Terms and Conditions

 

General Business Terms and Conditions of the “http://www.jselements.cz” Online Store

 

1. Basic provisions

These General Business Terms and Conditions (“the GBTCs”) of JS elements, s.r.o., a company having its registered office located at V Uličce 1459, 253 01, Hostivice, business registration number: 04657683, VAT registration number:   , (“the Seller”) are issued pursuant to section 1751(1) of the Act No. 89/2012 Coll., the Civil Code, as amended (“the Civil Code”).

1.2. These GBTCs regulate the mutual rights and duties of the Parties connected with or arising from the sale contract (“the Sale Contract”) made between the Seller and another natural person (“the Buyer”) via the “http://www.jselements.cz” online store (“the Online Store”).

1.3. These GBTCs and the Sale Contract are executed in the English language unless the Parties have agreed otherwise. The contractual relationship is governed by current Czech law.

1.4. These GBTCs regulate only the relationship between and the resulting rights and duties of, the Seller and the Buyer – a natural non-entrepreneurial person who has entered into the contract exclusively outside his/her business or gainful activities.

1.5. Pursuant to section 1752 of the Act No. 89/2012 Coll., the Civil Code, the Seller may alter or amend the text of these GBTCs. The Buyer will be informed about any change of these GBTCs via the Seller’s website http://www.jselements.cz in the Business Terms and Conditions section, which will include the date of effect of the new version and offer the possibility to examine the previous versions.

The other Party has the right to refuse the changes if the contract has been entered into for long-term repeated performance, and terminate the contract for this reason within a period of one month from the date of effect of the new version.

2. Order for products and entering into a sale contract

2.1. The presentation of products in the “http://www.jselements.cz” Online Store does not constitute an offer to enter into a contract, serves for information purposes only, and the Seller is not obliged to enter into a sale contract for such products.

2.2. The product prices are quoted inclusive of value-added tax (VAT) if the Seller is a VAT seller, but exclusive of postage and packaging cost. The quoted product price is final. The product price is valid for the period of time during which it is displayed in the “http://www.jselements.cz” Online Store.

2.3. The “http://www.jselements.cz” Online Store also contains information, in a specific section, on the cost of packaging and delivering of products.

2.4. The cost of packaging and delivering of products is always specified before the submission of the order form via the Online Store website. The cost is calculated on the basis of public and private price lists of carriers in relation to the weight, payment method, and method of delivery chosen in the order form.

2.5. Before submitting the order form to the Seller, the Buyer has a possibility to alter the order and change the details entered into the order form and check the entered details for correctness.

2.6. The Buyer’s costs (such as phone call charges, Internet connection charges) incurred due to the use of remote means of communication in connection with the entering into the Sale Contract are payable by the Buyer alone.

2.7. The procedure to order products by the Buyer is as follows:

  1. By placing the ordered products into the shopping cart of the Online Store and pressing the button “BUY NOW” using his/her user account if the Buyer has registered in the “http://www.jselements.cz” Online Store;
  2. By placing the ordered products into the shopping cart of the Online Store and pressing the button “BUY NOW” without any need for a user account and registration.

2.8. By clicking the button “SEND ORDER,” the Buyer will submit the order to the Seller. The Seller will consider all details entered into the order form as correct. The Buyer will thereby confirm that he/she has filled in all required details correctly to the best of his/her knowledge and belief when creating the order, and that he/she consents to these GBTCs by clicking the button “SEND ORDER.”

2.9. The Seller will consider all orders submitted by the Buyer to the Seller as binding.

2.10. Immediately after the submission of the order to the Seller, the Seller will issue a certificate of delivery of the order form and send it to the Buyer to the email address entered by the Buyer into the order form or specified by the Buyer in the user account created at the “http://www.jselements.cz” Online Store during the registration process. The certificate is not considered as entering into a sale contract.

2.11. By receiving the order from the Buyer, the Seller becomes entitled to contact the Buyer in order to obtain any missing details, make a change or alteration of the details in the order form.

2.12. If required by the character of the order, the Seller is entitled to contact the Buyer and ask him/her for cooperation to enter into a sale contract.

2.13. The Sale Contract between the Seller and the Buyer is entered into at the moment when the Seller confirms the order. The Seller will issue a confirmation of order and send it to the Buyer’s email address specified by the Buyer in the order form.

2.14. In the event of a technical failure, clearly wrong display of product prices or combination of discounts resulting into a minimum price of the order from the Online Store, the Seller will not be obliged to deliver the product or service to the Buyer at the displayed price. This also applies to already confirmed orders or cashless payments (orders paid by card, bank transfer or another method of cashless payment).

2.15. These GBTCs only apply to products bought via the “http://www.jselements.cz” Online Store.

3. Price

3.1. The Buyer can pay the price for products and cost of delivering, product alteration (if provided by the Seller directly via the Online Store) by any of these methods:

  • PayPal cashless payment;
  • cashless payment by card;
  • bank transfer to the Seller’s account number 4088586349/0800​maintained with Česká spořitelna, a.s.

3.2. The Buyer is obliged to pay to the Seller the purchase price for the products as well as the cost of packaging and delivering of the products. Unless expressly stated otherwise, the purchase price means also the cost of delivery of the products.

3.3. In case of payment by cash on delivery or by cash, the price for the products is payable against receipt or as of the date of delivery of the products. In case of cashless payment, the purchase price is payable within     days from the entering into the Sale Contract.

3.4. In case of cashless payment, the Buyer is obliged to pay the purchase price under the designated payment reference number (VS) into the Seller’s bank account. The Buyer’s obligation is fulfilled when the due amount of purchase price is credited to the Seller’s account.

3.5. Pursuant to section 1820(1)(b) of the Civil Code, the Seller does not request that the Buyer pays an advance or any similar payment. The payment of the purchase price for the products before sending them cannot be considered as advance payment.

3.6. Unless the Seller’s decides otherwise, combinations of any advantageous or discounted prices of the products are not allowed. The Buyer will always be informed about any possible combination of discounted or advantageous etc. prices as well as about the final price for the products before the submission of the order form.

3.7. The Seller will issue a tax document only after the payment of the purchase price for the products by the Buyer, and will deliver it to the Buyer’s email address specified by the Buyer in the order form and/or will hand it over as a hard copy when the products are picked up at the Seller’s premises and/or will send it to the Buyer together with the products.

4. Delivery of products

4.1. The cost of delivering the products is always specified in the order form and the subsequent confirmation issued by the Seller, depending on the selected method and type of delivery.

4.2. The Buyer is obliged to take over the products at the place specified in the order form, otherwise he/she undertakes the risk that the products will not be delivered to him/her but returned back to the Seller. In case of a subsequent request for redelivery of the products by the Seller, the Buyer acknowledges the repeated cost of delivery equal to the initial cost.

4.3. At the time of receipt of the products from the carrier, the Buyer is obliged to carefully inspect the consignment for any signs of damage of the packaging and/or the products directly. If the Buyer refuses to accept the products, he/she is obliged to inform the carrier immediately. If any defects are found either on the packaging material or the products directly, the Buyer is not obliged to accept the consignment from the carrier.

4.4. The Buyer acquires the title to the products and all duties related thereto upon the payment for the products and their acceptance from the carrier. The risk of damage to the products passes onto the Buyer upon the acceptance of the products by the Buyer.

4.5. The products will be delivered to the Buyer:

  • By the following carriers: Česká pošta, FedEx, DPD, UPS, GLS;
  • To the address specified by the Buyer in the order form.

4.6. Pickup of the products in person is free of charge.

4.7. The products are usually handed over to the carrier within 10 working days.

4.8. If the method of delivery chosen by the Buyer in the order form is pickup at the store in person, he/she is obliged to pick the products up within 7 days. The Seller will inform the Buyer that the products are ready for pickup either by an email message or by phone.

5. Customer account

5.1. If the Buyer has registered in the “http://www.jselements.cz” Online Store, he/she can log into his/her user account and use it to place orders for products. If the store’s application allows to order products without registration, the Buyer can order products also without registration.

5.2. The Buyer is obliged to provide correct and true details for user account registration and for ordering products. If the details change, the Buyer is obliged to update the details in the user account or inform the Seller immediately about the change. The details filled in by the Buyer are considered as the only and correct details.

5.3. The access to the user account is protected by user name and password. The Buyer is obliged to maintain confidentiality and must not disclose the details to a third party, otherwise he/she will be fully responsible for such disclosure. The Buyer’s login details will be maintained by the “http://www.jselements.cz” website operator in an encoded format.

5.4. The Seller disclaims any responsibility for any misuse of the user account by a third party.

5.5. The Seller reserves the right to close the Buyer’s user account in certain events including but not limited in the event that the Buyer has evidently not been using it actively for a period longer than 12 months. Also, if the Buyer has breached the duties under the Sale Contract and these GBTCs or any other sales agreement with the “http://www.jselements.cz” website operator.

5.6. The “http://www.jselements.cz” website operator is not obliged to provide non-stop access to user accounts, in particular, during scheduled outages, updates, or the website coming down.

6. Withdrawal from the Sale Contract

6.1. Pursuant to section 1837 of the Civil Code, the Buyer may not withdrawal from the Sale Contract in the following events:

  • Provision of services if the services have been provided with his/her prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case, he/she does not have any right to withdraw from the contract;
  • Delivery of products or services whose price depends on fluctuations in the financial market independently of the will of the entrepreneur and which may occur during the period of withdrawal from the contract;
  • Supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur;
  • Supply of products which have been altered as requested by the consumer or for his personal needs;
  • Supply of perishable products as well as products which have been irretrievably mixed with other products after delivery;
  • Repair or maintenance carried out at a place designated by the consumer at his/her request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
  • Delivery of products in a sealed package, which were removed by the consumer from the package and cannot be returned for hygienic reasons;
  • Delivery of an audio or video recording or a computer programme whose original packaging has been opened by the Buyer;
  • Delivery of newspapers, periodicals or magazines;
  • Accommodation, transport, catering or leisure-time services provided by the entrepreneur at the specified time;
  • If the Sale Contract has been entered into by means of a public auction according to the Public Auction Act; or
  • Delivery of digital contents other than on a physical carrier if the delivery has taken place with his/her prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case, he/she does not have any right to withdraw from the contract.

6.2. In the case of events other than those mentioned in section 6.1. above, the Buyer is entitled to withdraw from the Sale Contract within 14 days from the acceptance of the products pursuant to section 1829(1) of the Civil Code.

6.3. If the order is divided or contains several parts (or products) delivered at different times, the period of withdrawal from the Sale Contract starts running from the time of delivery of the last part (product).

6.4. The notice of withdrawal from the Sale Contract must be sent to the Seller within this period (at the latest, 14 days from the acceptance of the last ordered part or product).

6.5. In the event of withdrawal from the Sale Contract pursuant to section 1829(1) of the Civil Code, the Seller will return any received payment back to the Buyer within 14 days from the receipt of the products. The Seller is not obliged to return the received payment back to the Buyer before delivery of the products back to the Seller unless they have agreed otherwise.

6.6. The products returned by the Buyer back to the Seller must not be damaged, show signs of excessive use, or be contaminated or otherwise impaired. If possible, the products must be returned by the Buyer in the original package.

6.7. If the Seller offers multiple methods of delivery of products and the Buyer withdraws from the Sale Contract and returns the products back to the Buyer, the Seller will return postage for the cheapest method of delivery. The amount of postage will be deducted from the purchase price to be returned by the Seller to the Buyer.

6.8. The Seller will use the same method of payment to return the remaining amount to the Buyer unless they have agreed otherwise.

6.9. If the order contained a Seller’s gift, the Buyer is not obliged to return such gift if he/she withdraws from the Sale Contract.

6.10. The notice of withdrawal from the Sale Contract must be sent to the Seller’s delivery address specified in these GBTCs or to the email address: jiri.soucek@jselements.cz. The Seller will immediately confirm the receipt of the notice of withdrawal from the Sale Contract to the Buyer.

6.11. The Seller’s form at the end of these GBTCs can be used as a notice of withdrawal from the Sale Contract. The notice of withdrawal from the Sale Contract will be sent to the Buyer together with the order confirmation form, and can also be downloaded separately from http://www.jselements.cz.

6.12. The Seller is entitled to withdraw from the Sale Contract up until the time of acceptance of the products by the Buyer. The Seller may do so in several events such as the products are sold out, the manufacturer or supplier interrupted delivery of the products, the products are not available, or other events caused by a third party.

6.13. If the Seller withdraws from the Sale Contract, the Seller will immediately inform the Buyer by email, by phone, or by another means of communication. The Seller will return any payments including the cost of delivering received from the Buyer, either using the same method or another method designated by the Buyer.

7. Rights due to defective performance

7.1. Rights that are due to defective performance are governed by sections 1914–1925, 2099–2117, 2161–2174 of the Act No. 89/2012 Coll., the Civil Code, as amended, and by the Act No. 634/1992 Coll., on consumer protection.

7.2. The Seller is liable to the Buyer for the accepted products being flawless. The Seller’s liability to the Buyer includes but is not limited to the following:

  • At the time of acceptance of the products, the products have the properties agreed by the Parties, and if such a provision is missing, the properties described by the Seller or the manufacturer or expected by the Buyer in view of the character of the products and on the basis of the advertising conducted by them;
  • At the time of acceptance of the products, the products are suitable for the purpose for which they are intended according to the Seller or for which this type of products is usually used;
  • At the time of acceptance of the products, the quality or craftsmanship of the products correspond to the specimen or model if the quality of craftsmanship has been set using an agreed specimen or model;
  • At the time of acceptance of the products, the products have a corresponding quantity, measure(s), or weight;
  • At the time of acceptance of the products, the products comply with legal requirements.

7.3. If a defect becomes evident during six months from acceptance, the products are considered as defective at the time of acceptance.

7.4. If the character of the products or services allows it, the Buyer has the right to an inspection or presentation of the functioning of the product.

7.5. If a defect is found, the Buyer is obliged to inform the Seller about the defect immediately after it could be detected if a timely inspection and adequate care has been used; otherwise the Buyer’s rights due to defective performance will not be acknowledged by court. The same applies to a hidden defect if the Buyer does not inform the Seller about the defect without unnecessary delay after it could be detected if a timely inspection and adequate care has been used, however, within two years from the handover of the products at the latest.

7.6. If a defect is found which prevents the usual use of the products, the Buyer may exercise the right to claim defective performance (“Claim”) and request the following:

  • Replacement of the defective with a new flawless product or delivery of the missing part;
  • Adequate discount;
  • Repair of the defective product;
  • Withdrawal from the Sale Contract.

7.7. The Buyer is entitled to withdrawal from the Sale Contract if the products:

  • Have a material defect that prevents the usual use of the products;
  • Cannot be used due to recurring defects and/or a defect(s) occurring after a repair;
  • Have a greater number (3 or more) of defects.

7.8. The Buyer has to inform the Seller about the chosen option either in the notice of defect or without unnecessary delay after giving the notice of defect to the Seller. The Buyer may not change the chosen option without the Seller’s consent; this does not apply if the Buyer has requested repair of a defect that cannot be repaired.

7.9. Until the Buyer exercises the right to a discount or withdraws from the Sale Contract, the Seller may still deliver the missing part or remedy a legal defect. Other defects may be remedied by the Seller according to the Seller’s choice, either by repairing the products or delivering new ones provided that the choice does not cause unreasonable costs on the Buyer’s side.

7.10. The Buyer may not exercise rights due to defective performance if the Buyer has been aware of the defect at the time of acceptance of the products or has caused the defect.

7.11. The Seller is obliged to accept the Claim at the address of its establishment, registered office or place of business if the character and type of products allow it.

7.12. The Seller has to inform the Buyer in writing about the outcome of the claim procedure.

7.13. The Buyer is entitled to exercise the right to claim a defect of the products, within twenty-four (24) months from the acceptance of the products. However, if the products have a specific expiration date, the time period ends on the expiration date specified on the packaging.

7.14. If the Buyer does not inform the Seller about the defect in due time, the Buyer’s right to withdraw from the Sale Contract becomes extinguished.

8. Alternative dispute resolution

8.1. Mutual disputes between the Seller and the Buyer will be resolved by general courts.

8.2. Pursuant to the Act No. 634/1992 Coll. on consumer protection, as amended, the Buyer has the right to an alternative resolution of disputes arising from the Sale Contract. The body competent to carry out the alternative dispute resolution is the Czech Trade Inspection Authority (“the CTIA”) with its address located at Štěpánská 567/15, 120 00, Prague 2 – Nové Město. Information on the alternative dispute resolution procedure and the claim form are available at https://www.coi.cz/​and https://www.coi.cz/informace-o-adr/.

8.3. Assistance in cross-border alternative resolution of consumer disputes will be provided by the European Consumer Centre of the Czech Republic (“the ECCCR”). The contact address of the ECCCR is: Štěpánská 567/15, 120 00, Prague 2 – Nové Město. Advice and information on individual markets including the alternative consumer dispute resolution platform are available at https://evropskyspotrebitel.cz/​and​https://ec.europa.eu/consumers/odr/main/.

9. Closing provisions

9.1. In case of a foreign entity’s involvement, the arrangements arising from these GBTCs and the Sale Contract concluded between the Buyer and the Seller on the basis of these GBTCs are subject to Czech law. However, this does not affect the Buyer’s rights under Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

9.2. The Seller disclaims any responsibility in the event of force majeure or any other outage of the Online Store due to the impossibility to exercise the order.

9.3. The Parties may agree on provisions to the contrary in the Sale Contract; such provisions will prevail over those in these GBTCs.

9.4. The Seller reserves the right to alter or amend these GBTCs. However, this does not affect the right and duties according to the previous version of these GBTCs.

These GBTCs become effective on 29 June 2021.

10. Rules of claim procedure

10.1. These rules of claim procedure make an integral part of these GBTCs of the “http://www.jselements.cz” Online Store and define the basic conditions and method for the Buyer’s claims of defective products.

These rules of claim procedure are based on the Act No. 89/2012 Coll., the Civil Code, as amended, and the Act No. 634/1992 Coll. on consumer protection. These rules of claim procedure regulate only the relationship between the Seller and the Buyer – a natural non-entrepreneurial person who has entered into the contract exclusively outside his/her business or gainful activities.

10.2. The Buyer is obliged to read these GBTCs and these rules of claim procedure before ordering the products, however at the latest before the submission of the order form through the “http://www.jselements.cz” Online Store, and confirm that he/she has understood and read them by marking the relevant box in the order form. The order form cannot by sent by the Buyer without marking the box. The Seller / “http://www.jselements.cz” website operator registers orders from buyers as well as the marking of the said box.

10.3. Entering into the Sale Contract and acceptance of the products by the Buyer are considered as consent to these rules of claim procedure and these GBTCs.

10.4. The Buyer is obliged to prove the purchase of the products from the “http://www.jselements.cz” Online Store mainly by the tax document issued by the Seller.

10.5. The Buyer can accelerate the claim procedure by describing the defects of the products and choosing the method of compensation.

10.6. If the order is divided or contains several parts (or products) delivered at different times, the period of withdrawal from the Sale Contract starts running from the time of delivery of the last part (product). The notice of withdrawal from the Sale Contract must be sent to the Seller within this period (at the latest, 14 days from the acceptance of the last ordered part or product).

10.7. The Seller is liable to the Buyer for the accepted products being flawless. The Seller’s liability to the Buyer includes but is not limited to the following:

  • At the time of acceptance of the products, the products have the properties agreed by the Parties, and if such a provision is missing, the properties described by the Seller or the manufacturer or expected by the Buyer in view of the character of the products and on the basis of the advertising conducted by them;
  • At the time of acceptance of the products, the products are suitable for the purpose for which they are intended according to the Seller or for which this type of products is usually used;
  • At the time of acceptance of the products, the quality or craftsmanship of the products correspond to the specimen or model if the quality of craftsmanship has been set using an agreed specimen or model;
  • At the time of acceptance of the products, the products have a corresponding quantity, measure(s), or weight;
  • At the time of acceptance of the products, the products comply with legal requirements.

10.8. If a defect becomes evident during six months from acceptance, the products are considered as defective at the time of acceptance.

10.9. The Seller is obliged to accept the Claim at the address of its establishment, registered office or place of business if the character of products allows it. The address for acceptance of defective products that are subject to the Claim is: V Uličce 1459, 253 01 Hostivice.

10.10. The Seller will inform the Buyer in writing about the acceptance of the products that are subject to the Claim and about the outcome of the claim procedure.

10.11. These rules of claim procedure regulated claim procedures involving defects of products that occur within twenty-four (24) months from their acceptance or during the warranty period (e.g. extended warranty).

10.12. These rules of claim procedure do not apply to products with a specific expiration date in the meaning of section 10.15. of these GBTCs.

10.13. If the Seller does not remedy the defect in due time or refuses to remedy the defect, the Buyer may claim a discount or may withdraw from the Sale Contract.

10.14. The Buyer may exercise his/her right to claim and choose a method of compensation according to section 6.6. of these GBTCs.

10.15. The Buyer is entitled to exercise the right to claim a defect of the products that occurs within twenty-four (24) months from the acceptance of the products. However, if the products have a specific expiration date, the time period ends on the expiration date specified on the packaging.

10.16. If the Buyer requests a written confirmation, the Seller will issue a letter of confirmation of the scope and duration of the Seller’s duties related to defective performance. The minimum scope and duration of the Seller’s duties related to defective performance is the scope and duration of the manufacturer’s duties related to defective performance.

10.17. If necessary, the Seller will clearly explain in the letter of confirmation the content, scope, conditions, and duration of the Seller’s liability and the method of exercising the rights resulting from it. The letter of confirmation will also include the statement that it is without prejudice to the Buyer’s other rights related to the purchase of the products.

The failure to comply with these duties does not affect the validity of the confirmation.

These rules of claim procedure become effective on 29 June 2021.

The address for delivery of the notice of withdrawal from the Sale Contract is: V Uličce 1459, 253 01 Hostivice.

11. Custom duties

11.1. Any customs duties and other possible fees associated with the import of goods are always paid by the customer

Electronic sales records (“EET”)

Pursuant to the Sales Records Act, the Seller is obliged to issue a receipt for the Buyer. The Seller is obliged to record the sale online with the tax administrator at the same time, or within up to 48 hours at the latest in case of a technical problem.