Terms and conditions

I. Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) by:

Veronika Mitrenga
Company ID: 19151551
VAT ID: CZ8859265569
Registered office: Deblín 367, 66475
Registration number and registry office: 370305 – Municipal Office Tišnov
Contact details: Deblín 367, 66475
Email: info@mitroczech.cz
Phone: +420 774 424 780
Website: www.mitroczech.cz
(hereinafter referred to as the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the “Buyer”), through the web interface available on the website at www.mitroczech.cz (hereinafter referred to as the “Online Store”).

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Any differing arrangements in the purchase contract shall take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the catalog of the Online Store. Prices are listed including value-added tax (VAT), all related fees, and return shipping costs if the nature of the item prevents it from being returned by ordinary postal means. The prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not prevent the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of goods in the Online Store catalog is for informational purposes only, and the Seller is not obligated to enter into a purchase contract regarding these goods.

3. The Online Store provides information about the costs associated with packaging and delivery of goods. These costs apply only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

III. Order and Conclusion of the Purchase Contract

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

2. The Buyer orders goods in the following ways:

   • via their customer account, if they have previously registered in the Online Store,

   • by completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity, the method of payment, and the method of delivery.

4. Before submitting the order, the Buyer is allowed to check and change the information entered in the order. The order is submitted by clicking the "Order" button. The data provided in the order is considered correct by the Seller. A valid order requires the completion of all mandatory fields in the order form and confirmation by the Buyer that they have read and agree to these Terms and Conditions.

5. Immediately upon receipt of the order, the Seller shall send a confirmation of order receipt to the email address provided by the Buyer when placing the order. This confirmation is automatic and shall not be considered as the conclusion of the contract. The confirmation includes the current version of the Seller’s Terms and Conditions. The purchase contract is concluded only upon acceptance of the order by the Seller. A confirmation of acceptance will then be sent to the Buyer’s email address.

6. If the Seller cannot fulfill any of the requirements specified in the order, they will send an amended offer to the Buyer’s email address. The amended offer shall be considered a new draft of the purchase contract, and the contract is concluded upon confirmation of acceptance of the offer by the Buyer, sent to the Seller’s email address as listed in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until they receive confirmation of acceptance from the Seller. Orders may be canceled by phone or email using the contact details listed in these Terms and Conditions.

8. If there is an obvious technical error on the part of the Seller in stating the price of goods in the Online Store or during the ordering process, the Seller is not obligated to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer has received an automatic order confirmation. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer’s email address. The amended offer shall be considered a new draft of the purchase contract, and the contract is concluded upon confirmation of acceptance by the Buyer.

IV. Customer Account

1. Based on the Buyer's registration in the Online Store, the Buyer can access their customer account. From this account, the Buyer can place orders for goods. Goods can also be ordered without registration.

2. When registering for a customer account and when placing an order, the Buyer is obliged to provide all information accurately and truthfully. The Buyer must update the information in the user account upon any change. The Seller considers the information provided by the Buyer in the customer account and during the ordering process to be accurate.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information required to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

4. The Buyer is not authorized to allow the use of the customer account by third parties.

5. The Seller may cancel the user account, especially if the Buyer has not used it for an extended period, or if the Buyer violates their obligations under the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the customer account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software or that of third parties.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any associated costs related to the delivery of the goods under the purchase contract in the following ways:

   • by bank transfer to the Seller’s account No. 228918539/0600, held with Moneta Money Bank,

   • by card payment,

   • by bank transfer via a payment gateway (to be completed),

   • by card payment in person at a location agreed in advance.

2. Along with the purchase price, the Buyer is obliged to pay the Seller the agreed costs of packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price is understood to include the costs of delivery.

3. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.

4. When paying via a payment gateway, the Buyer proceeds according to the instructions of the respective electronic payment provider.

5. 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.

6. The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not considered an advance.

7. 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 within 48 hours at the latest.

8. The goods are delivered to the Buyer:

   • to the address specified by the Buyer in the order,

   • through a parcel pick-up point to the location selected by the Buyer,

   • by personal collection at a prearranged location.

9. The method of delivery is selected during the ordering process.

10. The delivery costs depending on the method of shipment and receipt of goods are specified in the Buyer’s order and in the order confirmation by the Seller. If the delivery method is agreed based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that method.

11. 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 delivery must be repeated or carried out in a manner other than stated in the order due to reasons on the Buyer’s side, the Buyer shall bear the costs associated with the repeated delivery or the alternative delivery method.

12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and in case of any defects, immediately notify the carrier. If the packaging shows signs of unauthorized tampering, the Buyer is not obliged to accept the shipment from the carrier.

13. The Seller shall issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer’s email address.

14. The Buyer acquires ownership of the goods upon full payment of the purchase price, including delivery costs, but not before taking possession of the goods. Responsibility for accidental destruction, damage, or loss of the goods passes to the Buyer at the time of acceptance of the goods or at the time the Buyer was obliged to take over the goods but failed to do so in breach of the contract.

VI. Withdrawal from the Contract

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

2. The withdrawal period is 14 days:

   • from the day of receipt of the goods,

   • from the day of receipt of the last delivery of goods, if the contract involves several types of goods or the delivery of several parts,

   • from the day of receipt of the first delivery of goods, if the contract involves regular repeated deliveries.

3. The Buyer may not withdraw from the purchase contract, among others, in the following cases:

   • for the provision of services, if they were fulfilled with the Buyer's prior explicit consent before the withdrawal period expired and the Seller informed the Buyer that there is no right of withdrawal,

   • for the supply of goods or services, the price of which depends on fluctuations in the financial market beyond the Seller’s control,

   • for the supply of alcoholic beverages to be delivered only after 30 days and whose price depends on market fluctuations,

   • for the delivery of goods made according to the Buyer's specifications or clearly customized,

   • for the delivery of perishable goods or goods that were irreversibly mixed with other goods after delivery,

   • for the delivery of sealed goods which were unsealed after delivery and cannot be returned for hygiene reasons,

   • for the delivery of audio or video recordings or computer software if their original packaging has been opened,

   • for the delivery of newspapers, periodicals, or magazines,

   • for the supply of digital content not delivered on a physical medium, if it was delivered with the Buyer's prior explicit consent before the withdrawal period expired and the Seller informed the Buyer that there is no right of withdrawal,

   • and in other cases defined in Section 1837 of the Civil Code.

4. To meet the deadline for withdrawal from the contract, the Buyer must send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal to the Seller's email or mailing address specified in these Terms and Conditions. The Seller will promptly confirm receipt of the form.

6. A Buyer who withdraws from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal. The Buyer bears the costs of returning the goods, even if the goods cannot be returned by regular postal service due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days from the withdrawal. The Seller shall return the payment using the same method used by the Buyer, unless the Buyer agrees to another method and it does not incur additional costs.

8. If the Buyer selected a more expensive delivery method than the cheapest one offered, the Seller shall only refund the cost equivalent to the cheapest offered delivery method.

9. The Seller is not obliged to return any payment before the Buyer has returned the goods or proven that the goods were sent to the Seller.

10. The Buyer must return the goods undamaged, unused, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage against the Buyer’s claim for a refund of the purchase price.

11. The Seller has the right to withdraw from the purchase contract in case of stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or delivery. The Seller shall inform the Buyer via email and return all payments, including delivery costs, received under the contract within 14 days from the notice of withdrawal, using the same method or one agreed upon with the Buyer.

VII. Rights Arising from Defective Performance

1. The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon delivery. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:

   • the goods have the properties that the parties agreed upon; if such an agreement is missing, the goods have the properties described by the Seller or manufacturer, or those expected by the Buyer based on the nature of the goods and related advertising,

   • the goods are suitable for the purpose stated by the Seller or for which such goods are normally used,

   • the goods correspond in quality or design to the agreed sample or model, if quality or design was determined according to a sample or model,

   • the goods are in the appropriate quantity, measure, or weight, and comply with legal requirements.

2. The Seller’s obligations regarding defective performance are at least as extensive as the manufacturer's obligations. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four (24) months of receipt.

3. If a use-by period is indicated on the goods, their packaging, the instructions, or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. Under the quality guarantee, the Seller undertakes that the goods will be suitable for normal use or retain their usual properties for a certain period. If the Buyer rightly claims a defect, the period for asserting rights from defective performance and the warranty period do not run for the duration the Buyer cannot use the defective goods.

4. The provisions above shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over, or if this follows from the nature of the goods. The Buyer has no rights from defective performance if they knew about the defect before taking over the goods or caused the defect themselves.

5. In the event of a defect, the Buyer may submit a complaint and request:

   • replacement with new goods,

   • repair of the goods,

   • a reasonable discount on the purchase price,

   • or withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract if:

   • the goods have a substantial defect,

   • the Buyer cannot use the item properly due to a recurring defect after repair,

   • there are multiple defects simultaneously.

7. A substantial breach of contract is such a breach where the breaching party knew or must have known at the time of the contract’s conclusion that the other party would not have entered into the contract had they foreseen the breach.

8. In the case of a non-substantial defect (whether repairable or not), the Buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

9. If a repairable defect reoccurs after repair (usually the third complaint for the same defect or the fourth for different defects), or if the goods have multiple defects (usually three or more simultaneously), the Buyer may demand a discount, replacement, or withdraw from the contract.

10. When filing a complaint, the Buyer must inform the Seller which right they have chosen. Changing the choice without the Seller’s consent is possible only if the Buyer has requested repair of a defect that proves to be unrepairable. If the Buyer does not timely choose their right in the case of a substantial breach, they have the same rights as in the case of a non-substantial breach.

11. If repair or replacement is not possible, the Buyer may request a full refund of the purchase price based on withdrawal from the contract.

12. If the Seller proves that the Buyer knew about the defect before taking over the goods or caused it themselves, the Seller is not obliged to satisfy the Buyer’s claim.

13. The Buyer cannot claim a defect in goods sold at a lower price due to that defect.

14. The Seller is obliged to accept complaints at any of their premises where complaints can be accepted, possibly also at their registered office or place of business. The Seller must issue the Buyer with a written confirmation of when the Buyer exercised their right, what the complaint concerns, and how the complaint is to be handled, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

15. The Seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect. Complaints, including resolution, must be processed without undue delay, no later than 30 days from the date of the complaint, unless agreed otherwise with the Buyer. Failure to meet this deadline is considered a substantial breach of contract and entitles the Buyer to withdraw from the contract. The moment a complaint is lodged is considered to be when the Seller receives the Buyer’s expression of will (complaint).

16. The Seller shall inform the Buyer in writing about the result of the complaint.

17. The Buyer has no right arising from defective performance if the defect was known before the takeover or caused by the Buyer.

18. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred expenses related to the complaint. This right may be claimed within one month after the warranty period has expired; otherwise, the court may not award it.

19. The choice of how the complaint is resolved lies with the Buyer.

20. The rights and obligations of the parties concerning rights from defective performance are governed by Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

21. Additional rights and obligations related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.

VIII. Delivery of Correspondence

1. The contractual parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address listed in the Buyer’s customer account or specified in the order.

Pokračuji na IX. Personal Data.

IX. Personal Data

1. All information you provide during our cooperation is considered confidential, and we will treat it as such. Unless you give us written consent, we will not use your data for any purpose other than to fulfill the contract — with the exception of your email address, which may be used to send commercial communications, as allowed by law, unless you opt out. These communications will relate only to similar or related products, and you may unsubscribe at any time in a simple way (by sending a letter, email, or clicking a link in the commercial message). For this purpose, your email address will be stored for 3 years from the conclusion of the last contract between the parties.

2. More detailed information about the protection of personal data can be found in our Privacy Policy.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may also be used for resolving disputes between the Seller and the Buyer arising from purchase contracts.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point 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. / This part of the text is only for testing. If you're reading this, you deserve this v0ucher: 155en57010

3. The Seller is authorized to sell goods based on a trade license. Trade licensing inspections are carried out by the relevant trade licensing office within its jurisdiction. The Czech Trade Inspection Authority also supervises, to a limited extent, compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final Provisions

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

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

3. All rights to the Seller’s website, especially copyright to the content, layout, photographs, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Seller’s consent.

4. The Seller is not liable for errors resulting from third-party interference with the Online Store or its use contrary to its intended purpose. The Buyer must not use any procedures when using the Online Store that could negatively affect its operation. The Buyer may not perform any activity that would allow them or third parties to interfere with or use the software or other components of the Online Store unlawfully and must not use the Online Store or any part thereof or the software in a manner that would be contrary to its purpose or intent.

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

6. The purchase contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This does not affect the rights and obligations that arose during the validity of the previous version of the Terms and Conditions.

8. A sample Withdrawal from the Contract form is attached to these Terms and Conditions.

These Terms and Conditions come into effect on 2 February 2022.