Terms and conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)

• FROM CZECH S.R.O.
• ID: 08097160
• VAT: CZ08097160
• with registered office: Vodňanská 10/1018, České Budějovice 37011
• registered with the Regional Court in České Budějovice, section C 28769, file KSCB   
• contact details:
• email: info@jeztomarket.cz
• Phone: +420 603 248 457
• E-shop: www.jeztomarke.cz

Correspondence address:
Jezto Market
Kněžská 373/10,
České Budějovice, 370 01
Czech Republic

(hereinafter referred to as the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the “Buyer”) via the web interface located on the website available at the internet address eshop.jeztomarke.cz. (hereinafter referred to as the “online store”).

3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the English language.

 

II. Information about goods and prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each individual good in the online store catalogue. The prices of the goods are included in the value added tax, all related fees and costs for returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of the goods placed in the online store catalogue is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the costs associated with packaging and delivery of the goods is published in the online store. Information on the costs associated with packaging and delivery of the goods provided in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

 

III. Order and conclusion of a purchase contract

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

• through his customer account, if he has previously registered in the online store,
  
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the send order button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is attached to the current terms and conditions of the seller. The purchase contract is concluded only after the seller accepts the order. Notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

6. In the event that the seller cannot meet any of the requirements specified in the order, the seller will send the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notification of acceptance of the order from the seller. The buyer may cancel the order by phone to the seller's phone number or email specified in these terms and conditions.

8. In the event that there is an obvious technical error on the part of the seller when 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 at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

 

IV. Customer account

1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. 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 his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses his user account, or if the Buyer violates his obligations under the purchase contract or these terms and conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

 

V. Payment terms and delivery of goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• cashless transfer to the seller's bank account No. 2201620053/2010, maintained at FIO BANKA,
• cashless payment card,
• cashless transfer to the seller's account via the ShoptetPay payment gateway,
• cash on delivery upon delivery of the goods,
• cash or payment card upon personal collection at the Zásilkovna parcel delivery point.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of concluding the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then no later than within 48 hours

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via the delivery office to the delivery office address specified by the buyer
• by personal collection at the seller's premises

9. The choice of the delivery method is made when ordering the goods.

10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another method of delivery.

12. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller will issue the buyer a tax document - invoice. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. 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 obliged to take over the goods, but did not do so in violation of the purchase contract.

 

VI. Withdrawal from the contract

1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The buyer may not withdraw from the purchase contract, among other things:

• the provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
• on the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
• on the supply of alcoholic beverages, which can only be delivered after the expiration of thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
• on the supply of goods that have been modified according to the buyer's wishes or for his person,
• on the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery,
• on the supply of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygiene reasons,
• on the supply of audio or video recordings or a computer program, if their original packaging has been broken,
  the delivery of newspapers, periodicals or magazines,
• the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
• in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller shall return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs.

8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall return to the buyer the costs of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the buyer under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.

 

VII. Rights arising from defective performance

1. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:

the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.

2. The seller has obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance last. Otherwise, the buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.

3. If the period for which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightfully complained to the seller about a defect in the goods, the period for exercising rights for defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

4. The provisions set out in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or if this results from the nature of the goods. The buyer shall not be entitled to the right to defective performance if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.

5. In the event of a defect, the buyer may submit a complaint to the seller and demand:

• replacement for new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.

6. The buyer has the right to withdraw from the contract:

• if the goods have a significant defect,
• if he cannot use the item properly due to the repeated occurrence of the defect or defects after repair,
• in the event of a large number of defects in the goods.

7. A material breach of contract is one that the party breaching the contract knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.

8. In the case of a defect that constitutes an immaterial breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

9. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects simultaneously), the buyer is entitled to claim a discount on the purchase price, exchange the goods or withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irreparable. If the buyer does not exercise his right to a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the buyer may demand a refund of the purchase price in full based on withdrawal from the contract.

12. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept a complaint at any establishment where complaints can be accepted, or at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of settling the complaint the buyer requests, as well as a confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

15. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claiming the complaint is considered the moment when the buyer's will (the exercise of the right from defective performance) reaches the seller.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer shall not be entitled to the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

18. In the event of a justified complaint, the buyer shall be entitled to compensation for the reasonably incurred costs incurred in connection with the complaint. The buyer may exercise this right against the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19. The buyer shall have the choice of the method of complaint.

20. The rights and obligations of the contracting parties regarding the rights to claim defective performance shall be 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.

21. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaints procedure.

 

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer shall deliver correspondence to the seller to the email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer to the email address specified in his customer account or in the order.

 

IX. Personal data

1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us your written permission, we will not use your data in any way other than for the purpose of fulfilling the contract, except for the email address to which you may be sent commercial communications, as this procedure is permitted by law unless you refuse it. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple way (by sending a letter, email or clicking on the link in the commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on personal data protection can be found in the Privacy Policy HERE

 

X. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes arising from a purchase contract. 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 arising from a purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the 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 the resolution of consumer disputes on-line).

3. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

 

XI. Final provisions

1. All agreements between the seller and the buyer are subject to the law 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 law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

3. All rights to the seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or part of it without the seller's consent.

4. The seller is not liable for errors arising as a result of third party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store without authorization and to use the online store or its parts or software in a way that would be contrary to its designation or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous wording of the terms and conditions.

8. The appendix to the terms and conditions is a sample form for withdrawal from the contract.

 

These terms and conditions come into effect on 1.6.2024.