Terms and Conditions
Version 2, 2021
The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between seller ("Seller"), and the purchaser (“Purchaser”).
Seller is Robert Čížek, living at Ke Škole 443, 252 10 Mníšek pod Brdy, Czech Republic, VAT number CZ06890806.
Purchaser is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Seller.
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of Seller cannot be used by the Purchaser by virtue of having purchased the products offered by Seller, unless a specific agreement individually provides otherwise.
II. Pre-Contractual Representations and Warranties
Seller represents and warrants that:
- The cost of distance communication is subject to no additional fees (Seller charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in case of contractual deliveries).
- The Purchaser is required to pay the purchase price before accepting the goods from Seller or make an advance or similar payment for specific services if the same are offered by Seller and requested by the Purchaser.
- Seller enters into no ongoing contracts. If such contracts are facilitated by Seller, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times 7 days if such price is constant).
- Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term.
- The prices for goods and services displayed on the website operated by Seller are quoted incl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
Purchasers-consumers can and may withdraw from the agreement
(unless otherwise stipulated below) within a period of 14 days commencing on the day of:
- receiving the goods (purchase agreements)
- receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
- receiving the first delivery (ongoing contracts)
The consumer cannot withdraw from an agreement for the:
- provision of services performed by Seller with previous explicit consent of the consumer prior to the expiration of the period of notice;
- delivery of goods/services offered for the price affected by deviations in the financial market beyond Seller control with a potential to occur during the period of notice
- delivery of goods adjusted as per the requirements/for the needs of the consumer
- repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
- delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken
- transport or leisure services provided by an entrepreneur within a defined period; and
- delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby Seller underlines that an agreement for the delivery of an on-line content cannot be withdrawn).
- The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
- The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
- The agreements (respective invoices) are saved in the electronic archive accessible by the registered Seller's users directly from their user account.
- Any complaints can be made by completing the contact form or reported to the supervisory/state supervision authorities.
- In case of pre-orders the price of such goods is only estimated.
- The final price may vary. Seller will inform the Purchaser about any price change. The purchase price of the goods will be determined after the goods will be stored at the warehouse of Seller. Any difference between the estimated price and the purchase price will be refunded by Seller or the Purchaser will pay the difference prior to the delivery of the goods unless the Purchaser decides to cancel the pre-order. Seller reserves the right to change the delivery date for pre-ordered goods.
- In the event of a substantial change in the delivery date (i.e 14 days), the Purchaser has the right to withdraw from the pre-order. Should the circumstances, Seller had considered at the time of the pre-order, change to the extent that Seller cannot be reasonably required to be bound by the pre-order, Seller has the right to cancel the pre-order without further notice and subsequently inform the Purchaser.
- For enquiries, our contact email address is firstname.lastname@example.org however, Seller recommends contacting us via the contact form here
The Purchaser acknowledges that the goods to be claimed under the warranty are to be delivered to the Czech Republic by the Purchaser.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Seller and in particular by adding the requested product (goods, services, digital content) to the cart. The Purchaser may as well enter into the agreement with the assistance of Seller customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. When adding the product to the cart, the Purchaser is recommended additional related services selected by Seller as per their popularity with other customers; the recommended services can be removed from by the Purchaser from the cart before the transaction is completed. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Seller whereby Seller assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation email letter sent by Seller to the email address provided by the Purchaser.
The executed agreement is archived by Seller for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.
Under the purchase agreement, Seller undertakes to deliver the product to the Purchaser, provide the digital content/licence to the Purchaser and enable the Purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the product/digital content from and pay the purchase price to Seller.
As Seller reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (Seller)
Seller guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Seller guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
- The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Seller or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
- The product can be used for the purposes stated by Seller or for the purposes for which the product of that kind is usually used.
- The product is provided in the corresponding quantity, measurement or weight.
- The product complies with the requirements stipulated by law.
If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt The Consumer may and can claim faulty gifts only within 14 days of their receipt. The purchaser or enterpreneur cannot claim faulty gifts.
The warranty period for purchasers-entrepreneurs may be different; the different warranty period, however, applies only if explicitly stated.
Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the product or if the defect in question was caused by the Purchaser.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
5. Material Breach
1. Digital Content
In using the digital content (including software, PC, gaming console, etc.) purchased from Seller, the Purchaser is to comply with the obligations stipulated herein, copyright law and product licence (e.g. personal user licence). Purchasers failing to comply therewith are liable to damages and may face criminal consequences.
Purchasers of the digital content (being private individuals only) may and can use the digital content exclusively for their personal use and for the purposes other than economic or business benefit, whether direct or indirect, unless the licence states otherwise. The Purchasers further cannot copy or otherwise reproduce, make copies of or extracts from and otherwise handle the purchased digital content contrary to copyright law, other legal regulations or product licence. Access to the digital content may be denied and/or the licence deactivated if the digital content has been obtained illegally.
This same applies also to the digital content given by Seller to the Purchaser free of charge.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
Furthermore, Seller reserves the right to declare the purchase agreement void in case of misuse of promo code or similar product in case of breach of its terms and conditions, especially, but not only, when:
- The promo code is meant for another type of goods;
- The promo code can be used on the website in connection with another sale or promo code when this use was not permitted or was forbidden;
- The promo code is used for a purchase, which does not meet the minimal stated price.
- Seller discovers that the promo code has already been used.
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
The “original price” refers to the price for which the goods/services/licences in question were originally offered in Seller’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts; the latter being at all times displayed alongside the selling price, which better reflects the product’s market price level.
The Purchaser acknowledges that Seller and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal Seller system error of which the Purchaser is informed by Seller.
Seller reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by Seller. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:
- a. in the e-shop operated by Seller (e-shop)
Information about the exact shipping time is included in the email letter sent to the Purchaser.
Seller accepts the following for methods of payment
- wire transfer;
Unless paid in full and received, the goods remain the property of Seller.
Once the order is placed, the billing details of the Purchaser cannot be edited.
Seller reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.
Seller delivers the goods either in co-operation with a shipping company or electronically (digital content).
In case of force majeure or IT system disruption, Seller assumes no liability for late delivery of goods.
Information about the offered options, up-to-date terms and conditions and prices is available at nocheto.sallyx.org.
Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
To prevent damage/legitimisation of proceeds of crime (if any), Seller or Seller’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Seller or Seller’s contractual partners to be collected.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to email@example.com and the damage be described in the report on damage executed with the shipping company representatives and sent to Seller by fax, email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable Seller to prove that the same do not represent a conflict with the purchase agreement.
3. Competitions and Giveaways
Items given away in competitions organised by Seller must be collected within 30 calendar days after the competition results have been published by Seller. Items not collected within the said time limit will be forfeited for the benefit of the organiser.
The warranty terms and conditions are governed by relevant law.
These General Business Terms and Conditions and parts hereto come into force and effect on 10 February 2021, repealing the previous versions.