Terms and conditions

I. Basic provisions

These General Terms and Conditions (hereinafter referred to as "GTC") govern the relations between the contracting parties to the purchase contract, where on the one hand

Ing. Roman Schmock, Heydukova 1868/26, 412 01 Litoměřice, Company ID: 02520206,

registered on January 6, 2014 in the Trade Register at the Municipal Office in Litoměřice (hereinafter referred to as the "Seller") and on the other hand is the buyer (hereinafter referred to as the "Buyer").

Definition of terms

The buyer is a consumer or a businessman.

A consumer buyer, or simply a consumer, is a person who, unlike the seller, is not acting within the scope of their business activities or the independent exercise of their profession when concluding and performing the contract.

An entrepreneur is a person who independently carries out gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. An entrepreneur is considered, among other things, for the purposes of consumer protection, any person who concludes contracts related to his own commercial, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur. For the purposes of the GTC, an entrepreneur is understood to be a person who acts in accordance with the previous sentence within the framework of his business activity. If the Buyer states his identification number in the order, then he acknowledges that he is considered an entrepreneur in the contractual relationship and the rules specified in the GTC for entrepreneurs apply to him.

By placing an order, the Buyer confirms that he has read these GTC before concluding the contract, an integral part of which is the Notice before concluding the contract for Consumer Buyers contained in Article II of the GTC, the Complaints Procedure, the Personal Data Protection Conditions and the Transport Methods document, and that he expressly agrees with them, in the wording valid and effective at the time of placing the order.

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 an invoice containing the basic contract details together with the purchased item or as an electronic document to the specified e-mail address, with which the Buyer agrees.

II. Pre-contractual information for consumer buyers

The Seller informs the Consumer Buyer that:

  • the costs of means of distance communication do not differ from the basic rate (in the case of internet and telephone connections according to the 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 the performance from the Seller, or the obligation to pay an advance or similar payment relates to the Buyer's requirements for the provision of specific services, if required and provided;
  • The prices of goods and services on the Jimot.cz website are stated including VAT, including all fees stipulated by law, however, the costs of delivering goods or services vary depending on the selected method and transport provider and the method of payment for the order;
  • The consumer buyer has the right to withdraw from the contract (unless otherwise stated below), within a period of fourteen days, which applies in the case of
  • the purchase contract, from the date of receipt of the goods;
  • a contract whose subject matter is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods;

This withdrawal must be sent to the registered office address, to the e-mail address, or communicated via telephone,

  • The consumer buyer cannot withdraw from the contract:
  • o the provision of services that the Seller provided with the prior express consent of the consumer before the expiration of the withdrawal period;
  • on the delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the Seller's will and which may occur during the withdrawal period;
  • on the delivery of goods that have been customized according to the consumer's wishes or for his person;
  • on repairs or maintenance carried out at a location designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested;
  • on the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons;
  • for the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the consumer's prior express consent before the expiry of the withdrawal period, the Seller emphasizes that in the case of the delivery of digital content delivered online, such a contract cannot be withdrawn.
  • in the event of withdrawal from the contract, the Buyer-Consumer bears the costs associated with returning the goods and, if the contract is concluded via a means of distance communication, the costs of returning the goods if the goods cannot be returned by regular mail due to their nature;
  • the consumer has an obligation to pay a proportional part of the price in the event of withdrawal from a contract whose subject is the provision of services and whose performance has already begun;
  • The consumer can file a complaint via the contact form, or can contact the supervisory or state supervisory authority with a complaint.
  • In the case of a pre-order of goods by the Buyer, the price of such goods is only preliminary. The resulting price of the goods may therefore differ. The Seller will inform the Buyer of any price change. The purchase price of the goods will be determined only after the goods are in stock. Any difference between the paid preliminary price and the purchase price will be refunded by the Seller or paid by the Buyer before the goods are delivered, unless the Buyer decides to cancel the pre-order. The Seller reserves the right to change the delivery date for goods that can be pre-ordered, 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 relied at the time the Buyer pre-ordered the goods change to the 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 email address is info .

III. Treaty

1. Conclusion of the contract

The order is created when the Buyer places the selected goods, service or electronic content in the basket and sends the order. The Seller may assist the Buyer in concluding the contract, either directly or by telephone or e-mail order. Before the Buyer confirms the order, he may change both the requested performance in the basket, the method of delivery and the method of payment. The Buyer is obliged to check all the data that he has entered/selected when creating the order. The purchase contract is concluded by the Seller's confirmation of the order created by the Buyer; the Seller is not responsible for any errors in data transmission. The Seller shall immediately confirm the conclusion of the contract to the Buyer by means of an informative e-mail to the e-mail address provided by the Buyer.

The confirmation is accompanied by the current version of the GTC, including the Complaints Procedure. The resulting contract (including the agreed price) may be amended or cancelled only by agreement of the parties or on legal grounds, unless otherwise stated in the GTC.

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 pursuant to Article IV, point 1. of the GTC.

The concluded contract is archived by the Seller for at least five years from its conclusion, but not 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 about the individual technical steps leading to the conclusion of the contract is evident from these GTC, where this process is clearly described.

2. Delivery of the purchased item

By the purchase agreement, the Seller undertakes to deliver the item that is the subject of the purchase to the Buyer and to enable him to acquire ownership rights/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 upon full payment of the purchase price. This rule applies similarly to the purchase of a service.

The Seller shall deliver the item to the Buyer, as well as the documents relating to the item, and shall enable the Buyer to acquire ownership of the item/license in accordance with the contract.

The Seller will fulfill the obligation to hand over the item to the Buyer if it allows the Buyer to handle the item at the place of performance and notifies the Buyer of this in a timely manner.

If the Seller has 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 allowing the Buyer to exercise the rights under the transport contract against the carrier. The Seller will hand over the item to the Buyer - consumer at the moment the carrier hands over the item to him.

If the subject of the purchase is digital content, the subject of the purchase is considered to have been delivered at the moment 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 points out that the link to download the digital content is valid only for a period of 50 days. The Buyer is therefore obliged to download the digital content within this period.

If the Seller delivers a larger quantity of goods than agreed, the purchase contract is concluded for the excess quantity, unless the Buyer rejects it without undue delay.

The Seller shall deliver to the Buyer the object of purchase in the agreed quantity, quality and design.

If it is not agreed how the item is to be packaged, the Seller will package the item according to custom; if not, then in a manner necessary for the preservation and protection of the item. The Seller will prepare the item for transport in the same manner.

3. Transfer of risk of damage

A thing is defective if it does not have the agreed properties. The performance of another thing and defects in the documents necessary for the use of the thing are also considered to be defects.

The Buyer shall inspect the item as soon as possible after receipt and ascertain its properties and quantity. He shall be obliged to inform the Seller of any defects and deficiencies found without undue delay.

The risk of damage passes to the Buyer upon acceptance of the item. The same applies if the Buyer does not accept the item even though the Seller has allowed him to dispose of it.

Damage to property arising 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 item, the other party has the right to sell the item in an appropriate manner, after prior notice, at the expense of the party delaying the item, after having given the seller an additional reasonable period for taking over. This also applies if the party delays making the payment on which the handover of the item is conditional.

4. Seller's Liability

The Seller is responsible to the Buyer that the item is free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the item,

  • the item has the properties agreed upon by the parties, or, in the absence of such an agreement, that it has the properties described by the Seller or the manufacturer or that the Buyer expected with regard to the nature of the goods and on the basis of their advertising;
  • the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used;
  • is the thing in the appropriate 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 defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt, unless otherwise stated, but this does not apply to:

  • in the case of an item sold at a lower price due to a defect for which the lower price was agreed;
  • for wear and tear of the item caused by its normal use;
  • in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when it was taken over by the Buyer; or
  • if it follows from the nature of the matter.

The consumer acknowledges that if gifts are provided together with the goods, it is possible to exercise the right of defect within 24 months only for the goods sold, but not for gifts provided together with the goods. For these gifts, the consumer may exercise the rights of defective performance only within 14 days from the date of receipt of the goods. The entrepreneur is not entitled to exercise the rights of defective performance for gifts.

Individual deadlines are regulated in more detail in the Complaints Procedure.

For the Buyer, the deadline for exercising rights arising from defective performance may be regulated differently, if this is explicitly stated for the given type of goods, the deadline thus stated takes precedence.

The Buyer does not have the right to defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.

If the item has a defect for which the Seller is liable, and if the item is sold at a lower price or is 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 constitutes a material breach of contract, the Buyer has the right:

  • to remove the defect by delivering a new item without a defect or by delivering the missing item, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only request the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is unreasonable given the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge;
  • to eliminate the defect by repairing the item;
  • for a reasonable discount on the purchase price; or
  • to withdraw from the contract

The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller's consent; this shall not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that it will not remedy the defects, the Buyer may request a reasonable discount on the purchase price instead of remedying the defect or may withdraw from the contract.

If the Buyer does not exercise his right in time, he has the same rights as in the case of a non-material 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 a part of it or repair the item, as well as if the Seller does not remedy the problem within a reasonable time or if remedying the problem would cause the consumer significant difficulties.

6. Minor breach of contract

If the defective performance is a minor breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. The Seller may remove other defects at its discretion by repairing the item or delivering a new item.

If the Seller fails to remedy the defect in a timely manner or refuses to remedy the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller's consent.

7. Breach of contract in general

The Buyer has the right to have a new item delivered or a part replaced even in the event of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair (third complaint of the same defect) or due to a larger number of defects (at least 3 defects simultaneously). In such a case, the Buyer - consumer also has the right to withdraw from the contract.

When delivering a new item, the Buyer shall return the item originally delivered to the Seller at the Seller's expense (including all supplied accessories).

If the Buyer has not notified the defect without undue delay after he could have discovered it during a timely inspection and with sufficient care, the court will not grant him the right to claim for defective performance. If it is a hidden defect, the same applies if the defect has not been notified without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after the handover of the item.

8. Quality guarantee

By means of a quality guarantee, the Seller undertakes that the item will be suitable for use for its usual purpose for a certain period of time or that it will retain its usual properties. The indication of the warranty period or the shelf life of the item on the packaging or in advertising also has these effects. The guarantee may also be provided for an individual part of the item.

The warranty period starts from the handover of the item to the Buyer; if the item was shipped according to the contract, it starts from the arrival of the item at the destination. If the purchased item is to be put into operation by someone other than the Seller, the warranty period starts from the date of putting the item into operation, if the Buyer ordered the putting into operation from the Seller together with the item or no later than three weeks after taking over the item and provided the necessary cooperation to perform the service properly and in a timely manner.

The Buyer has no right under the warranty if the defect was caused by an external event after the risk of damage to the item passed to the Buyer.

9. Use of electronic content

The Buyer is entitled to use all electronic works exclusively for his/her 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, or reproduce it in any other way, make copies, clippings from it and otherwise deal with it in violation of copyright, other legal regulations and/or the license terms 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 the Buyer's illegal activity.

10. Use of vouchers in violation of the terms and conditions

If you use a discount or similar voucher in violation of its terms and conditions, we may declare such a contract invalid on the basis of the conditions described below. A contract may be declared invalid if there has been unauthorized use of a discount or similar voucher in violation of its terms and conditions. Such unauthorized use may be

  • using a voucher for goods for which it is not intended,
  • the voucher was used for a purchase that does not reach the minimum specified voucher price
  • we find out that the discount voucher has already been used.

Unless otherwise stated, it is not possible to combine individual vouchers.

IV. Withdrawal from the contract

1. Withdrawal from the contract by the Consumer Buyer

The consumer has the right to withdraw from the contract within a period of fourteen days. The period according to the first sentence runs from the date of conclusion of the contract and, in the case of

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

The seller allows the consumer to withdraw by completing and sending the sample withdrawal form on the website.

If the Buyer, the 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 Buyer-Consumer should return the goods 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 concerns consumer goods, then the contract can only be withdrawn if the Buyer delivers the goods undamaged and unused in the original packaging.

The consumer buyer is liable to the Seller only for any reduction in the value of the goods that occurred as a result of handling the goods in a manner other than that which is necessary given their nature and properties.

If the Consumer Buyer 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 shall be set off against the Consumer Buyer's claim for the refund of the purchase price.

If the Consumer Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Consumer before the Consumer Buyer hands over the goods to her or proves that he has sent the goods to the Seller. The Consumer Buyer is obliged to return the goods to the Seller without undue delay after withdrawal from the contract, but no later than within 14 days.

The Consumer Buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded on the condition that if the right to withdraw from the purchase contract is exercised within 14 days, the gift contract shall cease to be effective and the Consumer Buyer is obliged to return the gifts provided together with the returned goods, including everything that he has enriched himself with. If these are not returned, these values will be understood as unjust enrichment of the Consumer Buyer. If the return of the object of unjust enrichment is not possible, the Seller has the right to monetary compensation in the amount of the usual price. In the event of withdrawal from the gift contract, the purchase contract shall not expire and the contracts shall be 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

Except in cases stipulated by law, the Seller is entitled to withdraw from the contract in the event of an obvious error in the price of the goods.

Withdrawal from the contract pursuant to this point is possible 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 or otherwise informing the Buyer 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. Security and information protection

These Personal Data Protection Terms and Conditions apply to the protection and processing of the Buyer's personal data by the Seller.

VI. Awards

All prices are contractual. In the online e-shop www.jimot.cz, there are always current and valid prices in the basic Czech currency (CZK) from which other currencies are derived and converted according to the current exchange rate, except in cases where an incorrect price is stated, see the provisions below in this article.

The prices listed for individual products are final, i.e. including VAT and all other taxes and fees that the Buyer must pay to obtain the goods, but this does not apply to any fees for shipping, cash on delivery and costs of distance communication, which are only listed within the so-called shopping cart, and the amount of which depends on the Buyer's choice.

However, the Buyer acknowledges that the final prices of the products are given after rounding to whole crowns in accordance with the relevant legal regulations, so in specific situations the final sum of all purchased products may slightly deviate from the purchase price stated in this way, this is due to rounding to whole crowns. A detailed breakdown of the purchase price, including pennies, is always given in the Buyer's basket.

The original price (typically shown on the website as crossed out in the context of the discount information) means the lowest price for the last 30 days before the discount, at which the Seller offered the relevant goods/services/licenses (hereinafter referred to as the “Goods”) 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 Goods. The original price calculated in this way remains valid even if the Goods are discounted several times in 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, in particular if the Buyer orders goods or related services (transport, extended warranty insurance, etc.) at a price published in error due to an error in the Seller's internal information system. 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 shall inform the Buyer without undue delay.

The Seller reserves the right to declare the purchase contract invalid if, among other things, personal data, ID/DIC data, payment card misuse, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.

Furthermore, 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, in particular 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 above cases the purchase contract cannot be validly concluded and at the same time the Buyer acknowledges that the Seller is entitled to demand, among other things, unjust enrichment.

VII. Ordering

You can order in the following ways:

through the e-shop jimot.cz (hereinafter referred to as the "e-shop");

by e-mail at informace@jimot.cz

by phone.

The Buyer will be informed of the estimated delivery time of the ordered goods via e-mail. The delivery time of the ordered goods and the shipping price depend on the shipping method chosen by the Buyer in the second step of the order within their cart. The Buyer acknowledges that the estimated delivery time may change depending on the logistical capabilities 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 for using the payment method are described in the "Shipping and Payment" section.

The goods remain the property of the Seller until the purchase price is paid in full, but the risk of damage to the goods passes upon receipt of the goods by the Buyer.

The Buyer's billing information 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.

Refund

If the Buyer withdraws from the contract concluded with the Seller or if the Buyer's funds are returned for another reason, the Seller will return to the Buyer the funds received from him under the contract in the same manner. The Buyer is responsible for the accuracy of the data for the return of funds, which he communicates to the Seller in the event that it is not possible to return the funds in the same manner as the payment for the order was made, or in the event that the Seller, at its own discretion, complies with the Buyer's request to change the method of return of funds.

VII. Delivery conditions

1. Delivery methods

The Seller provides or mediates various methods of delivery/transportation according to the current availability of individual services and with regard to capacity and range options. In the event of force majeure or information system failure, the Seller is not responsible for delayed delivery of goods.

You can find all offered shipping methods, their current conditions and prices in the "Shipping and payment" section.

2. Other conditions

The Buyer is obliged to immediately check the condition of the shipment with the carrier upon receipt of the goods (number of packages, integrity of the tape with the company logo, damage to the box). The Buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, for example because the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.

Incomplete or damaged shipments must be reported immediately by e-mail to informace@jimot.cz, 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 complaint about incompleteness or external damage to the shipment does not deprive the Buyer of the right to complain, but it gives the Seller the opportunity to prove that this is not a breach of the purchase contract.

IX. Warranty conditions

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the relevant legal regulations of the Czech Republic. The proof of purchase usually serves as a warranty certificate (for details, see the Complaints Procedure).

X. Final provisions

Relations and any disputes arising under the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent 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 an out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online via a designated ODR platform.

The contract is concluded in the Czech language. If a translation of the contract text is made for the buyer's needs, in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language shall apply.

These General Terms and Conditions, including their parts, are valid and effective from December 1, 2024 and cancel the previous version of the GTC, including its parts.