Terms and conditions

BUSINESS TERMS AND CONDITIONS

business company iOpraveno s.r.o. with registered office in České Budějovice 370 04, Company ID: 11855886
registered in the Commercial Register maintained by the Regional Court in České Budějovice, file number C 31414, for the sale of goods and services through the online store located at the internet address www.iopraveno.cz

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company iOpraveno s.r.o., with its registered office at České Budějovice 370 04, Pražská 53 , identification number: 11855886 , registered in the Commercial Register maintained by the Regional Court in České Budějovice, file number C 31414 (hereinafter referred to as the "seller") regulate, in accordance with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.iopraveno.cz (hereinafter referred to as the "website"), and through the interface of the website (hereinafter referred to as the "online store interface").

1.2. The terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within their business activity or within their independent professional practice.

1.3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous wording of the terms and conditions.

2. User account

2.1. Based on the buyer's registration made on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the buyer can also place orders for goods without registration directly from the store's web interface.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is required to update the information provided in the user account whenever it changes. The information provided by the buyer in the user account and when ordering goods is 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 their user account.

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

2.5. The seller may cancel the user account, especially in cases where the buyer breaches their obligations under the purchase contract (including the terms and conditions).

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

3. Conclusion of the purchase contract

3.1. All product presentations placed in the store's web interface are for informational purposes only, and the seller is not obliged to conclude a purchase contract regarding this product. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.

3.2. The online store interface contains information about the goods, including the prices of individual goods and the costs of returning goods if these goods cannot be returned by the usual postal method due to their nature. The prices of the goods are stated including value-added tax and all related fees. The prices of the goods remain valid for the duration they are displayed in the online store interface. 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 packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies 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 in the store's web interface. The order form contains, in particular, information about:

3.4.1. ordered goods (the ordered goods are "placed" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. method of payment for the purchase price of the goods, details of the requested method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is allowed to review and modify the data entered into the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "Order with obligation to pay" button. The data stated in the order are considered correct by the seller. The seller will promptly confirm receipt of the order to the buyer by email, to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's electronic address").

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

3.7. The contractual relationship between the seller and the buyer is established upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email, to the buyer's email address. 

3.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer for using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, costs for telephone calls) are borne by the buyer himself, provided that these costs do not differ from the basic rate.

4. Price of goods and payment terms

4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract may be paid by the buyer to the seller in the following ways:

- by cashless transfer to bank account number: 2002055186/2010, for EUR transfers the account 2402977614/2010 applies. Bank accounts are held at the company Fio banka, a.s.;

- in cash or by card on delivery at the place specified by the buyer in the order;

- via the secure payment gateway STRIPE, the payment gateway is managed by the company Stripe, Inc. Headquartered in Ireland (Dublin);

- via the PAYPAL electronic wallet, the wallet administrator is the company PayPal Holdings, Inc. based in the USA (San Jose);

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require the buyer to pay a deposit or any similar payment. This does not affect the provision of Article 4.4 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the buyer. The provision of § 2119 paragraph 1 of the Civil Code shall not apply.

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

4.6. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer regarding payments made based on the purchase contract. The seller iOpraveno s.r.o. is a value-added tax payer. The seller shall issue the tax document – invoice to the buyer after the payment of the price of the goods and send it in electronic form to the buyer's electronic address.

4.7. According to the Act on Sales Records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is required to record the received payment with the tax administrator online; in case of a technical failure, no later than within 48 hours.

5. Withdrawal from the purchase contract

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the delivery of goods that have been modified according to the buyer's wishes or for their person, from a purchase contract for the delivery of goods that are subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons, and from a purchase contract for the delivery of sound or visual recordings or computer programs if their original packaging has been violated.

5.2. Unless it is a case specified in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 paragraph 1 of the Civil Code, within thirty (30) days from the receipt of the goods, whereby if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer may send the withdrawal from the purchase contract, among other ways, to the seller's registered office address or via the complaint form at iopraveno.cz/reklamace

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the purchase contract is canceled from the outset. The goods must be returned by the buyer to the seller within sixty (60) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by the usual postal method due to their nature. If the buyer uses the return method offered by the Seller, all transportation costs are borne by the Seller. Return code through the contractual partner Zásilkovna s.r.o. - 97410338

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within ten (10) days of the buyer's withdrawal from the purchase contract, using the same method by which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or by another method, if the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

5.5. The seller is entitled to unilaterally offset the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, and this shall be done cashlessly to the account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift becomes ineffective and the buyer is obliged to return the provided gift to the seller along with the goods.

6. Transport and delivery of goods

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

6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. In the event that, due to reasons on the buyer's side, the goods need to be delivered repeatedly or in a manner different from that 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 the different method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. If any damage to the packaging indicating unauthorized entry into the shipment is found, the buyer may refuse to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

7. Rights from defective performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The seller guarantees to the buyer that the goods are free of defects at the time of receipt. In particular, the seller guarantees to the buyer that at the time the buyer took possession of the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have such properties as the seller or manufacturer described or which the buyer expected considering the nature of the goods and based on the advertising conducted by them,

7.2.2. the goods are suitable for the purpose for which the seller states they are intended or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure, or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the terms and conditions 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 of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, it is assumed 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.

7.5. The buyer exercises rights arising from defective performance with the seller at the address of the seller's registered office, where the acceptance of complaints is possible with regard to the assortment of goods sold, or alternatively at the registered office or place of business. 

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

7.7. The seller or manufacturer of the product in the seller's offer on the website address www.iopraveno.cz, does not take responsibility for damage to the customer's device, even when used properly.

7.8. The seller iOpraveno s.r.o., as the service provider, does not guarantee the maintenance of water resistance or waterproofing. Devices that have undergone our intervention are not covered by warranty for damage caused by water or moisture.

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2. The seller is not bound to the buyer by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. The seller handles consumer complaints via the email address servis@iopraveno.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.

8.4. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform available at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://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 online dispute resolution for consumer disputes).

8.6. The seller is authorized to sell goods based on a trade license. Trade inspections are conducted within their scope by the relevant trade office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

8.7. The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

8.8. The buyer agrees that the pickup period for the device is 12 months. The device, as a serviced item, serves as collateral for the obligation, and if the customer does not cooperate in its pickup, the seller has the right, after the pickup period has expired, to satisfy the claim using the collateral provided by the customer (the serviced device).

9. Personal Data Protection

9.1. 9.1. The seller fulfills its information obligation towards the buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the seller's public law obligations through a separate document.

10. Sending commercial communications and storing cookies

10.1. The buyer agrees to receive information related to goods, services, or the seller's business at the buyer's electronic address and further agrees to receive commercial communications from the seller at the buyer's electronic address. The seller fulfills its information obligation towards the buyer pursuant to Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications through a separate document.

10.2. The buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time. More about cookies here: iopraveno.cz/prohlaseni-o-pouziti-cookies

11. Delivery

11.1. The buyer may be delivered to the buyer's electronic address.

12. Final Provisions

12.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

12.2. By choosing the law according to Article 12.1 of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order from which it is not possible to deviate contractually, and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning most closely approximates the invalid provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

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

12.5. Seller's contact details: delivery address Včelná 373 82, Tikalova 735/1 or Pražská tř. 2103/53 České Budějovice 370 04

12.6. Email address mkouril@iopraveno.cz and pkouril@iopraveno.cz , phone +420 777 935 586.

In České Budějovice on 1. 1. 2023