Terms and Conditions

• These general terms and conditions (“Terms”) of the company: Mgr. David Cipar, located at: Okružní 876/19B, Brno, 63800, company ID: 00970522, registered in the commercial register under the file number 370200 at the City Hall of Brno, email: info@tvplysaci.cz, phone number: +420732259596, place of business: Okružní 876/19B, Brno, 63800 (“We” or “Seller”) regulate in accordance with Section 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”) the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded via the E-shop on the website www.tvplysaci.cz.
• All information about the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here: https://www.tvplysaci.cz/gdpr/.

• The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are prepared in the Czech language. We may unilaterally change or supplement the Terms. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms.
• As you know, we communicate primarily remotely. Therefore, for our Agreement, it applies that remote communication means are used, allowing us to agree without the simultaneous physical presence of us and you, and the Agreement is concluded in a remote manner via the E-shop interface on the website (“E-shop website interface”).
• If any part of the Terms contradicts what we agreed upon together during your purchase process on Our E-shop, this specific agreement will take precedence over the Terms.

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1. Some Definitions

• Price is the financial amount you will pay for the Goods;
• Shipping price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
• Total price is the sum of the Price and the Shipping price;
• VAT is the value-added tax according to applicable legal regulations;
• Invoice is the tax document issued in accordance with the Value Added Tax Act for the Total price;
• Order is your binding proposal to conclude an Agreement for the purchase of Goods with Us;
• User Account is the account created based on the information you provide, which allows the storage of entered data and the history of ordered Goods and concluded Agreements;
• You are the person buying on Our E-shop, legally referred to as the buyer;
• Goods refers to anything you can purchase on the E-shop.

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2. General Provisions and Information

• The purchase of Goods is only possible through the E-shop's website interface.
• When purchasing Goods, it is your duty to provide Us with all the information correctly and truthfully. The information you provided in the Order will therefore be considered correct and truthful.
• On our E-shop, we also provide access to reviews of Goods made by other consumers. We ensure the authenticity of these reviews by linking them to specific orders, so in our internal system, we can see the associated order ID for each review and thus verify and prove that the review comes from a real consumer.

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3. Conclusion of the Contract

• The contract with Us can only be concluded in the Czech language.
• The contract is concluded remotely through the E-shop, with the costs of using remote communication means being borne by You. However, these costs do not differ from the basic rate you pay for using these means (specifically for internet access), and no additional charges will be applied by Us beyond the Total price. By submitting your Order, you agree to the use of remote communication means.
• In order for Us to conclude the contract, you must create an Order on the E-shop. This proposal must include the following information:
  1. Information about the Goods being purchased (on the E-shop, you mark the Goods you wish to buy by clicking the “Add to cart” button);
  2. Information about the Price, Shipping price, payment method for the Total price, and desired method of delivery of the Goods; this information will be entered during the Order creation process in the E-shop's user interface, with information about the Price, Shipping price, and Total price automatically displayed based on the Goods, delivery method, and payment method you choose;
  3. Your identification and contact details necessary for delivering the Goods, such as your name, surname, delivery address, phone number, and email address.
• During the Order creation process, you can change and verify the details until it is completed. After reviewing, by clicking the “Order with payment obligation” button, you finalize the Order. Once you click the “Order with payment obligation” button, all the filled information will be sent directly to Us.
• We will confirm your Order as soon as possible after it is delivered to Us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The Terms in effect at the time of the Order, i.e., those attached as a PDF to the confirmation email, will form an integral part of the contract. The confirmation of the Order constitutes the conclusion of the contract between Us and You.
• There may be cases where we are unable to confirm the Order. This usually occurs when the Goods are not available or if you order more items than we can provide. We will always inform you about the maximum quantity available on the E-shop. If there is any reason why we cannot confirm your Order, we will contact you and send you an offer to conclude the contract in a modified form compared to the original Order. In such a case, the contract is concluded when you confirm Our offer.
• If a clearly incorrect Price is indicated on the E-shop or in the Order, we are not obliged to deliver the Goods at that Price, even if you received an Order confirmation and the contract was concluded. In this situation, we will contact you immediately and send you an offer to conclude a new contract with a modified Price. The new contract is concluded when you confirm Our offer. A clear error in the Price includes, for example, situations where the Price does not match the usual price of other sellers or when a digit is missing or incorrect.
• In the event that the contract is concluded, you incur an obligation to pay the Total price.
• If you have a User Account, you can place the Order through it. However, in such cases, you are still obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The process of creating the Order is the same as for users without a User Account, but the advantage is that you do not need to fill in your identification details again.

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 4. User Account

• Based on your registration within the E-shop, you can access your User Account.
• When registering a User Account, it is your duty to provide all the requested information correctly and truthfully, and to update it in case of any changes.
• Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not to disclose them to anyone. In case of misuse, we are not responsible for any consequences.
• The User Account is personal, and you are not authorized to allow third parties to use it.
• We may cancel your User Account, particularly if it is not used, or if you breach your obligations under the contract.
• Your User Account may not be available continuously, particularly due to necessary maintenance of hardware and software equipment.

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 5. Pricing and Payment Terms, Retention of Title

• The Price is always listed within the E-shop, in the Order proposal, and of course in the Contract. In case of a discrepancy between the Price displayed with the Goods in the E-shop and the Price shown in the Order proposal, the Price in the Order proposal will prevail, and it will always be identical to the price in the Contract. The Order proposal will also show the Shipping price, and if applicable, the conditions under which shipping is free.
• The Total price includes VAT and all fees specified by law.
• We will request payment of the Total price after the conclusion of the Contract and before the Goods are delivered. You can pay the Total price using the following methods:
  1. Bank Transfer. We will send you the payment details within the Order confirmation. In the case of a bank transfer, the Total price is due within 7 days.
  2. Online Card Payment. In this case, the payment will be processed through the GOPAY payment gateway, and the payment is subject to the terms and conditions of this gateway, which can be found at: gopay.com. In the case of online card payment, the Total price is due within 7 days.
  3. Cash on Delivery. In this case, payment will be made upon delivery of the Goods, at the time of receiving the Goods. For cash on delivery, the Total price is due when you receive the Goods.
• The invoice will be physically attached to the Goods.
• Ownership rights to the Goods pass to you only after you have paid the Total price and received the Goods. In the case of a bank transfer, the Total price is considered paid when it is credited to Our account; in other cases, the payment is considered made at the moment of payment.

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 6. Delivery of Goods, Transfer of Risk of Damage to the Goods

• The Goods will be delivered to you within 3 days at the latest, in the manner of your choice, with the following options available:
  1. Personal collection at the pick-up points of Zásilkovna.
  2. Delivery to the address via the Zásilkovna delivery service.
• The Goods can only be delivered within the Czech Republic and Slovakia.
• The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The expected delivery time will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will inform you via email about the availability of the Goods for pick-up.
• Upon receiving the Goods from the carrier, it is your duty to check the integrity of the packaging and, in case of any defects, to immediately report this to the carrier and us. If there is damage to the packaging indicating unauthorized handling or tampering with the shipment, you are not obliged to accept the Goods from the carrier.
• If you fail to fulfill your duty to accept the Goods, except in cases according to Article 4 of these Terms, it will not result in a breach of our obligation to deliver the Goods to you. Additionally, your failure to accept the Goods does not constitute a withdrawal from the Contract between us. In such cases, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to withdraw from the Contract, the withdrawal is effective on the day we send you the withdrawal notice. Withdrawal from the Contract does not affect the obligation to pay the Shipping Price or the claim for damages, if any damage has occurred.
• If, for reasons attributable to you, the Goods need to be delivered again or in a manner other than agreed in the Contract, you are obligated to reimburse us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due 14 days after the email is delivered.
• The risk of damage to the Goods passes to you at the moment you accept the Goods. If you do not accept the Goods, except in cases according to Article 4 of these Terms, the risk of damage to the Goods passes to you when you had the opportunity to accept them, but for reasons on your side, the acceptance did not take place. The transfer of the risk of damage to the Goods means that from this moment on, you bear all the consequences associated with the loss, destruction, damage, or any degradation of the Goods.
• If the Goods were not listed as in stock in the E-shop, and an approximate availability time was provided, we will always inform you in the event of:
  1. An exceptional production outage for the Goods, and we will provide you with a new expected availability time or information that the Goods cannot be delivered;
  2. A delay in the delivery of the Goods from our supplier, and we will provide you with a new expected delivery time.

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 7. Rights from Defective Performance

• We guarantee that, at the time when the risk of damage to the Goods passes to you according to Article 7 of these Terms, the Goods are free from defects, particularly that the Goods:
  1. correspond to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
  2. are suitable for the purpose you require and which we agree with;
  3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
  4. are suitable for the purpose for which goods of this type are typically used;
  5. in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same type that you could reasonably expect, even considering public statements made by us or another person in the same contractual chain, especially advertising or labeling;
  6. are delivered with accessories, including packaging, assembly instructions, and other usage instructions, which you could reasonably expect; and
  7. correspond to the quality or workmanship of a sample or model that was provided to you before the contract was concluded.
• Rights and obligations concerning rights from defective performance are governed by applicable generally binding legal regulations (especially provisions of §§ 2099 to 2117 and §§ 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• In the event that the Goods are defective, i.e., particularly if one of the conditions under Article 1 is not met, you can notify us of such defect and exercise your rights from defective performance (i.e., file a complaint) by sending an email or letter to our contact addresses provided in our identification details. You can also use a sample form provided by us, which forms Annex No. 1 - Complaint Form - see below these Terms. In asserting your rights from defective performance, you must choose how you wish to resolve the defect, and this choice cannot later be changed without our consent. We will resolve the complaint in accordance with the right from defective performance you have asserted.
• If the Goods are defective, you have the following rights:
  1. to have the defect remedied by delivering new Goods without defect or by delivering the missing part of the Goods; or
  2. to have the defect repaired;

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8. Withdrawal from the Contract and Return of Goods

• Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from the beginning, can occur for reasons and in ways specified in this article, or in other provisions of the Terms where the option to withdraw is expressly stated.
• If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without stating a reason within 14 days from the conclusion of the Contract, or if it concerns the purchase of Goods, within fourteen days from receiving the Goods. If we conclude a Contract where multiple items of Goods or several parts of Goods are delivered, this period starts from the day the last item or part of the Goods is delivered, and if we conclude a Contract under which you will regularly and repeatedly receive Goods, the period starts from the day of the first delivery.
• You can withdraw from the Contract in any demonstrable way (especially by sending an email or letter to our contact addresses provided in our identification details). You can also use the sample form provided by us, which forms Annex No. 2 - Withdrawal Form - see below these Terms.
• As a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is one of the performances specified in Section 1837 of the Civil Code.
• The withdrawal period under Article 2 of the Terms is considered respected if we receive your notification of withdrawal within this period.
• In the case of withdrawal from the Contract under Article 2 of the Terms, you are obliged to return the Goods to us within 14 days from the withdrawal, and you bear the costs associated with returning the Goods to us. You are entitled to have us refund the shipping costs, but only up to the amount corresponding to the cheapest delivery method offered by us for the delivery of the Goods. In the case of withdrawal due to our breach of the concluded Contract, we will cover the return shipping costs, but again only up to the amount of the shipping cost corresponding to the cheapest delivery method offered by us for the delivery of the Goods.
• In the event of withdrawal from the Contract, we will refund the Price within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for withdrawal from the Contract. However, the amount will not be refunded earlier than when we receive the Goods or you provide proof that they were sent back to us. Please return the Goods to us clean, preferably including the original packaging.
• In the case of withdrawal from the Contract under Article 2 of the Terms, you are liable for any decrease in the value of the Goods that occurs due to handling them in a way that is not necessary to examine the nature, characteristics, and functionality of the Goods, i.e., in a way that you would examine the Goods in a physical store. If we have not yet refunded the Price, we are entitled to offset the claim for the costs incurred against your claim for the refund of the Price.
• We are entitled to withdraw from the Contract at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the period stated in Article 9 of the Terms. We can also withdraw from the Contract if it is clear that you have provided incorrect information in the Order. In the case of purchasing Goods within the scope of your business activity as a business, we are entitled to withdraw from the Contract at any time, even without giving a reason.

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   HOW CAN I RETURN GOODS FOR FREE?

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9. Dispute Resolution with Consumers

• We are not bound by any codes of conduct in relation to buyers according to Section 1826, paragraph 1, letter e) of the Civil Code.
• Consumer complaints are handled via email: tvplysaci@email.cz. We will send information about the resolution of the complaint to the buyer’s email address.
• For out-of-court consumer dispute resolution, the Czech Trade Inspection Authority is competent, with headquarters at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between sellers and buyers who are consumers, arising from a purchase contract concluded by electronic means.
• The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, website: 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 online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

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10. Final Provisions

• If our legal relationship involves an international element (e.g., if we send goods outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, your rights under applicable legal regulations will not be affected by this provision.
• All written correspondence will be delivered to you electronically. Our email address is provided in our identification details. We will deliver correspondence to your email address specified in the Contract, in the User account, or through which you contacted us.
• The Contract can only be modified with our written agreement. However, we have the right to change and supplement these Terms, but this change will not affect already concluded Contracts, only those concluded after the effectiveness of the change. We will send you information about the change to your email address at least 14 days before the effectiveness of this change. If we do not receive notice of termination of the concluded Contract from you within 14 days of receiving information about the change, the new Terms will become part of the Contract, and will apply to the next delivery of Goods after the effectiveness of the change. The notice period in the event of termination is 2 months.
• In case of force majeure or unforeseen events (natural disasters, pandemics, operational failures, subcontractor outages, etc.), we are not responsible for damages caused by or in connection with such events. If the force majeure situation lasts longer than 10 days, both we and you have the right to withdraw from the Contract.
• An annex to these Terms includes a sample complaint form and a sample withdrawal form.
• The Contract, including the Terms, is archived in electronic form with us but is not accessible to you. However, you will always receive these Terms and an Order confirmation with a summary of the Order via email, so you will always have access to the Contract without our assistance. We recommend saving the Order confirmation and the Terms.
• These Terms become effective on January 3, 2023.