I. Basic provisions
These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the relations between the parties to the purchase contract, when on the one hand there is
Ing. Roman Schmock, Heydukova 1868/26, 412 01 Litoměřice, ID: 02520206,
entered on 6 January 2014 in the trade register at the Municipal Office in Litoměřice (hereinafter referred to as the "Seller") and on the other side is the buyer (hereinafter referred to as the "Buyer").
The buyer is a consumer or entrepreneur.
A consumer buyer, or just a consumer, is a person who, unlike the seller, does not act as part of his business activity or as part of the independent performance of his profession when concluding and fulfilling the contract.
An entrepreneur is a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent exercise of their profession, or a person who acts on behalf of or on behalf of an entrepreneur is considered an entrepreneur, among other things. For the purposes of the General Terms and Conditions, an entrepreneur is a person who acts in accordance with the previous sentence as part of his business activity. If the Buyer states his identification number in the order, he acknowledges that he is in a contractual relationship, he is considered an entrepreneur and the rules stated in the GTC for entrepreneurs apply to him.
By creating an order, the buyer confirms that he has familiarized himself with these GTC before concluding the contract, an integral part of which is the Notice before concluding the contract for Buyers-Consumers contained in Article II of the GTC, the Complaints Procedure, the Terms of Personal Data Protection and the Transport Methods document, and that he expressly agrees with them , in the wording valid and effective at the time the order is created.
The Buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified e-mail address. The Buyer will receive the invoice containing the basic details of the contract together with the purchased object, possibly to the entered e-mail address in electronic form, to which the Buyer agrees.
II. Notice before the conclusion of the contract for the Buyer-consumer
The Seller informs the Buyer Consumer that
• the costs of means of remote communication do not differ from the basic rate (in the case of Internet and telephone connections according to the terms and conditions of the Buyer's operator, the Seller does not charge any additional fees, this does not apply to contractual transport);
• requires payment of the purchase price before the Buyer takes over performance from the Seller, or the obligation to pay an advance or a similar payment refers to the Buyer's requirements for the provision of specific services, if they are required and provided;
• the prices of goods and services are listed on the Jimot.cz website including VAT, including all fees established by law, however the cost of delivering goods or services varies depending on the chosen method and transport provider and the method of payment for the order;
• The purchasing consumer has the right to withdraw from the contract (unless otherwise stated below), within a period of fourteen days, which runs if it is
◦ purchase contract, from the day of acceptance of the goods;
◦ a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods;
whereas this withdrawal must be sent to the address of the registered office, to an e-mail address, communicated via a telephone call,
• The purchasing consumer cannot withdraw from the contract:
◦ about the provision of services that the Seller provided with the prior express consent of the consumer before the expiry of the withdrawal period;
◦ on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the withdrawal period;
◦ about the delivery of goods that have been modified according to the wishes of the consumer or for his person;
◦ on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of the subsequent performance of other than requested repairs or the delivery of other than requested spare parts;
◦ about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it;
◦ about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiration of the withdrawal period, the Seller emphasizes that in the case of delivery of digital content delivered online, such a contract cannot be withdrawn.
◦ in case of withdrawal from the contract, the Buyer-consumer bears the costs associated with the return of the goods and, in the case of a contract concluded via a means of distance communication, the costs of returning the goods, if these goods cannot be returned by the usual postal route due to their nature;
◦ the consumer is obliged to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun;
• the consumer can file a complaint via the contact form, or can file a complaint with a supervisory or state supervisory authority.
• in case of pre-ordering of goods by the Buyer, the price of such goods is only preliminary. The resulting price of the goods may therefore vary. The Seller will inform the Buyer about the price change. The purchase price of the goods will be determined only after the goods are in stock. Any difference between the pre-paid price and the purchase price will be returned by the Seller or paid to the Buyer before the delivery of the goods, unless the Buyer decides to cancel the pre-order. For goods that can be pre-ordered, the seller reserves the right to change the delivery date, even repeatedly. In the event of a significant change in the delivery date (i.e. 14 days), the Buyer has the right to withdraw from the contract. If the circumstances on which the Seller was based at the time of pre-ordering the goods by the Buyer change to such an extent that it will not be possible to reasonably require the Seller to be bound by the pre-order, the Seller has the right to cancel the pre-order without further notice and subsequently inform the Buyer thereof.
• her contact e-mail address is email@example.com.
1. Conclusion of the contract
An order is created when the Buyer places the selected goods, service or electronic content in the basket and sends the order. The Seller can assist the Buyer in concluding the contract, either directly or by phone or e-mail order. Before the Buyer confirms the order bindingly, he can change both the requested content in the basket, the method of transport and the method of payment. The buyer is obliged to check all the data that he entered/selected when creating the order. The purchase contract is concluded by confirmation of the order created by the Buyer on the part of the Seller, the Seller is not responsible for any errors during data transmission. The Seller will immediately confirm the conclusion of the contract to the Buyer by sending an informative e-mail to the e-mail address entered by the Buyer.
Attached to the confirmation is the current version of the General Terms and Conditions, including the Complaints Procedure. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons, unless otherwise stated in the General Terms and Conditions.
If any gift is provided with the goods that the Buyer does not use, the Buyer is obliged to contact the Seller in advance and inform her that he is not interested in the gift. In such a case, the goods will be sold to the Buyer without this gift. If he does not do so and accepts this gift, the Buyer is obliged to return this gift in the event of withdrawal from the contract according to Article IV, point 1 of the General Terms and Conditions.
The concluded contract is archived by the Seller for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract can be found in these General Terms and Conditions, where this process is clearly described.
2. Delivery of the object of purchase
With the purchase contract, the Seller undertakes to hand over the item that is the subject of the purchase to the Buyer and enable him to acquire the ownership right/license to it, and the Buyer undertakes to take over the item/digital content and pay the purchase price to the Seller.
The Seller reserves the right of ownership to the item, and therefore the Buyer becomes the owner only after full payment of the purchase price. Similarly, this rule applies in the case of purchasing a service.
The Seller will hand over the item to the Buyer, as well as the documents relating to the item, and enable the Buyer to acquire ownership of the item/license in accordance with the contract.
The Seller fulfills the obligation to hand over the item to the Buyer if he allows him to handle the item at the place of performance and notifies him in time.
If the Seller is to send the item, he will hand over the item to the Buyer entrepreneur by handing it over to the first carrier for transportation for the Buyer and enable the Buyer to exercise the rights from the transport contract against the carrier, the Seller will hand over the item to the Buyer - the consumer at the moment when the item is handed over to him by the carrier.
If the subject of purchase is digital content, the subject of purchase is deemed to have been delivered when the Seller delivers an e-mail message to the Buyer with a link to download it or when the download link is made available to him in his user profile. The seller warns that the link to download the digital content is only valid for a period of 50 days. The buyer is therefore obliged to download the digital content at this time.
If the Seller delivers a larger quantity of items than was agreed upon, the purchase contract is also concluded for the excess quantity, unless the Buyer has rejected it without undue delay.
The Seller will hand over the purchase item to the Buyer in the agreed quantity, quality and design.
If it is not agreed how the thing should be packed, the Seller will pack the thing according to customs; if they are not, then in a manner necessary for the preservation of the thing and its protection. In the same way, the Seller prepares the item for transport.
3. Passing of the risk of damage
A thing is defective if it does not have the agreed properties. The fulfillment of another item and defects in the documents necessary for the use of the item are also considered a defect.
If possible, the buyer will inspect the item as soon as possible after receiving it and make sure of its properties and quantity. The Seller is obliged to inform the Seller of any detected defects and deficiencies without undue delay.
The risk of damage passes to the Buyer upon acceptance of the item. It has the same effect if the Buyer does not take over the item, even though the Seller has allowed him to dispose of it.
Damage to property that occurred after the risk of damage to property has passed to the Buyer does not affect his obligation to pay the purchase price, unless the Seller caused the damage by breaching his obligation.
If a party delays taking over the thing, the other party has the right to sell the thing after prior notice to the account of the delayer in a suitable way, after providing the delayer with an additional reasonable period for taking over. This also applies if the party delays payment, which is conditional on the delivery of the item.
4. Liability of the Seller
The Seller is responsible to the Buyer that the item has no defects upon receipt. In particular, the Seller responds to the Buyer that at the time the Buyer took over the item,
• the item has the properties agreed by the parties, in the absence of this agreement, that it has such properties that the Seller or the manufacturer described or that the Buyer expected with regard to the nature of the goods and based on the advertising carried out by them;
• the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used;
• is the thing in the corresponding quantity, measure or weight; and
• the matter complies with the requirements of legal regulations.
If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt, unless otherwise stated, but this does not apply to:
• for an item sold at a lower price due to a defect for which a lower price was agreed;
• for the wear and tear of the thing caused by its usual use;
• in the case of a used item, a defect corresponding to the degree of use or wear and tear the item had when it was taken over by the Buyer; or
• if it follows from the nature of the matter.
The consumer takes note of the fact that if gifts are provided together with the goods, it is possible to exercise the right against defects within 24 months only for the goods sold, but not for gifts provided together with the goods. In the case of these gifts, the consumer may exercise rights from defective performance only within 14 days from the day of receipt of the goods. The entrepreneur is not entitled to exercise rights from defective performance for gifts.
Individual deadlines are regulated in more detail in the Complaints Regulations.
For the Buyer entrepreneur, the period for exercising rights from defective performance may be regulated differently, if this is explicitly stated for the given type of goods, the period thus stated takes precedence.
The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the item that the item had a defect, or if the Buyer himself caused the defect.
If the item has a defect for which the Seller is liable, and if it is an item sold at a lower price or a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.
5. Material breach of contract
If a defect occurs within the specified period and if the defective performance is a material breach of the contract, the Buyer has the right to:
• to remove the defect by delivering a new item without a defect or by supplying a missing item, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge;
• to remove the defect by repairing the item;
• for a reasonable discount from the purchase price; or
• withdraw from the contract
The Buyer shall inform the Seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable. If the Seller does not remove the defects within a reasonable period of time or if he informs the Buyer that he will not remove the defects, the Buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
If the Buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract - see below.
The buyer-consumer has the right to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as in the event that the Seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the consumer .
6. Minor breach of contract
If defective performance is a minor breach of contract, the Buyer has the right to have the defect removed, or to receive a reasonable discount from the purchase price.
As long as the Buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the Seller at his option by repairing the item or delivering a new item.
If the Seller does not remove the item's defect in time or refuses to remove the item's defect, the Buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the Buyer without the consent of the Seller.
7. Breach of contract in general
The Buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair (third complaint of the same defect) or for a larger number of defects (at least 3 defects at the same time). In such a case, the Buyer - consumer also has the right to withdraw from the contract.
Upon delivery of a new item, the Buyer shall return the originally delivered item (including all supplied accessories) to the Seller at its expense.
If the Buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
8. Quality Guarantee
As a quality guarantee, the Seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item.
The warranty period runs from the delivery of the item to the Buyer; if the item was shipped according to the contract, it runs from the time the item is delivered to the destination. If the purchased item is to be put into operation by someone other than the Seller, the warranty period starts only from the day the item is put into operation, if the Buyer ordered the commissioning from the Seller together with the item or at the latest within three weeks of taking over the item and properly and timely provided for implementation services the necessary cooperation.
The Buyer has no right from the warranty if the defect was caused by an external event after the risk of damage to the goods has passed to the Buyer.
9. Use of Electronic Content
The buyer is entitled to use all electronic works exclusively for his personal use, and not for the purpose of achieving direct or indirect economic or commercial benefit, unless otherwise stated in the license terms. The buyer is not entitled to copy the purchased electronic content, nor reproduce it in any other way, take descriptions, clippings from it and otherwise deal with it in violation of copyright, other legal regulations and/or the license conditions of the given product. Access to the electronic content may be denied or the license may be deactivated if the electronic content was obtained as a result of illegal activity by the Buyer.
IV. Withdrawal from the contract
1. Withdrawal from the contract by the Buyer-consumer
The consumer has the right to withdraw from the contract within fourteen days. The period according to the first sentence runs from the date of conclusion of the contract and if it is about
• purchase contract, from the day of acceptance of the goods;
• a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods; or
• a contract, the subject of which is the regular repeated delivery of goods, from the date of acceptance of the first delivery of goods.
The seller allows the consumer to withdraw by filling in and sending a sample form for withdrawing from the contract on the website
If the Buyer-consumer withdraws from the contract, he shall send or hand over to the Seller, without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from the Seller, at his own expense.
The goods should be returned by the Buyer-consumer complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received.
If it is a consumer product, then the contract can only be withdrawn if the Buyer-consumer delivers the product undamaged and unused in its original packaging.
The buyer-consumer is liable to the Seller only for the reduction in the value of the goods that occurred as a result of handling the goods in a different way than it is necessary to handle them with regard to their nature and characteristics.
If the Buyer-consumer withdraws from the contract, the Seller shall return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds received from him under the contract in the same manner. If the Seller is entitled to compensation for the reduction in the value of the goods, this will be offset against the Buyer's claim for the refund of the purchase price.
If the Buyer-consumer withdraws from the contract, the Seller is not obliged to return the received funds to the consumer before the Buyer-consumer hands over the goods to her or proves that he has sent the goods to the Seller. The buying consumer is obliged to return the goods to the Seller without undue delay after withdrawing from the contract, but within 14 days at the latest.
The buyer-consumer acknowledges the fact that if gifts are provided with the goods, a gift contract is concluded between the Seller and the Buyer with the condition that if the right to withdraw from the purchase contract is used within 14 days, the gift contract becomes ineffective and the Buyer-consumer together with the returned goods, he is obliged to return the related gifts, including everything with which he was enriched. If these are not returned, these values will be understood as unjust enrichment of the Buyer-Consumer. If the release of the subject of unjustified enrichment is not possible, the Seller has the right to monetary compensation in the amount of the usual price. In case of withdrawal from the gift contract, the purchase contract does not expire and the contracts are assessed separately from this point of view.
2. Withdrawal from the contract by the Seller in the event of an error in the price of the goods
Apart from the cases provided by law, the Seller is entitled to withdraw from the contract in the event of an obvious error in the price of the goods.
It is possible to withdraw from the contract according to this point within 14 days from the day following the date of conclusion of the purchase contract between the Buyer and the seller, by the seller canceling the order to the Buyer or letting him know in another way that he is withdrawing from the contract.
If the Buyer has paid at least part of the purchase price of the goods, this amount will be transferred back to his bank account no later than 14 days from the day following the date of withdrawal from the contract by the Seller.
V. Information security and protection
Regarding the protection and processing of the Buyer's personal data by the Seller, these Personal Data Protection Terms apply.
All prices are negotiable. In the online e-shop www.jimot.cz there are always up-to-date and valid prices in the basic Czech currency (CZK) from which other currencies are derived, recalculated according to the current exchange rate, with the exception of cases where an incorrect price is indicated, see the provisions below in this article.
The prices listed for individual products are final, i.e. including VAT, or all other taxes and fees that the Buyer must pay in order to obtain the goods, however, this does not apply to any fees for transport, cash on delivery and costs for communication by remote means, which are only indicated within the so-called shopping basket, and the amount of which depends on the choice The buyer.
However, the buyer takes into account that the final prices for the products are given after rounding to whole crowns in accordance with the relevant legal regulations, so in specific situations there may be a slight deviation in the final sum of all purchased products from the stated purchase price, this is given precisely due to rounding to whole crowns. Detailed breakdown of the purchase price, incl. pennies, is always listed in the Buyer's basket.
The original price (typically depicted on the website as crossed out as part of the information about the discount) means the lowest price for the last 30 days before the discount, for which the subject goods/service/license (hereinafter referred to as "Goods") was offered by the Seller on its e-shop. The calculation of the original price does not take into account individual price discounts and price discounts that are not included directly in the current selling price of the given Goods. The original price calculated in this way remains valid even if the Goods are discounted several times over a shorter time horizon, but for a maximum period of 90 days.
The Buyer acknowledges that there may be cases where a contract between the Seller and the Buyer is not concluded, especially in the event that the Buyer orders goods or related services (transportation, extended warranty insurance, etc.) at a price published by mistake as a result of an internal error information system of the Seller. In such a case, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order, of which the Seller informs the Buyer without undue delay. Examples of when an erroneously published price may occur are in particular the following:
The Seller reserves the right to declare the purchase contract invalid if there has been misuse of, among other things, personal data, ID/TIN data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.
In addition, the Seller reserves the right to declare the purchase contract invalid if there is unauthorized use of a discount or similar voucher in violation of its terms, especially in cases where:
• the discount voucher is used for goods other than those for which it was intended;
• the discount voucher is used in conjunction with another discount, even though the addition of these discounts was not expressly prohibited;
• the discount voucher is used for a purchase that does not reach the minimum set price;
• The seller discovers that the discount voucher has already been used.
The Buyer acknowledges that in the mentioned cases the purchase contract cannot be validly formed and at the same time the Buyer acknowledges that the Seller is entitled to demand, among other things, unjustified enrichment.
You can order in the following ways:
via the jimot.cz electronic store (hereinafter referred to as the "e-shop");
by e-mail at firstname.lastname@example.org
The buyer will be informed about the expected delivery time of the ordered goods via e-mail. The length of delivery of the ordered goods and the shipping price depends on the shipping method that the Buyer chooses in the second step of the order within his basket. The Buyer acknowledges that the estimated delivery time may change depending on the logistics options of the Seller and/or its carriers, of which the Seller will inform the Buyer immediately.
VII. Payment Terms
The seller accepts these payment methods. The specific conditions of using the payment method are described in the "Transport and payment" section.
The goods remain in the possession of the Seller until full payment of the purchase price, but the risk of damage to the goods passes when the Buyer takes over the goods.
The Buyer's invoicing data cannot be changed after the order has been sent.
The Seller reserves the right to offer the Buyer only selected payment methods at its own discretion.
If the Buyer withdraws from the concluded contract with the Seller or if funds are returned to the Buyer for another reason, the Seller will return the funds received from him on the basis of the contract to the Buyer in the same manner. The Buyer is responsible for the correctness of the data for the return of funds, which he will communicate to the Seller in the event that it is not possible to return the funds in the same way as the payment for the order was made, or in the event that y The Seller, at its own discretion, will comply with the Buyer's request to change the method of refund.
VII. Terms of delivery
1. Methods of delivery
The seller ensures or mediates various methods of delivery/transport according to the current availability of individual services and with regard to capacity and driving range. In case of force majeure or information system failure, the Seller is not responsible for delayed delivery of goods.
All the offered modes of transport, their current conditions and prices can be found in the "Transport and payment" section.
2. Other conditions
The buyer is obliged to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) together with the carrier immediately upon receiving the goods. The buyer is entitled to refuse acceptance of a shipment that is not in accordance with the purchase contract because the shipment is, for example, incomplete or damaged. If the Buyer takes over the shipment damaged in this way from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
An incomplete or damaged shipment must be reported immediately by e-mail to email@example.com, a damage report must be drawn up with the carrier and sent to the Seller by e-mail or post without undue delay. An additional claim of incompleteness or external damage to the shipment does not deprive the Buyer of the right to claim the item, but it gives the Seller the opportunity to prove that it is not a violation of the purchase contract.
IX Warranty conditions
The warranty conditions for the goods are governed by the Seller's Complaints Regulations and the relevant legal regulations of the Czech Republic. A proof of purchase is usually used as a warranty certificate (for details, see the Complaints Regulations).
X. Final Provisions
Relationships and any disputes that arise on the basis of the contract will be resolved exclusively according to the law of the Czech Republic and will be resolved by the relevant courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
Any disputes between the Seller and the Buyer can also be resolved out of court. In such a case, the Buyer - consumer can contact the subject of out-of-court dispute resolution, which is, for example, the Czech Trade Inspection, or resolve the dispute online through the dedicated ODR platform.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's needs, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.
These General Terms and Conditions, including their parts, are valid and effective from 1 January 2023 and cancel the previous version of the General Terms and Conditions, including their parts.