I. General Provisions
These General Terms and Conditions (hereinafter referred to as "GTC") govern the relationship between the parties to a purchase agreement, where on one side is
Ing. Roman Schmock, Heydukova 1868/26, 412 01 Litoměřice, Company ID: 02520206,
registered on 6.1.2014 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").
Definition of Terms
The Buyer is a consumer or an entrepreneur.
A consumer buyer, or simply a consumer, is a person who, unlike the seller, does not act within their business activity or the independent performance of their profession when concluding and fulfilling the contract.
An entrepreneur is a person who independently carries out a profitable activity on their own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. For the purposes of consumer protection, every person who enters into contracts related to their own business, manufacturing, or similar activity, or in the performance of their profession, or a person acting on behalf of or for an entrepreneur, is also considered an entrepreneur. For the purposes of the GTC, an entrepreneur is understood as someone who acts in accordance with the preceding sentence within their business activity. If the Buyer provides their identification number in the order, they acknowledge that they are considered an entrepreneur in the contractual relationship and the rules for entrepreneurs stated in the GTC apply to them.
By creating an order, the Buyer confirms that they have familiarised themselves with these GTC before concluding the contract, which form an integral part of the Pre-contractual Information for Consumer Buyers contained in Article II of the GTC, the Complaints Procedure, the Personal Data Protection Policy, and the Shipping Methods document, and that they expressly agree to them in the version valid and effective at the time of creating the order.
The Buyer will receive a copy of the GTC as an attachment to the order confirmation at the provided email address. The Buyer will receive an invoice containing the basic contract details together with the purchased item, or electronically at the provided email address, to which the Buyer agrees.
II. Pre-contractual Information for Consumer Buyers
The Seller informs the Consumer Buyer that:
- the costs of remote communication methods do not differ from the basic rate (in the case of internet and telephone connections according to the Buyer's operator's terms; the Seller does not charge any additional fees, this does not apply to contractual transport);
- payment of the purchase price is required before the Buyer takes over the performance from the Seller, or the obligation to pay a deposit or similar payment applies to the Buyer's requests for specific services, if they are requested and provided;
- the prices of goods and services on Jimot.cz are stated including VAT, including all legally mandated fees. However, the costs of delivering goods or services vary depending on the chosen method and provider of transport and the method of payment for the order;
- the Consumer Buyer has the right to withdraw from the contract (unless stated otherwise below), within fourteen days, which runs, in the case of:
- a purchase contract, from the day of receiving the goods;
- a contract for the supply of several types of goods or the delivery of several parts, from the day of receiving the last delivery of goods;
and this withdrawal must be sent to the registered office address: Heydukova 1868/26, 412 01 Litoměřice, to the email address: informace@jimot.cz, or communicated by phone. The Seller's contact email address is informace@jimot.cz.
- the Consumer Buyer cannot withdraw from the contract:
- for the provision of services, which the Seller has provided with the prior express consent of the consumer before the expiry of the withdrawal period;
- for the supply of goods or services whose price depends on fluctuations in the financial market, which are beyond the Seller's control and which may occur during the withdrawal period;
- for the supply of goods that have been modified according to the consumer's wishes or for their person;
- for repair or maintenance carried out at the consumer's place of residence at their request; however, this does not apply to the subsequent performance of repairs other than those requested or the supply of spare parts other than those requested;
- for the supply of goods in sealed packaging, which the consumer has removed from the packaging and which cannot be returned for hygienic reasons;
- for the supply of digital content, if it has not been delivered on a tangible medium and has been delivered with the prior express consent of the consumer before the expiry of the withdrawal period, and the Seller has provided the consumer with confirmation of the concluded contract in accordance with the law before concluding the contract.
- in the event of withdrawal from the contract, the Consumer Buyer bears the costs associated with returning the goods, and in the case of a contract concluded remotely, the costs of returning the goods if they cannot be returned by ordinary post due to their nature;
- the consumer has the obligation to pay a proportionate part of the price in the event of withdrawal from a contract for the provision of services, the performance of which has already begun;
- the consumer can file a complaint via the contact form, or can address a complaint to the supervisory authority or state supervisory body.
- in the case of a pre-order of goods by the Buyer, the price of such goods is only preliminary. The final 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 stocked. Any difference between the preliminary price paid and the purchase price will be refunded by the Seller or paid by 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 based the pre-order at the time of the Buyer's pre-order change to such an extent that it is not reasonably possible to require the Seller to be bound by the pre-order, the Seller has the right to cancel the pre-order without further ado and subsequently inform the Buyer.
- its contact email address is information.
III. Contract
1. Conclusion of Contract
An order is created at the moment the Buyer places the selected goods, services, or electronic content into the shopping cart and sends the order. The Seller may assist the Buyer in concluding the contract, either directly, by phone, or via email order. Before the Buyer definitively confirms the order, they can change the requested performance in the cart, as well as the method of transport and payment. The Buyer is obliged to check all the data they have 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 will confirm the conclusion of the contract to the Buyer without delay by an informative email to the email address provided by the Buyer.
The current wording of the GTC, including the Complaints Procedure, is attached to the confirmation. The concluded contract (including the agreed price) can only be changed or cancelled by agreement of the parties or on legal grounds, unless otherwise stated in the GTC.
If any gift is provided with the goods and the Buyer does not use it, the Buyer is obliged to contact the Seller in advance and inform them that they are not interested in the gift. In such a case, the goods will be sold to the Buyer without this gift. If the Buyer does not do so and accepts this gift, the Buyer is obliged to return the gift in case of withdrawal from the contract according to Article IV, point 1 of the GTC.
The concluded contract is archived by the Seller for a period of at least five years from its conclusion, but no longer than the period according to applicable legal regulations, for the purpose of its successful fulfillment and is not accessible to third unrelated 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 Subject of Purchase
By the purchase contract, the Seller undertakes to hand over the item that is the subject of the purchase to the Buyer and to enable the Buyer to acquire ownership/licence to it, and the Buyer undertakes to take over the item/digital content and pay the purchase price to the Seller.
The Seller reserves ownership of the item, and therefore the Buyer becomes the owner only upon full payment of the purchase price. This rule applies similarly in the case of purchasing a service.
The Seller shall 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/licence in accordance with the contract.
The Seller fulfills the obligation to hand over the item to the Buyer by allowing the Buyer to dispose of the item at the place of performance and by timely notification.
If the Seller is to send the item, the Seller shall hand over the item to the Buyer-entrepreneur by handing it over to the first carrier for transport for the Buyer and shall enable the Buyer to assert rights from the transport contract against the carrier. The Seller shall hand over the item to the Buyer-consumer at the moment the carrier hands over the item to them.
If the subject of purchase is digital content, the subject of purchase is considered handed over at the moment the Seller delivers an email message with a download link to the Buyer or makes the download link available in their user profile. The Seller points out that the download link for digital content is valid only for 50 days. The Buyer is therefore obliged to download the digital content within this period.
If the Seller delivers a larger quantity of items than agreed, the purchase contract is also concluded for the excess quantity, unless the Buyer refuses it without undue delay.
The Seller shall hand over the subject of purchase to the Buyer in the agreed quantity, quality, and design.
If it is not agreed how the item should be packed, the Seller shall pack the item according to custom; if not, then in a manner necessary for its preservation and protection. The Seller shall pack the item for transport in the same way.
3. Transfer of Risk of Damage
An item is defective if it does not have the agreed properties. The supply of a different item and defects in the documents necessary for the use of the item are also considered defects.
The Buyer shall inspect the item as soon as possible after receipt and ascertain its properties and quantity. The Buyer is obliged to inform the Seller of any discovered defects and shortcomings without undue delay.
The risk of damage passes to the Buyer upon receipt of the item. The same consequence occurs if the Buyer does not take over the item, even though the Seller has enabled them to dispose of it.
Damage to the item that occurs after the risk of damage has passed to the Buyer does not affect their obligation to pay the purchase price, unless the Seller caused the damage by breaching their obligation.
If a party is in default with the takeover of the item, the other party has the right to sell the item in a suitable manner at the expense of the defaulting party after prior notice, once an additional reasonable period for takeover has been granted to the defaulting party. This also applies if a party is in default with payment, which is a condition for the handover of the item.
4. Seller's Liability
The Seller is liable to the Buyer that the item has no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the item:
- the item has the properties that the parties agreed upon; if there is no such agreement, that it has the properties that the Seller or manufacturer described or that the Buyer expected given the nature of the goods and based on the advertising carried out by them;
- the item is suitable for the purpose for which the Seller states it is used or for which items of this kind are usually used;
- the item is in the appropriate quantity, measure, or weight; and
- the item complies with the requirements of legal regulations.
If a defect manifests itself within six months of receipt, it is presumed that the item was defective upon receipt. The Buyer is entitled to exercise rights for a defect that occurs in consumer goods within twenty-four months of receipt, unless otherwise stated, but this does not apply to:
- a defect for which a lower price was agreed upon for an item sold at a lower price;
- wear and tear of the item caused by its normal use;
- a defect corresponding to the degree of use or wear that the item had at the time of the Buyer's receipt, for a used item; or
- if it follows from the nature of the item.
The consumer acknowledges that if gifts are provided together with the goods, the right to claim for defects can only be exercised for the sold goods within 24 months, but not for the gifts provided together with the goods. For these gifts, the consumer may only exercise rights for defective performance within 14 days of receiving the goods. An entrepreneur is not entitled to exercise rights for defective performance for gifts.
Individual deadlines are further regulated by the Complaints Procedure.
For a Buyer-entrepreneur, the period for exercising rights for defective performance may be adjusted differently if it is explicitly stated for the given type of goods; such stated period takes precedence.
The Buyer is not entitled to rights for defective performance if the Buyer knew that the item had a defect before taking it over, or if the Buyer caused the defect themselves.
If the item has a defect for which the Seller is liable, and it is an item sold at a lower price or a used item, the Buyer has the right to an appropriate discount instead of the right to exchange the item.
5. Rights of Defective Performance for Consumers:
If the item has a defect, the Consumer Buyer may request its removal. According to their choice, they may request the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other.
The Consumer Buyer may request an appropriate discount or withdraw from the contract if:
- the Seller refuses to remove the defect or has not removed it within a reasonable time.
- the defect occurs repeatedly.
- the defect is a substantial breach of contract.
- it is evident from the Seller's statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer.
6. Quality Guarantee
By a quality guarantee, the Seller undertakes that the item will be fit for its usual purpose for a certain period or will retain its usual properties. The indication of the warranty period or the period of usability of the item on the packaging or in advertising also has these effects. A guarantee may also be provided for an individual component of the item.
The warranty period runs from the handover of the item to the Buyer; if the item was sent according to the contract, it runs from the arrival of the item at its destination. If someone other than the Seller is to put the purchased item into operation, the warranty period runs from the day the item is put into operation, provided that the Buyer ordered the commissioning from the Seller together with the item or no later than three weeks after receiving the item and duly and timely provided the necessary cooperation for the service.
The Buyer does not have the right to warranty if an external event caused the defect after the risk of damage to the item passed to the Buyer.
7. Use of Electronic Content
The Buyer is authorised to use all electronic works exclusively for their personal needs, 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 authorised to copy purchased electronic content, nor to reproduce it in any other way, make copies, excerpts, or otherwise deal with it in violation of copyright, other legal regulations, and/or the license terms of the given product. Access to 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.
8. Use of Vouchers Contrary to Terms
If you use a discount or similar voucher contrary to its terms, we may declare such a contract invalid based on the conditions described below. A contract may be declared invalid if a discount or similar voucher has been used unlawfully contrary to its terms. Such unlawful use may include:
- using the voucher for goods for which it is not intended,
- the voucher was used for a purchase that does not meet the minimum specified price for the voucher,
- we find that the discount voucher has already been used.
Unless otherwise specified, individual vouchers cannot be combined.
IV. Withdrawal from Contract
1. Withdrawal from Contract by Consumer Buyer
The consumer has the right to withdraw from the contract within fourteen days. The period referred to in the first sentence runs from the date of conclusion of the contract and, in the case of:
- a purchase contract, from the day of receiving the goods;
- a contract for the supply of several types of goods or the delivery of several parts, from the day of receiving the last delivery of goods; or
- a contract for the regular repeated delivery of goods, from the day of receiving the first delivery of goods.
The Seller allows the consumer to withdraw by filling out and sending the model withdrawal form on the website.
If the Consumer Buyer withdraws from the contract, they shall send or hand over the goods received from the Seller to the Seller without undue delay, no later than fourteen days from the withdrawal from the contract, at their own expense.
The Consumer Buyer should return the goods complete, i.e., including all supplied accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received.
The Consumer Buyer is liable to the Seller for the reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to ascertain their nature and properties (i.e., in a manner that would be used to inspect the goods in a brick-and-mortar store).
The Consumer Buyer is liable to the Seller only for the reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to ascertain their nature and properties.
If the Consumer Buyer withdraws from the contract, the Seller shall refund all monetary funds received from them under the contract without undue delay, no later than fourteen days from the withdrawal from 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 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 refund the received monetary funds to the consumer before the Consumer Buyer hands over the goods or proves that they have 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 that if gifts are provided with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the right to withdraw from the purchase contract is exercised within the 14-day period, the gift agreement becomes ineffective, and the Consumer Buyer is obliged to return the related provided gifts, including everything they have benefited from, along with the returned goods. If these are not returned, these values will be considered unjust enrichment of the Consumer Buyer. If the return of the item of unjust enrichment is not possible, the Seller has the right to monetary compensation in the amount of the usual price. In the case of withdrawal from the gift agreement, the purchase contract does not cease to be valid, and the contracts are assessed separately from this perspective.
2. Seller's Withdrawal from Contract in Case of Error in Goods Price
In addition to cases provided by law, the Seller is entitled to withdraw from the contract in case of an obvious error in the price of the goods.
Withdrawal from the contract under this point is possible within 14 days from the day following the day of conclusion of the purchase contract between the Buyer and the Seller, by the Seller cancelling the order for the Buyer or otherwise indicating their withdrawal 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 their bank account no later than 14 days from the day following the day of withdrawal from the contract by the Seller.
V. Security and Information Protection
Regarding the protection and processing of the Buyer's personal data by the Seller, these Personal Data Protection Terms and Conditions shall apply.
VI. Prices
All prices are contractual. In the online e-shop www.jimot.cz, the prices are always current and valid 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 provision 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 to obtain the goods. However, this does not apply to potential fees for shipping, cash on delivery, and costs of remote communication, which are listed only within the shopping cart and whose amount depends on the Buyer's choice.
However, the Buyer acknowledges that the final prices for products are stated after rounding to whole crowns in accordance with applicable legal regulations. In specific situations, there may be a slight deviation from the stated purchase price in the final sum of all purchased products due to rounding to whole crowns. A detailed breakdown of the purchase price, including hellers, is always shown in the Buyer's cart.
The original price (typically displayed on the website as crossed out when informing about a discount) means the lowest price in the last 30 days before the discount at which the Seller offered the relevant goods/services/licence (hereinafter referred to as "Goods") on their e-shop. Individual price advantages and price advantages that are not directly included in the current selling price of the Goods are not taken into account in the calculation of the original price. The original price calculated in this way remains valid even if the Goods are discounted several times in a shorter period, but for a maximum of 90 days.
The Buyer acknowledges that cases may arise where a contract is not concluded between the Seller and the Buyer, particularly in cases where the Buyer orders goods or related services (transport, extended warranty insurance, etc.) at a price published by mistake 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 email confirming their order, of which the Seller will inform the Buyer without undue delay.
The Seller reserves the right to declare the purchase contract invalid if, among other things, personal data, company ID/tax ID data, credit card misuse, etc., has been misused, or due to intervention by an administrative or judicial body. The Buyer will be informed of such a procedure.
Furthermore, the Seller reserves the right to declare the purchase contract invalid if a discount or similar voucher is used unlawfully contrary to its terms, particularly 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 combination of these discounts was not expressly prohibited;
- the discount voucher is used for a purchase that does not meet the minimum specified price;
- the Seller finds that the discount voucher has already been used.
The Buyer acknowledges that in the aforementioned cases, a purchase contract cannot be validly formed, and the Buyer also acknowledges that the Seller is entitled to claim, among other things, unjust enrichment.
VII. Ordering
Orders can be placed in the following ways:
via the e-shop jimot.cz (hereinafter referred to as the "e-shop");
by email to the address informace@jimot.cz;
by phone.
The Buyer will be informed about the estimated delivery time of the ordered goods via email. The delivery time of the ordered goods and the shipping cost depend on the shipping method chosen by the Buyer in the second step of the order within their shopping 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 promptly.
VIII. Payment Terms
The Seller accepts the following payment methods. Specific terms of use for each payment method are described in the "Shipping and Payment" section.
The goods remain the property of the Seller until full payment of the purchase price, but the risk of damage to the goods passes to the Buyer upon receipt of the goods.
The Buyer's billing details cannot be changed after the order has been sent.
The Seller reserves the right to offer the Buyer only selected payment methods at its sole discretion.
Refunds
If the Buyer withdraws from a concluded contract with the Seller, or if monetary funds are to be refunded to the Buyer for any other reason, the Seller shall refund the monetary funds received from them under the contract in the same manner. The Buyer is responsible for the correctness of the data for refunding monetary funds provided to the Seller in cases where it is not possible to refund the monetary funds in the same way as the payment for the order was made, or in cases where the Seller, at its sole discretion, agrees to the Buyer's request to change the refund method.
IX. Delivery Terms
1. Delivery Methods
The Seller arranges or mediates various delivery/transport methods according to the current availability of individual services and considering capacity and reachability. In case of force majeure or failure of the information system, the Seller is not responsible for delayed delivery of goods.
All offered transport methods, their current conditions, and prices can be found in the "Shipping and Payment" section.
2. Other Conditions
The Buyer is obliged to check the condition of the shipment immediately upon receipt of the goods together with the carrier (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 is not in conformity with the purchase contract, e.g., if it is incomplete or damaged. If the Buyer accepts such a damaged shipment 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 email to informace@jimot.cz, a damage report must be drawn up with the carrier, and this must be sent to the Seller by email or post without undue delay. A subsequent complaint about the incompleteness or external damage to the shipment does not deprive the Buyer of the right to complain about the item, but it gives the Seller the opportunity to prove that it is not a breach of the purchase contract.
X. 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 card (details in the Complaints Procedure).
XI. Final Provisions
Relationships and any disputes arising from the contract will be resolved exclusively under 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 body, such as the Czech Trade Inspection Authority, or resolve the dispute online through the 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, it is stipulated that in case of dispute over the interpretation of terms, the interpretation of the contract in the Czech language shall prevail.
These General Terms and Conditions, including their components, are valid and effective from 18.7.2026 and supersede the previous version of the GTC, including its components.