Terms and Conditions

Website operator, company headquarters:

Company: PK Technik s.r.o.
Registered office: Holeckova 799/99, 150 00, Prague 5
Identification number: 24200247
Tax identification number: CZ24200247, VAT payer
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188025, Jan 6, 2012

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Personal collection of goods is possible at our 3 branches

1) Central branch Prague West - Hrebec near Kladno:

PK Technik s.r.o.
Bustehradska 453
273 45 Hrebec
5km from Vaclav Havel Airport - direction Kladno 

info@pktechnik-trailers.com, +420 775 551 000

Opening hours: MON-FRI 8:00-12:00 / 13:00-17:00

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2) Branch Plzen - Chocenice:

PK Technik s.r.o.
Chocenice 151
336 01 Chocenice

plzen@pktechnik-trailers.com, +420 773 000 361  

Opening hours: MON-FRI 8:00-12:00 / 13:00-17:00 

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3) Branch Doksy - Ceska Lipa:

PK Technik s.r.o.
Jiraskova 912
47201 Doksy

doksy@pktechnik-trailers.com, +420 773 000 604

Opening hours: MON-FRI 8:00-12:00 / 13:00-17:00

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1. INTRODUCTORY PROVISIONS

1.1 These terms and conditions (hereinafter "terms and conditions") of the above-named seller (hereinafter "seller") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter "purchase agreement") concluded between the seller and another natural person (hereinafter "buyer"), including the seller's online store. The online store is operated by the seller on the website https://www.pktechnik-trailers.com (hereinafter "website"), through the website interface (hereinafter "web interface of the store").

1.2 Provisions deviating from the terms and conditions may be negotiated in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of the terms and conditions.

1.3 The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.

1.4 The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.

1.5 The provisions of the terms and conditions are an integral part of the purchase agreement. By sending an order, the buyer confirms that they have become familiar with these terms and conditions, as well as with the seller's complaints procedure, before concluding the purchase agreement and that they agree with them without reservation, in the version valid and effective at the moment of sending the order.

2. CONCLUSION OF THE PURCHASE AGREEMENT

2.1 All presentation of goods located in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase agreement regarding these goods. The provision of Section 1732, paragraph 2 of the Civil Code shall not apply.

2.2 The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase agreement under individually negotiated conditions.

2.3 Photography of the goods is for illustrative purposes only, which may also be strongly distorted by the display properties of the monitor. The appearance, dimensions, and color of the goods from the manufacturer may contain minor, non-essential differences compared to the presentation, which the seller is unable to influence.

2.4 The web interface of the store also contains information about the costs associated with payment, packaging, and delivery of goods.

2.5 To order goods, the buyer fills out the order form in the web interface of the store. The order form contains mainly information about:

1. a) the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
2. b) the method of payment of the purchase price of the goods, data on the required delivery method of the ordered goods, and
3. c) information about the costs associated with the delivery of goods (hereinafter collectively as the "order").

2.6 Before sending the order to the seller, the buyer is allowed to check and change the data they entered into the order, including the possibility to detect and correct errors made during data entry. The buyer sends the order by clicking the "Send order" button. The data provided in the order are considered correct by the seller. Immediately upon receiving the order, the seller will confirm this receipt to the buyer via email to the email address specified in the user interface or order (hereinafter "buyer's electronic address").

2.7 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

2.8 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 via email to the buyer's electronic address.

2.9 The buyer agrees to the use of distance communication means when concluding the purchase agreement. Costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer themselves, and these costs do not differ from the basic rate.

3. PRICE OF GOODS AND PAYMENT CONDITIONS

3.1 The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid to the seller by the following methods:

1. a) in cash upon receipt of the goods at the location specified by the buyer in the order
2. b) in cash at the seller's premises
3. c) by bank transfer to the seller's account specified in the header (hereinafter "seller's account"): when paying by this method, the buyer is charged costs proportional to the seller's costs associated with delivery according to the choice of transport and payment method in the order.
4. d) by payment card
5. e) through the GoPay portal

3.2 Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the 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.

3.3 The seller usually does not require a deposit or other similar payment from the buyer. This does not affect the provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance. The seller, however, reserves the right to request a reasonable deposit if the ordered goods are:

1. a) custom-made or customized
2. b) availability is marked other than "in stock"
3. c) it is a larger than usual quantity of one type of goods

3.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment (advance payment - proforma invoice), the purchase price is payable within 7 days of the conclusion of the purchase agreement.

3.5 In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

3.6 The seller is entitled, especially if there is no additional confirmation from the buyer, to demand payment of the entire purchase price before sending the goods to the buyer. Section 2119, paragraph 1 of the Civil Code shall not apply.

3.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

3.8 If it is customary in business or if stipulated by generally binding legal regulations, the seller will issue a tax document (invoice) regarding payments made under the purchase agreement. The seller is a value-added tax (VAT) payer. The tax document will be issued after the price of the goods has been paid and will be sent with the goods or in electronic form to the buyer's electronic address.

3.9 If the buyer is in default with taking over the goods, the seller is entitled, after demonstrably notifying the buyer and providing a new reasonable period for takeover, to sell the goods in a suitable manner after its expiry.
Storage costs in the amount of 1% of the purchase price of the goods per day and the costs of vain delivery of goods due to lack of cooperation on the part of the buyer in the necessary amount, the seller is entitled to offset against the proceeds of the sale against the buyer.

3.10 Carrying the goods to upper floors and assembly are not included in the purchase price and must be negotiated individually if necessary.

4. TRANSPORT AND DELIVERY OF GOODS

4.1 In the event that the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

4.2 If the seller is obliged under the purchase agreement to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

4.3 Upon receipt of the goods, the buyer is always obliged to check the integrity of the packaging of the goods and the completeness of the delivery and, in the event of any defects, to notify the carrier immediately. In the event of finding a breach of the packaging indicating unauthorized intrusion into the shipment, or finding a state of the goods that is in conflict with the above, the buyer undertakes not to accept the shipment from the carrier and to inform the seller immediately after such non-acceptance and its reasons.

4.4 Within one day of receipt of the goods, the buyer is always obliged to check:

1. a)  the integrity of the packaging of the goods
2. b)  the condition of the goods (especially its glass and other fragile elements) and in case of any obvious defects to notify the seller within the specified period

4.5 Additional claims for incompleteness or external damage to the shipment do not deprive the buyer of the right to assert defects, but they give the seller the opportunity to prove that the defect was not on the goods at the moment of takeover by the consumer.

4.6 If the buyer purchases the goods in connection with their business activity or within the framework of their independent profession, then the objective liability of the seller for delay is excluded in case of force majeure, which includes operational shutdown on the part of the seller, weather conditions, technical problems of transport or non-fulfillment of the obligation of the seller's subcontractor.

4.7 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with a different method of delivery.

4.8 The transport includes delivery of the goods to the agreed address, not its assembly or carrying to upper floors, and these must be negotiated individually according to the previous article. Within the individually negotiated assembly, only the assembly of the goods is included, not its exact placement in a specific part of the premises or connection to installations or electrical wiring.

4.9 The buyer is responsible for the transport accessibility of the chosen location and if the traffic communication to the delivery point is not trafficable and delivery is therefore objectively impossible, for example due to adverse weather, they are obliged to draw the seller's attention to this fact in advance when planning transport and at the same time agree to an extension of the delivery period.

4.10 The seller is not responsible for any impossibility of the goods passing through the entrance doors. The buyer is obliged to familiarize themselves with the dimensions of the ordered goods when purchasing the goods.

4.11 If the buyer thwarts the planned delivery date of the goods without serious reasons or previous written agreement, they are obliged to pay the seller the damage incurred as a result of such thwarting, even if they do so before the originally agreed delivery date of the goods, if the seller has already incurred the above-mentioned costs in connection with the delivery.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1 The buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, among other things, from:

1. a) a purchase agreement for the delivery of goods that have been customized according to the buyer's wishes or for their person,
2. b) a purchase agreement for the delivery of goods that are subject to rapid decay,
3. c) a purchase agreement for the delivery of goods that were irreversibly mixed with other goods after delivery,
4. d) a purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the package and for hygiene reasons it is not possible to return them
5. e) a purchase agreement for the delivery of an audio or video recording or a computer program if they have broken their original packaging.

5.2 Unless it is a case mentioned above in this article or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase agreement, the buyer may use the model form provided by the seller, which forms an attachment to the terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the address of the seller's premises or to the seller's electronic mail address specified in the header of these GTC.

5.3 In case of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller.

5.4 In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase agreement by the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that they have sent the goods.

5.5 Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.

5.6 If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with the resolutive condition that if the buyer withdraws from the purchase agreement, the donation agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the provided gift together with the goods to the seller.

5.7 Together with the purchase price, the seller shall also return the shipping costs for the delivery of the goods to the buyer, in the amount of the cheapest type of delivery listed on the seller's e-shop on the day of the order. The costs of shipping the goods by the buyer upon withdrawal from the contract are borne by the buyer and they are not entitled to demand their return from the seller.

5.8 In all cases of withdrawal according to this paragraph, the buyer further expressly acknowledges that payments for assembly or carrying to upper floors are not part of the shipping costs and will not be returned to the buyer.

5.9 The buyer acknowledges that the returned purchase price may be reduced by what the value of the goods decreased during its possession by the buyer.

5.10 In the event that the buyer purchases the goods in connection with their business activity or within the framework of their independent profession, none of the provisions of this article shall apply.

6. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

6.2 The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

1. a) the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertising performed by them,
2. b) the goods are suitable for the purpose stated by the seller for its use or for which goods of this type are usually used,
3. c) the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
4. d) the goods are in the appropriate quantity, measure or weight,
5. e) the goods comply with the requirements of legal regulations.

6.3 The provisions stated in this article shall not apply to goods especially when:

1. a) the defect was on the item at the time of takeover and a discount from the purchase price was agreed for such a defect,
2. b) the defect is obvious and therefore it applies that the customer approved such goods even with the defect,
3. c) the defect is caused by the buyer and arose from incorrect use, storage, incorrect maintenance, intervention by the buyer or mechanical damage,
4. d) the defect arose as a result of an external event beyond the control of the seller,
5. e) it is normal wear and tear of the goods caused by its use, not a defect,
6. f) the utility and aesthetic values of the goods were prematurely exhausted by negligent use of the goods

6.4 Natural properties of the materials used (e.g., knots and veneering in wooden products, galvanization, adhesion of dust and hairs in textile covers, light shading in specific upholstered covers, etc.) are not a defect of the goods.

6.5 The right from defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect themselves.

6.6 In the event that the goods do not correspond to the above requirements upon receipt by the buyer, the buyer has the right to the delivery of new goods without defects, unless this is disproportionate given the nature of the item. If the defect concerns only a part of the item, the buyer may only request a replacement of the part; if this is not possible, they may withdraw from the contract and request a full refund of the purchase price. However, if it is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.

6.7 If the buyer does not withdraw from the contract or does not exercise the right to the delivery of new goods without defects, to the replacement of its part or to repair, they may request a reasonable discount from the purchase price. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the consumer.

6.8 If a defect becomes apparent within six months of takeover, the goods are deemed to have been defective already upon takeover.

6.9 The buyer may exercise their rights from defective performance within a period of 24 months from the takeover of the goods. For used goods, the period for exercising rights from defective performance can be shortened to 12 months; such a reduction of the period will be marked by the seller in the confirmation of obligations from defective performance or on the sales document. After the expiry of the period, the right from defects cannot be exercised with the seller, unless the contracting parties agree otherwise or the seller or manufacturer provides a special quality guarantee beyond its legal obligations.

6.10 The buyer is obliged to exercise their rights from defective performance without undue delay after finding that there is a defect in the goods. The seller is not responsible for an increase in the scope of damage if the buyer uses the goods even though they know about the defect. If the buyer rightfully asserts a defect against the seller, the period for exercising rights from defective performance does not run for the time the goods are under repair and the buyer cannot use them.

6.11 The buyer acknowledges that in the event of replacement of goods within the settlement of a claim, a new period for exercising rights from defective performance does not run. The period ends 24 months from takeover after the purchase of the claimed goods.

6.12 The period for exercising rights from defects cannot be considered as determining the service life of the goods; this varies with regard to the properties of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

6.13 In the event that the buyer purchases the goods in connection with their business activity or within the framework of their independent profession, the provisions of this entire article shall not apply and the statutory regulations apply. A contractual warranty for the goods is not negotiated with the buyer in such a case.

7. CLAIMING A DEFECT

7.1 The buyer has the right to file a claim with the seller at any of its premises where the receipt of a claim is possible with regard to the range of goods sold, or also at its registered office or place of business.

7.2 The seller ensures the presence of an employee authorized to accept complaints throughout the entire operating hours. A claim can also be made with a person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt, or in the warranty certificate, if the designated person is at the seller's location or at a location closer to the buyer.

7.3 The buyer is obliged to prove that they have the right to file a claim, in particular to document the date of purchase, either by presenting a sales document, confirmation of the seller's obligations from defective performance, a warranty certificate, or in another credible way.

7.4 The buyer is not entitled to file a claim for a defect that has already been criticized in the past, if a reasonable discount from the purchase price was provided for it.

7.5 If the exercise of the right from defects would cause significant difficulties for the consumer, in particular because the item cannot be transported to the place of the claim in the usual way or it is goods that are installed or part of real estate, the seller will assess the defect by agreement with the buyer either on-site or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.

7.6 In the event that the buyer purchases the goods in connection with their business activity or within the framework of their independent profession, the provisions of this entire article shall not apply.

8. SETTLEMENT OF THE CLAIM

8.1 The seller is obliged to decide on the claim immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer, stating the date and place of the claim, the characteristics of the alleged defect, the method of settlement requested by the buyer, and the way the buyer will be informed of its settlement. The claim, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the claim, unless the seller agrees with the buyer on a longer period. The vain expiry of this period is considered a material breach of the agreement. A condition for the running of these periods is that the consumer has provided the seller with the requested necessary cooperation to settle the claim, in particular, that they allowed the seller to examine the claimed goods.

8.2 The seller is obliged to confirm the method of settlement and its duration to the buyer in writing.

8.3 The buyer is not entitled to change the once-chosen method of claim settlement without the consent of the seller, except in a situation where the chosen method cannot be implemented.

8.4 The buyer is obliged to pick up the claimed goods within 30 days from the date the claim should have been settled at the latest; after this period, the seller is entitled to charge a reasonable storage fee or sell the goods on behalf of the buyer. The seller must warn the buyer of this procedure in advance and provide a reasonable additional period for picking up the goods.

8.5 In the event that the buyer purchases the goods in connection with their business activity or within the framework of their independent profession, the provisions of this entire article shall not apply. In such a case, the period for settling the claim is 6 months.

9. CONTRACTUAL QUALITY WARRANTY

9.1 If the seller has provided a quality warranty beyond its legal obligations, its application is governed by the above provisions of these GTC, unless the confirmation of the seller's obligations from defective performance (warranty certificate) or the agreement provides otherwise.

10. COSTS OF CLAIM AND DISPUTE RESOLUTION

10.1 If the claim is recognized as justified, the buyer who is a consumer has the right to reimbursement of purposefully incurred costs associated with the exercise of their right. The seller does not provide replacement goods for the duration of the claim settlement.

10.2 If the seller rejects the claim as unjustified, the buyer, or by agreement with the seller both parties, may turn to a court expert in the field and request an independent professional assessment of the defect.

10.3 If no agreement is reached between the buyer and the seller, the buyer may turn to existing systems for out-of-court settlement of consumer disputes, or to the relevant court. In such a case, the Buyer – consumer may contact the out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection: http://www.coi.cz

10.4 Out-of-court handling of consumer complaints is ensured by the seller via the electronic address specified in the header. Information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address.

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

10.6 The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement.

10.7 The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection performs, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

10.8 The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

11. ELECTRONIC REGISTRATION OF SALES

11.1 According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in case of a technical failure, then no later than within 48 hours.

12. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

12.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.

12.2 The buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the goods offered) are protected by copyright. The buyer undertakes not to perform any activity that could allow them or third parties to unauthorizedly interfere with or unauthorizedly use the software or other components forming the web interface of the store.

12.3 When using the web interface of the store, the buyer is not entitled to use mechanisms, software, or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it is not at the expense of the rights of other customers of the seller and which is in accordance with its purpose.

12.4 The buyer acknowledges that the seller bears no responsibility for errors resulting from third-party interference with the website or as a result of using the website contrary to its purpose.

13. CONTRACTUAL LIMITATION OF DAMAGES

13.1 If the buyer acts within their business activity in connection with the subject of their business when concluding the purchase agreement, then the claim for damages that could potentially arise for the buyer from this agreement is limited by the seller to the amount of the purchase price of the purchased goods.

14. CONTRACTUAL PENALTY

14.1 The provisions of this article apply only to cases where the buyer acts within their business activity in connection with the subject of their business or within the framework of their independent profession when concluding the purchase agreement.

14.2 In the event of the buyer's default with the payment of the purchase price, a contractual penalty of 1% of the purchase price of the goods for each day of delay is negotiated. Both contracting parties consider the contractual penalty in this amount to be reasonable under the circumstances.

14.3 In the event of the buyer's default with the takeover of the goods, a contractual penalty of 1% of the purchase price of the goods for each day of delay is negotiated. Both contracting parties consider the contractual penalty in this amount to be reasonable under the circumstances.

14.4 For the above-mentioned contractual penalties, it applies that the payment of the contractual penalty does not terminate the obligation of the infringer to compensate for the damage, which the infringer is obliged to pay in addition to the contractual penalty, in full.

14.5 The application of a contractual penalty for breach of a contractual obligation also does not exclude the right to withdraw from the agreement.

14.6 Any payment received by one of the contracting parties shall first be used to pay all penalty payments, in particular the contractual penalty, while the order of the penalty payments paid in this way is governed by the date of their origin (the penalty payment with an earlier date of origin has priority).

14.7 The contractual penalty is payable within seven days of the delivery of its billing to the buyer.

15. PERSONAL DATA PROTECTION

15.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

15.2 The buyer agrees to the processing of their personal data: title, name and surname, residential address, identification number, tax identification number, email address, phone number, and bank account number (hereinafter collectively referred to as "personal data").

15.3 The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations from the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, they also agree to the processing of personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope according to this article is not a condition that would in itself prevent the conclusion of a purchase agreement.

15.4 The seller may entrust a third party with the processing of the buyer's personal data as a processor. Except for persons transporting goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.

15.5 Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

15.6 The buyer confirms that the provided personal data are accurate and that they have been informed that this is a voluntary provision of personal data.

15.7 In the event that the buyer believes that the seller or processor is carrying out processing of their personal data that is in conflict with the protection of the private and personal life of the buyer or in conflict with the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, they may ask the seller or processor for an explanation, or request that the seller or processor remove the situation thus created. In particular, this may involve blocking, performing a repair, supplementing, or liquidating personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or processor shall immediately remove the defective state. If the seller or processor does not comply with the request, the buyer has the right to turn directly to the Office for Personal Data Protection. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly with their initiative.

15.8 If the buyer requests information about the processing of their personal data, the seller is obliged to hand over this information. The seller has the right to demand a reasonable payment for providing information according to the previous sentence, not exceeding the costs necessary to provide the information.

15.9 The buyer agrees to the sending of information related to the goods, services, or enterprise of the seller to the buyer's electronic address and further agrees to the sending of commercial communications by the seller to the buyer's electronic address.

16. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

16.1 The buyer agrees to the sending of information related to the goods, services, or enterprise of the seller to the buyer's electronic address, SMS messages to the buyer's phone number, and further agrees to the sending of commercial communications by the seller to the buyer's electronic address.

16.2 The buyer agrees to the storage of so-called cookies on their computer. In the event that the purchase on the website can be made and the seller's obligations from the purchase agreement fulfilled without the storage of so-called cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time.

17. ASSIGNMENT AND OFFSETTING OF RECEIVABLES

17.1 The buyer is not entitled to assign or pledge any receivable against the seller arising on the basis of this agreement to a third party without the prior written consent of the seller.

17.2 The buyer is not entitled to perform an offset of their receivable against the seller with the seller's receivable against the buyer.

17.3 In the event that the buyer does not purchase the goods in connection with their business activity or within the framework of their independent profession, the provisions of this entire article shall not apply.

18. TERMINATION OF THE AGREEMENT

18.1 The purchase agreement can only be terminated by fulfillment, agreement of the parties, or withdrawal from the agreement.

18.2 For a material breach of this agreement, which is a reason for withdrawal from the agreement, the contracting parties consider in particular these breaches of the buyer's obligation, in the event that the buyer acts within their business activity in connection with the subject of their business or within the framework of their independent profession when concluding the purchase agreement:

1. a) any delay by the buyer in taking over the goods
2. b) any delay by the buyer in paying the purchase price

19. DELIVERY

19.1 Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing; namely by electronic mail, in person, or by registered mail through a postal service provider (at the sender's choice). Delivery to the buyer is made to the email address specified in the order.

19.2 A message is delivered:

1. a) in the case of delivery by electronic mail, at the moment of its receipt, if this receipt is confirmed electronically to the sender by the addressee
2. b) in the case of delivery in person or through a postal service provider, it applies that the message is delivered no later than the third working day after sending, including refusal to accept the shipment, if the addressee (or a person authorized to accept the shipment for them) refuses to accept the shipment.
3. c) through SMS, at the moment of delivery of confirmation of receipt of the addressee's message to the sender's phone

19.3 Beyond the above, the seller is further expressly authorized to perform acts related to rights and obligations from the purchase agreement through a voice telephone call with the buyer, if the buyer expressly agrees to it in each case.

20. FINAL PROVISIONS

20.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights resulting from generally binding legal regulations.

20.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or terms and conditions require a written form.

20.3 The purchase agreement including the terms and conditions is archived by the seller in electronic form.

20.4 Annex No. 1 to the terms and conditions consists of a model form for withdrawal from the purchase agreement.

20.5 The contact details of the seller are the details stated in the header of these terms and conditions.

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