Terms and Conditions

 TERMS AND CONDITIONS

of the company JTK s.r.o.

with its registered office at Nádražní 271, 253 01 Hostivice

Identification Number: 44267827

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 7365

for the sale of goods via the online store located at the web addresses profilmare.cz and jtk.cz

 

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to asthe “Terms and Conditions”) ofJTK s.r.o., with its registered office atNádražní 271, 253 01 Hostivice, identification number44267827, registered in the Commercial Register maintainedbytheMunicipalCourt in Prague, Section C, File 7365(hereinafter referred to asthe “Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to asthe “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to asthe “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to asthe “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at the internet address profilmare.cz or jtk.cz(hereinafter referred to asthe “Website”), specifically through the Website interface (hereinafter referred to asthe “Store Interface”).

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activities or within the scope of their independent professional practice.

1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the purchase agreement. The purchase agreement and the Terms and Conditions are drafted in the Czech language. The purchase agreement may be concluded in the Czech language.

1.5. The Seller may amend or supplement the text of the Terms and Conditions. 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. Upon registering on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to asthe “user account”). If the store’s web interface allows it, the buyer may 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 required to provide all information correctly and truthfully. The buyer is required to update the information in the user account whenever any changes occur. 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 required 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 at its discretion, particularly if the Buyer breaches their obligations under the purchase agreement (including the Terms and Conditions).

2.6.   The Buyer acknowledges that the user account may not be available continuously, particularly in light of necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

 

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All product presentations on the store’s website are for informational purposes only, and the seller is under no obligation to enter into a purchase agreement regarding such products. The provisions of Section 1732(2) of the Civil Code do not apply.

3.2. The store’s website contains information about the goods, including the prices of individual items and the costs of returning goods if such goods, by their nature, cannot be returned via standard postal services. The prices of the goods are listed inclusive of value-added tax and all related fees. The prices of the goods remain valid for as long as they are displayed on the store’s website. This provision does not limit the seller’s ability to conclude a purchase agreement under individually negotiated terms.

3.3. The store’s website also contains information about the costs associated with packaging and delivery of the goods. The information regarding costs associated with packaging and delivery of goods listed on the store’s website 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 on the store’s website. The order form contains, in particular, information about:

3.4.1. the goods being ordered (the buyer “adds” the ordered goods to the electronic shopping cart on the store’s website),

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

3.4.3. information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to asthe “order”)

3.5.   Before sending the order to the seller, the buyer is allowed to review and modify the information entered into the order, including the ability to identify and correct errors made while entering data into the order. The buyer submits the order to the seller by clicking the "Complete Order" button. The information provided in the order is considered correct by the seller. Immediately upon receiving the order, the Seller shall confirm receipt to the Buyer via email, specifically to the email address provided by the Buyer in the user account or in the order (hereinafter referred to asthe “Buyer’s email address”).

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled 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 order confirmation (acceptance), which the Seller sends to the Buyer via email to the Buyer’s email address.

3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the standard rate.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:

• by bank transfer to the seller’s account specified on the pro forma invoice and order confirmation (hereinafter referred to asthe “seller’s account”);
• by bank transfer via the selected payment system 
• by credit card;

4.2.   In addition to the purchase price, the buyer is obligated to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is further understood to include the costs associated with the delivery of the goods.

4.3. The seller does not require the buyer to make a deposit or any other similar payment. This does not affect the provision of Article 4.5 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of a non-cash payment, the buyer is obligated to pay the purchase price of the goods along with the payment reference number. In the case of a non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the Seller’s account.

4.5. The seller is entitled, particularly if the buyer fails to provide additional confirmation of the order (Section 3.6), to demand payment of the full purchase price prior to the handover or shipment of the goods to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If it is customary in business dealings or if so required by generally binding legal regulations, the Seller shall issue a tax document—an invoice—to the Buyer regarding payments made under the purchase agreement. The Seller is a value-added tax payer. The Seller will issue a tax document—an invoice—to the Buyer after payment of the price of the goods and will send it in electronic form to the Buyer’s email address.

 

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 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 the Buyer’s personal use, from a purchase contract for the delivery of goods that are perishable, as well as goods that have been irrevocably mixed with other goods after delivery, from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the delivery of audio or video recordings or a computer program, if the consumer has broken the original packaging.

5.2.   Unless the case falls under Article 5.1 of the Terms and Conditions or another case where withdrawal from the purchase contract is not permitted, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, within fourteen (14) days of receiving the goods; however, if the purchase agreement covers multiple types of goods or the delivery of multiple parts, this period begins on the day the last delivery of goods is received. Notice of withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence. To withdraw from the purchase agreement, the buyer may use the sample form provided by the seller, which is attached to these Terms and Conditions. The buyer may send the notice of withdrawal from the purchase agreement, among other places, to the seller’s business address or to the seller’s email addressshop@jtk.cz.

5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the purchase agreement is canceled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.

5.4. In the event of withdrawal from the contract pursuant to Section 5.2 of the Terms and Conditions, the seller shall refund the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to refund the payment made by the Buyer upon the Buyer’s return of the goods or by other means, provided the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obligated to return the funds received to the buyer before the buyer returns the goods to the seller or proves that the goods have been shipped to the seller.

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage 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 agreement in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time, up until the buyer takes delivery of the goods. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded subject to the condition subsequent that, if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift shall cease to be effective, and the buyer is obligated to return the gift provided to the seller together with the goods.

 

6. SHIPPING AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obligated under the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.

6.3. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with the alternative delivery method.

6.4. Upon accepting the goods from the carrier, the buyer is obligated to check that the packaging is intact and, in the event of any defects, to immediately notify the carrier. If the packaging is found to be damaged in a manner indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties regarding the transport of goods may be governed by the seller’s special delivery terms, if issued by the seller.

6.6. Permitted methods of transport are via a shipping company or personal pickup at our distribution warehouse at the address listed above.

 

7. RIGHTS ARISING 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 Sections 1914 to 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller warrants to the Buyer that the goods are free from defects upon delivery. In particular, the Seller warrants to the Buyer that at the time the Buyer took delivery of the goods:

7.2.1. the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement, possess the characteristics described by the seller or manufacturer or which the buyer expected given the nature of the goods and based on the seller’s or manufacturer’s advertising,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are typically used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined based on 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 legal requirements.

7.3. If a defect becomes apparent within six months of acceptance, the goods are deemed to have been defective at the time of acceptance. The buyer is entitled to assert a claim for a defect that occurs in consumer goods within twenty-four months of acceptance.

7.4. The seller’s obligations arising from defective performance extend at least to the same extent as the manufacturer’s obligations arising from defective performance. Otherwise, the buyer is entitled to exercise their rights arising from defects that occur in consumer goods within twenty-four months of receipt. If the period during which the goods may be used is specified on the goods being sold, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal regulations, the provisions regarding the quality guarantee shall apply. By providing a quality guarantee, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual characteristics. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the duration during which the buyer cannot use the defective goods.

7.5. The provisions set forth in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed upon, 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 and tear the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods. The buyer is not entitled to rights arising from defective performance if the buyer knew that the goods were defective prior to taking delivery of them, or if the buyer caused the defect themselves.

7.6. Rights arising from liability for defects in goods shall be asserted against the seller. However, if the confirmation issued by the seller regarding the scope of rights arising from liability for defects (within the meaning of Section 2166 of the Civil Code) specifies another person designated to perform the repair, who is located at the seller’s place of business or at a location closer to the buyer, the buyer shall exercise the right to repair with the person designated to perform the repair. Except in cases where another person is designated to perform the repair pursuant to the preceding sentence, the seller is obligated to accept the complaint at any business location where acceptance of the complaint is possible given the range of products sold or services provided, or at the seller’s registered office or place of business. The seller is obligated to provide the buyer with written confirmation of when the buyer exercised the right, the content of the complaint, and the method of resolution requested by the buyer; as well as confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.

7.7. The buyer shall exercise their rights arising from defective performance with the seller at the address of the seller’s place of business, by telephone at+420 739293919, orby email atshop@jtk.cz.

7.8. The buyer shall inform the seller of the remedy chosen upon notification of the defect or without undue delay after such notification. The buyer may not change the choice made without the seller’s consent; this does not apply if the buyer requested repair of a defect that proves to be irreparable.

7.9.   If the goods do not possess the characteristics specified in Article 7.2 of the Terms and Conditions, the buyer may also request delivery of new goods free of defects, provided this is not disproportionate given the nature of the defect; however, if the defect concerns only a component of the goods, the buyer may only request replacement of the component; if this is not possible, the buyer may withdraw from the contract. However, if this is disproportionate given the nature of the defect, particularly if the defect can be remedied without undue delay, the buyer has the right to have the defect remedied free of charge. The buyer also has the right to delivery of new goods or replacement of a part in the case of a removable defect if the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods free of defects, to replacement of a part, or to repair of the goods, they may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods free of defects, replace a part, or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if remedying the situation would cause the buyer significant difficulties.

7.10. Whoever is entitled under Section 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiration of the period in which the defect must be reported, the court will not grant the right if the seller objects that the right to compensation was not exercised in a timely manner.

7.11. Additional rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaint procedure.

 

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 by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The Seller handles consumer complaints via the email addressshop@jtk.cz. The Seller will send information regarding the resolution of the Buyer’s complaint to the Buyer’s email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website:http://www.coi.cz/. The online dispute resolution platform located athttp://ec.europa.eu/consumers/odr/may be used to resolve disputes between the seller and the buyer arising from the purchase agreement.

8.5. The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website:http://www.evropskyspotrebitel.cz/, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 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 by the competent trade licensing office within its jurisdiction. Supervision of the area 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 a defined scope.

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

 

9. PROTECTION OF PERSONAL DATA

9.1.   We fulfill our duty to inform the buyer within the meaning of 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 the “GDPR”) regarding the processing of the buyer’s personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiating the purchase agreement, and for the purposes of fulfilling the seller’s public law obligations is fulfilled by the seller through a separate document.

 

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer consents, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s email address or telephone number. The Seller fulfills its duty to inform the Buyer pursuant to Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications through a separate document.[JA1] 

10.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and for the seller to fulfill its obligations under the purchase agreement without cookies being stored on the buyer’s computer, the buyer may revoke the consent referred to in the preceding sentence at any time.

 

11. DELIVERY

11.1. Deliveries to the Buyer may be sent to the Buyer’s email address.

 

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

12.2. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. A sample form for withdrawing from the purchase agreement is attached to the Terms and Conditions.

12.5.   Seller’s contact information: mailing addressJTK s.r.o., Nádražní 271, 253 01 Hostivice, email addressshop@jtk.cz, phone +420739293919.