Terms and Conditions
Shop operator: MACEK a SYN, s.r.o.
Company Headquarters: U Pošty 290, 696 02 Ratíškovice
Company ID: 25586262
Data box: eucjm69
Registered: Registered with the Commercial Register in Brno, Section C, Insert 36016
Telephone contact: +420 771 200 177
E-mail: podpora@macekasyn.cz
1. General provisions
1.1 These terms and conditions apply to purchases in the online shop www.eshop.macekasyn.cz The terms and conditions further define and specify the rights and obligations of the seller (operator, supplier) and the buyer.
1.2 If the buyer is an entrepreneur, other terms and conditions may apply to the relationship between the buyer and the seller, which are described in more detail in this document.
1.3 The operator of the online shop is MACEK a SYN, s.r.o, registered at the Regional Court in Brno, file mark C, with registered office at U Pošty 290, 696 02 Ratiskovice, ID No.: 25586262.
1.4 All contractual relations are concluded in accordance with the legal order of the Czech Republic.
2Definition of terms
2.1 Consumer contract - is a purchase contract, a contract for work, or other contracts, if the contracting parties are a consumer on the one hand and a businessman on the other.
2.2 Supplier/seller - is a person who, when concluding and performing a contract, acts within the scope of his trade or other business activity. It is an entrepreneur who directly or through other entrepreneurs supplies goods or services to the buyer. The customer of our online shop is the buyer. In view of the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is an entrepreneur.
2.3 A buyer - a consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him. If the contracting party is a consumer, the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.) shall govern relations not governed by the Terms and Conditions. Excerpts from these laws can be found under this section of the Terms and Conditions.
2.4 Buyer - an entrepreneur is a buyer who purchases products or uses services for the purpose of his business in accordance with Section 420 of the Civil Code. The special provisions on the sale of goods to consumers do not apply to regulate the relationship between the seller and the buyer-entrepreneur, with the exception of the provisions of § 2160, which expressly apply to the relationship between the seller and the buyer-entrepreneur. Furthermore, the provisions on distance contracts and contracts concluded away from business premises (Part Four, Title I, Part 4, Section 2), in particular the provisions of Section 1829 et seq. of the Civil Code, shall not apply to the relationship between the seller and the buyer-entrepreneur.) For the relationship between the seller and the buyer-entrepreneur, the provisions of Section 1924 of the Civil Code are expressly excluded; the buyer-entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a complaint. Furthermore, the purchaser-entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with Section 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally related to the product. The Consumer Protection Act (No. 634/1992 Coll.) does not apply to the relationship between the Buyer - entrepreneur and the Seller.
2.5 Purchase contract - All presentation of goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. The conclusion of the purchase contract does not take place when the buyer sends the order to the seller. The contract of sale shall be formed at the moment of confirmation of the buyer's order by the seller. From this moment on, the mutual rights and obligations between the Buyer and the Seller are defined in the Purchase Agreement and the Terms and Conditions, which are an integral part of this Agreement. The conclusion of a contract of sale without negotiation of all its requirements stipulated by the Civil Code is excluded within the meaning of the provisions of Section 1726 of the Civil Code. The Seller further excludes the acceptance of an offer with an amendment or deviation in accordance with Section 1740(3) of the Civil Code.
2.6 User account:
- The Buyer-Consumer can access his/her user interface by registering on the website. From his/her user interface, the Buyer-Consumer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer-Consumer can also order goods without registration directly from the web interface of the Shop.
- When registering on the website and when ordering goods, the Buyer-Consumer is obliged to provide correct and truthful information. The Buyer-Consumer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer-Consumer in the user account and when ordering goods is considered correct by the Seller.
- Access to the user account is secured by a user name and password. The buyer-consumer is obliged to maintain confidentiality regarding the information necessary to access his user account.
- The Buyer-Consumer is not entitled to allow third parties to use the user account.
- The Seller may cancel the user account, in particular if the Buyer-Consumer no longer uses his/her user account or if the Buyer-Consumer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
- The Buyer-Consumer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
3 Information on the concluded contract and the terms and conditions
3.1 By concluding the purchase contract, the buyer confirms that he has read these terms and conditions and that he agrees to them. These terms and conditions form an integral part of the concluded contract. Upon completion of the order, an e-mail confirmation of this order will be sent to the buyer. This confirmation is accompanied by the current version of the Terms and Conditions and the Privacy Policy[KJ1] . The moment of conclusion of the purchase contract is deemed to be the moment of confirmation of the order by the Seller.
3.2 The contract is concluded in the Czech language; unless circumstances on the part of the Seller or the Buyer prevent it, the contract may also be concluded in another language understandable to the parties. The concluded contract is archived by the Seller in accordance with the relevant legal regulations for the purpose of its successful completion or for other purposes (see the Privacy Policy for more information) and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is apparent from the ordering process in our online shop and the Buyer has the opportunity to check and, if necessary, correct the order before actually sending it. These terms and conditions are displayed on the website of our webshop and are thus made available for archiving and reproduction by the buyer. The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the telecommunications tariff used by the customer.
3.3 The online shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To conclude a purchase contract (i.e. to order the goods or to create an order), the buyer fills in the order form in the online shop. The order form contains in particular information about:
- the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart),
- the method of payment of the purchase price of the goods,
- the desired method of delivery of the ordered goods; and
- the costs associated with the delivery of the goods
3.6 According to the amendment to Act No. 235/2004 Coll., on value added tax, the data in the tax document (invoice) already issued cannot be changed as of 1 January 2013. The data in the tax document (invoice) can only be changed if the customer has not yet received the goods and has not paid.
3.7 In accordance with Act No. 542/2020 Coll., on end-of-life products, the Seller takes back used electrical equipment from its customers for ecological disposal.
4. Delivery of goods
4.1 Delivery methods depend on the size of the shipment and its weight. The goods are transported by GLS, Zásilkovna and TOPTRANS.
4.2 In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
4.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or by a different method than 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 a different method of delivery.
4.4 The place of delivery is determined on the basis of the Buyer's order. The delivery of the goods to the address specified shall be deemed to have been fulfilled.
4.5 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and shall notify the carrier immediately in the event of any defects. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
4.6 The shipment of goods shall normally contain a tax document (invoice) and instructions for use of the product in the Czech language. When receiving the goods from the shipping service or post office, always check carefully the integrity of the shipping packaging. If the packaging is damaged, please indicate this information in the handover report of the transport service or post office.
4.7 Shipping prices are inclusive of VAT.
4.8 In the event that any method of transport is chosen, where the goods are transported to the address provided by the purchaser, the transport can only be carried out to the specified place if this is factually possible with regard to the spatial delimitation of the place of delivery. Thus, the size of the plot, the gate, etc. must make delivery practically possible. If delivery is not actually possible, the goods shall be left at the place where delivery is actually possible.
5. Payment terms
5.1 Methods of payment
a) in cash at the Seller's premises at Za Mlýnem 1418, 696 02 Ratíškovice;
b) in cash on delivery at the place specified by the Buyer in the order;
c) by wire transfer to the Seller's account;
d) in cash via the ePlatba+ service, which redirects the customer to the internet banking of his bank. The customer sends the payment via "internet banking". Money transfers are made through ThePay's account. The sensitive input data that the buyer enters into the internet banking system is protected by the banks' payment gateways and does not enter the third-party environment. The payment processors only see the transaction information that the bank communicates to them with the submitted transaction.
(e) via credit provided by a third party.
5.2 In the event that the customer chooses to pay in advance, the seller will wait to ship the goods until the customer's obligation to make payment has been fulfilled. Making payment means crediting the Seller's account with the full amount under the Contract.
5.3 All prices are final and are inclusive of VAT and allowances for the disposal of historical electrical waste or other charges payable by the Buyer for the Goods.
5.4 The Seller shall be entitled to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
6. Withdrawal from the contract by the buyer who is a consumer
6.1 In accordance with § 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving reasons within 14 days from the date of conclusion of the contract.
6.2 If the subject of the commitment is the purchase of goods, the period expires on the expiry of 14 days from the date on which the consumer or a third party appointed by him, other than the carrier, takes delivery of the goods, or
(a) the last piece of goods if the consumer orders more than one piece of goods in one order, which are delivered separately,
(b) the last item or part of a delivery of goods consisting of several items or parts; or
(c) the first delivery of the goods if the contract provides for a regular delivery of the goods over an agreed period of time.
If the buyer decides to withdraw within this period and complies with the following
the conditions, the purchase price and the cost of the cheapest method of delivery offered from the seller to the buyer will be refunded. The Buyer may send the withdrawal from the Purchase Contract to the Seller's business address or to the Seller's e-mail address podpora@macekasyn.cz.
6.3 In accordance with § 1820 (1) (j) and § 1832 (3), the consumer shall bear the costs of returning the goods when withdrawing from the purchase contract pursuant to § 1829 et seq. If you decide to withdraw within this period, a notice of withdrawal must be sent to the seller no later than the 14th day after receipt of the goods.
6.4 The money for the goods and the cost of the cheapest delivery method offered by the online shop will be refunded to you in the same way as it was received, within 14 days of withdrawal. The Seller shall not be obliged to reimburse the Buyer for any monies spent before the Buyer has handed over the Goods to the Seller or proved that they have dispatched the Goods to the Seller.
6.5 If the value of the goods has been diminished (the goods have been partially consumed or worn out as a result of handling the goods in a manner other than that necessary to familiarise oneself with the nature, characteristics and functionality of the goods; the goods are incomplete or have been damaged), the Buyer shall be obliged to compensate the Buyer in money for the demonstrably missing value. The seller is entitled to set off against the purchase price the amount representing the compensation for the damage incurred by him by using the goods in violation of § 1833.
If the consumer withdraws from a contract the subject matter of which is the provision of services and the entrepreneur has begun performance at the express request of the consumer before the expiry of the withdrawal period, he shall reimburse the entrepreneur the normal price of what has been provided.
6.6 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract shall cease to be effective in respect of such gift and the buyer shall be obliged to return the gift provided together with the goods to the seller. If the Buyer fails to return the gift within the time limit set by the Seller, the Seller shall have the right to continue to recover the amount corresponding to the value of the unreturned product.
6.7 If additional goods are sold with the goods at a highly discounted promotional price (e.g. 1 CZK), the contract of sale, the subject of which is these discounted promotional goods, shall be deemed to be concluded with a resolutive condition, and if the contract of sale, the subject of which was the goods to which the goods were sold at a discounted promotional price, is withdrawn, the contract of sale regarding the discounted promotional goods shall cease to be effective and the buyer shall be obliged to return the goods at the discounted promotional price to the seller and the seller shall refund the purchase price of these discounted promotional goods to the buyer. If the Buyer does not return the highly discounted goods within the time limit set by the Seller, the Seller shall have the right to continue to recover the amount corresponding to the value of the unreturned product.
6.8 If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
6.9 The Buyer is not entitled to withdraw from the concluded contract within the meaning of Section 1837 of the Civil Code:
(a) for the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has instructed the consumer prior to the conclusion of the contract that the provision of the performance extinguishes the right to withdraw from the contract
(b) the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period
(c) the supply of alcoholic beverages, the price of which was agreed at the time the contract was concluded, with the proviso that delivery may not take place until after a period of thirty days has elapsed, and the actual value of which depends on market fluctuations independent of the entrepreneur's will
(d) the supply of goods made to the consumer's requirements or adapted to his personal needs
(e) the supply of perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery
(f) for urgent repair or maintenance to be carried out at a place designated by the consumer at his express request; this shall not apply, however, to the carrying out of repairs other than those requested or to the supply of goods other than spare parts necessary to carry out the repair or maintenance,
(g) the supply of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the consumer
(h) the supply of an audio or visual recording or a computer program in sealed packaging if the consumer has broken it
(i) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply
(j) for accommodation, carriage of goods, hire of a means of transport, meals or leisure activities, if the contract is to be performed on a specific date or within a specific period
(k) concluded by public auction under any other law at which the consumer may be physically present
(l) for the supply of digital content which is not delivered on a tangible medium, after performance has begun; in the case of performance for consideration, if it has begun with the prior express consent of the consumer before the expiry of the withdrawal period, the consumer has been informed that the right to withdraw from the contract is thereby extinguished and the entrepreneur has provided him with a confirmation pursuant to Article 1824a(1) and (2) or Article 1828(3) and (4).".
7. Withdrawal from the contract by the supplier/seller
7.1 The Seller shall be entitled to withdraw from the contract concluded with the Customer in the following cases: the goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly, or it is not possible to deliver the goods to the Seller from the Seller's supplier at the originally stated price, as well as in the case of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/type of goods). An obvious error in the price of the goods is considered to be, for example, an erroneous inclusion of the first three digits instead of four; a price that is one digit lower (e.g. one digit is "dropped" when the price is given); an obviously low price of the goods (e.g. a price that is 50% lower than the usual price for this type and type of goods without indicating that the goods are on sale or on another discount); and other obvious typing errors, obvious errors in the description of the goods, the picture, etc, or in the case of manifestly erroneous information given by a customer service operator.
7.2 In the event that such a situation arises, the Seller will contact the Buyer immediately to agree on a course of action. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account or address as soon as possible and within 14 days of the Seller's cancellation of the order.
7.3 The Seller shall also be entitled to withdraw from the Purchase Contract or part thereof if the Buyer fails to provide the Seller with proper cooperation for the purpose of fulfilling the Purchase Contract.
7.4 The Buyer-Consumer is only entitled to purchase a quantity that corresponds to the normal operation of the household. The goods purchased by the Buyer-Consumer are not intended for industrial or professional use. The goods purchased by the Consumer Buyer are not intended for resale. If the Buyer-Consumer orders or purchases a quantity that does not correspond to the normal operation of the household, or the Seller considers that it will be used for resale, the Seller is entitled to cancel the order and, if the order is confirmed, the Seller is entitled to withdraw from the purchase contract, without any further claims of the Buyer.
7.5 The Buyer - entrepreneur is entitled to purchase only such quantity as corresponds to the normal operation of the business of an ordinary entrepreneur. The goods purchased by the Buyer - entrepreneur are not intended for industrial or professional use. The goods purchased by the Buyer-entrepreneur are not intended for resale. If the Buyer-Entrepreneur orders or purchases a quantity that does not correspond to the normal operation of the normal business or the Seller considers that it will be used for resale, the Seller is entitled to cancel the order and, if the order is confirmed, the
the seller is entitled to withdraw from the contract of sale, without any further claims by the buyer.
7.6 The aforementioned provisions shall apply by analogy to the cancellation of an order.
8. Rights arising from defective performance and warranty
8.1 Before first use, the Buyer is obliged to read the instructions for use or the operating instructions and any warranty conditions and to follow this information strictly, otherwise he runs the risk of damaging the item by improper use, which may result in the inability to assert his rights under liability for defects.
8.2 The period for the exercise of the seller's rights under liability for defects begins with the acceptance of the item by the buyer. In accordance with § 2104, the buyer is obliged to inspect the goods as soon as possible after receipt and to satisfy himself as to their characteristics and quantity.
8.3 In the event that the Buyer uses the goods for professional or industrial purposes and a defect occurs in the goods in connection with such use, this is a defect caused by the Buyer and the Buyer is not entitled to any rights under the defective performance.
8.4 If the Buyer - entrepreneur fails to notify the Seller of the defect without undue delay after he could have discovered it with timely inspection and sufficient care after the risk of damage to the goods has passed, he shall lose the right to withdraw from the purchase contract.
8.5 In the case of the sale of consumer goods, the period for the exercise of rights under defective performance is set at 24 months, but may be longer by a declaration of the Seller or a third party on its packaging or advertising. If a guarantee is provided, the Seller shall specify the terms and scope of the guarantee by means of a declaration in the guarantee certificate or by special terms and conditions, and if not so specified, the provisions of the Civil Code shall apply to the defects arising. The seller's liability for defects does not extend to normal wear and tear of the item (or its parts) caused by use or to a defect caused by the buyer or a third party.
8.6 The buyer-consumer has the following rights when exercising the rights of liability for defective performance:
- the right to have the goods repaired free of charge or the right to have new goods delivered or parts replaced. The buyer-consumer may only apply a method of remedying the defect which is not impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be remedied by the other method without significant difficulties for the buyer.
- The seller may refuse to remedy the defect if it is impossible or disproportionately expensive to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.
- The buyer may demand a reasonable discount or withdraw from the contract,
(b) the defect appears repeatedly,
(c) the defect is a material breach of contract; or
(d) it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the buyer.
- The buyer may not withdraw from the contract if the defect is insignificant; the defect shall be deemed not to be insignificant.
8.8 In the event that the goods are purchased by the Buyer - entrepreneur and such goods are used for professional or industrial purposes (e.g. coffee machine for brewing coffee in a restaurant, vacuum cleaner for vacuuming in the homes or business premises of the Buyer - entrepreneur's customers, etc.), the Buyer - entrepreneur may exercise the rights of defective performance within a period of 6 months, which runs from the transfer of the risk of damage to the goods. If a guarantee is provided, it shall be provided for a period of 6 months from the handover of the item.
9. Claims (Rights of defective performance)
In the event that the Buyer-consumer has made a claim, the claim, including the removal of the defect, will be settled and the consumer will be informed of this within 30 days of the date of the claim, unless the Seller and the consumer agree on a longer period. After the expiry of the deadline, the consumer may withdraw from the contract or demand a reasonable discount. The Seller shall issue the consumer with a written confirmation when the complaint is made, stating the date on which the consumer made the complaint, the content of the complaint, the method of handling the complaint requested by the consumer and the contact details of the consumer for the purpose of providing information on the handling of the complaint. The defect may be alleged against the seller from whom the item was purchased.
9.1 If the rights arising from the defective performance are exercised by the buyer - entrepreneur, the seller is not obliged to settle the claim within 30 days. The claim shall be settled within the time limit specified by the relevant service department of the brand concerned.
9.2 The Buyer is obliged to notify the Seller of the defect in the goods without undue delay
after it becomes apparent. The Buyer may specifically exercise his rights under the liability for defects in the goods in person at Za Mlýnem 1418, 696 02 Ratíškovice, by telephone at +420 771 200 177 or by e-mail at podpora@macekasyn.cz.
9.3 The Buyer - consumer has the right to reimbursement of the necessary costs incurred in connection with the exercise of the rights of liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs necessarily incurred for such withdrawal.
9.4 The Buyer acknowledges that if the claim is resolved by replacing the goods with new ones, the original goods shall not be returned.
9.5 If the Buyer does not collect the goods even after 8 months from the date of the complaint, the Seller is entitled to sell the product to a third party in a suitable manner for a reasonable price within the meaning of Section 2428 of the Civil Code, at the Buyer's expense; the proceeds shall be released to the Buyer without undue delay, but the Seller may deduct the storage costs and costs reasonably incurred in connection with the sale. In the event that the goods cannot be sold, the Seller is entitled to dispose of the goods. In such case, the Buyer shall not be entitled to any compensation for the disposed goods
Pursuant to the provisions of Section 1820(1)(j) of the Civil Code and Section 14(1) and Section 20d et seq. of Act No. 634/1992, on Consumer Protection, the Seller informs that the consumer may apply for out-of-court settlement of consumer disputes to the consumer dispute resolution body, which is the Czech Trade Inspection Authority, at the following Internet address
website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions set out in the relevant legislation. For the avoidance of doubt, nothing in these terms and conditions excludes the possibility for consumers to bring their claims before a civil court.
