General Terms and Conditions :: Eshop OBZOR Zlin

I. Introductory Provisions

1. The online store is operated by OBZOR, Manufacturing Co-operative Zlín, with its registered address at Na Slanici 378, Zlín, postcode 763 02, company reg. No. 00030988, registered with the Regional Court in Brno under file number DrXXXVIII, insert 510 (hereinafter referred to as the "Seller").

2. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") exclusively apply to purchases made by consumers in the online store, where a consumer is defined as any individual who, outside the scope of their business activities or independent professional practice, enters into a contract with the Seller or otherwise deals with the Seller as a business entity (hereinafter referred to as the "Consumer").

3. The Terms and Conditions in the version displayed on the Seller's website on the date of submitting an electronic order by the Consumer shall be binding. Matters not regulated by these Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended.

4. These Terms and Conditions are an integral part of the concluded purchase contract. The purchase contract envisaged by these Terms and Conditions may be concluded in the Czech language.

II. Ordering and Conclusion of the Purchase Contract

1. By presenting the offer to sell goods on the Seller's website, the Seller informs the Consumer about:

a) the main characteristics of the goods to the extent corresponding to the means of distance communication used and the nature of the goods,

b) the address of its registered office or establishment, if different from the address of the registered office, and the telephone number and email address for electronic delivery,

c) the total price and costs of delivering the goods,

d) the method of payment and the possible method and time of delivering the goods.

2. Information about the conditions, time limits, and procedure for exercising the Consumer's right to withdraw from the contract, the existence of rights from defective performance, and the possibility of out-of-court dispute resolution are contained in these General Terms and Conditions.

3. Placing an offer to sell goods on the Seller's website does not constitute a proposal to conclude a purchase contract by the Seller. By placing an order, the Consumer does not grant the Seller any rights or obligations. The purchase contract is concluded at the moment when the Seller sends the Consumer a confirmation of acceptance of their order; it is only at this moment that mutual rights and obligations between the Consumer and the Seller arising from the concluded purchase contract arise.

4. The condition for accepting the Consumer's order is the proper completion of all the information in the order form specified by the Seller. The information entered by the Consumer in the order form will be made available to the Consumer for review and modification before submitting the order.

5. The purchase price is the price stated by the Seller in the offer of the respective goods at the time the Consumer places the order. The duration of any promotional prices is until the stocks are depleted, unless otherwise indicated for specific goods.

6. By placing an order, the Consumer always commits to paying the purchase price of the goods they are ordering.

7. By placing an order, the Consumer also confirms that they have fully read and understood these Terms and Conditions and agree to them. By completing the registration form or order within the online store, the Consumer gives their consent to the Seller for the collection and storage of personal data about the Consumer and their purchases to the extent indicated in this consent.

8. The Seller promptly confirms the delivery of the order to the Consumer by sending a text message via electronic mail. The purchase contract is concluded when the Seller subsequently sends the Consumer a confirmation of acceptance of their order in text form via electronic mail, which includes, among other information, the delivery date of the goods. The confirmation of acceptance of the order received is a confirmation of the concluded purchase contract with the Consumer. The Seller will keep the data about the purchase contract for a period necessary to protect the rights arising from this contract, and upon the Consumer's request, the Seller will grant access to this data.

9. If the Consumer submits an order, but the Seller does not conclude the purchase contract, the Seller will return all the provided performances to the Consumer without undue delay.

III. Withdrawal from the Purchase Contract and Return of Goods

1. Unless otherwise stated, the Consumer has the right to withdraw from the purchase contract without stating a reason within a period of fourteen days. This period begins to run from the day when the Consumer or a third party designated by them, other than the carrier, takes possession of the goods, or

a) the last piece of goods, if the Consumer orders multiple pieces of goods as part of a single order that are delivered separately,

b) the last item or part of the delivery of goods consisting of several items or parts, or

c) the first delivery of goods if the contract provides for the regular delivery of goods for an agreed period.

2. The period for withdrawing from the purchase contract is preserved if the Consumer sends a statement of withdrawal to the Seller before the expiry of the period.

3. The Consumer can also withdraw from the purchase contract by completing and submitting the withdrawal form on the Seller's website in the "E-shop - Terms and Conditions / Download" section. If the Consumer chooses this method, the Seller will confirm receipt of the completed form in text form without undue delay.

4. If the Consumer withdraws from the purchase contract, they are obliged to return the goods to the Seller without undue delay, but no later than within fourteen days of withdrawal, by delivering them to the Seller's registered office, if possible in the original packaging, including a copy of the delivery note. This deadline is met if the Consumer sends the goods to the Seller before the deadline expires.

5. The Consumer bears the costs associated with returning the goods, including the costs incurred because the goods cannot be returned by regular postal service due to their nature. The amount of the costs for returning goods that cannot be returned by regular postal service is 20 EUR.

6. If the returned goods are incomplete, damaged, or visibly worn, the Seller is entitled to claim compensation from the Consumer. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Consumer's claim for the return of the performance provided by them. However, the Consumer is only liable for the reduction in value of the goods resulting from handling the goods in a manner other than that necessary to become familiar with the nature, characteristics, and functioning of the goods. Familiarization with the nature, characteristics, and functioning of the goods does not include any assembly or installation of the goods.

7. If the Consumer withdraws from the purchase contract, the Seller will refund all funds received from the Consumer on the basis of the contract, including the cost of delivery, without undue delay and no later than within fourteen days of withdrawal from the contract. If the Consumer chose a different method of delivery of the goods other than the cheapest standard delivery offered by the Seller, the Seller will refund the Consumer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery. However, the funds will only be refunded to the Seller upon receipt of the returned goods or when the Consumer proves that the goods have been sent back, whichever comes first.

8. The Consumer cannot withdraw from the purchase contract if it concerns a contract for the supply of goods made according to the Consumer's specifications or customized to their personal needs. Goods produced according to the Consumer's specifications or adapted to their personal needs are identified in the offer for the sale of goods on the Seller's website as "custom-made."

IV. Rights Arising from Defective Performance

The Consumer's rights arising from defective performance are regulated by Act No. 89/2012 Coll., the Civil Code, in force. The Consumer may exercise these rights under the conditions set out in the Seller's Complaints Procedure published on its website at reklamace@obzor.cz or in person at the Seller's registered office, the address of which is provided in these Terms and Conditions. The Consumer shall send any defective goods to the Seller, ideally in the original packaging.

V. Out-of-Court Dispute Resolution

1. Any consumer disputes arising between the Seller and the Consumer based on a purchase contract or related to it will always be first resolved out of court with the aim of achieving an amicable settlement and agreement between the parties. If the dispute cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court resolution of such a dispute to the Czech Trade Inspection Authority at the following address:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 44
110 00 Prague 1
email: adr@coi.cz
website: adr.coi.cz

Alternatively, the Consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

2. Out-of-court dispute resolution is governed by Act No. 634/1992 Coll., on Consumer Protection, as amended, and the Rules for Out-of-Court Resolution of Disputes, which were issued by the Czech Trade Inspection Authority under this Act. These rules are published on the Czech Trade Inspection Authority's website and are also accessible to the public at its inspectorates upon request.

3. Out-of-court dispute resolution of consumer disputes is initiated at the Consumer's proposal. The content requirements for this proposal and the method of submission are determined by the Rules for Out-of-Court Resolution of Disputes. The proposal can be submitted no later than one year from the day the Consumer exercised their right that is the subject of the dispute with the Seller for the first time.

4. The Consumer can also address their complaint to the relevant state authority, which is the Czech Trade Inspection Authority if it concerns the supervision of compliance with certain obligations by the Seller, the Trade Licensing Authority for trade control if it concerns trade control, and the Office for Personal Data Protection if it concerns the protection of personal data.

VI. Final Provisions

These Terms and Conditions were issued on August 16, 2023, and take effect on the date of publication on the Seller's website.