Terms and Conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

CZV AIR BOOST s. r. o.

ID No.: 07453710

VAT No.: CZ07453710

Registered office: Řetenická 133, Újezdeček, 415 01, Czech Republic

Registered with the Regional Court in Ústí nad Labem, Section C, File 42324

Contact details:

Email:obchod@czvzduchotechnika.cz

Phone: +420 736 239 669

www.czvzt.cz

(hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of their business activities as a consumer or within the scope of their business activities (hereinafter referred to as the "Buyer") via a web interface located on a website available at www.czvzt.cz (hereinafter referred to as the "Online Store").

3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.

II. Information about goods and prices

1. Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. The prices of goods are listed including value added tax, all related fees, and costs for returning goods if, due to their nature, these goods cannot be returned by regular mail. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually negotiated terms.

2. All presentations of goods in the online store catalog are for informational purposes only, and the seller is not obligated to conclude a purchase agreement for these goods.

3. Information about the costs associated with packaging and delivery of goods is published in the online store.

4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

through their customer account, if they have previously registered in the online store,
by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.

4. Before sending the order, the buyer is allowed to check and change the information they have entered in the order. The buyer sends the order to the seller by clicking on the "SEND ORDER" button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded upon confirmation of the order by the seller to the buyer's email address.

6. If the seller is unable to fulfill any of the requirements specified in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft purchase contract, and in such a case, the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller at their email address specified in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of acceptance of the order by the seller. The buyer may cancel the order by calling the seller's phone number or sending an email to the seller's email address specified in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new draft purchase contract, and in such a case, the purchase contract is concluded upon confirmation of acceptance by the buyer to the seller's email address.

IV. Customer Account

1. Based on the buyer's registration in the online store, the buyer can access their customer account. The buyer can order goods from their customer account. The buyer can also order goods without registration.

2. When registering for a customer account and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The seller may cancel the user account, especially if the buyer no longer uses their user account or if the buyer violates their obligations under the purchase contract and these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

V. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:

by bank transfer to the seller's bank account, both held at FIO banka Teplice.
cashless payment by credit card
cashless transfer to the seller's account via a payment gateway
cash on delivery upon delivery of the goods
cash or credit card upon personal collection at the premises - only by prior agreement
cash or credit card upon personal collection at the parcel delivery point

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer (unless the goods are to be manufactured). If the goods are to be manufactured, the seller will send the customer a pro forma invoice by email.

7. In accordance with the law on sales records, the seller is obliged to issue a receipt to the buyer, which the seller sends by email. At the same time, the seller is obliged to register the received sales with the tax administrator online, or in the event of a technical failure, within 48 hours at the latest.

8. The goods are delivered to the buyer:

to the address specified by the buyer in the order
via a parcel delivery service to the address specified by the buyer
by personal collection at the seller's premises

9. The choice of delivery method is made when ordering the goods.

10. The costs of delivery of the goods, depending on the method of shipment and receipt of the goods, are specified in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If, according to 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 delivery of the goods upon delivery. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.

13. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside of their business activities as a consumer has the right to withdraw from the purchase contract.

2. The deadline for withdrawal from the contract is 14 days

from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. Among other things, the buyer cannot withdraw from the purchase contract:

the provision of services, if they were performed with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case the buyer does not have the right to withdraw from the contract,
the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
the delivery of alcoholic beverages, which may be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
the delivery of goods that have been modified according to the buyer's wishes or for his person,
the delivery of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery,
delivery of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygienic reasons,
delivery of audio or video recordings or computer programs, if their original packaging has been broken,
delivery of newspapers, periodicals, or magazines,
delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case the buyer does not have the right to withdraw from the contract,
in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.

7. If the buyer withdraws from the contract, the seller shall return to the buyer without delay, but no later than 14 days after withdrawal from the contract, all funds, including delivery costs, which it has received from the buyer, in the same manner. The seller shall return the funds received to the buyer in a different manner only if the buyer agrees to this and if this does not incur additional costs for the seller.

8. If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller shall refund the buyer the delivery costs in the amount corresponding to the cheapest delivery method offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.

10. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and, if possible, in their original packaging. The seller is entitled to unilaterally offset any claim for damages to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address provided in the order and shall return all funds, including delivery costs, received from the buyer under the contract within 14 days of notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.

12. The Buyer Entrepreneur does not have the right to withdraw from the contract without giving reasons.

VII. Rights arising from defective performance

1. The Seller is liable to the Buyer for the goods being free of defects upon delivery. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:

the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with legal requirements.

2. If a defect becomes apparent within six months of the buyer taking delivery of the goods, the goods are deemed to have been defective at the time of delivery. The buyer is entitled to exercise their rights arising from a defect that occurs in consumer goods within twenty-four months of delivery. This provision shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.

3. In the event of a defect, the buyer may submit a complaint to the seller and request:

replacement with new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

4. The buyer has the right to withdraw from the contract

if the goods have a substantial defect,
if they cannot be used properly due to the repeated occurrence of a defect or defects after repair,
if there are a large number of defects in the goods.
if the order is not issued to a company ID number

5. The seller is obliged to accept a complaint at any establishment where it is possible to accept complaints, or at their registered office or place of business. The seller is obliged to issue the buyer with written confirmation of when the buyer exercised their right, the content of the complaint and the method of handling the complaint requested by the buyer, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

6. The seller or an employee authorized by the seller shall decide on the complaint immediately, or within three working days in complex cases. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service. Complaints, including the removal of defects, must be dealt with without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered to be the moment when the buyer expresses their will (exercises their right arising from defective performance) to the seller.

7. The seller shall inform the buyer in writing of the outcome of the complaint.

8. The buyer is not entitled to the right arising from defective performance if the buyer knew before taking delivery of the item that it was defective, or if the buyer caused the defect themselves.

9. In the event of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiration of the warranty period.

10. The buyer may choose the method of complaint.

11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection.

12. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaint procedure.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other by e-mail.

2. The buyer shall deliver correspondence to the seller to the email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer to the email address specified in their customer account or in the order.

IX. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz, is competent to resolve consumer disputes arising from the purchase contract out of court. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

X. Final provisions

1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, in particular copyrights to the content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller's consent.

4. The seller is not liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could enable them or third parties to interfere with or use the software or other components of the online store without authorization, or to use the online store or parts thereof or software in a manner contrary to its intended purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. 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 validity of the previous version of the terms and conditions.

8. The Form for Withdrawal from the Contract is attached to the terms and conditions.

These terms and conditions come into effect on October 29, 2018.