claim, including by means of replacing the product with a new one. If this period lapses without successful resolution of the claim, the Buyer is entitled to withdraw from the purchase agreement or demand a reasonable discount.
- The Seller will inform the Buyer by email that the claim has been resolved. If the claim is justified, the Buyer is entitled to reimbursement of expenses arising from it. The Buyer is obligated to provide proof of such expenses. If the defect has been remedied by supplying the Buyer with a new product, the Buyer is obligated to return the original product to the Seller and must do so no later than the time at which they receive the new product.
- In the event that the Buyer is not a consumer, they are obligated to notify the Seller and submit a warranty claim without undue delay upon discovering a defect and must do so no later than three (3) days of acceptance of the product.
- In the event that the Buyer is a consumer, they are entitled to submit a warranty claim within a period of twenty-four (24) months of acceptance of the product. If a defect appears within one (1) year of acceptance of the product, it will be assumed that the product was defective upon acceptance by the Buyer, unless the nature of the product or the defect precludes this.
- Pursuant to the provisions of § 1829 of the Civil Code, a Buyer consumer is entitled to withdraw from the purchase agreement within fourteen (14) days of acceptance of the product without providing a reason; this condition is met if the Buyer sends (posts) notification of withdrawal to the Seller within the fourteen-day period and is not contingent on the date on which the Seller receives it. If the purchase agreement has been concluded for the supply of multiple product units or multiple product components, the withdrawal period commences on the date on which the last unit or component is delivered to the Buyer. If the purchase agreement has been concluded for the regular supply of products over an agreed period of time, the withdrawal period commences with the first delivery of products.
- Withdrawal nullifies the purchase agreement in its entirety.
- The Buyer may withdraw from the purchase agreement in any demonstrable manner (namely by sending an email or letter to the place of business of the e-shop). The Buyer may also use the withdrawal form in Addendum No. 2 of these Terms and Conditions.
- A Buyer consumer is not entitled to withdraw from a purchase agreement concluded for performance as stipulated in § 1837 of the Civil Code.
- In the event of withdrawal from the purchase agreement, the Buyer is obligated to return the product to the Seller within fourteen (14) days of withdrawal and must do so at the place of business of the e-shop at Velflíkova 1430/10, 160 00 Praha 6 – Dejvice weekdays in the time specified for in-person pickup or at another time agreed in advance with the Seller by means of email communication via the address specified in these Terms and Conditions.
- In the event of withdrawal from the purchase agreement, the price will be refunded to the Buyer within fourteen (14) days of the date on which the withdrawal takes effect by sending the money to the bank account from which it was paid or to another account specified in the withdrawal. However, the price will not be refunded before the Buyer returns the product to the Seller. The Buyer is obligated to return the product clean, intact, and, if possible, in the original packaging.
- In the event of withdrawal from the purchase agreement pursuant to article 7.1 of these Terms and Conditions, the Buyer is liable for any reduction in the value of the product resulting from handling beyond that necessary for the Buyer to assess the nature, characteristics, and functionality of the product. In the event that the Seller has not yet refunded the price to the Buyer, the Seller is entitled to deduct any reduction in the value of the product from the refunded price.
- The Seller is entitled to withdraw from the purchase agreement at any time prior to supplying the product to the Buyer if there are objective reasons for not supplying the product (namely reasons relating to third parties or to the nature of the product) and may even do so prior to lapse of the period specified in article 5.1 of these Terms and Conditions. The Seller is also entitled to withdraw from the purchase agreement if it becomes known that the Buyer has deliberately provided incorrect information in the order. If the Buyer is purchasing products as an entrepreneur and not as a consumer, the Seller is entitled to withdraw from the purchase agreement at any time and may even do so without providing a reason.
- In relation to the Buyer, the Seller is not bound by any codes of conduct per § 1820, paragraph 1, letter n) of the Civil Code.
- The Seller is obligated to resolve consumer complaints via the Seller’s email address as specified in these Terms and Conditions. The Seller will send information about the resolution of a complaint to the Buyer’s email address.
- Out-of-court settlement of consumer disputes arising from the purchase agreement falls within the competence of the Czech Trade Inspection Authority (CTIA), with place of business at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz. An online platform for dispute resolution can be found at http://ec.europa.eu/consumers/odr and can be used in disputes between the Seller and a Buyer consumer arising from a purchase agreement concluded by means of electronic communication
- The European Consumer Centre Czech Republic (ECC), with place of business at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is a contact point pursuant to 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 consumer ODR).
- If a relationship established by the conclusion of a purchase agreement contains an international (foreign) element, that relationship is governed by the law of the Czech Republic. The choice of law in the previous sentence will not, however, deprive a Buyer consumer of the protections afforded to them by the law, which cannot be contractually deviated from and which in the absence of the choice of law would otherwise be applied pursuant to 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).
- All written correspondence must be delivered electronically by means of email via the Seller’s email address as specified in these Terms and Conditions. The Buyer’s email address for correspondence pursuant to these Terms and Conditions is the one specified in the purchase agreement or the one from which the Buyer contacted the Seller.
- The purchase agreement can be amended in writing only. The Seller is entitled to amend and supplement these Terms and Conditions. Such amendments will have no bearing on previously concluded purchase agreements, only on those that are concluded after the amendments have come into effect.
- If for reasons of force majeure, i.e. any unforeseen circumstance that prevents the performance of the obligations under a purchase agreement and is beyond the control of the Seller (natural disaster, pandemic, operational disruption, supply-chain failures, etc.), the Seller bears no liability for damage caused by a breach of the provisions of the purchase agreement or of these Terms and Conditions. If the force majeure lasts for more than fifteen (15) days, both the Seller and the Buyer are entitled to withdraw from the agreement.
- The Buyer will find a warranty claim form and a purchase agreement withdrawal form in the addenda to these Terms and Conditions.
- The purchase agreement together with these Terms and Conditions is archived in electronic form by the Seller. These Terms and Conditions and order confirmation with order summary will be sent to the Buyer by email, thus the Buyer also has access to the concluded purchase agreement in their email.
- These Terms and Conditions are effective as of 1 March 2023.
Addendum no. 1 – Warranty Claim Form
Seller: IOCB TECH s.r.o., Praha 6 - Dejvice, Flemingovo nám. 542/2, PSČ 160 00
Warranty claim submission
Purchase agreement effective date:
Name and surname:
Description of defect:
Preferred method of claim resolution:
I hereby request confirmation of my warranty claim stating the date of submission, the subject of the claim, the preferred method of claim resolution, and my contact information for the purpose of notifying me once my claim has been resolved.
Addendum No. 2 – Purchase Agreement Withdrwal Form
Seller: IOCB TECH s.r.o., Praha 6 - Dejvice, Flemingovo nám. 542/2, PSČ 160 00
I hereby withdraw from my purchase agreement:
Purchase agreement effective date:
Name and surname:
Product specification per the purchase agreement:
Method and/or bank account number for refund:
The Buyer must inform the Seller of their withdrawal from the purchase agreement in writing at the Seller’s place of business or by sending this form to the email address specified above.
When withdrawing from a purchase agreement, if the Buyer is a consumer, they must return the product they have received from the Seller without delay and no later than fourteen (14) days of withdrawal from the purchase agreement.