Collection: B2C Terms and Conditions

1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is not a consumer.

1.3. The subject of the purchase contract is the goods advertised on the web interface of the store.

1.4. The terms and conditions are an integral part of the purchase contract. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

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

2. User account

2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The contract is concluded in the Czech language. If a translation of the text of the contract is required by the buyer, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.

2.6. 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 necessary maintenance of hardware and software equipment of third parties.

2.7. The seller can cancel the user account, especially if the buyer does not use his user account for a long time, or if the buyer violates his obligations under the purchase contract (including terms and conditions).

3. Conclusion of the purchase contract

3.1. The offer for the sale of goods placed on the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of § 1732 paragraph 2 of the Act No. 89/2012 Coll., Civil Code, does not apply.

3.2. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the offered goods are listed without and including value added tax and all related fees (the amount may subsequently be increased depending on the buyer's chosen method of payment and delivery of the goods). The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed on the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out the order form on the store's web interface. The order form mainly contains information about:

• ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface);
• the method of payment of the purchase price of the goods;
• the required method of delivery of the ordered goods;
• costs associated with the delivery of goods.

(hereinafter referred to as the "order")

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Buy" button or a button of similar meaning. The data given in the order are considered correct by the seller. After receiving the order, the seller will confirm receipt of the order to the buyer via e-mail.

3.6. By sending the order, the buyer confirms that he has familiarized himself with these terms and conditions.

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

3.8. If the seller does not notify the buyer by e-mail within 7 working days from the date of sending the order that the purchase contract has not been concluded, the contractual relationship between the seller and the buyer is established by the delivery of a confirmation of receipt of the order, which is sent by the seller to the buyer by e-mail, at e-mail address of the buyer specified in the order.

3.9. The buyer acknowledges that the seller is not obliged to conclude a purchase contract with him, especially if the buyer has previously violated the purchase contract (including terms and conditions), has repeatedly withdrawn from it without reason, or if the goods are not available or are at wrong price given by him.

3.10. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.

3.11. The seller informs the buyer that:

• the cost of means of distance communication does not differ from the basic rate in the sense that the seller does not charge any fees for the use of distance communication, but the buyer is obliged to cover the cost of delivery of the goods in accordance with the purchase contract and these terms and conditions.
• unless expressly stated otherwise in these terms and conditions or in the purchase contract, the seller requires payment of the purchase price at the latest upon receipt of the goods.
• the prices of goods and services are listed with and without VAT, including all fees stipulated by law. § the costs of packaging and delivery of goods vary according to the chosen method and provider of goods delivery and the method of payment.
• in case of withdrawal from the contract, the buyer will bear the costs associated with returning the goods and, in the case of a contract concluded via distance communication, the costs for returning the goods, if these goods cannot be returned by the usual postal route due to their nature.

4. Price of goods and terms of payment

4.1. According to the purchase contract, the buyer shall pay the price of the goods to the seller in the following ways:

• cashless via the payment gateway, to which a link is implemented directly in the web interface of the store.
• by cashless transfer to the seller's account, which will be communicated to the buyer via e-mail, including additional payment instructions
• cash on delivery at the place specified by the buyer in the order

4.2. 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 packaging and delivery of the goods.

4.3. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment by transfer to the seller's account, the purchase price is payable within 7 days from the date of conclusion of the contract - the seller is not obliged to send the goods until full payment of the purchase price.

4.4. In the case of non-cash payment by bank transfer, the buyer is obliged to indicate the variable payment symbol communicated by the seller when making the payment. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account, indicating the correct variable symbol.

4.5. The seller is always entitled to demand payment of the entire purchase price before sending the goods to the buyer.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

5. Withdrawal from the purchase contract by the buyer

5.1. The buyer - consumer has, in accordance with § 1829 paragraph 1 of the Act No. 89/2012 Coll., Civil Code, the right to withdraw from the contract without giving a reason, within 14 days:
§ from the day of acceptance of the goods, if it is a purchase contract; § from the day of acceptance of the last delivery of goods, if it is a contract, the subject of which is several types of goods or the delivery of several parts; § from the day of acceptance of the first delivery of goods, if it is contract, the subject of which is the regular delivery of goods.

5.2. If the subject of the purchase contract is the seller's obligation to deliver digital content, the buyer cannot withdraw from such a contract if the digital content was not delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period.

5.3. The seller allows the buyer to withdraw by filling in and sending a sample form for withdrawal from the contract on the website, and the seller will confirm its acceptance to the buyer in text form without undue delay. The sample form will be displayed to the buyer after clicking the "sample form" link in the first sentence of this paragraph.

5.4. If the buyer withdraws from the contract, he is obliged to return the received goods to the seller at his own expense. Until then, the seller has no obligation to return the received financial performance and the buyer bears the risk of damage to the property. The buyer undertakes to make every effort to be able to return the goods, including their documentation, in the condition in which they were received. The buyer bears the risk of damage to the goods until the seller takes them back.

5.5. If the buyer - consumer received some extra performance from the seller in connection with the conclusion of the contract from which he withdraws (e.g. a discount for the next purchase, a gift, etc.), such extra performance is provided with a severance clause and the buyer loses the right at the moment of withdrawal from the contract also the right to claim extra performance and is obliged to return it, if possible. Otherwise, they will compensate the seller for damages, or issues unjust enrichment. The seller is entitled to offset these claims against the obligation to return the purchase price.

5.6. In case of withdrawal from the contract, the seller will return the funds received from the buyer within 14 days of withdrawal from the purchase contract by the buyer, in the same way and with the same payment method as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer in another way, if the buyer agrees to this and it does not incur additional costs for the buyer. The seller is not obliged to return the funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

5.7. If the buyer has chosen a different method of delivery than the cheapest method offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method offered. 5.8. The buyer acknowledges that he is not entitled to withdraw from the contracts specified in § 1837 of the Act. No. 89/2012 Coll., Civil Code.

6. Transport and delivery of goods

6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. 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 over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was 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.

6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note (or any other document of similar meaning), the buyer confirms that the packaging of the shipment containing the goods has not been damaged.

7. Rights from defective performance

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).

7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

• the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them;
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used; § the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model;
• the goods are in the appropriate quantity, measure or weight;
• the goods comply with the requirements of legal regulations.

• to remove the defect by supplying a new item without a defect or by supplying a missing item;
• to remove the defect by repairing the item;
• for a reasonable discount from the purchase price;
• withdraw from the contract.

• § to remove the defect;
• at a reasonable discount from the purchase price.

7.5. The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. If the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract.

7.6. With a quality guarantee, the seller undertakes to the buyer that the goods will be suitable for use for the usual purpose or that they will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the goods on the packaging or in advertising also has these effects. The seller provides a quality guarantee to the buyer only if it has been separately agreed in the purchase contract.

7.7. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

7.8. The rights of the buyer resulting from the seller's responsibility for defects, including the seller's warranty liability, are applied by the buyer to the seller in writing at the address of his registered office. The moment when the seller receives the claimed goods from the buyer together with the complaint of the defect is considered to be the moment of application of the complaint.

7.9. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods. The risk of damage to things passes to the buyer at the moment of concluding the purchase contract.

8.2. The buyer acknowledges that the software and other components forming the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.

8.3. 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 does not affect the rights of other customers of the seller and is in accordance with its purpose.

8.4. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the Civil Code.

8.5. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.

9. Protection of personal data and sending commercial messages

9.1. On the basis of the concluded purchase contract, personal data of buyers (hereinafter also referred to as "Personal Data") is processed.

9.2. Personal data is processed only for the purposes of fulfilling the contract and, if the buyer has given consent, also for marketing purposes.

9.3. Personal data may be provided to the following third parties:

• external accountant;
• auditors;
• external law firms;
• persons providing server, web, cloud or IT services, or business partners of the seller;

9.4. Personal data will not be provided to third parties from countries outside the EU and the EEA. 9.5. Personal data will be processed for the duration of the Agreement, or for the period necessary to fulfill archiving obligations according to applicable legal regulations, but no longer than 10 years after its termination.

9.6. In accordance with the regulations for the protection of personal data, the buyer has the following rights:

• THE RIGHT TO ACCESS Personal Data, which means that he can at any time request confirmation as to whether Personal Data concerning him is or is not being processed, and if so, for what purposes, to what extent, to whom it is made available, how they will be processed for a long time, whether they have the right to correction, erasure, restriction of processing or to raise an objection, where the Personal Data was obtained, and whether automatic decision-making takes place based on the processing of Personal Data, including possible profiling. He also has the right to obtain a copy of his personal data, while the first provision is free of charge, for further provision then reasonable payment of administrative costs may be required.
• THE RIGHT TO CORRECT Personal Data, which means that it is possible to request the correction or addition of Personal Data if they are inaccurate or incomplete.
• RIGHT TO DELETE Personal Data, which means that Personal Data must be deleted if (i) it is no longer necessary for the purposes for which it was collected or otherwise processed, (ii) consent is withdrawn and there is no further reason for processing (iii) it is an objection to the processing has been raised and there are no overriding legitimate reasons for the processing (iv) the processing is unlawful or (v) it is imposed by a legal obligation.
• THE RIGHT TO RESTRICT the processing of Personal Data, which means that until disputed issues regarding the processing of Personal Data are resolved, namely if (i) the accuracy of the Personal Data is disputed, (ii) the processing is unlawful, but instead of erasure, only restriction of processing is requested, ( iii) The contractual party no longer needs the personal data for the purposes of processing, (iv) or if an objection has been raised against the processing, the other contractual party can only have the personal data stored and further processing is conditional on consent, or the fact that these data are needed for the purpose of the purpose, exercise or defense of legal claims,
• THE RIGHT TO DATA PORTABILITY , which means that the data subject has the right to obtain his Personal Data, which he has provided to the other contracting party with consent for processing or for the purpose of performing the contract, in a structured, commonly used and machine-readable format, and if technically feasible , so that these data are transferred to another administrator.
• THE RIGHT TO OBJECT to the processing of Personal Data, which means the possibility to submit a written or electronic objection to the processing of Personal Data.

9.7. All rights stipulated in the previous paragraph can be exercised either in writing by registered letter sent to the address of the registered office, or electronically at the e-mail address info@FIXED.zone

9.8. The data subject has the right to file a complaint against the processing of Personal Data with the Office for Personal Data Protection at the address: www.uoou.cz.

9.9. The provision of personal data is required for the reason that they are necessary for the fulfillment of obligations under the contract, or their provision is required by law. Failure to provide data may result in the contract not being concluded.

9.10. Based on the processed Personal Data, there is no automated decision-making or profiling.

10. Delivery

10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via a postal service provider. The buyer is usually delivered to the e-mail address specified in his user account, or e-mail address specified when ordering the goods. 10.2. The message is delivered:

• in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
• in the case of delivery in person or through a postal service operator, by receiving the parcel by the addressee,
• in the case of delivery in person or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel.

11. Final Provisions

11.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the buyer's rights arising from generally binding legal regulations.

11.2. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope. Any dispute between the seller and the buyer can be resolved out of court by the entity of out-of-court dispute resolution, which is the Czech Trade Inspection.

11.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will 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.

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

11.5. Contact details of the seller:

FIXED Services Ltd
Budějovická 19, 370 01, Homole,

e-mail address info@FIXED.zone, telephone + 420 385 510 205.

In České Budějovice on 5 October 2021

FIXED Services Ltd