General Terms and Conditions

General Terms and Conditions

These general terms and conditions (“Terms”) of Epoxybook s.r.o., registered office Vendolí 33 56914, Company ID No. 21394113, C 54211 kept by the Regional Court in Hradec Králové, e-mail objednavky@obchodprobydleni.cz, phone number +420 776 845 750 (the “We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded via the E-shop on the website www.obchodprobydleni.cz.

All information on the processing of your personal data is contained in the Privacy Policy.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in Czech. We may unilaterally amend or supplement the Terms. This does not affect rights and obligations arising during the effectiveness of the previous version of the Terms.

As you surely know, we primarily communicate remotely. Therefore, for our Agreement, means of distance communication are used, which allow us to agree without our and your simultaneous physical presence, and the Agreement is thus concluded remotely within the E-shop environment, via the website interface (the “web interface of the E-shop”).

If any part of the Terms conflicts with what we specifically agreed during your purchase process on our E-shop, that specific agreement shall take precedence over the Terms.

SOME DEFINITIONS
Price is the monetary amount you will pay for the Goods or Services;
Delivery Price is the monetary amount you will pay for delivery of the Goods, including packaging costs;
Total Price is the sum of the Price and the Delivery Price;
VAT is value added tax under applicable legislation;
Invoice is a tax document issued in accordance with the value added tax law for the Total Price;
Order is your irrevocable proposal to conclude an Agreement for the purchase of Goods or Services with Us;
User Account is an account created on the basis of the data you provide, enabling storage of the entered data and the history of ordered Goods and concluded Agreements;
You are the person purchasing on our E-shop, referred to by law as the buyer;
Goods or Services means everything that can be purchased on the E-shop.

GENERAL PROVISIONS AND NOTICE
Goods can be purchased only through the web interface of the E-shop.
When purchasing Goods, you are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information you provided when ordering the Goods to be correct and truthful.

III. CONCLUSION OF THE AGREEMENT

The Agreement with Us can be concluded only in the Czech language.
The Agreement is concluded remotely via the E-shop, and you bear the costs of using means of distance communication. These costs do not differ from the basic rate you pay for using such means (in particular for Internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By submitting an Order, you consent to our use of means of distance communication.
To conclude the Agreement, you must create an Order draft on the E-shop. This draft must include the following data:
a) Information about the Goods being purchased (on the E-shop you mark the Goods you wish to buy by clicking “Add to cart”);
b) Information about the Price, Delivery Price, the method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order draft in the E-shop user interface, and the information about the Price, Delivery Price and Total Price will be displayed automatically based on the Goods you have selected and the chosen delivery method;
c) Your identification and contact data for delivery of the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address;
d) In the case of an Agreement under which we will deliver Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
During creation of the Order draft, you may change and check the data until the draft is created. After checking, by pressing the “Order with obligation to pay” button, you create the Order. Before pressing the button, you must confirm that you have read and agree with these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for the confirmation and consent. After pressing “Order with obligation to pay”, all completed information will be sent directly to Us.
We will confirm your Order as soon as possible after it is delivered to Us by sending a message to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. Upon our confirmation of the Order, the Agreement between You and Us is concluded. The Terms effective on the date of the Order form an integral part of the Agreement.
There may also be cases when we cannot confirm your Order. This is especially where the Goods are unavailable or where you order more units of Goods than we allow. We will always provide information on the maximum quantity of Goods in the E-shop in advance, so it should not surprise you. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded when you confirm our offer.
If an obviously incorrect Price is stated in the E-shop or in the Order draft, we are not obliged to deliver the Goods to you at that Price even if you have received Order confirmation and the Agreement has thus been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or extra.
When the Agreement is concluded, you are obliged to pay the Total Price.
If you have a User Account, you may place an Order through it. Even then, you must check the accuracy, truthfulness and completeness of the pre-filled data. The Order creation process is the same as for a buyer without a User Account, with the advantage that you do not have to repeatedly fill in your identification data.
In some cases, we allow a discount to be used for the purchase of Goods. To obtain the discount, you must enter the discount details in the designated field within the Order draft. If you do so, the Goods will be provided with the discount.
USER ACCOUNT
Based on your registration within the E-shop, you can access your User Account.
When registering a User Account, you must enter all required data correctly and truthfully and update it in case of changes.
Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not provide them to anyone. If they are misused, we bear no liability.
The User Account is personal, and you are therefore not entitled to allow third parties to use it.
We may cancel your User Account, in particular if you do not use it for more than 24 months, or if you breach your obligations under the Agreement.
The User Account need not be available continuously, especially due to necessary maintenance of hardware and software.
PRICE AND PAYMENT TERMS, RETENTION OF TITLE
The Price is always shown in the E-shop, in the Order draft and, of course, in the Agreement. In case of a discrepancy between the Price shown with the Goods in the E-shop and the Price shown in the Order draft, the Price shown in the Order draft shall apply, which will always be identical to the price in the Agreement. The Order draft also shows the Delivery Price and any conditions for free delivery.
The Total Price is stated including VAT and all fees mandated by law.
We will require payment of the Total Price after the Agreement is concluded and before handing over the Goods. You may pay the Total Price by the following methods:
a) Bank transfer. We will send the payment details in the Order confirmation. In the case of bank transfer, the Total Price is due within 14 days.
b) Card online. In this case, payment is processed via the Shoptet payment gateway and is governed by the terms of that gateway, available at: Shoptet a.s. In the case of online card payment, the Total Price is due within 3 days.
c) Cash on delivery. In this case, payment is made upon delivery of the Goods against their handover. For cash on delivery, the Total Price is due upon receipt of the Goods.
d) Cash upon personal collection. Cash payment is possible when collecting the Goods at our premises. For cash payment upon personal collection, the Total Price is due upon receipt of the Goods or service.
An Invoice will be issued electronically after payment of the Total Price and sent to your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.
Title to the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of bank transfer, the Total Price is paid upon crediting to our account; in other cases, upon execution of the payment.
DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
The Goods will be delivered in the manner of your choice, from the following options:
a) Personal collection at our premises: Brněnec 53, Moravská Chrastová 569 04;
b) Personal collection at pickup points of Zásilkovna, DPD;
c) Delivery by carriers Zásilkovna, DPD;
Goods can be delivered only within the Czech Republic or to Slovakia.
The delivery time of the Goods always depends on their availability and on the chosen delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. The time indicated in the E-shop is for guidance only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail when the Goods are ready for pickup.
After taking over the Goods from the carrier, you must check the integrity of the packaging and, in case of any defects, immediately notify the carrier and Us. If there is a defect in the packaging indicating unauthorised tampering with the shipment, you are not obliged to accept the Goods from the carrier.
If you breach your obligation to take over the Goods, except in the cases under Article VI.4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods is not a withdrawal from the Agreement between Us and You. In such a case, we are entitled to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Agreement does not affect our claim for the Delivery Price or compensation for damage, if any.
If, for reasons on your side, the Goods are delivered repeatedly or by a method other than agreed in the Agreement, you are obliged to reimburse Us for the costs associated with such repeated delivery. We will send payment details to your e-mail address specified in the Agreement; payment is due 14 days from delivery of the e-mail.
The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in the cases under Article VI.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over but, for reasons on your side, did not. The transfer of risk means that from that moment you bear all consequences associated with loss, destruction, damage or any depreciation of the Goods.
If the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in case of:
a) an extraordinary production outage of the Goods, stating a new expected availability time or information that delivery of the Goods will not be possible;
b) delay in delivery of the Goods from our supplier, stating a new expected delivery time.
If we are unable to deliver the Goods even within 30 days after the delivery period stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Agreement.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We warrant that at the time the risk of damage passes to the Goods under Article VI.7 of the Terms, the Goods are free from defects, in particular that:
a) they have the characteristics we agreed with you, and if not expressly agreed, then such characteristics as we stated in the description of the Goods or as can be expected given the nature of the Goods;
b) they are suitable for the purposes we stated or for purposes customary for Goods of this type;
c) they correspond in quality or workmanship to an agreed sample, if quality or workmanship was determined according to a sample;
d) they are in the appropriate quantity and weight;
e) they meet the requirements imposed by legal regulations;
f) they are not encumbered by third-party rights.
The rights and obligations regarding rights from defective performance are governed by applicable generally binding legal regulations (in particular Sections 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).
If the Goods have a defect, especially if any of the conditions under Article VII.1 are not met, you may notify Us of such defect and exercise rights from defective performance (i.e., make a complaint) by sending an e-mail or letter to our addresses stated with our identification details. You may also use the complaint form provided by Us. When exercising the right from defective performance, you must choose how you want the defect resolved, and you may not subsequently change this choice without our consent, except in the cases under Article 7.4. We will handle the complaint in accordance with the right from defective performance you have exercised. If you do not choose a remedy, you have the rights set out in Article 7.5 even where the defective performance constituted a material breach of the Agreement.
If the defective performance is a material breach of the Agreement, you have the following rights:
a) to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods;
b) to have the defect removed by repair of the Goods;
c) to a reasonable discount on the Price;
d) to withdraw from the Agreement.

If you choose the remedies under points a) or b) and We do not remove the defect within a reasonable period we have stated, or we inform you that we will not remove the defect in that way at all, you have the rights under points c) and d), even if you did not originally request them in the complaint. Likewise, if you choose repair of the Goods and We find that the defect is irreparable, we will inform you and you may choose another remedy.

If the defective performance is a non-material breach of the Agreement, you have the following rights:
a) to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods;
b) to have the defect removed by repair of the Goods;
c) to a reasonable discount on the Price.

However, if we do not remove the defect in time or we refuse to remove it, you gain the right to withdraw from the Agreement. You may also withdraw if you cannot properly use the Goods due to a recurring defect after repair of the Goods or due to a larger number of defects in the Goods.

In the case of both material and non-material breach, you cannot withdraw from the Agreement or demand delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
a) the condition of the Goods changed as a result of inspection to determine the defect;
b) the Goods were used before the defect was discovered;
c) the impossibility of returning the Goods in an unchanged condition was not caused by your act or omission;
d) prior to discovering the defect, you sold, consumed or altered the Goods in the ordinary course of use; if only partially, you must return the part of the Goods that can be returned, and in such a case you will not be refunded the part of the Price corresponding to your benefit from the use of the part of the Goods.
Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received it, when we received it and the expected time to handle it. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The period may be extended by our mutual agreement. If the period expires in vain, you may withdraw from the Agreement.
We will inform you by e-mail about the handling of the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of shipping costs. If the defect is remedied by delivery of new Goods, you must return the original Goods to Us; we bear the costs of such return.
If you are entrepreneurs, you must notify and specify the defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
If you are consumers, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.
The provisions on rights from defects do not apply in the case of:
a) Goods sold at a lower Price for a defect for which the lower Price was agreed;
b) wear and tear of the Goods caused by their usual use;
c) used Goods, for a defect corresponding to the level of use or wear and tear that the Goods had when you took them over;
d) where it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways set out in this article or in other provisions of the Terms that expressly provide for the possibility of withdrawal.
If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving any reason within 14 days of delivery of the Goods. If we have concluded an Agreement the subject of which is several types of Goods or delivery of several parts of Goods, this period runs from the day of delivery of the last part of the Goods; and if we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, it runs from the day of delivery of the first delivery. You may withdraw from the Agreement in any demonstrable manner (in particular by sending an e-mail or letter to our addresses stated with our identification details). You may also use the model form provided by Us.
Even as a consumer, you cannot withdraw from the Agreement where its subject is:
a) Goods whose Price depends on fluctuations of the financial market beyond our control and which may occur during the withdrawal period;
b) supply of alcoholic beverages, which can be delivered only after thirty days and whose Price depends on financial market fluctuations beyond our control;
c) Goods modified according to your wishes or for your person;
d) Goods that are perishable and Goods that were irreversibly mixed with other goods after delivery;
e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygiene reasons;
f) supply of audio or video recording or computer program, if the original packaging has been breached;
g) supply of newspapers, periodicals or magazines;
h) supply of digital content not delivered on a tangible medium, if delivered with your prior express consent before the expiry of the withdrawal period and we informed you that you have no right to withdraw from the Agreement.
The withdrawal period under Article VIII.2 of the Terms is deemed observed if you send us the notice of withdrawal within that period.
In the event of withdrawal from the Agreement, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the notice of withdrawal. However, the amount will not be refunded before you return the Goods to Us or before you prove that they have been sent back to Us. Please return the Goods clean and, if possible, in their original packaging.
In the event of withdrawal under Article VIII.2 of the Terms, you must send the Goods to Us within 14 days of withdrawal and you bear the costs of returning the Goods to Us. You are entitled to a refund of the Delivery Price, but only up to the amount corresponding to the cheapest delivery method offered by Us. If you withdraw because We breached the concluded Agreement, we will also cover the costs of returning the Goods to Us, again only up to the Delivery Price corresponding to the cheapest delivery method we offered.
You are liable to Us for damage where the Goods are damaged as a result of your handling beyond what is necessary to ascertain their nature and characteristics. We will invoice the damage after the Goods are returned to Us; the invoiced amount is due within 14 days. If we have not yet refunded the Price, we are entitled to set off our claim for costs against your claim for refund of the Price.
We are entitled to withdraw from the Agreement at any time before delivering the Goods, if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third persons or reasons arising from the nature of the Goods), even before the period referred to in Article VI.9 of the Terms expires. We may also withdraw if it is apparent that you intentionally provided incorrect information in the Order. If you purchase goods in the course of your business activity, i.e., as an entrepreneur, we may withdraw at any time, even without giving a reason.
CONSUMER DISPUTE RESOLUTION
We are not bound in relation to buyers by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
We handle consumer complaints via the e-mail address objednavky@obchodprobydleni.cz. We will send information on the handling of a complaint to the buyer’s e-mail address.
The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer who is a consumer from a purchase agreement concluded by electronic means.
The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
FINAL PROVISIONS
If our legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. If you are consumers, your rights under legal regulations are not affected by this agreement.
All written correspondence with you will be delivered by e-mail. Our e-mail address is stated with our identification details. We will deliver correspondence to your e-mail address stated in the Agreement, in the User Account or from which you contacted us.
The Agreement may be amended only by our written agreement. However, we are entitled to change and supplement these Terms; such change does not affect Agreements already concluded, but only Agreements concluded after the change takes effect. We will inform you of the change only if you have a User Account (so that you have this information if you order new Goods; the change does not create a right of termination, since there is no Agreement between us that could be terminated).
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure; if the state of force majeure lasts longer than 10 days, both We and You have the right to withdraw from the Agreement.
Annexes to the Terms include a complaint form template and a withdrawal form template.
The Agreement, including the Terms, is archived electronically with Us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, so you will always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and the Terms.

These Terms take effect on 1 March 2025.

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