Terms and Conditions

1. INTRODUCTORY PROVISIONS

Application of the Terms and Conditions. These Terms and Conditions (hereinafter “Terms and Conditions”) of the company Z STUDIO, spol. s r.o., registered at třída Tomáše Bati 5267, 760 01 Zlín, Czech Republic, Identification Number 63490765, entered in the Commercial Register kept by the Regional Court in Brno, file number C 21789 (hereinafter “Seller”) regulate the mutual rights and obligations of the Parties when using the application for mobile telephones (hereinafter “Mobile Application”) and the website at http://www.zetset.cz (hereinafter “Website”) and also the rights and obligations arising in connection with or on the basis of a Purchase Agreement (hereinafter “Purchase Agreement”) or, where appropriate, other agreements concluded via the Mobile Application, where rights and obligations may vary:

a) between the Seller and any person who, outside the framework of his entrepreneurial activities or outside the framework of independent pursuit of his profession, concludes an agreement with the Seller or otherwise acts with him (hereinafter “Purchasing Consumer”), where ‘consumer’ is defined in the provisions of Section 419 of Act No 89/2012 the Civil Code as amended (hereinafter “Civil Code”) – the rights and obligations between the Seller and the Purchasing Consumer shall be governed by these Terms and Conditions and also in particular by the Civil Code and by Act No 634/1992 on consumer protection as amended;

b) between the Seller and another natural or legal person who pursues, on his own account and responsibility, gainful activity in the form of a trade or the like, with the aim of systematically achieving a profit, and between the Seller and the State, a State organisation or a self-governing territorial unit (hereinafter “Purchasing Business”), where ‘business’ is defined in the provisions of Section 420 et seq of the Civil Code – the rights and obligations between the Seller and the Purchasing Business shall be governed by these Terms and Conditions and also in particular by the Civil Code.

1.1. Identification of the purchaser. Where these Terms and Conditions regulate certain rights and obligations jointly for the Purchasing Consumer and the Purchasing Business, they shall be identified jointly as The Purchaser or the Parties.

1.2. The law. The rights and obligations of the Parties shall be governed by the law of the Czech Republic, even where an international element is present. This shall be without prejudice to the rights of the Purchasing Consumer arising from legislation, in particular the necessarily applicable regulations.

1.3. Varying arrangements in a Purchase Agreement. Rights and obligations varying from the Terms and Conditions may be arranged in a Purchase Agreement. The varying arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.

1.4. Language of a Purchase Agreement. The provisions of the Terms and Conditions shall form an integral part of a Purchase Agreement. A Purchase Agreement may be concluded in Czech or in English as preferred by the Purchaser.

1.5. Previous terms and conditions. The version of the Terms and Conditions may be amended by the Seller. This shall be without prejudice to the rights and obligations of the Parties arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Setting up a User Account. The Purchaser agree that, with the sending off of an order (Article 3.2), the Seller shall set up a User Account for the Purchaser, in which the information communicated by the Purchaser shall be recorded (hereinafter “User Account”).

2.2. Details of the Purchaser. When ordering goods, the Purchaser must set out all of the details truthfully and correctly. The details set out by the Purchaser shall be regarded by the Seller as true and correct.

2.3. Security. Where access to a User Account is secured by a user name and password, the Purchaser must maintain confidentiality with regard to the information necessary for gaining access to his User Account, and notes that the Seller shall not be liable for breaches of this obligation by the Purchaser.

2.4. Suspension of a User Account. The Seller may, at any time, without explanation and without compensation, suspend a User Account, and in particular where a Purchaser has ordered no goods for more than five (5) years or where the Purchaser has breached his obligations under a Purchase Agreement (including the Terms and Conditions).

2.5. Availability of the Mobile Application. The Purchaser notes that the Mobile Application does not have to be available without interruption, particularly for reasons of maintenance of the hardware or software of the Seller or third parties.

3. CONCLUSION OF A PURCHASE AGREEMENT

3.1. The offering of goods. The Mobile Application lists goods offered by the Seller for sale, i.e. in particular the name and main characteristics of the goods, their price and the costs for their packaging and delivery. The prices of goods are stated inclusive of all taxes and all associated charges and contributions. The offering of goods for sale and the prices shall remain valid for the period during which they are displayed in the Mobile Application. This shall not restrict the Seller’s right to conclude Purchase Agreements under terms and conditions arranged individually. In placing the offering of goods on the Mobile Application, the Seller expresses its wish to conclude Purchase Agreements with Purchasers. The information on costs connected with the packaging and delivery of the goods listed in the Mobile Application shall apply only in cases where the goods are delivered within the Czech Republic, unless specified otherwise.

3.2. Orders. The Purchaser shall fill in an order in the Mobile Application to order goods. An order shall contain in particular:

a) the type of Purchase Agreement selected by the Purchaser (Article 3.3), where the Mobile Application so allows,

b) information on the Purchaser,

c) information on ordered goods modified in accordance with the Purchaser’s wishes,

d) information on the requested method of payment of the purchase price of the goods,

e) information on the requested method of delivery of the goods, and

f) information on the costs connected with delivery of the goods (hereinafter “Order”).

3.3. Type of Purchase Agreement selected by the Purchaser. Where the Mobile Application does not enable the Purchaser to select, in an order, whether to conclude an agreement as a Purchasing Consumer or as a Purchasing Business, the Purchase shall have the possibility of making this selection by the end of the working day following the dispatch of the order, using the contact details of the Seller (Article 12.7). After the expiration of this time limit, the type of Purchase Agreement may no longer be changed, unless the Parties agree otherwise. A Purchasing Business through its selection, and in particular through the statement of its identification number, declares and confirms that it meets the definition of a Purchasing Business set out in Article 1.

3.4. Order confirmation. Before dispatching an order to the Seller, the Purchaser shall have the possibility of checking, amending and correcting the details he has entered in the order. The Seller shall regard the details set out in an order as true and correct. After an order is received, the Seller shall confirm the receipt of the order to the Purchaser by email, to the email address provided to the Seller by the Purchaser (hereinafter “Purchaser’s email address”).

3.5. Additional confirmation of an order. The Seller may, depending on the nature of an order (quantity of goods, amount of the purchase price, expected costs for delivery, etc.), ask the Purchaser for additional confirmation of an order (for example, in writing or by telephone).

3.6. Conclusion of a Purchase Agreement. A Purchase Agreement shall be concluded between the Parties at the moment of delivery of the Purchaser’s order to the Seller.

3.7. Time period for delivery of goods. The Purchaser notes that the time period for the delivery of goods stated in respect of individual goods in the Mobile Application and later in the order shall only be advisory, depending on what is technically possible for the Seller. A Purchase Agreement shall therefore not include the agreement of the Parties to a specific time period for the delivery of goods.

3.8. Manifestly low purchase price. The Purchaser notes that where the price of goods stated in the Mobile Application and later in the order is manifestly lower than the usual price for the same or comparable goods at a given place and time (in particular due to errors in the text or numbers or technical errors on the part of the Seller etc.), a Purchase Agreement shall not be concluded, even though the Seller has confirmed receipt of the order to the Purchaser, as the Seller does not wish to conclude a Purchase Agreement at such a purchase price or without the purchase price. The Seller shall inform the Purchaser about such facts. The Seller shall not be liable to the Purchaser for damage arising thereby.

3.9. The Purchaser’s costs in connection with the conclusion of a Purchase Agreement. The Purchaser agrees to the use of remote communication channels when concluding a Purchase Agreement. The costs incurred by the Purchaser when using remote communications in connection with the conclusion of a Purchase Agreement (in particular the costs for an internet connection, costs for telephone conversations etc.) shall be met by the Purchaser himself.

3.10. Amendment to a Purchase Agreement. After the conclusion of a Purchase Agreement, the Purchaser may ask the Seller (preferably by email) to amend the contents of the Purchase Agreement. The Purchase Agreement shall be amended at the moment of delivery, to the Purchaser’s email address, of the Seller’s notification of acceptance of the amendment to the Purchase Agreement. The Seller shall not be obliged to accept an amendment to a Purchase Agreement, particularly where the goods have already been modified in accordance with the wishes of the Purchaser or have already been handed over to a third party for shipping.

3.11. Conclusion of a gift agreement. Where the Seller, in connection with the conclusion of a Purchase Agreement, makes a gift to the Purchaser, the Parties shall thereby conclude a gift agreement, the validity and effect of which shall be directly dependent on the Purchase Agreement. A gift agreement shall contain a cancellation condition, according to which it will expire with the expiration of the Purchase Agreement (Article 5.10), in particular where a Purchasing Consumer exercises his right to withdraw from the Purchase Agreement under Article 5.2.  After the expiration of a gift agreement, the Seller shall be entitled to ask the Purchaser to return the gift, within the time period specified in Article 5.3, together with the returned goods and where he is not able to do this to pay the Seller the value of the gift corresponding to the current price of the same good listed in the Mobile Application, and where the Seller does not offer such a good for sale, then the current price of the same or comparable goods at that place and time.

3.12. Purchaser’s declaration. The Purchaser declares, in concluding a Purchase Agreement, that, through his action in concluding and fulfilling the Purchase Agreement, and in connection with the same, he is not infringing the rights of third parties and is not infringing the law, and in particular his action does not infringe copyrights and associated rights, does not interfere with personality rights and does not constitute a criminal offence, particularly in cases where goods are modified according to the Purchaser’s wishes or for him personally. The Purchaser notes that Seller does not judge the action of the Purchaser and shall not be liable for it, and in particular does not check goods modified according to the Purchaser’s wishes or for him personally.

4. PURCHASE PRICE OF GOODS AND PAYMENT CONDITIONS

4.1. Purchase price. Together with the purchase price, the Purchaser shall also pay the Seller the costs connected with packaging and delivering the goods to the Purchaser, unless arranged otherwise in the Purchase Agreement. In the Terms and Conditions, ‘purchase price’ also means the costs connected with the packaging and delivery of the goods, unless expressly specified otherwise.

4.2. Methods for paying the purchase price. The price of the goods and any costs connected with delivery of the goods under the Purchase Agreement may be paid by the Purchaser to the Seller in the following ways:

a) in cash at an establishment of the Seller designated for the issuing of goods, if the Seller offers this,

b) in cash on delivery at a place specified by the Purchaser in the order, if the Seller offers this,

c) by bank transfer to the bank account of the Seller, number 379792523/0300, held at Československá obchodní banka, a.s., (hereinafter “Seller’s account”), if the Seller offers this, while the Purchaser must enter the variable symbol communicated to him by the Seller,

d) via a payment system (payment gateway), if the Seller offers this,

e) with a credit card, if the Seller offers this.

4.3. Due date of the purchase price. In the case of a cash payment or a payment on collection, the purchase price shall be due upon receipt of the goods. In the case of payments other than in cash, the purchase price shall be due on the date specified by the Seller in connection with the payment method selected. In the case of a payment other than in cash, the Purchaser’s commitment to pay the purchase price shall be fulfilled at the moment when the entire purchase price is credited to the Seller’s account.

4.4. Dispatch of goods after payment of the purchase price. The Seller shall be entitled, particularly when the Purchaser has failed to provide additional confirmation of the order (Article 3.5), to request payment of the entire purchase price before the goods are dispatched to the Purchaser.

4.5. Invoice. In relation to payments made on the basis of a Purchase Agreement, the Seller shall issue a tax document – invoice to the Purchaser, which shall serve as proof of purchase of the goods. The Seller shall pay the value added tax.

4.6. Discounts. Any discounts on the prices of goods provided by the Seller to the Purchaser may not be added together or combined.

4.7. Contractual penalties. If a Purchaser fails to pay the purchase price to the Seller properly and in good time, he shall pay a contractual penalty to the Seller amounting to 0.1 % of the purchase price of the goods per day of delay, up to the amount of the purchase price of the goods.

5. WITHDRAWAL FROM A PURCHASE AGREEMENT

5.1. Purchase agreements from which the Purchasing Consumer may not withdraw. The Purchasing Consumer notes that, under the provisions of Section 1837 of the Civil Code, he may not withdraw in particular from a Purchase Agreement for the supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the Seller, for the supply of goods modified according to the wishes of the Purchasing Consumer or for him personally (in particular photo-books, calendars, postcards etc.), from a Purchase Agreement for the supply of digital content that is not supplied on a tangible medium and is delivered, with the prior express consent of the Purchasing Consumer, before the expiration of the time limit for withdrawal from the agreement and where the Seller, prior to the conclusion of the agreement, has informed the consumer that in such cases he would have no right to withdraw from the agreement.

5.2. Withdrawal of the Purchasing Consumer from the Purchase Agreement within 14 days. With the exception of the case set out in Article 5.1 or another case where withdrawal from the Purchase Agreement is not possible under the Civil Code, and if the Purchase Agreement was concluded a remote means of communication (by a distance method), the Purchasing Consumer shall have the right, in accordance with the provisions of Section 1829 of the Civil Code, to withdraw from the agreement without explanation and without any penalties within fourteen (14) days of the date of receipt of the goods, or, where several types or parts of a good are involved, from the date of receipt of the final delivery of the goods. The time period shall start to run from the day following the day on which the Purchasing Consumer received the goods. Where the final day of the time period is a Saturday, Sunday or public holiday, the final day of the time period shall be the next working day. The withdrawal from the Purchase Agreement must be dispatched to the Seller within fourteen (14) days, by filling in and dispatching the form for withdrawal from the agreement that is available on the website or in writing to the address of the registered office or to the email address of the Seller (Article 12.7). Prior to such a withdrawal from a Purchase Agreement, the Purchasing Consumer shall be entitled to remove the goods from the original packaging and to determine, in a reasonable manner, whether or not he is satisfied with the goods. The Purchasing Consumer shall be entitled to withdraw from the Purchase Agreement before the goods are dispatched by the Seller or before receiving the goods. The method by which the Purchasing Consumer takes receipt of the goods shall not affect the right to withdraw from the agreement, i.e. the Purchasing Consumer shall also be entitled to withdraw from the agreement where he has received the goods in person from the Seller. Damage to the goods shall not affect the right to withdraw from the agreement. The Purchaser notes that withdrawal from the Purchase Agreement shall immediately cancel any gift agreement concluded between the Parties (Article 3.11, 5.10).

5.3. Return of goods by the Purchaser after withdrawal from the agreement. In any withdrawal from a Purchase Agreement, the Purchaser shall return the goods to the Seller without undue delay, and no later than fourteen (14) days from the expiration of the Purchase Agreement (Article 5.10), unless agreed otherwise with the Seller. Where the Purchaser is at least thirty (30) days late in returning the goods, he shall pay the Seller a contractual penalty amounting to 0.1 % of the purchase price of the goods per day of delay, up to the amount of the purchase price of the goods. The goods do not have to be returned in the original packaging, but they must of course be packed by the Purchaser in such a way as to avoid damage during shipping – the Seller therefore recommends that the Purchaser return the goods in the original packaging, which will ensure safety during shipping. The Seller recommends that the Purchaser insure the goods during shipping, as the Purchaser is liable for the goods during shipping to the Seller. Where the shipping is provided by the Seller, the Seller may ask the Purchaser to reimburse the costs incurred for shipping the goods from the Purchaser to the Seller.

5.4. Evaluation of returned goods by the Seller. Within thirty (30) days of the return of goods by the Purchaser under Article 5.3, the Seller may examine the returned goods, in particular to determine whether the goods have been damaged by the Purchaser, excessively worn or partially consumed.

5.5. Refund of the purchase price to the Purchaser following withdrawal from the agreement. In the case of any withdrawal from a Purchase Agreement the Seller shall refund the purchase price to the Purchaser, and shall also refund to the Purchasing Consumer any costs for delivery of the goods, within fourteen (14) days of expiration of the agreement (Article 5.10), while the condition for a refund of the entire purchase price is that the Purchaser returns the goods to the Seller goods with all of the parts and accessories. If the Purchaser fails to return the goods with all of the parts and accessories, the Seller shall be entitled to return to the Purchaser the purchase price less the value of the non-returned parts or accessories. The Seller shall bear the costs connected with the refund of the purchase price in cash directly to the Purchaser or by bank transfer to the account of the Purchaser or via a payment system (payment gateway). If, of course, the Purchaser fails to provide his bank account number to the Seller for the refund of the purchase price and the price cannot be refunded in another manner, the Seller shall send the purchase price to the address of the Purchaser by postal order or international postal order, and the purchase price shall be reduced by the costs necessarily incurred by the Seller when using these services. Where the Seller also refunds to the Purchasing Consumer the costs for delivery of the goods and where the Purchasing Consumer selects a delivery method other than the cheapest one offered by the Seller, the Seller shall refund to the Purchasing Consumer the costs for delivery of the goods at an amount corresponding to the cheapest method offered for delivery of the goods.

5.6. Costs connected with the return of goods. The Purchasing Consumer notes that in the event of a withdrawal from the Purchase Agreement under Article 5.2, he shall be liable to the Seller for a deterioration in the value of goods resulting from the goods being handled in a way other than they should be handled in view of their nature and properties, and in particular where the returned goods have been damaged by the Purchasing Consumer, excessively worn or partially consumed, or where the Purchasing Consumer has manifestly used the goods beyond the level necessary for determining whether or not he is satisfied with the goods (costs connected with the return of goods).

5.7. Right of the Seller to damages. The Purchaser notes that, in any withdrawal from the agreement, the Seller shall be entitled to compensation from the Purchaser for damage and in particular where the value of the returned goods has deteriorated or the goods are damaged, excessively worn or partially consumed.

5.8. Possibility of an offset from the Seller. The Seller shall be entitled to offset the right of the Purchaser for a refund of the purchase price unilaterally against its own right to compensation for costs connected with the return of goods, compensation for damage, payment of interest on delay and contractual penalties arising from the Terms and Conditions.

5.9. Withdrawal of the Seller from the Purchase Agreement. The Seller shall have the right to withdraw from the Purchase Agreement in the following cases:

a) if he has justified doubts as to the real identity of the Purchaser,

b) if he discovers that the Purchaser has previously been in breach of a Purchase Agreement or Terms and Conditions,

c) if he is objectively unable, due to reasons for which third parties are to blame, to deliver the goods to the Purchaser for the agreed purchase price,

d) if he is objectively unable, due to reasons for which third parties are to blame, to deliver the goods to the Purchaser within a time period that is reasonable in the circumstances,

e) if the goods are no longer produced, are unavailable or cannot be supplied by third parties,

f) if the Purchaser has failed to provide the additional confirmation of the order requested by the Seller (Article 3.5),

g) if the Purchaser fails to pay the purchase price properly and in good time,

h) if The Purchaser fails to take receipt of the goods properly and in good time.

i) v případě, kdy má kupující právo odstoupit od kupní smlouvy podle čl. 5.2., a to z jakéhokoliv důvodu až do doby převzetí zboží kupujícím.

5.10. Expiration of the Purchase Agreement. The Purchase Agreement shall expire on the moment of delivery of the written notification of withdrawal from the agreement to the other Party. Withdrawal shall have the effect of cancelling the Purchase Agreement from the start. Expiration of, or withdrawal from, the agreement shall be without prejudice to the rights to the payment of costs connected with the return of goods, rights to compensation for damage, rights to interest on delay and rights to contractual penalties, as such provisions are entirely separable from the Purchase Agreement and shall persist even after the expiration of the Purchase Agreement. With the expiration of the Purchase Agreement, any gift agreement concluded between the Parties (Article 3.11) shall also expire immediately.

5.11. Expiration of a Purchase Agreement concluded with a Purchasing Business. Where a Purchase Agreement concluded between the Seller and a Purchasing Business expires by agreement of the Parties on the basis of a request of the Purchasing Business or by the withdrawal of the Seller from the agreement for the reasons listed in Article 5.9(f), (g) or (h), the Purchasing Business shall pay the Seller a contractual penalty amounting to 30 % of the purchase price of the goods within fourteen (14) days of the expiration of the Purchase Agreement.

6. SHIPPING AND DELIVERY OF THE GOODS TO THE PURCHASER

6.1. Method of delivery of goods. The method of delivery of goods shall be determined by the Purchaser in the order by selecting from the options offered by the Seller. If the Seller, on the basis of a special request of the Purchaser, agrees with the Purchaser on a method of delivery of the goods other than the methods offered at the time by the Seller in the Mobile Application, the Purchaser shall be liable for damage to the goods and for the costs connected with such a method of shipping from the moment when the Seller hands the goods over for shipping.

6.2. Acceptance of goods by the Purchasing Consumer. The Purchasing Consumer shall not obliged to check the goods on acceptance (i.e. to unpack the goods from their original packaging), but of course the Seller recommends that the Purchasing Consumer check the goods. The Seller also strongly recommends that the Purchasing Consumer checks the integrity of the packaging of the goods and does not accept the goods in the event of any defect therein and immediately reports this to the Seller or, for the faster handling of the matter, to the final carrier, i.e. directly to the driver or carrier named in the contact details listed in the Mobile Application or on the Seller’s website. In signing the delivery note or other proof of receipt of the goods, The Purchaser confirms that the packaging of the goods shows no signs of damage, and no subsequent claim relating to damage to the packaging can be considered.

6.3. Acceptance of goods by a Purchasing Business. The Purchasing Business must check the goods upon receipt, i.e. unpack the goods from the original packaging and identify any manifest defects in the goods. If the Purchasing Business does identify manifest defects in the goods, it shall report this immediately to the seller or the carrier and it shall not be obliged to accept the goods from the carrier. If the Purchasing Business fails to report manifest defects in goods to the Seller immediately or if he accepts the goods from the carrier, it shall be deemed that the goods were free of manifest defects at the moment of acceptance by the Purchasing Business. Defects that are not manifest, i.e. in particular hidden defects in goods, shall be reported by the Purchasing Business to the Seller within three (3) working days of the defects being identified.

6.4. Delay of the Purchaser in acceptance of goods. Where the Seller is obliged, under the Purchase Agreement, to deliver the goods to a place specified by the Purchaser in the order, the Purchaser shall be obliged to accept the goods on delivery. If the Purchaser refuses to accept the goods or fails to accept them without good reason, he shall pay to the Seller a contractual penalty amounting to 0.5 % of the purchase price of the goods per day of delay up to the amount of the purchase price of the goods, plus the delivery costs (postage) which the Seller has paid to third parties. The Seller shall also be entitled to this payment in cases where the conditions have been met for delivery of the goods free of charge.

6.5. Repeat deliveries of goods. Where, for reasons for which the Purchaser is to blame, goods must be delivered repeatedly or by a method other than the one agreed in the Purchase Agreement, the Purchaser shall reimburse the costs connected with the repeat delivery of the goods, or, as the case may be, the costs connected with the other method of delivery of the goods.

6.6. Seller’s conditions of delivery. The shipping conditions for the goods and other rights and obligations of the Parties in the shipping of the goods to the Purchaser shall be governed by the Seller’s conditions of delivery, which form part of the Purchase Agreement.

7. LIABILITY FOR DEFECTS IN GOODS (CLAIMS), WARRANTY

7.1. Liability of the Seller to the Purchasing Consumer. The rights and obligations between the Seller and the Purchasing Consumer regarding the liability of the Seller for defects in goods shall be governed by the applicable legislation, in particular Section 2099 et seq and Section 2161 et seq of the Civil Code.

7.2. Liability of the Seller to the Purchasing Business. The rights and obligations between the Seller and the Purchasing Business regarding the liability of the Seller for defects in goods shall be governed by the applicable legislation, in particular Section 2099 et seq of the Civil Code.

7.3. Warranty for the quality of goods upon receipt (compliance with the purchase agreement). The Seller shall be liable to the Purchasing Consumer for the goods being free of defects upon delivery, and in particular, at the time when the Purchaser receives the goods:

a) for the goods having the properties agreed on by the Parties, and in the absence of such agreement, the properties described by the Seller or the manufacturer or expected by the Purchasing Consumer in view of the nature of the goods and on the basis the way they were advertised,

b) for the goods being fit for purpose as specified by the Seller or fit for purpose in terms of the usual use of such goods,

c) for the goods corresponding in terms of quality or design to the agreed sample or specimen, where the quality or design has been specified in relation to an agreed sample or specimen,

d) for the goods being of the agreed quantity, level or weight and

e) for the goods meeting the legal requirements.

7.4. Rights of the Purchasing Consumer under the warranty for the quality of goods upon receipt (compliance with purchase agreement). If the goods do not have the properties specified in Article 7.3, the Purchasing Consumer may request that new, defect-free goods be supplied where this is not unreasonable in view of the nature of the defects, but where the defect affects only part of the goods, the Purchasing Consumer may request the replacement only of that part; where this is not possible, he may withdraw from the agreement. Where this would be disproportionate in view of the nature of the defect, however, in particular where the defect can be removed immediately, the Purchasing Consumer shall have the right to payment-free removal of the defect. The Purchasing Consumer shall also be entitled to the supply of new goods or to the replacement of parts where the goods cannot be used properly due to the recurrence of a defect after repair (Article 7.10) or where there are many defects (Article 7.11). In such cases, the Purchasing Consumer shall also have the right to withdraw from the agreement. If the Purchasing Consumer does not withdraw from the agreement or does not exercise the entitlement to the supply of new, defect-free goods, the replacement of parts or the repair of goods, he may request a reasonable discount. The Purchasing Consumer shall also be entitled to a reasonable discount if the Seller is unable to deliver new, defect-free goods, to replace parts or to repair goods, or if the Seller fails to provide a remedy within a reasonable period of time or if the provision of the remedy causes significant difficulties for the Purchasing Consumer.

7.5. Purchaser’s rights arising from improper performance. The Purchasing Consumer shall be entitled to exercise rights arising from defects occurring in goods within twenty four (24) months of their receipt and the Purchasing Business shall be entitled to exercise rights arising from defects occurring in goods within six (6) months of their receipt. If the defect represents a major breach of the agreement, the Purchaser shall have the rights under Article 7.6. If the defect represents a minor breach of the agreement, the Purchaser shall have the rights under Article 7.7. In the case of goods sold at a reduced price or used goods, The Purchaser shall have the rights under Article 7.8. The Purchaser shall not be entitled to exercise rights arising from improper performance other than those based on the law, unless agreed otherwise with the Seller. Once the Purchaser exercises the option of the rights arising from improper performance and applies one of the possible rights, he shall be bound by his choice and shall not be entitled unilaterally to amend his choice of rights. The Purchaser may exercise another right on the basis of one and same defect only if the right he applied has expired (e.g. due to impossibility of performance) or if the defect in respect of which the right was applied has acquired a new characteristic.

7.6. Purchaser’s rights in the event of a defect that represents a major breach of the agreement. If the improper performance constitutes a major breach of the Purchase Agreement (Article7.9), the Purchaser shall be entitled:

a) to the removal of the defect through the supply of new goods free of the defect or through the supply of missing goods,

b) to the removal of the defect through repair of the goods,

c) to a reasonable discount on the purchase price, or

d) oto withdraw from the agreement.

The Purchaser shall inform the Seller as to which right he has selected, when reporting the defect or immediately after reporting the defect. The selection may not be amended by the Purchaser without the consent of the Seller; this shall not apply where the Purchaser has opted for a repair and the defect proves to be irreparable. If the Seller cannot remove the defect within a reasonable period of time or if the Seller informs the Purchaser that he cannot remove the defects, The Purchaser may request a reasonable discount on the purchase price instead of removal of the defect, or he may withdraw from the agreement. If the Purchaser fails to select a right in good time, he shall have the rights under Article 7.7.

7.7. Purchaser’s rights in the event of a defect that represents a minor breach of the agreement. Where the improper performance is due to a minor breach of the Purchase Agreement (Article 7.9), the Purchaser shall have the right to removal of the defect, or to a reasonable discount on the purchase price. Until the Purchaser exercises the right to a discount on the purchase price or to withdraw from the agreement, the Seller may supply what is missing or remove a legal defect. The Seller may remove other defects as he sees fit, by repairing the goods or by supplying new goods; the selection may not cause unreasonable costs for the Purchaser. If the Seller fails to remove a defect in good time or refuses to remove a defect, the Purchaser may request a discount on the purchase price, or he may withdraw from the agreement. The Purchaser may not amend a selection, once made, without the consent of the Seller.

7.8. Defects in goods sold at a reduced price or used goods. Where the goods have a defect that is binding on the Seller, and the goods in question were sold at a reduced price or were used goods, the Purchaser shall have, instead of the right to replacement of the goods, the right to a reasonable discount. Goods sold at a reduced price or used goods that the Seller has clearly marked in the Mobile Application and subsequently in the order and sold at a price lower than the usual price for defect-free goods, in particular due to minor damage that has no impact on the functioning or the functional characteristics of the goods or due to damaged or soiled packaging of the goods. In the case of used goods, the Purchasing Consumer shall be entitled to exercise the rights arising from a defect that occurs within a period of twelve (12) months of receipt, and the Purchasing Business shall be entitled to exercise the rights arising from a defect that occurs within a period of six (6) months of receipt.

7.9. Major and minor breaches of agreement. A major breach of agreement is a breach of obligation in respect of which the party in breach of the agreement knew at the time of concluding the agreement, or must have known, that the other party would not have concluded the agreement if it had foreseen the breach. All other breaches of agreement shall be deemed to be minor.

7.10. Recurrence of a defect after repair. The “recurrence of a defect after repair” at the time the Purchasing Consumer makes a claim shall mean the occurrence of a defect after at least two previous repairs, on condition that the occurrence and the repair concern the same defect.

7.11. Large numbers of defects. A “large number of defects” at the time the Purchasing Consumer makes a claim shall mean the simultaneous occurrence of at least three removable defects, on condition that each individual defect prevents proper use of the goods.

7.12. Removable defects. A “removable defect” means a defect that can be removed by a repair where the goods will become defect-free after the repair, i.e. in particular defects the removal of which will not worsen the original appearance, quality, function or functional characteristics of the goods, and where the repair can be carried out properly within the set time limit for handling claims. The assessment of the nature of a defect is a matter for the Seller.

7.13. Non-removable defects. A “non-removable defect” means a defect on account of which the goods cannot be used as defect-free goods, i.e. in particular defects that cannot be removed without worsening the original appearance, quality, function or functional characteristics of the goods, and where the repair cannot be carried out properly within the set time limit for handling claims. The assessment of the nature of a defect is a matter for the Seller.

7.14. Transfer of rights arising from improper performance. Liability for improper performance constitutes a binding legal relationship solely between the Seller and the Purchaser.

7.15. Removal of defects in goods by third parties. The Purchaser shall not be entitled to secure the removal of defects in goods by third parties and then to seek reimbursement of the costs of such a procedure from the Seller. The Purchaser shall not be entitled to suspend payment of the purchase price when making a claim.

7.16. Liability of the Seller for defects in gifts. Where a gift has defects about which the Purchaser, as the recipient, was not warned, he shall be entitled only to return the goods back to the Seller, and he cannot exercise any other provisions relating to defects in goods at the time of concluding a Purchase Agreement, i.e. in particular he cannot seek the replacement of the goods, or a repair or discount.

7.17. Liability of the Seller for goods modified according to the wishes of the Purchaser or for him personally. The Seller shall not be liable for defects in goods modified in accordance with the wishes of the Purchaser or for him personally, that have occurred due to deficient or inadequate information or instructions from the Purchaser (for example the provision of photographs with insufficient resolution, the provision of faulty data files etc.) despite the Seller drawing the Purchaser’s attention to his in the guide or messages in the Mobile Application or on the website.

7.18. Quality warranty. Through the quality warranty, the Seller warranties that the item will, for a specific period of time, be fit for normal use or that it will retain the usual characteristics. The same effect shall follow from the warranty period or useful life of the item specified on the packaging or in an advertisement. A warranty may also be provided for individual parts of an item. A warranty shall not apply in the following cases:

a) to a defect in goods sold at a reduced price where the price reduction was agreed on the basis of the defect,

b) to used goods that are fit for normal use,

c) to used goods where the defect corresponds to the amount of use or wear that the goods had had upon receipt by the Purchaser,

d) where it follows from the nature of the goods,

e) mechanical damage to goods caused by the Purchaser or a third party,

f) defects caused by unprofessional or incorrect shipping, storage, maintenance or operation, failure to care for goods or interference with the goods,

g) defects caused by excessive loading of the goods or use of the goods in a manner contrary to the documentation of the manufacturer of the goods or the general principles of use of the goods,

h) defects caused by use of the goods in conditions that do not comply, in terms of temperature, dust levels, humidity or mechanical, chemical or physical effects, with the conditions specified in the documentation of the manufacturer of the goods or the conditions for reasonable, normal use of the goods,

i) defects caused by force majeure, in particular a power surge or natural elements such as water, fire, wind, earth or other extreme natural or physical processes.

7.19. Warranty period. The Seller shall provide to the Purchasing Consumer a warranty period of twenty four (24) months, and to the Purchasing Business a warranty period of six (6) months. The warranty period shall run from the physical handover of the goods to the Purchaser, or, where the goods have been dispatched under the agreement, from the arrival of the goods at the specified location. The Purchaser may obtain an extended warranty period for certain goods, but the applicable conditions must, of course, be fulfilled, i.e. generally to submit to the manufacturer or importer of the goods a request for an extended warranty period. Within an extended warranty period, liability for a defect in the goods shall rest not with the Seller, but with the manufacturer or importer of the goods, against whom the Purchaser shall apply the rights arising from liability for a defect in the goods (claim). The Seller recommends that the Purchaser retains the proof of purchase of the goods (invoice) up to the end of the warranty period. The warranty period should not be confused with the period of the usual lifetime of the goods, i.e. the period during which, with correct use and handling, the goods may ensure with regard to their quality, function, useful characteristics and intended purpose.

7.20. Confirmation of rights arising from defects (warranty certificate). The Seller does not normally issue warranty certificates for goods, as the proof of purchase (invoice) is sufficient for making a claim. At the request of the Purchaser, the Seller shall, of course, confirm to the Purchaser, in writing, the scope and the period of duration of its obligations in relation to improper performance (warranty certificate). In the confirmation it shall state its name, registered office and identification details, and any other details necessary for determining its identity. Where necessary, the Seller shall set out in the confirmation (warranty certificate) in a comprehensible manner the scope, contents, conditions and period of duration of its liability, as well as the method by which the rights arising therefrom may be applied. In the confirmation, the Seller shall also state that this shall be without prejudice to the other rights of the Purchaser who has made a commitment to buy an item. A failure to fulfil these obligations shall not prejudice the validity of the confirmation.

7.21. Making a claim. The rights of the Purchaser arising from defective performance (hereinafter “claim”) shall be exercised by the Purchaser against the Seller at the address of its registered office or establishment designated for the acceptance of claims. For the rapid handling of claims, the Seller recommends that the Purchaser makes use of the claim form available in the Mobile Application or on the Seller’s website. Where the confirmation of the rights arising from defects (guarantee certificate) specifies that the repair of the goods shall be carried out by a designated third party who is at the location of the Seller or close to the location of the Purchaser, the Purchaser shall make the claim to that third party. The Purchaser shall, when making a claim, send the goods in question to the Seller, together with any accessories necessary for assessing the defects in the goods. The Purchaser shall, when making a claim, prove to the Seller that he is entitled to make the claim, at least by submitting a copy of the proof of purchase of the goods (invoice), a copy of the confirmation of the rights arising from defects (guarantee certificate) or in another credible manner. The Purchaser shall not be obliged, when making a claim, to provide the Seller with the original proof of purchase of the goods (invoice), the original confirmation of the rights arising from defects (warranty certificate), the original packaging of the goods or the instructions for use. The Seller recommends that, where possible, the Purchaser provides the goods relating to the claim in the original packaging, which will ensure the safety of the goods during shipping. The Seller recommends that the Purchaser insures the shipping of the goods. The Seller recommends that the Purchaser makes a claim without undue delay and immediately after identifying the defect in the goods, so that the claim can be correctly assessed and handled. The Seller shall issue the Purchaser with confirmation of then the claim was made, and the performance of the repair and the period of its duration.

7.22. Time periods for handing claims. After a claim is made, the Seller shall decide on the legitimacy of the claim immediately, and in more complex cases within three (3) working days. This time period shall not include the period necessary for an expert assessment of the defect goods. An employee assigned to handle claims shall be present in the establishment of the Seller at all operational times. The claim, including the removal of all defects, shall be handled by the Seller within the following time periods:

a) in the case of a Purchasing Consumer, without undue delay and within thirty (30) calendar days of the claim being made,

b) in the case of a Purchasing Business, within sixty (60) calendar days of the claim being made,

c) a longer time period, which the Parties may agree on.

After expiry of the time period for handling the claim, the Purchasing Consumer shall have the same rights as he would have in the case of a defect that could not be removed.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. Reservation of title. The Purchaser shall acquire title to the goods by paying the full purchase price of the goods.

8.2. Gift voucher. The Purchaser shall have the option of purchasing a gift voucher for a purchase price corresponding to the value of the gift voucher, or the Seller may provide the Purchaser with a gift voucher free of charge, in particular as an expression of thanks to the Purchaser for the proper fulfilment of a Purchase Agreement. Gift vouchers may be used to purchase goods in the Mobile Application, where the Seller enables this for specific goods, and only up to the moment of concluding a Purchase Agreement. After the conclusion of a Purchase Agreement the gift voucher can no longer be used for the goods purchased (e.g. upon receipt of the goods). Gift vouchers shall contain a code made up of numbers and letters, and when these are entered in the order, the purchase price of the goods will immediately be reduced by the value of the gift voucher. Gift vouchers shall not be issued shall not be issued to named individuals and are therefore transferrable. The value of a gift voucher and the period of its validity shall follow from the contents of the gift voucher. Neither a gift voucher nor its value can be exchanged for money. Gift vouchers can be used only once within the framework of one Purchase Agreement, i.e. when filling in an order no more than one gift voucher can be used. Gift vouchers cannot be added up or combined. Where the purchase price of the goods is lower than the value of the gift voucher, the Seller shall not be obliged to pay or refund the difference to the Purchaser. Where the purchase price of the goods is higher than the value of the gift voucher, the Purchaser shall make up the difference. A gift voucher is not a security and therefore damage or loss shall not be a reason for its cancellation, i.e. where The Purchaser can prove the acquisition or purchase of the gift voucher, the Seller may issue a new gift voucher of the same value. Where The Purchaser has purchased a gift voucher, the provisions of these Terms and Conditions shall apply mutatis mutandis to the Purchase Agreement. Where the Seller provides a gift voucher to a Purchasing Consumer free of charge and the Purchasing Consumer then withdraws from the Purchase Agreement under Article 5.2, the Seller shall not be obliged to replace a gift voucher used by the Purchasing Consumer or to issue a new gift voucher. Other terms and conditions concerning the use of gift vouchers may be set in the Mobile Application.

8.3. Copyright. The Purchaser notes that the software and other components comprising the Mobile Application (including photographs of the goods offered) are protected by copyright. The Purchaser undertakes not to engage in any activity that might enable him or third parties to interfere with in an unauthorised manner or use in an unauthorised manner the software or other components comprising the Mobile Application.

8.4. Use of the Mobile Application. The Purchaser is not allowed, when using the Mobile Application, to employ mechanisms, software or other procedures that might have a negative effect on the operation of the Mobile Application. The Mobile Application may be used only to an extent that is not detrimental to the rights of the Seller’s other customers that is in accordance with its purpose.

8.5. Information set out in the Mobile Application. The Purchaser notes that the information set out in the Mobile Application may be taken by the Seller from third parties, and may therefore contain factual or technical inaccuracies or typographical errors. Information set out in the Mobile Application may apply only to individual types of goods, and there may be differences only in insignificant details, accessories or in appearance between the information or illustrations of the goods and the goods in reality.

8.6. Special guarantees and warranties. Seller shall not provide any guarantee or warranty, except for the warranties arising from legislation and warranties provided by third parties above and beyond the legislative framework. The Seller shall not be bound by any codes of conduct in relation to the Purchaser.

8.7. Liability of the Seller. The Seller shall bear no liability, whether direct, indirect or exceptional, for lost profits or damage caused by the use of information set out in the Mobile Application or on the website. The Seller shall bear no liability for errors arising as a result of the interference of third parties in the Mobile Application or the website or as a result of the Mobile Application or website being used in a manner contrary to their purpose.

8.8. Limitations of the Seller’s liability for damage caused to the Purchasing Business. In the event of a breach of major contractual obligations, the Seller shall be liable to the Purchasing Business only for damage caused through the wilful culpability or gross neglect of the Seller or its statutory bodies or employees. In the event of a breach of minor contractual obligations, the Seller shall be liable to the Purchasing Business on for damage caused through the culpability of the Seller or its statutory bodies or employees, and it shall not be liable for lost profits. In both cases, the Seller shall be liable for damage up to the amount of the typical damage that might be foreseen on conclusion of the Purchase Agreement, and no more than the amount of the purchase price of the goods.

8.9. Převzetí nebezpečí změny okolností. Kupující na sebe přebírá nebezpečí změny okolností podle ustanovení § 1765 odst. 2 občanského zákoníku.

9. PROTECTION OF PERSONAL DATA AND THE SENDING OF COMMERCIAL COMMUNICATIONS

9.1. Data Protection Act. The protection of the personal data of a Purchaser who is a natural person is provided by Act No 101/2000 on the protection of personal data as amended.

9.2. Personal data. The Purchaser agrees to the processing of the following personal data: name and surname, address, registered office or place of business, identification number, tax identification number, email address and telephone number (hereinafter jointly referred to as “personal data”).

9.3. Consent of the Purchaser. The Purchaser consents to the processing of personal data by the Seller for the purposes of implementing the rights and obligations under the Purchase Agreement and for the purpose of sending information and commercial communications to the Purchaser.

9.4. Accuracy, truthfulness and updating of personal data. The Purchaser notes that he must state his personal data accurately and truthfully and, and inform the Seller without undue delay of any changes to his personal data.

9.5. Personal data processor. The Seller may entrust the processing of the Purchaser’s personal data to a third party processor. Without the prior consent of the Purchaser, the personal data shall not be transferred by the Seller to third parties, except for the persons transporting goods.

9.6. Period and method in respect of the processing of personal data. Personal data will be processed for a period of indefinite duration. Personal data will be processed in electronic form using an automated method or on paper using a non-automated method.

9.7. Withdrawal of the Purchaser’s consent. The Purchaser confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary. The Purchaser declares that he was informed that he may withdraw his consent to the processing of personal data in relation to the Seller by means of a written notice delivered to the Seller’s address or by email.

9.8. Incorrect processing of personal data. Where the Purchaser believes that the processing of his personal data by the Seller or processor (Article 9.5) is contrary to the protection of the private and personal life of the Purchaser or contrary to the law, and in particular where the personal data is inaccurate with regard to the purpose of its processing, he may:

a) request an explanation from the Seller or the processor,

b) request that the Seller or processor eliminates the resulting situation. In particular, this may be a matter of blocking, repairing, amending or deleting the personal data. Where the request of the Purchaser under the previous sentence is found to be justified, the Seller or processor the remove the error immediately. Where the Seller or processor fails to comply with the request, the Purchaser shall be entitled to apply directly to the Office for Personal Data Protection. This provision shall be without prejudice to the Purchaser’s right to apply directly to the Office for Personal Data Protection.

9.9. Information on the processing of personal data. If the Purchaser requests information on the processing of his personal data, the Seller shall provide him with this information. The For the provision of information under the previous sentence, the Seller shall be entitled to request a reasonable payment not exceeding the costs necessary for provision of the information.

9.10. Consent of the Purchaser to the sending of commercial communications. The Purchaser consents to the sending of information connected with goods, services or the company of the Seller to the Purchaser’s email address and also consents to the sending of commercial communications by the Seller to the Purchaser’s email address. The Purchaser declares that he has been informed that he may withdraw his consent to the sending of commercial communications in relation to the Seller by means of a written notice delivered to the Seller’s address or by email.

9.11. Souhlas kupujícího s používáním identifikátorů zařízení. Kupující souhlasí s ukládáním souborů cookies, identifikátorů zařízení a jiných nástrojů pro ukládání informací na jeho koncové zařízení a dále s tím, že tyto nástroje a jejich výsledky slouží k personalizaci obsahu a reklam, poskytování funkcí sociálních médií, analýze návštěvnosti webových stránek, k využívání konkrétních funkcí a způsobu využívání webové stránky nebo mobilní aplikace, k zaznamenání položek v nákupním košíku na webové stránce nebo v mobilní aplikaci a k zachování přihlášení kupujícího k uživatelskému účtu, přičemž je prodávající oprávněn tyto nástroje a jejich výsledky sdílet s třetími osobami.

10. LODGEMENT

10.1. Form and method of lodgement. Unless agreed otherwise, all correspondence connected with the purchase agreement must be delivered to the other Party in writing, by email, in person or by recommended post (as requested by the sender). The Seller recommends that the Purchaser use the email address provided to him.

10.2. Moment of delivery. A message shall be delivered:

a) in the case of delivery by email, at the moment of its receipt on the incoming email server, unless it is returned undelivered or unless the sender comes to know by another method that the message has not been delivered, and the integrity of messages sent by email may be ensured by a certificate,

b) in the case of delivery in person or by means of a postal service operator, by the acceptance of the consignment by the addressee on the third working day after dispatch, or, if sent to an address in another country, the fifteenth day working after dispatch.

11. DISPUTE RESOLUTION

11.1. Resolution of disputes between the Seller and the Purchasing Consumer. Disputes between the Seller and the Purchasing Consumer shall be resolved by the general courts.

11.2. Out-of-court handling of the Purchasing Consumer’s complaints. The out-of-court resolution of disputes and handling of complaints shall be mediated by dTest, o.p.s. (http://www.dtest.cz). This procedure does not comprise mediation under Act No 202/2012 on mediation as amended, or an arbitration procedure under Act No 216/1994 on arbitration procedures and the enforcement of arbitral awards as amended, and it shall be without prejudice to the filing of claims at the relevant court.

11.3. Resolution of disputes between the Seller and a Purchasing Business (prorogation clause). Disputes between the Seller and the Purchasing Business shall be resolved by the general courts of the Czech Republic whose competence is determined from the registered office of the Seller.

11.4. State supervision body. Supervision of compliance with the obligations under Act No 634/1992 on consumer protection as amended shall be performed by the Czech Trade Inspection Authority.

12. FINAL PROVISIONS

12.1. Purchaser’s consent to these Terms and Conditions. In concluding the Purchase Agreement, the Purchaser confirmed that he has acquainted himself with these Terms and Conditions and with the Seller’s terms and conditions of delivery and that he consents to them without exception. The conclusion of a Purchase Agreement without consent to these Terms and Conditions and the Seller’s terms and conditions of delivery is not possible.

12.2. Contractual penalties. The provisions concerning contractual penalties shall be without prejudice to the entitlement to damages arising from the breach of obligations to which the contractual penalty relates, even where the damage exceeds the contractual penalty. A contractual penalty shall not be counted as part of any damages. The payment of a contractual penalty shall not cancel the obligation the breach of which resulted in the contractual penalty.

12.3. Trading license. The Seller is authorised to sell goods on the basis of a trading license and the activities of the Seller are not subject to any other permits. The trade inspections shall be performed by the competent trade licensing authority within the scope of its powers.

12.4. Severability clause. Where any of the provisions of the Terms and Conditions, the agreement or other arrangements between the Seller and the Purchaser are or become or are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Terms and Conditions, the agreement or the other arrangements. The Parties shall in such cases replace the invalid or unenforceable provisions with valid and enforceable provisions that will have, insofar as this is possible, the same legally admissible meaning and effect as the provisions that are to be replaced.

12.5. Assignment of debts and liabilities. The Purchaser agrees that the Seller is entitled to assign any of the debts owed by the Purchaser to a third party. A Purchasing Business shall be entitled to assign the debts it owes to the Seller to a third party only with the prior written consent of the Seller.

12.6. Archiving of the Purchase Agreement. The purchase agreement, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be made available to third parties.

12.7. Contact. Contact details of the Seller – address for service: třída Tomáše Bati 5267, 760 01 Zlín, Czech Republic, email address: support@zetset.cz, telephone: +420 577 009 711.

12.8. Effect of the Terms and Conditions. These Terms and Conditions shall be valid and effective from 01.12.2015.

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