Společnosti Jabor pro s.r.o.
with registered office in Děčín II-Nové Město, Folknářská 1246/21,
IN: 40231259, TIN: CZ40231259, registered in the Commercial Register at the Regional Court in Ústí nad Labem under file No. C 1421,
Bank account No.: 578148431/0100, held at KB Děčín
IBAN: CZ 25 0100 0000 0005 7814 8431, SWIFT:KOMBCZPP.
Tel.: (+420) 732193430
Tel: (+420) 731220995
(hereinafter referred to as the “Seller”).
1. These General Terms and Conditions of Business (hereinafter referred to as “GTC”) regulate contractual relations in which the Seller acts within the scope of its business activity as a seller of goods on the one hand and the Buyer (hereinafter referred to as “Customer”) on the other hand.
2. In cases in which the Seller acts as a seller of goods to individual customers according to their requirements at the price and under the terms and conditions specified for a particular offer of goods, these GTC shall apply in relation to the respective purchase contract, unless otherwise agreed between the parties.3. Právní vztahy výslovně neupravené těmito VOP se řídí příslušnými ustanoveními zák. č. 89/2012 Sb., občanský zákoník v platném a účinném znění a zák. č. 634/1992 Sb., o ochraně spotřebitele, v platném znění, jakož i předpisy souvisejícími.
3. Legal relations not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code as amended and in force, and Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as related regulations.
4. A consumer customer is a person who, when concluding and performing a contract, does not act within the scope of his business activity or within the scope of his independent exercise of his profession.
5. Customer – entrepreneur means a legal or natural person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so on a continuous basis for profit.
1. By placing an order for goods with the Seller, the Customer confirms that he/she has read these GTC, the terms and conditions of the ordered goods and confirms that he/she agrees to them, in the version of the GTC valid and effective at the time of sending the order.
2. For the purposes of this Article of the GTC, placing an order means placing an order by delivering a written order to the Seller’s registered office address, by placing an order in person at the Seller’s premises, or by sending an email order to the Seller’s contact email email@example.com
3. By ordering goods offered by the Seller, the Customer does not acquire any rights to use registered trademarks, trade names, company logos or patents of the Seller or other third parties, unless otherwise agreed in a specific case by a specific contract.
4. The Customer’s order, after its confirmation as a concluded contract between the Customer and the Seller, is archived for the period required by the relevant legislation for the purpose of its fulfilment and further recording and its status is accessible to the Customer.
5. Information on the individual technical steps leading to the conclusion of the contract is apparent from these GTC, where the process is described. The customer has the opportunity to check the order and, if necessary, correct it before actually sending the order. These GTC are available to customers under the appropriate tab on the website, the form of their publication allows the customer-consumer to archive and reproduce them.
1. If the customer is a consumer, the proposal to conclude a purchase contract is the placement of the type of goods offered on the website. The contract is formed when the customer sends the order and the seller accepts the order. In the case of an order via email, the Seller shall immediately confirm the acceptance to the Customer by an informative email to the email provided by the Customer, but this confirmation shall not affect the formation of the contract. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds.
2. The costs for the use of remote means of communication (telephone, internet, etc.) for the execution of the order shall be borne separately by the parties at the normal rate depending on the tariff of the telecommunication services used by the parties.
1. If the customer is an entrepreneur, the proposal for the conclusion of the purchase contract is the order for goods sent by the customer – entrepreneur and the contract is concluded at the moment of receipt of the binding consent of the seller to the customer – entrepreneur.
1. The Seller’s offer always includes the current and valid prices of the goods in Czech crowns, excluding the applicable VAT, except for the transport fee, which is set out in these GTC and confirmed by the Customer during the order process. The information about goods, services and their prices provided by the Seller is binding, except for obvious errors.
2. The Customer shall have the opportunity to review the total price, including applicable VAT and all other charges, before placing an order. The total price will be indicated in the order and in the message confirming receipt of the order. In the case of a time-limited offer, the customer shall have the opportunity to find out how long the offer or price remains valid before placing the order.
1. If the contract was concluded by means of distance communication (distance method), the customer – consumer has the right to withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery of goods.
2. The customer shall send or hand over the withdrawal to the seller within 14 days of receipt of the goods. The customer does not have to state the reason for which he withdraws from the contract.
3. If the customer decides to exercise the right to withdraw from the contract, he shall send or hand over the goods to the seller without undue delay, but not later than 14 days after withdrawal from the contract.
4. A sample online withdrawal form is available at: www.vakyjabor.cz.
5. Except where withdrawal is expressly provided for, the customer-consumer cannot withdraw from the following distance contracts in particular:
• the delivery of goods whose price depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
• the supply of goods which have been adapted to the consumer’s wishes or to his person,
6. The goods shall be returned by the customer-consumer complete, with full documentation, undamaged, clean, including, if possible, the original packaging, in the condition and value in which the goods were received. The consumer shall be liable to the seller for any diminution in the value of the goods resulting from handling the goods in a manner different from that which is necessary in view of their nature and characteristics. The direct costs associated with the return of the goods shall be borne by the customer – consumer.
7. The price for the returned goods, including related payments, will be refunded to the customer – consumer without undue delay, but no later than 14 days from the date of withdrawal from the contract. The Seller shall not be obliged to return the received funds before the goods are returned to him by the Customer or proof of their proper dispatch. The money will be refunded via the same means of payment used by the customer-consumer for the initial transaction, unless the customer-consumer has expressly indicated otherwise.
8. If the customer decides to withdraw within the specified period, in order to speed up the processing of the withdrawal, it is recommended to deliver to the address of the seller, together with the withdrawal, a cover letter stating the reason for withdrawal (however, this is not an obligation of the customer), with the order number and the bank account number indicated or indicating whether the refunded funds will be withdrawn in cash or whether they will be used for further purchases.
1. If the customer is an entrepreneur, the relevant provisions of the legislation on claims for rights arising from defective performance shall apply.
2. The Seller informs the customer who is an entrepreneur that the customer may be offered an agreement to terminate the contract depending on the condition of the returned performance, the loss of warranty and the current price of the returned goods.
3. The condition of the goods will in any case be assessed by the seller. In the event that there is no agreement between the parties on the return of the performance, the seller reserves the right to return the goods to the customer’s address at the customer’s expense. In this case, the seller is entitled to charge the customer for any additional costs incurred.
1. The provisions of this article of the GTC shall apply to the exercise of the right of defects of goods acquired by the customer on the basis of the purchase contract concluded between the customer and the seller.
2. The customer’s right of defective performance is based on the defect that the item has when the risk of damage passes to the customer, even if it becomes apparent later. In the case of dispatch of goods, the moment of transfer of risk occurs when the goods are handed over to the first carrier. If the customer is a consumer, the moment of transfer of risk does not occur until the goods are handed over to the customer. The customer shall examine the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity.
3. If the defective performance is a material breach of contract, the customer has the right to:
• to remedy the defect by delivery of a new item without defect or by delivery of the missing item,
• to remedy the defect by repairing the item,
• a reasonable discount on the purchase price, or
• withdraw from the contract.
The customer shall notify the seller of his/her chosen right when notifying the defect or without undue delay after notification of the defect. The customer may not change the choice made without the seller; this does not apply if the customer 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 customer that he will not remedy the defects, the customer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the customer does not exercise his right in time, he shall have the same rights as in the case of a non-substantial breach of contract.
4. If the defective performance is an insubstantial breach of contract, the customer has the right to:
• to remedy the defect; or
• a reasonable discount on the purchase price.
As long as the customer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the customer. If the seller fails or refuses to remedy the defect in a timely manner, the customer may demand a reduction in the purchase price or may withdraw from the contract. The customer cannot change the choice made without the seller’s consent. If the customer does not notify the defect in time, he loses the right to withdraw from the contract.
5. By guaranteeing the quality, the seller undertakes that the item will be fit for its usual purpose or retain its usual characteristics for a certain period of time. The indication of the guarantee period or the shelf life of the goods on the packaging or in the advertising shall also have these effects. A guarantee may also be given for an individual part of the item. The warranty period begins when the item is handed over to the customer. The seller shall have obligations arising from defective performance at least to the same extent as the manufacturer’s obligations arising from defective performance.
6. At the request of the consumer, the seller is obliged to provide the customer-consumer with a written confirmation of the defective performance obligations to the extent provided by law (“warranty certificate”). If the nature of the item so permits, it shall be sufficient to issue the customer-consumer with a proof of purchase of the item containing data (invoice) instead of the warranty certificate, which must contain the same data as the warranty certificate. Where a warranty longer than the statutory warranty is provided, the seller shall specify the conditions and extent of the extension of the warranty in the warranty certificate.
7. For used goods, the seller is not liable for defects corresponding to the level of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the customer shall be entitled to a reasonable discount instead of the right to exchange.
8. The seller is liable to the customer-consumer that the item is free from defects upon receipt. In particular, the seller is liable for the fact that at the time the customer-consumer took over the item:
• the goods have the characteristics agreed between the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or expected by the customer-consumer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the item is fit for the purpose for which the seller states it is to be used or for which an item of that kind is usually used,
• the item corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
• the item is in the appropriate quantity, measure or weight; and
• the item complies with the requirements of generally applicable law.
9. The customer-consumer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four (24) months of receipt of the goods. This does not apply in the case of goods sold at a lower price to a defect for which a lower price was agreed:
• wear and tear caused by normal use,
• in the case of a used item, for a defect corresponding to the degree of use or wear and tear which the item had when it was taken over by the customer-consumer; or
• where the nature of the item so requires.
If the defect manifests itself within six months of receipt, the item shall be deemed to have been defective upon receipt.
10. If the item does not have the characteristics required above, the customer-consumer may also demand the delivery of a new item without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the item, the customer-consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract.
11. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, the customer-consumer has the right to have the defect removed free of charge.
12. The customer-consumer has the right to have a new item delivered or a part replaced even in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the customer-consumer also has the right to withdraw from the contract.
13. If the customer-consumer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he/she may demand a reasonable discount. The customer-consumer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the seller fails to remedy the defect within a reasonable period of time or if it would cause the customer-consumer considerable difficulties to remedy the defect.
14. The customer-consumer is not entitled to the right of defective delivery if the customer-consumer knew before taking over the item that the item is defective or if the customer-consumer caused the defect.
1. The customer is obliged to file a claim with the seller or the person designated for repair in the warranty certificate without undue delay after the discovery of the defect. The customer shall do so in writing at the Seller’s registered office or electronically at the following email address: www.vakyjabor.cz, stating his/her contact details, description of the defect and request for the method of handling the claim.
2. The customer is obliged to provide proof of purchase of the goods. The time limit for the settlement of the claim starts from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transportation and should be clean and complete.
3. The Seller’s authorised officer shall decide on the complaint without delay, but within three working days at the latest. This time limit does not include the time reasonable according to the type of production or service required for a professional assessment of the defect.
4. The complaint shall be settled within 30 days of its submission at the latest, unless the parties agree in writing to a longer period. After the expiry of this period, the customer shall have the same rights as if it were a material breach of contract.
5. The Seller shall confirm to the Customer – Consumer in writing the date of exercising the right of defective performance, the content of the claim and the method of handling the claim requested by the Customer. The Seller shall provide the Customer-Consumer with a written confirmation of the date, time and manner of settlement of the claim, including any justification for the rejection of the claim, as well as the repair and the duration of the repair.
1. The Seller accepts the following methods of payment:
• Cash on delivery: the customer pays cash to the carrier upon receipt of the shipment.
• Invoice in advance: the customer pays to the seller’s account the amount corresponding to the price of the order and indicates the corresponding variable symbol to identify the payment, all the data necessary for the payment of the invoice in advance are displayed to the customer after the order is sent in the online store. In the case of payment by advance invoice, the customer shall provide this information at his own expense.
• Due invoice: the registered customer can pay on an invoice with an agreed due date in agreement with the seller. The date of payment / payment of the invoice means the date the payment is credited to the seller’s account.• Hotovost u prodávajícího: zákazník platí v hotovosti na adrese prodávajícího v případě osobního odběru zboží.
• Cash at Seller’s address: the customer pays in cash at the Seller’s address in case of personal collection of goods.
1. The goods shall be delivered by the carrier or by the Seller to the delivery address specified by the Customer in the order. Delivery is normally made by the carrier on the next working day after dispatch of the goods between 8:00 am and 6:00 pm. The time required to dispatch the goods and hand them over to the carrier is always indicated in the description of the goods. On average, however, it ranges from 3 to 5 days after confirmation and payment of the order.
2. The customer is obliged to accept the ordered goods. If he fails to do so, the Seller will demand reimbursement of the shipping costs. Any re-shipment of the goods shall be resolved by telephone or other appropriate contact with the Seller.
3. When taking delivery of the goods delivered by the carrier, the customer is obliged to check the information on the delivery note, to inspect the delivered goods immediately after receipt and to inform the seller of any defects without undue delay. By signing the delivery note, the customer confirms the external integrity of the shipment upon delivery. The external integrity of the consignment upon receipt is a prerequisite for the goods not to be damaged during transport. If the information given on the delivery note does not correspond to the reality, the original packaging of the goods is damaged or the original tape on the packaging is damaged, the customer shall indicate this fact in a note on the carrier’s delivery note, or the customer has the right to refuse the delivery as a whole.
4. The customer is also obliged to subsequently check the material contents of the shipment according to the enclosed delivery note. Differences in the contents of the consignment compared to the delivery note shall be indicated by the customer on the delivery note or its attachment “Differences compared to the delivery note” and this fact shall be confirmed by the carrier’s signature. If the carrier refuses to acknowledge the difference, the customer has the right to refuse the delivery as a whole.
5. An incomplete or damaged shipment must be reported immediately by e-mail to the Seller, a damage report must be drawn up with the carrier and sent to the Seller by fax, e-mail or post without undue delay.
6. When taking delivery of goods over 15 thousand. CZK (excluding VAT) is free of charge shipping within the Czech Republic.
7. When buying goods worth less than 15 thousand CZK. CZK (VAT excluded), the price of transport is according to the tariffs of the public carrier
1. The customer agrees that the personal data provided will be processed and stored by the seller in accordance with the Personal Data Protection Act No. 101/2000 Coll., as amended, for the purpose of fulfilling the subject of the contract. The Customer gives the Seller his/her consent to the collection and processing of such personal data for the purpose of fulfilling the subject of the concluded contract and for the use for marketing purposes of the Seller (especially for sending commercial communications), until the Customer expresses his/her disagreement with such processing in writing sent to the Seller’s address. The customer has the right to be informed what data the seller records about him and is entitled to change this data or to object to its processing in writing. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection.
2. Relations and any disputes arising under the contract shall be resolved exclusively in accordance with the applicable law of the Czech Republic and shall be settled by the courts of the Czech Republic.
3. The Seller is entitled to mark its products with the company logo 10 x 5 cm.
4. In the event of any conflict between these GTC and the individual contract concluded between the Seller and the Customer, the relevant provisions of the individual contract shall apply.
5. Contracts under these GTC are concluded in the Czech language. If a translation of the text of the contract is created for the customer, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
6. These General Terms and Conditions are valid and effective from July 1, 2016. The Seller reserves the right to change these GTC without prior notice.