Terms and Conditions
of the company
Axit CZ s.r.o.
 

branch Kladská 1513, 54701 Náchod, Identification No.: 27517772

registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 181454

for the sale of goods via the online shop located at the internet address www.axit.cz

1. These Terms and Conditions of Axit CZ s.r.o., Identification No.: 27517772 (registered office: Prague 4, Nusle, Doudlebská 1046/8), registered in the Commercial Register kept by the Municipal Court in Prague, File No. C 181454 (hereinafter the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at the internet address www.axit.cz, through the interface of the website (hereinafter the “Web Interface of the Shop”). The Seller also operates its business at the brick-and-mortar store at: Kladská 1513, 54701 Náchod (hereinafter the “Branch”).

2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent profession.

3. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech. The Purchase Contract may be concluded in Czech.

4. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the Terms and Conditions.

Conclusion of the Purchase Contract

1. All presentations of goods placed in the Web Interface of the Shop are for information only and the Seller is not obliged to conclude a Purchase Contract for such goods.
2. Information about goods and prices stated by the Seller is binding except for an obvious error. Prices are presented including all taxes (e.g. VAT) and fees, excluding the costs of delivery of the goods.
3. The prices of goods remain valid for the period during which they are displayed in the Web Interface of the Shop. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.
4. The Web Interface of the Shop also contains information on the costs associated with packaging and delivery of the goods.
5. To order goods, the Buyer fills in the order form.
6. Before sending the order to the Seller, the Buyer is enabled to check and change the data entered in the order, including the possibility to detect and correct errors made when entering data in the order. The Buyer sends the order to the Seller by clicking the “Submit Order” button. The data stated in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer without undue delay by email to the Buyer’s email address specified in the user account or in the order (hereinafter the “Buyer’s Email Address”).
7. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), to request the Buyer to provide additional confirmation of the order (for example in writing or by telephone).
8. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by email to the Buyer’s Email Address.
9. If the order is paid by payment card, via the PayPal payment system, or by bank transfer to the Seller’s account, the Buyer is not entitled to change or supplement the confirmed order. In such a case, the Buyer may add goods by placing a new order and requesting in writing that the Seller merge the two orders.
10. The order may be cancelled at the latest before receiving the order status message “being processed”. If a paid order is cancelled, the Seller shall refund the purchase price to the Buyer.
11. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer.
12. Any amount paid by the Buyer to the Seller before the conclusion of the Purchase Contract is considered a deposit. If the Purchase Contract is not concluded due to reasons on the Buyer’s side, the deposit is non-refundable.
     

Payment Terms

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller as follows:

• in cash on delivery at the place specified by the Buyer in the order;
• cashless by bank transfer to the Seller’s account;
• cashless by payment card and via the GoPay system;
• via the mallpay service. By using this method, you agree to the mallpay terms and conditions. Information on personal data processing;
• cashless by payment card at the brick-and-mortar store in Náchod;
• through a loan provided by Essox a.s.

1. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the delivery of the goods in the agreed amount. Packaging is not charged. Unless expressly stated otherwise, the purchase price shall also mean the costs associated with the delivery of the goods.
2. In the case of payment in cash or cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment by bank transfer, the purchase price is due within 7 days of the conclusion of the Purchase Contract. In the case of cashless payment by bank transfer, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
3. The Seller is a VAT payer. The Seller shall issue a tax document – invoice – to the Buyer after the price of the goods has been paid and shall send it together with the goods to the Buyer’s address.
    

WITHDRAWAL FROM THE PURCHASE CONTRACT

1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a Purchase Contract for the supply of goods that are subject to rapid deterioration, as well as goods which, after delivery, were irreversibly mixed with other goods, from a Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a Purchase Contract for the supply of an audio or video recording or a computer program if the original packaging has been breached.
2. Unless it is a case referred to in paragraph 1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of taking over the goods. The notice of withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the preceding sentence. The Buyer may send the notice of withdrawal, among other methods, to the Seller’s Branch address or to the Seller’s email address obchod@axit.cz. To facilitate communication, it is advisable to state the date of purchase or the invoice and order number, bank details and the chosen method of returning the goods in the notice of withdrawal.
3. In the event of withdrawal from the Purchase Contract pursuant to paragraph 2 of this provision of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot, by their nature, be returned by regular postal service.
4. In the event of withdrawal from the contract, the Seller shall return the monetary funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract, using the same method by which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, if the Buyer agrees to it and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.
5. No later than within fourteen (14) days, the Buyer is obliged to send or hand over the purchased goods to the Seller. The goods must be returned to the Seller (not by cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the Buyer. If the returned goods are damaged due to a breach of the Buyer’s obligations, the Seller is entitled to claim compensation for the reduction in the value of the goods against the Buyer and set it off against the amount to be refunded. A completed form must be attached to the returned goods; you can download the form on our website.
    

Transport and Delivery of Goods

1. If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
2. If the method of transport is agreed upon at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.
3. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the consignment, the Buyer is not obliged to accept the consignment from the carrier.
    

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. The Seller is liable to the Buyer that the goods are free from defects upon takeover.
2. The Buyer may, with the Seller, assert, no later than two years from the takeover of the goods and according to their request, a claim for free defect removal or an appropriate discount on the price. If the defect concerns only a component of the item, the Buyer’s claim may be asserted only in relation to that component.
3. The Seller is not obliged to satisfy the Buyer’s claim if the Seller proves that the Buyer knew about the defect in the goods before taking them over or that the Buyer caused the defect themselves.
   For used goods, the Seller is not liable for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed. Instead of the right to replacement, the Buyer is entitled in these cases to an appropriate discount.
4. The Seller is not liable for defects arising as a result of normal wear and tear or failure to follow the instructions for use.
    

Complaint Handling

1. The Buyer is obliged to lodge a complaint with the Seller without undue delay after discovering a deficiency. If the complaint is made in writing or electronically, the Buyer shall state their contact details, a description of the defect and the requested method of handling the complaint.
2. The Buyer asserts the rights arising from defective performance with the Seller at the address of the Seller’s Branch where the complaint can be accepted with regard to the assortment of goods sold.
3. The Buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The goods must be packed in suitable packaging during transport to prevent damage; they must be clean and complete.
4. The Seller shall handle the complaint, including the removal of the defect, without undue delay, but no later than 30 days from the date it is made, unless a longer period is agreed in writing with the Buyer.
    

Personal Data Protection

1. The Buyer agrees that the personal data provided will be processed and stored by the Seller in accordance with the Personal Data Protection Act (Act No. 101/2000 Coll.) for the purpose of performing the subject of the contract.
2. The Buyer agrees to the processing of the following personal data: first name and surname, home address, email address, telephone number (hereinafter collectively referred to as “Personal Data”).
3. The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Contract and for the purpose of maintaining the user account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data to the full extent under this Article is not a condition that would in itself prevent the conclusion of the Purchase Contract.
4. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their user account, when placing an order from the Web Interface of the Shop) and that they are obliged to inform the Seller without undue delay of any changes to their personal data.
5. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner.
6. The Buyer confirms that the personal data provided is accurate and that they have been instructed that the provision of personal data is voluntary.
7. The Buyer agrees to the sending of information relating to the goods, services or business of the Seller to the Buyer’s email address and further agrees to the sending of commercial communications by the Seller to the Buyer’s email address.
    

Out-of-Court Settlement of Consumer Disputes

1. In case of any discrepancies, please write to our email address obchod@axit.cz.
2. If a dispute between the Seller and the consumer cannot be resolved directly, based on Act No. 378/2015, which amends Act No. 634/1992 Coll., on Consumer Protection, the consumer also has the right to out-of-court settlement of consumer disputes.
3. The body for out-of-court settlement of consumer disputes (ADR) between a trader and a consumer is the Czech Trade Inspection Authority; see http://www.mpo.cz/dokument169867.html.
4. With the Czech Trade Inspection Authority, the consumer can submit a proposal via an online form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs.
5. The consumer may submit a proposal to the Czech Trade Inspection Authority or an authorised body no later than 1 year from the date on which they first exercised the right that is the subject of the dispute with the Seller.
6. The consumer may also submit a proposal via the EU online platform for out-of-court settlement of consumer disputes, available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. A proposal here may be submitted only by a consumer living in the EU against a trader established in the EU.
7. If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for the out-of-court settlement of consumer disputes have been violated in the course of the proceedings, they may lodge a complaint with the Ministry of Industry and Trade or at the email address adr@mpo.cz.
8. In the case of cross-border disputes, the European Consumer Centre Czech Republic helps consumers to access the competent body for the out-of-court settlement of consumer disputes.
9. The parties shall bear their own costs associated with the out-of-court settlement of consumer disputes.
    

FINAL PROVISIONS

1. Mutual disputes between the Seller and the Buyer shall be decided by the ordinary courts.
2. For the purposes of these Terms and Conditions, the Buyer means the consumer, i.e., a person who, unlike the Seller, does not act within the scope of their business activity or independent profession when concluding and fulfilling the contract.
3. For the purposes of these Terms and Conditions, the Seller means an entrepreneur who, unlike the Buyer, acts within the scope of their business activity or independent profession when concluding and fulfilling the contract.
4. The contract and related matters are governed by Czech law.
5. Other matters not specified herein are governed by the Civil Code (Act No. 89/2012 Coll.), the Consumer Protection Act (Act No. 634/1992 Coll.) and other legal regulations, as amended.
6. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the provision whose meaning is closest to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then no later than within 48 hours.

In Náchod on 31 December 2019