Terms and Conditions

These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

Nicopods.cz

Operator: Nicopods, s.r.o.

• ID: 17647126 VAT ID: CZ17647126
• Registered office: Kollarova 323/20, 301 00 Plzen, Czech Republic
• File number: C 42847 registered at the Regional Court in Plzeň

Contact details:

• Store adress: Kollarova 323/20, 301 00 Plzen, Czech Republic
• Email: [email protected]
• Phone: +420 775 352 837
• www.nicopods.cz
• (hereinafter referred to as the "seller")

These Terms and Conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activity as a consumer or within their business activity (hereinafter referred to as the "buyer") via the web interface located on the website available at www.nicopods.cz (hereinafter referred to as the "online store"). The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of these Terms and Conditions. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II.

Information about Goods and Prices

Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. Prices of goods are stated inclusive of value-added tax, all related fees, and costs for returning the goods, if the goods by their nature cannot be returned by regular postal means. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions. All presentation of goods placed in the online store catalog is of an informative nature, and the seller is not obliged to enter into a purchase contract regarding this goods. The online store provides information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods provided in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic. Any discounts from the purchase price of goods cannot be combined unless the seller and the buyer agree otherwise.

III.

Order and Conclusion of the Purchase Contract

The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer themselves. These costs do not differ from the basic rate. The buyer places an order for goods in the following ways: through their customer account, if they have registered in the online store, by filling out the order form without registration. When placing an order, the buyer selects the goods, the quantity of goods, the method of payment, and delivery. Before sending the order, the buyer is allowed to check and change the data they have entered in the order. The buyer sends the order to the seller by clicking the "Order" button. The data provided in the order is considered correct by the seller. A condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have read these Terms and Conditions. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is automatic and is not considered a contract conclusion. The attachment to the confirmation is the seller's current Terms and Conditions. The purchase contract is concluded only after the seller accepts the order. The notification of order acceptance is sent to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is considered a contract conclusion. The attachment to the confirmation is the seller's current Terms and Conditions. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address. If the seller cannot fulfill any of the requirements stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller's email address specified in these Terms and Conditions. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of order acceptance by the seller. The buyer can cancel the order by phone at the seller's phone number or email provided in these Terms and Conditions. In case of an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer at this completely obviously incorrect price, even if the buyer received an automatic confirmation of order receipt according to these Terms and Conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance at the seller's email address. The goods in the online store are intended only for persons over 18 years of age. By granting consent upon entering the online store, the visitor confirms their legal age.

IV.

Customer Account

Based on the buyer's registration made in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration. When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The information provided in the user account must be updated by the buyer in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties. The buyer is not authorized to allow third parties to use the customer account. The seller may cancel a user account, especially if the buyer has not used their user account for an extended period or if the buyer violates their obligations under the purchase contract and these Terms and Conditions. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment or necessary maintenance of third-party hardware and software equipment.

V.

Payment Terms and Delivery of Goods

The price of goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways: by transfer to the seller's bank account 2902361533/2010, held at Fio banka a.s. in CZK by transfer to the seller's bank account 2102361543/2010, held at Fio banka a.s. in EUR cash on delivery in cash or by payment card upon delivery of goods to the customer by the carrier online card payment via the PayU.cz payment gateway in cash or by payment card when personally collecting goods at the brick-and-mortar store in Plzeň. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with delivering the goods. In the case of cash payment, the purchase price is payable upon receipt of goods. In the case of cashless payment, the purchase price is payable within three days of concluding the purchase contract. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before dispatching the goods is not an advance payment. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in case of technical failure, then no later than 48 hours. The goods are delivered to the buyer: to the address specified by the buyer in the order through a parcel delivery point to the address of the delivery point specified by the buyer. The choice of delivery method is made during the ordering process. The costs of delivering goods, depending on the method of dispatch and receipt of goods, are stated in the buyer's order and in the seller's order confirmation. If 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. If the seller is obliged under the purchase contract 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. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or the costs associated with a different method of delivery. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In case of finding a breach of the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to accept the shipment from the carrier. The seller issues a tax document – an invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is attached to the delivered goods in electronic form. The buyer acquires ownership rights to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Responsibility for accidental destruction, damage, or loss of goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

VI.

Withdrawal from the Contract

A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract. The withdrawal period is 14 days from the day of receipt of goods, from the day of receipt of the last delivery of goods if the contract concerns several types of goods or the delivery of several parts, from the day of receipt of the first delivery of goods if the contract concerns regular repeated delivery of goods. The buyer cannot withdraw from the purchase contract, among other things: for the provision of services, if they have been fulfilled with the buyer's prior express consent before the withdrawal period has expired and the seller has informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract, for the delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period, for the delivery of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will, for the delivery of goods that have been modified according to the buyer's wishes or for their person, for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, for the delivery of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygienic reasons, for the delivery of sound or video recordings or computer programs if the original packaging has been broken, for the delivery of newspapers, periodicals, or magazines, for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the withdrawal period has expired and the seller has informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract, in other cases specified in Section 1837 of the Civil Code. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address specified in these Terms and Conditions. The seller confirms to the buyer without undue delay the receipt of the form. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by their nature by regular postal means. If the buyer withdraws from the contract, the seller returns to them without undue delay, but no later than 14 days from the withdrawal from the contract, all monetary means, including delivery costs, received from them, in the same way. The seller returns the received monetary means to the buyer in another way only if the buyer agrees and if it does not incur additional costs. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller returns the delivery costs to the buyer in the amount corresponding to the cheapest offered method of delivery. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary means to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller. The goods must be returned by the buyer to the seller undamaged, unused, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer, or supplier of goods has discontinued the production or import of goods. The seller immediately informs the buyer via the email address provided in the order and returns all monetary means, including delivery costs, received from them under the contract, within 14 days of notification of withdrawal from the purchase contract, in the same way, or in a manner specified by the buyer.

VII.

Rights from Defective Performance

The seller is responsible to the buyer for ensuring 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 characteristics agreed upon by the parties, and in the absence of an agreement, have such characteristics as the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and based on the advertising carried out by them, the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used, the goods correspond in quality or design to the agreed sample or model if the quality or design was determined according to the agreed sample or model, the goods are in the appropriate quantity, measure, or weight and the goods comply with the requirements of legal regulations. If a defect becomes apparent within six months of receipt of goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods. In case of a defect, the buyer can submit a complaint to the seller and demand: replacement with new goods, repair of goods, a reasonable discount on the purchase price, withdrawal from the contract. The buyer has the right to withdraw from the contract, if the goods have a substantial defect, if the item cannot be properly used for repeated occurrence of the defect or defects after repair, in the case of a larger number of defects in the goods. The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or possibly at the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what the complaint contains, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and the duration of repair, or written justification for rejecting the complaint. The seller or an employee authorized by them decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for professional assessment of the defect. Complaints, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of exercising the complaint is considered the moment when the buyer's will (exercise of the right from defective performance) reaches the seller. The seller informs the buyer in writing about the result of the complaint. The right from defective performance does not apply 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. In the case of a justified complaint, the buyer is entitled to reimbursement of the costs reasonably incurred in connection with the complaint. The buyer can exercise this right with the seller within one month after the warranty period has expired. The choice of method of complaint handling belongs to the buyer. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII.

Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail. The buyer delivers correspondence to the seller at the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer at the email address specified in their customer account or in the order.

IX.

Out-of-Court Dispute Resolution

For out-of-court settlement of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR). The seller is authorized to sell goods based on a trade license. Trade control is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

X.

Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code. All rights to the seller's website, especially copyrights to content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or its part without the seller's consent. The seller is not responsible for errors resulting from third-party interventions in the online store or its use contrary to its purpose. The buyer must not use procedures that could negatively affect its operation when using the online store and must not perform any activity that could allow them or third parties to interfere with or use the software or other components forming the online store unlawfully and use the online store or its parts or software in a way that would be contrary to its purpose or intent. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible. The wording of the Terms and Conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions. The appendix to the Terms and Conditions is a sample form for withdrawal from the contract.

These Terms and Conditions come into effect on 5 February 2019.