Ing. Roman Schmock
Heydukova 1868/26, 412 01 Litoměřice
entered on 6 January 2014 in the Trade Register at the Municipal Office in Litoměřice.
These business conditions apply to purchases in the online store www.jimot.cz. The conditions specify the rights and obligations of the seller and the buyer.
The buyer is a consumer or entrepreneur.
A buyer consumer, or just a consumer, is a person who, unlike the seller, does not act within the scope of his business activities or the independent performance of his profession in concluding and fulfilling the contract.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.
An offer is a legal action aimed at concluding a contract if it contains the essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if it implies the will of the proposer to be bound by the contract if the offer is accepted.
A proposal to deliver goods or to provide a service at a specified price made in the course of business by advertising, in a catalog or by displaying the goods is considered to be an offer subject to exhaustion of stocks or loss of the entrepreneur's ability to perform.
Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the web interface of the store.
When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
The buyer is not entitled to allow the use of the user account by third parties.
The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).
The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
Information provided in the online store
The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods.
Information on accepted payment methods is provided in the "Shipping and Payment" section.
The seller does not charge any fees depending on the method of payment.
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 revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
When choosing goods, the buyer cannot deviate from the seller's offer. In the case of individual requirements, an individual order will be made, in which the parameters of the goods will always be precisely specified. At the same time, the seller cannot deliver goods other than those ordered by the buyer, unless otherwise agreed.
Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.
The purchase contract is concluded in the Czech language.
The resulting purchase contract, resp. document will be stored in an electronic archive.
Registered users have access to the concluded contracts after logging on to the seller's website.
The contract will be sent electronically to unregistered customers upon request.
The pictures of the goods are for illustrative purposes only and may not correspond to the actual appearance of the item.
The dimensions of the goods are approximate, they may vary by 10%.
Delivery of goods
The seller will deliver the goods to the buyer complete, no later than within 20 days of order confirmation, unless the individual goods specify a different delivery time. The buyer is obliged to take over the goods and pay. The buyer is advised to inspect the goods as soon as possible upon receipt.
In case of damage to the shipment, the seller recommends that the buyer write a record of the damage with the carrier.
The seller will hand over the goods documents, especially the tax document, confirmations and certificates, to the buyer immediately upon receipt of the goods, in case of a technical problem on the part of the seller no later than fourteen days after receipt of the goods by the buyer.
The seller records its sales in accordance with the provisions of the Sales Registration Act. A duly completed receipt in the sense of electronic records of sales is a tax document, which the buyer dit remains at the same time as the goods. From the point of view of the Sales Registration Act, the moment of sales in the case of payment by gift voucher occurs at the moment of dispatch of the goods to the buyer. The seller issues receipts in accordance with the Sales Registration Act in electronic form sent by e-mail or in paper form, depending on the chosen payment method and mode of transport.
If the buyer so requests, the seller will confirm to him in writing the extent and duration of his obligations arising from defective performance and how the buyer can exercise the rights from them (Complaints Procedure).
The buyer will find the price of transport and the method of delivery in the section "Transport and payment".
If the buyer is in arrears with the acceptance of the goods, the seller is entitled, after demonstrably notifying the buyer by e-mail and giving him a new reasonable period for acceptance, to sell the goods in an appropriate manner after its expiration.
The seller is entitled to set off the costs of storage and the costs of vain delivery of the goods against the buyer against the proceeds of the sale due to the lack of cooperation on the part of the buyer.
Order cancellation and withdrawal from the contract
In the case of contracts concluded by distance (distance), the consumer buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of goods or payment. This period is intended for the buyer consumer to become acquainted to a reasonable extent with the nature, properties and functionality of the goods.
The consumer buyer is entitled to withdraw from the contract at any time before delivery of the goods.
Withdrawal from the contract by the buyer consumer will be sent or handed over to the seller within 14 days. The consumer buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is appropriate to state the date of purchase or the number of the contract / sales document, bank details and the chosen method of returning the goods in the withdrawal.
The seller is obliged to return to the buyer the amount of the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days of withdrawal from the contract, in the agreed manner.
If the buyer consumer chooses when returning the goods other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer consumer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods. The buyer consumer is obliged to send or hand over the purchased goods to the seller no later than 14 days from the withdrawal from the contract. The goods should be returned to the seller complete, preferably in the original packaging, must not show signs of wear or damage. The cost of returning the goods is borne by the consumer buyer.
If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and deduct it from the returned amount.
Exceptions: The right of withdrawal may not be exercised in the case of supply contracts, in the case of contracts for the supply of goods adapted to the consumer's wishes or on his behalf, and in the case of repair or maintenance contracts performed at a place designated by the consumer at his request.
The withdrawal form is available in the "Forms" section.
Rights and obligations from defective performance
If the goods taken over at the time the buyer took over the goods have shortcomings (eg it does not have the agreed or legitimately expected properties, does not fit the usual or agreed purpose, is not complete, does not match its quantity, measure, weight, color or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is responsible.
The purchasing consumer may claim from the seller, at the latest within two years of receipt of the goods, at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), a requirement to deliver a new item without defects or a new component without defects may apply if the defect concerns only that part.
If repair or exchange of goods is not possible, upon withdrawal from the contract, the consumer buyer may demand a refund of the purchase price in full.
The seller is not obliged to comply with the consumer's buyer's claim if he proves that the consumer buyer knew or caused the defect of the goods before taking over.
For used goods, the seller is not liable for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. Instead of the right to exchange, the consumer buyer is entitled to a reasonable discount in these cases.
Legal rights from defects
The consumer buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
The buyer is obliged to report the defect to the seller without undue delay after he could find it during a timely inspection and sufficient care.
Within this period, the buyer consumer is entitled to file a complaint and, at his option, to demand a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or not.page):
elimination of the defect by delivery of a new item without a defect or by delivery of a missing item
free defect repair
reasonable discount from the purchase price
refund of the purchase price upon withdrawal from the contract
Substantial breach of contract is significant of which the breaching party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen such breach.
In the event of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the purchasing consumer is entitled to have the defect remedied or a reasonable discount on the purchase price.
If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the purchasing consumer can claim a discount on the purchase price, exchange or withdraw from contracts.
The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use.
The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
The complaint form can be found in the "Forms" section.
When notifying the defect, or without undue delay after notifying the defect, the buyer is obliged to inform the seller which right (method of handling the complaint) he has chosen.
A change of option without the seller's consent is only possible if the buyer has requested a correction of the defect, which proves to be irremediable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling the complaint runs from the handover / delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.
The seller is obliged to immediately, no later than within three working days, decide on the complaint, or that the decision requires professional assessment. They shall provide the buyer with information on the need for an expert assessment within this period.
The seller will handle the consumer's consumer's complaint, including the elimination of the defect, without undue delay, no later than within 30 days of its application, unless they agree in writing with the consumer's consumer on a longer period. After this period, the consumer buyer has the same rights as if it were a material breach of contract.
If the seller refuses to rectify the defect, the consumer buyer may request a reasonable discount or withdraw from the contract.
The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item.
The seller undertakes to inform the buyer by e-mail about the settlement of the complaint.
Protection of personal data
The buyer agrees that the personal data provided by the seller will be processed and stored in accordance with the Personal Data Protection Act for the purpose of fulfilling the subject of the contract. The buyer has the right to be informed what data the seller records about him, and he is entitled to change this data, or to express his disagreement with their processing in writing. (more on Customer Privacy)
Mutual disputes between the seller and the buyer are resolved by ordinary courts.
Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court. More information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The application may be submitted no later than 1 year from the date on which the consumer exercised his right in dispute with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
The buyer can also turn to dTest, o.p.s. for advice on his consumer rights. via www.dtest.cz/poradna or by phone 299 149 009.
The seller undertakes to seek, as a matter of priority, out-of-court settlement of disputes with the buyer, unless the buyer rejects them. Out-of-court settlement of a dispute can also be done through the VašeStížnosti.cz service on the website www.vasestiznosti.cz.
This procedure is not mediation pursuant to Act No. 202/2012 Coll., On Mediation, as amended, or arbitration pursuant to Act No. 216/1994 Coll., On Arbitration and the Enforcement of Arbitral Awards, as amended, and its use is not affected the right of the parties to apply to the Czech Trade Inspection Authority or to a court.
No for the duration of the out-of-court settlement negotiationsthe limitation and prescription periods under the Civil Code shall not run or begin to run until one of the parties to the dispute has expressly refused to continue the proceedings.
The Czech Trade Inspection Authority (www.coi.cz) supervises compliance with the obligations pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended.
If the consumer's right to withdraw from the purchase contract is exercised, the buyer is obliged to return the gifts provided in connection with the returned goods, including everything he has enriched. If the buyer does not return, these values will be considered unjust enrichment. If the issue of the object of unjust enrichment is not well possible, the seller is entitled to monetary compensation in the amount of the usual price.
Information and advice
All oral and written information on the suitability and use of the delivered goods are communicated to the best of the seller's knowledge. However, they represent only his values of experience and information that the seller obtained himself, from the manufacturer or his supplier.
Complaints and comments of the buyer, which relate to the contractual relationship between the seller and the buyer, the seller handles in accordance with applicable regulations, where the customer can file complaints and comments on tel. +420 605 88 44 32 or e-mail address: informace @ jimot. cz. If the complaint contains a complaint about the goods, this complaint will be processed as a complaint in accordance with applicable law.
In the case of delivery of documents between the participants, the delivery address is considered to be the registered office of the seller and the address of the buyer specified in the order.
Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) And other legal regulations, as amended.
In Litoměřice on 1.1.2021