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Terms and Conditions

Terms and Conditions

Preamble
1. These General Business Terms and Conditions (hereinafter the “Business Conditions”) were issued pursuant to Section 1751 et seq. of Act No. 89/2012, Coll., the Civil Code (hereinafter the “Civil Code”)
  WT WINTECH a.s.
  Identification No. (IČ): 65138708
  Tax Identification No. (DIČ): CZ65138708
  with its registered office at Seifertova 2834/33, Přerov, postal code 750 02, registered at the Regional Court in Ostrava in Section B, Entry No. 1343.
  Contact data:
  email: obchod@wintech.cz
  tel: +420 581 808 401
  www (hereinafter the “Seller”)
2. These Business Terms stipulate the mutual rights and obligations of the Seller and the natural person who concludes a purchase agreement outside his/her business activities as a consumer or within the framework of his/her business activities (hereinafter the “Purchaser”) through web interface on the website available at www.wintech.cz (hereinafter the “Internet Shop”)
3. The provisions of the Business Conditions constitute integral parts of the purchase agreement. Differing covenants in the Purchase Agreement prevail over the provisions of these Business Conditions.
4. These Business Conditions and the Purchase Agreement shall be concluded in the Czech language.
Information on Goods and Prices
1. Information on the goods, inclusive of the prices of individual goods items and their main qualities, are stated for individual goods in the Internet Shop catalogue. The goods prices are stated including the value added tax, all related fees, charges and costs of returning the goods, if the goods cannot be returned by standard postal service given their essence. The goods prices shall remain valid throughout the period they are listed in the Internet Shop. These provisions do not exclude an agreement on Purchase Agreement under conditions individually agreed.
2. Information on the costs incurred in connection with packaging and delivering the goods is published in the Internet Shop. Information on costs incurred in connection with goods packaging and delivery stated in the Internet Shop only apply in the event the said goods are delivered within the territory of the Czech Republic.
3. Potential discounts on the purchase price of goods cannot be combined, unless the Seller agrees otherwise with the Purchaser.
Order and Conclusion of Purchase Agreement
1. The costs incurred by the Purchaser when using remote communication means in connection with the execution of the Purchase Agreement (costs of Internet connection, costs of phone calls) shall be paid by the Purchaser. Such costs do not differ from the basic rate.
2. The Purchaser shall issue a goods order as follows:
  - through its customer account if it performed prior registration in the Internet Shop;
  - by filling the order form without registration.
3. When placing the order, the Purchaser shall select goods, the number of pieces pertaining to each category of goods, method of payment and the method of delivery.
4. Prior to dispatching the order, the Purchaser can check and change the data that it inserted in the order registration. The Purchaser shall send the Order to the Seller by clicking the button “send order”. The data stated in the order shall be considered by the Seller as correct. The validity of the order is conditional upon filling all obligatory data in the order form and the Purchaser confirmation that it has acquainted itself with these business conditions.
5. The Seller shall send a confirmation of receipt of the order to the Purchaser to the e-mail address that the Purchaser stated when placing the order. Such confirmation shall be considered as final and as due conclusion of the agreement. The Seller’s current business conditions shall be attached to the confirmation. The purchase agreement shall be duly deemed as concluded upon confirmation of the order on the part of Seller as email notification to the Purchaser’s e-mail address.
6. In the event that the Seller cannot fulfil any of the requirements stated in
  the order, the Seller shall send an alternative/amended offer to the Purchaser to its e-mail address. Such an alternative/amended offer shall be considered as a new draft purchase agreement and the purchase agreement shall in such an event be concluded by the Purchaser’s confirmation of the receipt of such offer to the Seller to its e-mail address stated in these Business Conditions.
7. All orders received by the Seller shall be binding. The Purchaser may cancel an order until a notification of receipt of the order by the Seller is not delivered to the Purchaser. The Purchaser may cancel the order by phone at the Seller’s telephone number or to the e-mail stated in these Business Conditions.
8. Should an apparent technical error appear on the part of the Seller when stating the goods price in the Internet Shop or in the course of the process of ordering, the Seller shall not be obliged to deliver goods to the Purchaser for such entirely apparently incorrect price even in the event that an automatic confirmation of the receipt of the order was sent to the Purchaser pursuant to these Business Conditions. The Seller shall inform the Purchaser of the error without undue delay and shall send the amended offer to the Purchaser to its
  e-mail address. The amended offer shall be considered as a new draft purchase agreement and the purchase agreement shall in such an event be concluded by confirmation of the receipt by the Purchaser to the Seller’s e-mail address.
Customer Account
1. On the basis of the Purchaser’s registration performed in the Internet Shop, the Purchaser may accede its customer account. The Purchaser may order goods from its customer account. The Purchaser may also order goods without registration.
2. The Purchaser shall be obliged to pay, together with the purchase price, the Seller’s costs incurred in connection with goods packaging and delivering in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood inclusive of the costs incurred in connection with goods delivery.
3. Access to customer account is secured by user name and
  password. The Purchaser shall be obliged to keep confidential
  the information necessary for access to its customer account. The Seller shall not be liable for potential misuse of the customer account by third parties.
4. The Purchaser shall not be entitled to allow that third parties may use the customer account.
5. The Seller may cancel the user account; in particular, in the event that the Purchaser does not use its user account for a long time or in the event that the Purchaser breaches its obligations arising from the Purchase Agreement and these Business Conditions.
6. The Purchaser shall take into account that the user account need not be available continuously, in particular with regard to the necessary maintenance of the Seller’s hardware and software or the necessary maintenance of the hardware and software of third parties.
Payment Conditions
1. The Purchaser may pay the price of the goods and potential costs in connection with the goods delivery pursuant to the purchase agreement as follows:
  - by cash on delivery after the goods handover;
  - advance payment, i.e. a payment before despatching the goods;
  - by interbank transfer if the insurance company approves a credit. Thereafter it is necessary to sign a framework agreement for drawing on the credit; or
  - in cash, only in the case of personal receipt.
2. The Seller shall issue a tax document – invoice, for the Purchaser. The tax document shall be sent to the Purchaser’s e-mail address.
3. The Purchaser shall acquire the title to the goods by paying the entire purchase price of the goods, including the costs of delivery, but no earlier than upon the goods takeover. The liability for accidental destruction, damage or loss of the goods shall pass to the Purchaser upon the goods takeover or at
  the moment when the Purchaser was obliged to take over the goods but failed to do so in conflict with the purchase agreement.
4. The delivery and transport conditions constitute an integral part of these Business Conditions as a separate document and shall be updated pursuant to valid prices of the individual types of transportation.
  File to be downloaded: Přepravní podmínky WT WINTECH 2021. (PDF, size 123 kB)
Rescission of the Agreement
1. The Purchaser that concluded the purchase agreement outside its business activities as a consumer shall be entitled to rescind the purchase agreement.
2. The deadline for the rescission of the agreement shall be 14 days - from
  the goods takeover date - following the date of the takeover of the last goods supply, if several types of goods or delivery of several parts constitute the subject of the agreement – from the date of takeover of the first goods supply, if the subject of the agreement is a regular repeated supply of the goods.
3. Among other cases, the Purchaser may not rescind the purchase agreement:
  - provision of services if they were fulfilled with its prior express consent before expiration of the deadline for rescission of the agreement and the Seller informed the Purchaser prior to execution of the agreement that in such an event it shall not be entitled to rescind the agreement;
  - on the supply of goods or services the price of which depends on the financial market deviations independently of the Seller’s will and which may occur during the deadline for the rescission of the agreement;
  - on the supply of goods that were adjusted pursuant to the Purchaser’s wish or directly for the Purchaser;
  - delivery of goods that can be quickly spoiled as well as goods that were irrecoverably mixed with other goods after the delivery;
  - supply of goods in closed packaging that the Purchaser took out from
  the packaging and the goods cannot be returned for hygienic reasons; or
  - in other cases stated in Section 1837 of the Civil Code.
4. To meet the deadline for rescission of the agreement, the Purchaser must send a statement of rescission within the deadline for rescission of the agreement.
5. To rescind the purchase agreement, the Purchaser may use a sample form for the rescission of the agreement provided by the Seller. The Purchaser shall send the rescission of the purchase agreement to the Seller’s e-mail or delivery address stated in these Business Conditions. The Seller shall immediately confirm to the Purchaser due receipt of the form.
6. The Purchaser that rescinded the agreement shall be obliged to return goods to the Seller within 14 days following rescission of the agreement. The Purchaser shall bear the costs incurred in connection with returning the goods to the Seller, even in the event where the goods cannot be returned due to their nature by standard post.
7. If the Purchaser rescinds the agreement, the Seller shall immediately, no later, however, than within 14 days following rescission of the agreement, return all funds to the Purchaser in the same manner, including the costs of delivery that the Seller received from the Purchaser. The Seller shall return the funds to the Purchaser received in another way only if the Purchaser agrees therewith and if the Purchaser does not incur any further costs thereby.
8. Where the Purchaser chose any method of delivery of the goods that the Seller offers other than the cheapest method of goods delivery, the Seller shall return to the Purchaser the costs of the goods delivery in the amount corresponding with the cheapest method of goods delivery offered.
9. Where the Purchaser rescinds the purchase agreement, the Seller shall not be obliged to return the received funds to the Purchaser before the Purchaser hands over the goods to Seller or proves that it sent the goods to the Seller.
10. The Purchaser must return the goods to the Seller undamaged, not worn-out and not polluted and, if it is possible, in the original packaging. The Seller shall be entitled to unilaterally offset the claim to compensation for damage occurred in respect of the goods against the Purchaser’s claim to return of the purchase price.
11. The Seller shall be entitled to rescind the purchase agreement due to sale of stock, goods unavailability or if the producer, importer or supplier of the goods interrupted production or import of the goods. The Seller shall immediately inform the Purchaser through the e-mail address stated in the order and shall return within 14 days following the notice of rescission of the purchase agreement all funds, including the costs of delivery, that it received from the Purchaser on the basis of the agreement, in the same manner or, as the case may be, in the manner determined by the Purchaser.
Rights concerning Defective Performance
1. The Seller shall be liable vis-à-vis the Purchaser that the goods have no defects upon takeover. The Seller shall in particular be liable vis-à-vis the Purchaser that at the time when the Purchaser took over the goods:
  - the goods have the qualities agreed by the parties and if such agreement does not exist, the goods have qualities described by the Seller or by
  the manufacturer or that the Purchaser expected with regard to the nature of the goods on the basis of advertising performed by them;
  - the goods are suitable for the purpose stated by the Seller for use or for which such goods are typically used;
  - the goods quality or design correspond to the agreed sample or model if
  the quality or design were determined pursuant to the agreed sample or model;
  - the goods quantity, amount or weight are appropriate; and
  - the goods meets the requirements of legal regulations.
2. Where a defect appears during six months following the goods takeover by the Purchaser, it shall be deemed that the goods were defective upon takeover. The Purchaser shall be entitled to claim the right pursuant to defect appearing in the case of consumer goods within twenty-four months following the takeover. This provision shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to goods wear and tear caused by their standard use, in case of used goods, to a defect corresponding to the extent of the use or wear and tear that the goods had upon the takeover by the Purchaser or if it results from the goods nature.
3. Where a defect appears, the Purchaser may submit a complaint to the Seller and request:
  - replacement by new goods;
  - repair of the goods;
  - reasonable discount on the purchase price; or
  - rescission of the agreement.
4. The Purchaser shall be entitled to rescind the agreement:
  - if the goods have a significant defect;
  - if the Purchaser cannot duly use the item due to repeated occurrence of
  a defect(s) after repair; or
  - in the case of a higher number of goods defects.
5. The Seller shall be obliged to receive a complaint in any establishment in which it is possible to receive the complaint or, as the case may be, at the registered office or place of business. The Seller shall be obliged to provide a written confirmation to the Purchaser when the Purchaser exercised the right,
  the contents of the complaint and the method of the complaint handling is requested by the Purchaser, as well as a confirmation on the date and method of the complaint handling, including a confirmation on the repair and
  the duration of the repair or a written justification of the complaint denial.
6. The Seller or a person authorized by the Seller shall decide on the complaint immediately; within three business days in complicated events. This deadline shall not include the reasonable period pursuant to the type of product or service necessary for expert assessment of the defect. The complaint, including the defect removal, must be handled immediately, no later than within 30 days following the date of raising the complaint, unless the Seller agrees on a longer period with the Purchaser. Expiration of such period to no avail shall be considered as a significant breach of the agreement and
  the Purchaser shall be entitled to rescind the purchase agreement. The moment of raising the complaint shall be the moment when the demonstration of the Purchaser’s will (enforcement of the right from defective performance) shall be received by the Seller.
7. The Seller shall inform the Purchaser in writing on the result of the complaint.
8. The Purchaser shall not have the right on defective performance if the Purchaser was aware before the item takeover that the item is defective or if the Purchase itself caused the defect.
9. In case of a rightful complaint, the Purchaser shall have the right to reimbursement of purposefully incurred costs arising in connection with the raising the complaint. The Purchaser may exercise such right with the Seller within one month following expiration of the guarantee period
10. The Purchaser may choose the manner of complaint.
11. The rights and obligations of the parties concerning the rights from defective performance shall be governed by Sections 1914 through 1925, 2099 through 2117 and 2161 through 2174 of the Civil Code and Act No. 634/1992, Coll., on Consumer Protection.
12. Other rights and obligations of the parties connected with the Seller’s liability for defects shall be stipulated by the Seller’s complaint handling rules.
Delivery
1. The parties may mutually deliver all written correspondence by electronic mail.
2. The Purchaser shall deliver correspondence to the Seller to the e-mail address set out in these Business Conditions. The Seller shall deliver correspondence to the Purchaser to the e-mail address stated in its customer account or in
  the order.
Extrajudicial Dispute Resolution
1. The Czech Commercial Inspectorate with its registered office at
  Štěpánská 567/15, Prague 2, postal code 120 00, Identification No. (IČ): 000 20 869, internet address: https://adr.coi.cz/cs. shall have jurisdiction over
  the extrajudicial resolution of consumer disputes from the purchase agreement.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, Prague 2, postal code 120 00, internet address: http://www.evropskyspotrebitel.cz, shall be the contact place pursuant to the Regulation of the European Parliament and of the Council (EU)
  No. 524/2013 dated 21 May 2013 on On-line Resolution of Consumer Disputes and on a change of Regulation (EC) No. 2006/2004 and Directive 2009/22/ES (regulation on on-line resolution of consumer disputes).
3. The Seller shall be entitled to sell goods on the basis of a trade authorization. Trade inspections shall be performed within its powers by the relevant Trade Authority. The Czech Commercial Inspectorate shall supervise in the defined extent supervision over compliance with Act No. 634/1992, Coll., on Consumer Protection.
Final Provisions
1. All covenants between the Seller and the Purchaser shall be governed by the laws of the Czech Republic. In case of a relationship established by a purchase agreement with international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This shall not affect the consumer rights arising from generally binding legal regulations.
2. The Seller shall not be bound vis-à-vis the Purchaser by any code of conduct pursuant to the provisions of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller’s website, in particular the copyright to the contents, including distribution of the website, photographs, films, graphics, trademarks, logo and other contents and elements shall belong to the Seller. It is prohibited to copy, adjust or otherwise use the website or a part thereof without the Seller’s consent.
4. The Seller shall not be liable for any errors arising as a result of a third-party intervention in the Internet Shop or as a result of its use in conflict with its determination. The Purchaser, when using the Internet Shop, must not use any procedures that might have a negative impact on its operation and must not perform any activities that might allow that the Purchaser or third parties unrightfully intervene or unrightfully use the program equipment or other parts constituting the Internet Shop and to use the Internet Shop or parts thereof or the software in such a manner that would be in conflict with its determination or purpose.
5. The Purchaser shall hereby assume the risk of change of circumstances pursuant to Section 1765(2) of the Civil Code.
6. The purchase agreement, inclusive of the Business Conditions, shall be archived by the Seller in the electronic form and is not accessible.
7. The Seller may change or supplement the wording of the Business Conditions. This provision shall not affect the rights and obligations arising during the effectiveness of the previous wording of the Business Conditions.
8. A sample for rescission of the Agreement is attached as an annex to the Business Conditions.

These Business Terms and Conditions shall take effect on 01 February 2021.