I. Basic provisions
- These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
(hereinafter referred to as the "Seller")
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who, as a consumer, enters into a purchase contract outside his/her business activities, or within his/her business activities (hereinafter referred to as the "Buyer") through the web interface located on the website available at the internet address www.kopp-voracek.com (hereinafter referred to as the "online store").
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract shall take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the purchase contract are concluded in the Czech language.
II. Information about goods and prices
- Information about goods, including the prices of individual goods and their main features, is provided for each item in the online store catalog. The prices of goods are listed including value-added tax, all related fees, and costs for returning goods, if the nature of the goods does not allow them to be returned by regular mail. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase contract under individually agreed conditions.
- All product presentations displayed in the online store catalog are informative in nature and the seller is not obligated to conclude a purchase contract for any of these products.
- Information about the costs associated with packaging and delivery of goods is published on the online store. Information about the costs associated with packaging and delivery of goods listed in the online store only applies in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
- A product made of carbon or Kevlar fibers is not produced industrially, but as a custom-made product according to your specifications. For this reason, the product is not certified and therefore does not comply with the Czech National Standards (ČSN). Accordingly, the manufacturer bears no responsibility for its use and any damages resulting from its use, within the meaning of the liability under Act No. 89/2012 Coll., the Civil Code, as amended.
III. Order and Conclusion of a Purchase Agreement
- The costs incurred by the buyer when using remote communication means in connection with the conclusion of a purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself/herself. These costs do not differ from the basic rate.
- The buyer places an order for the goods in the following ways:
- by means of his/her customer account, provided that he/she has previously registered with the online store,
- by completing the order form without registration.
- When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the information he/she has inserted into the order. The buyer sends the order to the seller by clicking on the "send order" button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that he/she has read these terms and conditions.
- Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is automatic and is not considered as the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. The notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is considered as the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded by the confirmation of the order by the seller to the buyer's email address.
- In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the seller will send a modified offer to the buyer's email address. The modified offer shall be deemed a new proposal for a purchase contract, and the purchase contract shall be concluded by the buyer's confirmation of acceptance of this offer to the seller's email address provided in these terms and conditions.
- All orders accepted by the seller are binding. The buyer may cancel the order until the notification of acceptance of the order is delivered to the buyer by the seller. The buyer may cancel the order by phone on the phone number or email of the seller provided in these terms and conditions.
- In case of an obvious technical error on the seller's part in stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this clearly erroneous price, even if the buyer has received an automatic order confirmation according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded by the buyer's acceptance confirmation sent to the seller's email address.
IV. Customer Account
- Based on the registration of the buyer carried out in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer must update the information in their user account whenever it changes. The information provided by the buyer in their customer account and when ordering goods is considered correct by the seller.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not authorized to allow third parties to use their customer account.
- The seller may cancel a user account, especially if the buyer no longer uses their user account or if the buyer violates their obligations under the purchase agreement or these terms and conditions.
- The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the hardware and software equipment of the seller or of third parties.
V. Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement by:
- bank transfer to the seller's account no.:
- CZK - 286148798/0300 held with Československá obchodní banka
- EUR - 286418954/0300 held with Československá obchodní banka
- bank transfer to the seller's account through a payment gateway,
- cash on delivery upon delivery of the goods,
- cash upon personal pickup at the store,
- cash or payment card upon personal pickup at the Zásilkovna parcel service.
- Together with the purchase price, the buyer is obliged to pay the seller for the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
- In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase agreement.
- In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's bank account.
- The seller does not require any advance deposit or similar payment from the buyer. Payment of the purchase price prior to the shipment of the goods is not a deposit.
- According to the Electronic Sales Records Act, the seller is required to issue a receipt to the buyer. The seller is also required to record the received revenue with the tax administrator online, or in case of a technical failure, no later than 48 hours.
- The goods are delivered to the buyer: • to the address specified by the buyer in the order, • through a parcel pick-up point at the address specified by the buyer, • by personal pickup at the seller's establishment.
- The choice of delivery method is made during the ordering of the goods.
- The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation by the seller. If the mode of transportation is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this mode of transportation.
- If the seller is obligated by the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is required to accept the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than indicated in the order, the buyer is required to pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
- Upon receipt of the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in case of any defects, to immediately notify the carrier. In the event of finding damage to the packaging indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
- The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the buyer's email address or included with the delivered goods.
- The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but only upon receipt of the goods. However, the responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obligated to take over the goods but failed to do so contrary to the purchase agreement.
VI. Withdrawal from the Contract
- The Buyer, who has concluded a sales contract outside his business activity as a consumer, has the right to withdraw from the sales contract.
- The period for withdrawing from the contract is 14 days: • from the day of receipt of the goods, • from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts, • from the day of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- The Buyer cannot, among other things, withdraw from the sales contract: • on the provision of services, if they were provided with his express consent before the expiration of the withdrawal period, and the seller informed the buyer before the contract was concluded that in such a case he does not have the right to withdraw from the contract, • on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller, and which may occur during the withdrawal period, • on the delivery of alcoholic beverages that can be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller, • on the delivery of goods that have been modified according to the wishes of the buyer or for his person, • on the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, • on the delivery of goods in a sealed package that the buyer has removed from the packaging and for hygienic reasons cannot be returned, • on the delivery of sound or visual recordings or computer programs, if he has breached their original packaging, • on the delivery of newspapers, periodicals, or magazines, • on the delivery of digital content if it was not delivered on a tangible medium and was provided with the prior express consent of the buyer before the expiration of the withdrawal period, and the seller informed the buyer before the contract was concluded that in such a case he does not have the right to withdraw from the contract, • in other cases specified in § 1837 of the Civil Code.
In order to comply with the deadline for withdrawal from the contract, the buyer must send a statement of withdrawal within the period for withdrawal from the contract.
The buyer may use the model withdrawal form provided by the seller to withdraw from the purchase contract. The buyer shall send the withdrawal from the purchase contract to the email or delivery address of the seller provided in these terms and conditions. The seller shall immediately acknowledge receipt of the form to the buyer.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
If the buyer withdraws from the contract, the seller shall immediately, but no later than 14 days from the withdrawal from the contract, return all funds received from the buyer, including the costs of delivery, in the same manner. The seller shall return the received funds to the buyer in another way only if the buyer agrees and if no additional costs arise.
If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller shall refund the buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to refund the funds received from the buyer until the buyer hands over the goods or proves that the goods have been sent to the seller.
The buyer must return the goods to the seller undamaged, unused and not soiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages to the goods against the buyer's claim for the return of the purchase price.
The seller is entitled to withdraw from the purchase contract due to exhaustion of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and within 14 days from the notification of withdrawal from the purchase contract, shall return all funds received from the buyer, including the costs of delivery, which he received from the buyer on the basis of the contract, in the same manner, or in the manner specified by the buyer.
VII. Rights from defective performance
- The seller is responsible to the buyer that the goods have no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took possession of the goods: • the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have such properties that the seller or the manufacturer described or that the buyer expected based on the nature of the goods and the advertisement made by them, • the goods are suitable for the purpose for which the seller indicates they are to be used, or for which goods of this kind are commonly used, • the goods correspond to the quality or performance agreed upon by the parties, and if the quality or performance was determined according to an agreed sample or model, the goods correspond to that sample or model, • the goods are in the appropriate quantity, measure or weight, and the goods comply with legal requirements.
- The seller has obligations from defective performance at least to the extent that the obligations of the manufacturer for defective performance persist. Otherwise, the buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from the time of receipt.
- If the sold goods, their packaging, instructions attached to the goods, or advertising indicate a period during which the goods can be used, the provisions on quality guarantee shall apply. The seller guarantees that the goods will be capable of being used for the usual purpose for a certain period of time, or that they will retain their usual properties. If the buyer rightly points out a defect in the goods to the seller, the period for exercising rights from defective performance or the warranty period does not run during the period when the buyer cannot use the defective goods.
- The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear caused by the goods' normal use, to used goods for a defect corresponding to the extent of use or wear and tear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to the right from defective performance if he knew that the goods had a defect before receiving them or if he caused the defect himself.
- In case of a defect, the buyer may make a complaint to the seller and demand: • a replacement with new goods, • repair of the goods, • an appropriate discount from the purchase price, • withdrawal from the contract.
- The buyer has the right to withdraw from the contract: • if the goods have a significant defect, • if he cannot properly use the thing due to repeated occurrence of defects or defects after repair, • in case of a larger number of defects in the goods.
- The essential thing is a breach of contract that the party breaching the contract knew or should have known about at the time of concluding the contract, and the other party would not have concluded the contract if it had foreseen this breach.
- In the case of a defect that represents an insignificant breach of contract (regardless of whether it is a removable or irremovable defect), the buyer is entitled to have the defect removed or to a reasonable discount from the purchase price.
- If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to request a discount from the purchase price, exchange the goods, or withdraw from the contract.
- When making a complaint, the buyer is obliged to inform the seller of the chosen remedy. A change of choice without the consent of the seller is only possible if the buyer requested the repair of a defect that turns out to be irremovable. If the buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of an insignificant breach of contract.
- If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price based on withdrawal from the contract.
- If the seller proves that the buyer knew about the defect of the goods before taking possession of them or caused the defect themselves, the seller is not obliged to satisfy the buyer's claim.
- The buyer cannot complain about discounted goods for a reason for which the goods are discounted.
- The seller is obliged to accept the complaint at any branch where the complaint can be accepted, or at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised their right, what the content of the complaint is, and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and the duration thereof, or a written justification for rejecting the complaint.
The seller or their authorized employee decides on the complaint immediately, in complex cases within three working days. This period does not include the time necessary to expertly assess the defect based on the type of product or service. The complaint, including the defect correction, must be resolved promptly, at the latest within 30 days of the complaint submission, unless the seller agrees with the buyer on a longer period. The expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of complaint submission is considered to be the moment when the buyer expresses their will (asserts their right to defective performance) to the seller.
The seller informs the buyer in writing about the result of the complaint.
The buyer is not entitled to the right to defective performance if they knew about the defect before taking over the item, or if they caused the defect themselves.
In the case of a legitimate complaint, the buyer has the right to reimbursement of reasonably incurred costs related to the complaint. The buyer can assert this right with the seller within one month after the warranty period has expired; otherwise, a court may not grant it.
The buyer has the choice of the method of complaint.
The rights and obligations of the contracting parties regarding the right to defective performance are governed by 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.
The further rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.
- The contracting parties may mutually deliver all written correspondence through electronic mail.
- The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in their order.
IX. Personal data
- All information that you provide during our cooperation is confidential and we will treat it accordingly. Unless you give us written consent, we will not use your data for any other purpose than fulfilling the contract, except for the email address to which commercial messages may be sent, as permitted by law, unless you opt out. These messages may only relate to similar or related goods and can be unsubscribed at any time by a simple method (by sending a letter, email, or clicking on a link in the commercial message). The email address will be stored for this purpose for a period of 3 years from the closing of the last contract between the contracting parties.
X. Out-of-court dispute resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent to handle out-of-court dispute resolution for consumer disputes arising from a purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from a purchase contract.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point in accordance with 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).
- The seller is authorized to sell goods based on a trade license. The relevant trade office carries out trade license inspections within its competence. The Czech Trade Inspection Authority exercises, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.
XI. Final provisions
All provisions between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
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.
All rights to the seller's websites, in particular copyright to their content, including the layout of the website, photographs, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the websites or their parts without the seller's consent.
The seller is not responsible for errors arising as a result of third-party interference with the online store or as a result of its use in violation of its intended purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow unauthorized intervention or unauthorized use of software or other components that make up the online store and use the online store or its parts or software in a manner that is contrary to its purpose or intended use.
The buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765 (2) of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.
An annex to the terms and conditions is a sample form for withdrawal from the contract.
These terms and conditions take effect on March 28, 2021.