Seller:
Sole Trader (Self-employed) – Ing. Miroslav Šíma
Registered office: K Doubí 334/14, 31200, Plzeň
Identification number: 14131731
Registered in the Commercial Register maintained by the Municipal Court in Plzeň, Section C, Insert 115902
For the sale of goods through the online store located at www.7-tech.net
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the sole trader with the registered office and identification number stated above, registered in the Trade Register maintained by the Municipal Court in Plzeň (hereinafter referred to as the "seller"), govern in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "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 the "purchase contract") concluded between the seller and another individual or legal entity (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at www.7-tech.net (hereinafter referred to as the "website"), via the interface of the website (hereinafter referred to as the "online store interface").
1.2. The terms and conditions also apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of ordering goods as part of their business activity or independent profession.
1.3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drafted in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentation of goods displayed on the online store interface is of an informative nature, and the seller is not obligated to conclude a purchase contract regarding this goods. The provisions of § 1732(2) of the Civil Code do not apply.
2.2. The online store interface contains information about goods, including the prices of individual goods. Prices are stated without value-added tax (the buyer is not subject to VAT) and include all related fees. Prices of goods remain valid as long as they are displayed on the online store interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
2.3. The online store interface also contains information about costs related to packaging and delivery of goods. The information about costs related to packaging and delivery of goods provided in the online store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out the order form on the online store interface. The order form contains, in particular, information about:
2.4.1. the goods being ordered (the buyer "places" the ordered goods into the electronic shopping cart of the online store interface),
2.4.2. the method of payment of the purchase price for the goods, details about the desired method of delivery of the ordered goods, and
2.4.3. information about costs related to the delivery of the goods (hereinafter collectively referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to review and modify the data they entered in the order, including the possibility to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete Order" button. The information provided in the order is considered correct by the seller. Upon receipt of the order, the seller will promptly confirm receipt to the buyer by electronic mail to the email address provided by the buyer in their user account or in the order (hereinafter referred to as the "buyer’s email address").
2.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, expected delivery costs), the seller is always entitled to request additional confirmation of the order from the buyer (for example, in writing or by telephone).
2.7. The contractual relationship between the seller and the buyer arises upon the delivery of the order acceptance (confirmation) sent by the seller to the buyer by electronic mail to the buyer’s email address.
2.8. The buyer agrees to the use of remote communication means for concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, phone call costs) are borne by the buyer, and these costs do not differ from the standard rate.
2.9. If the seller is unable to fulfill any of the requirements stated in the order, they will send the buyer a modified offer to the buyer’s email address with alternative options and request the buyer's response.
2.10. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded only upon acceptance by the buyer via electronic mail.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The price of goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer to the seller by the following methods:
Cash on delivery (i.e., cash payment upon receipt of the goods from the carrier at the location specified by the buyer in the order);
Cash payment during personal pickup of the goods;
Cashless transfer to the seller's bank account No. 2202204393/2010, maintained by Fio Banka a.s. (hereinafter referred to as the "seller’s account");
Cashless payment by credit card through the Stripe payment system.
3.2. Together with the purchase price, the buyer is also obligated to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless otherwise explicitly stated, the purchase price also includes costs associated with the delivery of goods.
3.3. The seller does not require the buyer to pay a deposit or similar advance payment. This does not affect the provision of Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
3.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
3.5. In the case of cashless payment, the buyer is required to pay the purchase price of the goods with the payment reference number. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the seller's account.
3.6. The seller is entitled, particularly if the buyer fails to provide additional confirmation of the order (Article 2.6), to demand payment of the full purchase price before dispatching the goods to the buyer. The provisions of § 2119(1) of the Civil Code do not apply.
3.7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined.
3.8. If it is customary in business or required by generally binding legal regulations, the seller will issue an invoice to the buyer for payments made under the purchase contract. The seller is not a VAT payer. The seller will issue the invoice to the buyer after payment of the price of the goods and will send it electronically to the buyer’s email address.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the delivery of goods that have been customized according to the buyer's wishes or for the buyer, from the purchase agreement for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the package and, for hygiene reasons, cannot be returned, and from the purchase agreement for the delivery of sound or video recordings or computer software if the original packaging has been breached.
4.2. Unless it is a case specified in Article 4.1 of the Terms and Conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829(1) of the Civil Code, within fourteen (14) days from the date of receipt of the goods, provided that if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period starts from the day of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period stated in the previous sentence. The buyer shall send the withdrawal from the purchase agreement to the seller's email address at sales@7-tech.net or by registered mail to the seller's address.
4.3. In the event of withdrawal from the purchase agreement under Article 4.2 of the Terms and Conditions, the purchase agreement is canceled from the beginning. The buyer must return the goods to the seller within fourteen (14) days from the date of delivery of the withdrawal notice to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs of returning the goods to the seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.
4.4. In the event of withdrawal from the purchase agreement under Article 4.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer, using the same method as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already at the time of returning the goods by the buyer or in another way, provided the buyer agrees and no additional costs arise for 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 or proves that the goods have been sent to the seller.
4.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
4.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, up until the moment the goods are received by the buyer. In such cases, the seller will refund the purchase price to the buyer without undue delay, by non-cash transfer to an account designated by the buyer.
4.7. If the buyer is provided with a gift along with the goods, a gift agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effect, and the buyer is obliged to return the gift to the seller along with the goods.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. If the method of transport is arranged based on a specific request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
5.2. If the seller is obliged, under the purchase agreement, to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. In the event that it is necessary, due to reasons on the part of the buyer, to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to cover the costs associated with repeated delivery or the costs associated with another method of delivery.
5.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in case of any defects, immediately report this to the carrier. If the buyer finds that the packaging is damaged, indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights regarding liability for defects in the goods and other rights of the buyer under generally applicable legal regulations.
5.5. Additional rights and obligations of the parties related to the transportation of goods may be regulated by special delivery conditions of the seller if issued by the seller.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contractual parties regarding rights 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).
6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
6.2.1. The goods have the properties agreed upon by the parties, and if no agreement has been made, the properties that the seller or manufacturer described or that the buyer expected considering the nature of the goods and the advertising conducted by them;
6.2.2. The goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used;
6.2.3. The quality or workmanship of the goods corresponds to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model;
6.2.4. The goods are in the appropriate quantity, measure, or weight; and
6.2.5. The goods comply with the requirements of legal regulations.
6.3. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt.
6.4. The seller is liable for defects for at least as long as the manufacturer’s warranty lasts. The buyer is otherwise entitled to claim a defect that appears in consumer goods within twenty-four months of receipt. If a time period is specified for using the goods on the goods, their packaging, in the accompanying instructions, or in advertising, the provisions regarding the warranty for quality apply. The warranty for quality means that the seller guarantees the goods will be fit for use for the usual purpose or retain their usual properties for a certain period. If the buyer validly claims a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the time the buyer cannot use the defective goods.
6.5. The provisions stated in Article 7.4 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use, for used goods for a defect corresponding to the level of use or wear the goods had when received by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to rights from defective performance if the buyer knew about the defect before receiving the goods or if the buyer caused the defect.
6.6. Rights from liability for defects in goods are to be asserted with the seller. However, if another person designated for repairs is listed in the confirmation regarding the extent of rights from liability for defects (under the provisions of Section 2166 of the Civil Code), which is closer to the buyer's location or the seller’s, the buyer will assert the right for repair with the person designated for repair. Except in cases where another person is designated for repair under the previous sentence, the seller is obliged to accept a complaint at any of its business premises where receiving the complaint is possible concerning the range of goods sold or services provided, or at the seller's registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer asserted the right, what the content of the complaint is, and what manner of resolution the buyer requires. Furthermore, the seller must issue confirmation of the date and manner of resolving the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the seller to carry out the repair.
6.7. The buyer can specifically assert their rights regarding liability for defects in goods, particularly by phone at +420 720 574 371 or via email at sales@7-tech.net.
6.8. The buyer must inform the seller of the chosen right when reporting the defect, or without undue delay after reporting the defect. The buyer cannot change the chosen option without the seller’s consent, except in cases where the buyer has requested the repair of a defect that turns out to be irreparable.
6.9. If the goods do not have the properties specified in section 6.2 of these terms and conditions, the buyer may request the delivery of new goods without defects, unless it is unreasonable given the nature of the defect. However, if the defect concerns only a part of the goods, the buyer may request only the replacement of that part. If this is not possible, the buyer can withdraw from the contract. If it would be unreasonable given the nature of the defect, especially if the defect can be rectified without undue delay, the buyer has the right to a free repair of the defect. The buyer also has the right to the delivery of new goods or a replacement part in the case of a removable defect if the buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such cases, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered, the part replaced, or the goods repaired, the buyer may request a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as if the seller fails to rectify the situation within a reasonable time or if the buyer would face significant inconvenience in having the situation remedied.
6.10. Additional rights and obligations related to the seller's liability for defects may be regulated by the seller's complaint procedure.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price.
7.2. The seller is not bound by any codes of conduct towards the buyer within the meaning of § 1826 (1)(e) of the Civil Code.
7.3. The seller handles consumer complaints via email at sales@7-tech.net. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
7.4. For out-of-court settlement of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent. 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 from the purchase contract.
7.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and Council of May 21, 2013 on the online resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (regulation on online dispute resolution for consumer disputes).
7.6. The seller is authorized to sell goods based on a trade license. The relevant trade authority carries out trade inspections within its jurisdiction. The Office for Personal Data Protection oversees the area of personal data protection. The Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within the defined scope.
7.7. The buyer hereby assumes the risk of a change in circumstances in accordance with § 1765 (2) of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. The seller fulfills its information obligations towards the buyer in the sense of Article 13 of the Regulation (EU) 2016/679 of the European Parliament and 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 – GDPR), regarding the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, negotiating the purchase contract, and fulfilling the seller’s public law obligations, through a separate document.
9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1. The buyer agrees, in accordance with § 7 (2) of Act No. 480/2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended, to the sending of commercial messages by the seller to the buyer's email address or phone number. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR regarding the processing of the buyer's personal data for the purpose of sending commercial messages through a separate document.
9.2. The buyer agrees to the storage of cookies on their computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw their consent at any time.
10. DELIVERING WRITTEN COMMUNICATIONS
10.1. Notices regarding withdrawal from the Purchase Contract are delivered by email or by registered post. Notice of withdrawal made by the Buyer is effective if the notice is sent by the Buyer within the withdrawal period.
10.2. Any notice is also considered delivered if the recipient refuses to accept it, if it is not collected during the storage period, or if it is returned as undeliverable. In such cases, the notice is deemed to have been effectively delivered on the day of refusal, the last day of the storage period, or the day it was returned as undeliverable.
10.3. The parties may send regular correspondence to each other via email to the email address listed in the Buyer's User Account or provided by the Buyer in the order, or to the address listed on the Seller's website.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded by provisions of the legal order that cannot be contractually waived, and which would otherwise apply under Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and Council of June 17, 2008 on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the remaining provisions.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. An appendix to the terms and conditions is the sample form for withdrawal from the purchase contract.
11.5. Seller’s contact details: mailing address: Ing. Miroslav Šíma, K Doubí 334/14, 31200 Plzeň, email: sales@7-tech.net, phone: +420 720574371.
In Plzeň on November 1, 2022
Ing. Miroslav Šíma
