General Terms and Conditions

This language version is provided for information only. The legally binding version is the Czech version.

GENERAL TERMS AND CONDITIONS

These general terms and conditions (the "Terms") of Dellinger s.r.o., with its registered office at Rižská 1580/7, 102 00 Prague 102, Company ID No. 05056594, registered with the Municipal Court in Prague, Section C, File 257301, email info@dellinger.cz, telephone number +420 702 049 048,

business addresses:

Dellinger Skorkovská 1310, 198 00 Prague 9 (please use this address for sending complaints/claims)

Dellinger (zVostra) Sokolovská 231/35, Prague 8 - Karlín

Dellinger Panelová 955, 500 03 Hradec Králové

(hereinafter referred to as "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.nozeakatany.cz

All information on the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here Privacy Policy.

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

As you certainly know, we primarily communicate remotely. Therefore, our Agreement is also concluded using means of distance communication, which allow us to reach an agreement without our and your simultaneous physical presence, and the Agreement is thus concluded remotely in the E-shop environment through the website interface (the "E-shop web interface").

If any part of the Terms conflicts with what we have jointly approved during your purchase process in our E-shop, that specific agreement shall prevail over the Terms.

 

1. SOME DEFINITIONS

1.1. Price means the financial amount you will pay for the Goods;

1.2. Delivery Price means the financial amount you will pay for the delivery of the Goods, including the price of packaging;

1.3. Total Price means the sum of the Price and the Delivery Price;

1.4. VAT means value added tax under applicable legal regulations;

1.5. Invoice means the tax document issued in accordance with the Value Added Tax Act for the Total Price;

1.6. Order means your binding proposal to conclude an Agreement with us for the purchase of Goods;

1.7. User Account means an account created on the basis of the data provided by you, allowing the storage of entered data and the history of ordered Goods and concluded Agreements;

1.8. You means the person shopping in our E-shop, referred to by legal regulations as the buyer;

1.9. Goods means everything you can purchase in the E-shop.

 

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is only possible through the E-shop web interface.

2.2. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. We will therefore consider the information you have provided to us in the Order to be correct and truthful.

2.3. In our E-shop, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders, meaning that in the internal system we can see the related order ID for each review, and we are therefore able to verify and prove that the review comes from a real consumer.

 

3. CONCLUSION OF THE AGREEMENT

3.1. The Agreement with us may only be concluded in the Czech language.

3.2. The Agreement is concluded remotely via the E-shop, while you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for the use of such means (i.e., in particular for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.

3.3. In order for us to conclude the Agreement, you must create an Order in the E-shop. This proposal must include the following information:

1. a) Information about the Goods being purchased (in the E-shop, you mark the Goods you are interested in purchasing by clicking the ADD TO CART button
2. b) Information about the Price, Delivery Price, 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 within the user environment of the E-shop, while information about the Price, Delivery Price, and Total Price will be stated automatically based on the Goods selected by you, the delivery method, and the payment method;
3. c) Your identification and contact details so that we can deliver the Goods, namely first name, surname, delivery address, telephone number, and email address.

3.4. During the creation of the Order, you may change and check the entered data until the Order is completed. After checking the data by pressing the ORDER WITH OBLIGATION TO PAY button, you complete the Order. Before pressing the button, however, you must also confirm that you have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for this confirmation and consent. After pressing the ORDER WITH OBLIGATION TO PAY button, all completed information will be sent directly to us.

3.5. We will confirm your Order to you as soon as possible after it has been delivered to us by a message sent to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. The Terms effective on the date of the Order, i.e., the version attached as an annex to the confirmation email, form an integral part of the Agreement. The Agreement between us and you is concluded upon confirmation of the Order.

3.6. There may also be cases when we are unable to confirm your Order. This concerns in particular situations where the Goods are not available or when you order a larger quantity of Goods than is allowed by us. However, we will always provide you with information about the maximum quantity of Goods in advance within the E-shop, so it should not be surprising for you. If any reason occurs for which 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.

3.7. If an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you for that Price even if you have received Order confirmation and thus the Agreement has been concluded. In such a case, we will contact you without undue delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. In such a case, the new Agreement is concluded when you confirm our offer. An obvious error in the Price means, for example, a situation where the Price does not correspond to the usual price charged by other sellers or a digit is missing or extra.

3.8. If the Agreement is concluded, you incur the obligation to pay the Total Price.

3.9. If you have a User Account, you may place the Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating the Order is identical to that of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification details.

3.10. In some cases, we allow you to use a discount for the purchase of Goods. In order to receive the discount, you must enter the information about this discount into the designated field within the Order proposal. If you do so, the Goods will be provided to you with the discount.

 

4. USER ACCOUNT

4.1. Based on your registration within the E-shop, you may access your User Account.

4.2. When registering a User Account, you are obliged to provide all entered information correctly and truthfully and to update it in case of any changes.

4.3. Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access credentials and not provide them to anyone. If they are misused, we bear no responsibility for that.

4.4. The User Account is personal, and you are therefore not authorized to allow third parties to use it.

4.5. We may cancel your User Account, in particular if you do not use it for more than 6 months or if you breach your obligations under the Agreement.

4.6. The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software equipment.

 

5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

5.1. The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In the event of any discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Agreement. The Delivery Price, or any conditions under which delivery is free of charge, are also stated within the Order proposal.

5.2. The Total Price is stated including VAT and including all fees stipulated by law.

5.3. We will require payment of the Total Price from you after the conclusion of the Agreement and before the Goods are handed over. You may pay the Total Price in the following ways:

1. d) By bank transfer. Payment details will be sent to you within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 2 business days.
2. e) Cashless by card and bank payment buttons via the ComGate payment gateway of ComGate Payments a.s. For any payment complaints or questions regarding payments, contact the payment gateway operator:
   ComGate Payments, a.s.
   Gočárova třída 1754 / 48b, Hradec Králové
   E-mail: platby-podpora@comgate.cz
   Tel: +420 228 224 267
3. f) Cash on delivery. In such a case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
4. g) Cash upon personal collection. Goods may be paid for in cash in the event of collection at our premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
5. h) By the PlatímPak method (for orders up to a total amount of CZK 25,000). The PlatímPak payment method is provided by Raiffeisenbank a.s., Hvězdova 1716/2b, 140 78 Prague 4, Company ID No. 49240901, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. B 2051 ("Bank").
   The payment method consists in the payment of the purchase price of the Goods by the Customer and any costs of insurance and transport of the Goods so that the Bank provides the Customer with deferred payment for this purpose on the basis of the PlatímPak Service Agreement and transfers the funds directly to the Merchant’s account.
   If the Customer uses the PlatímPak service offered by the Merchant and provided by the Bank, the Customer is obliged to pay the deferred payment in the amount of the purchase price of the Goods and any insurance and transport costs of the Goods to the Bank within the due date in accordance with the Terms and Conditions of the PlatímPak service.
   The Customer concludes a PlatímPak Service Agreement with the Bank, an integral part of which are the Terms and Conditions of the PlatímPak service. By choosing the PlatímPak service, the Customer expresses agreement with the Terms and Conditions of the PlatímPak service.
   The Customer acknowledges that the Bank processes his/her personal data in the manner described in the Memorandum on the Processing of Personal Data of the Bank’s Clients, the current version of which is available at www.rb.cz.

5.4. The Invoice will be issued electronically after payment of the Total Price and will be sent to your email address. The Invoice will also be physically attached to the Goods and available in the User Accou.

5.5. Ownership of the Goods passes to you only after you have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to our account; in other cases, it is paid at the moment the payment is made.

 

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

6.1. The Goods will be delivered to you no later than within 3 business days by the method of your choice, and you may choose from the following options:

1. h) Personal collection at our premises, see the list of premises
2. i) Personal collection at collection points of Zásilkovna, DPD
3. j) Delivery through transport companies Zásilkovna, GLS, DPD

6.2. Goods can be delivered within: Czech Republic, Bulgaria, France, Croatia, Italy, Hungary, Germany, Poland, Austria, Romania, Slovakia, Slovenia. Other countries must be arranged with the E-shop staff.

6.3. The delivery time of the Goods always depends on their availability and on the chosen delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you by email when the Goods are ready for collection.

6.4. Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the Goods packaging and, in the event of any defects, to notify the carrier and us immediately. If there is damage to the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.

6.5. If you breach your obligation to accept the Goods, except in cases under Article 6.4 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 does not mean withdrawal from the Agreement between us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement, or to store the Goods, for which we are entitled to a fee from you in the amount of CZK 200. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver the withdrawal notice to you. Withdrawal from the Agreement does not affect the right to reimbursement of the Delivery Price or the right to compensation for damages, if any arose.

6.6. If, for reasons arising 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 you the payment details for these costs to your email address stated in the Agreement, and they are due within 14 days from delivery of the email.

6.7. The risk of damage to the Goods passes to you at the moment you accept them. If you do not accept the Goods, except in cases under Article 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to accept them, but acceptance did not occur for reasons on your side. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

6.8. If the Goods were not stated as in stock in the E-shop and only an indicative availability time was stated, we will always inform you in the event of:

• k) an extraordinary production outage of the Goods, while we will always communicate the new expected availability time or information that it will not be possible to deliver the Goods;
• l) delay in delivery of the Goods from our supplier, while we will always communicate the new expected delivery time

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that, at the time when the risk of damage to the Goods passes under Article 6.7 of the Terms, the Goods are free from defects, in particular that the Goods:

1. m) correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
2. n) are fit for the purpose for which you require them and with which we agree;
3. o) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
4. p) are fit for the purpose for which goods of this type are usually used;
5. q) in quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of goods of the same kind that you may reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular through advertising or labeling;
6. r) are supplied with accessories, including packaging, assembly instructions, and other instructions for use, which you may reasonably expect; and
7. s) correspond in quality or workmanship to the sample or model that was provided to you before the conclusion of the Agreement.

7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.3. If the Goods have a defect, especially if any of the conditions under Article 7.1 are not met, you may notify us of such defect and exercise your rights arising from defective performance (i.e., complain/claim the Goods) by sending an email or letter to our addresses listed in our identification details, or in person at Dellinger s.r.o., Skorkovská 1310, 198 00 Prague 9. You may also use the sample complaint form provided by us, which forms Annex No. 1 to the Terms. When exercising the right arising from defective performance, it is necessary to choose how you wish the defect to be resolved, and you may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right arising from defective performance chosen by you.

7.4. If the Goods have a defect, you have the following rights:

1. t) to have the defect remedied by delivery of new Goods without defects, or by delivery of the missing part of the Goods; or
2. u) to have the defect remedied by repair of the Goods,

unless the chosen method of removing the defect is impossible or unreasonably costly compared to the other method, which shall be assessed especially with regard to the significance of the defect, the value the Goods would have had without the defect, and whether the defect can be removed by the other method without considerable difficulties for you.

7.5. We are entitled to refuse to remove the defect if it is impossible or unreasonably costly, especially with regard to the significance of the defect and the value the Goods would have had without the defect.

7.6. You are also entitled to:

1. v) a reasonable discount from the Price; or
2. w) withdrawal from the Agreement,

if:

1. a) we refuse to remove the defect or fail to remove it in accordance with legal regulations;
2. b) the defect occurs repeatedly,
3. c) the defect constitutes a material breach of the Agreement; or
4. d) it is evident from our statement or the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.

7.7. The right to withdraw from the Agreement does not apply if the defect of the Goods is insignificant.

7.8. If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.

7.9. A defect of the Goods is not wear and tear caused by their usual use, or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.

7.10. When making a complaint/claim, we will issue you a written confirmation stating:

1. a) the date when you made the complaint/claim;
2. b) what the content of the complaint/claim is;
3. c) which method of handling the complaint/claim you require;
4. d) your contact details for the purpose of providing information about the handling of the complaint/claim.

7.11. Unless we agree on a longer period, within 30 days from receipt of the complaint/claim we will remove the defects and provide you with information about the handling of the complaint/claim to the contact details provided. If this period expires in vain, you may withdraw from the Agreement or request a reasonable discount.

7.12. We will inform you by email about the handling of the complaint/claim and issue you confirmation of the date and method of its handling. If the complaint/claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of delivery costs. If the defect has been remedied by delivery of new Goods, you are obliged to return the original Goods to us, but we bear the costs of such return.

7.13. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than within three days from receipt of the Goods.

7.14. If you are a consumer, you have the right to exercise rights arising from defective performance for a defect that occurs in consumer Goods within 24 months from receipt of the Goods.

 

8. WITHDRAWAL FROM THE AGREEMENT

8.1. Withdrawal from the Agreement, i.e., termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the manner stated in this Article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

8.2. 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 stating a reason within 14 days from the date of conclusion of the Agreement, or, if it concerns the purchase of Goods, within fourteen days from their receipt. If we have concluded an Agreement whose subject is several pieces of Goods or delivery of several parts of Goods, this period starts running only on the date of delivery of the last item or part of the Goods, and if we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, it starts running on the date of delivery of the first delivery.

8.3. You may withdraw from the Agreement by any demonstrable means (in particular by sending an email or letter to our addresses listed in our identification details). You may also use the sample withdrawal form provided by us, which forms Annex No. 2 to the Terms.

8.4. However, even as a consumer you may not withdraw from the Agreement in cases where the subject of the Agreement is performance listed in Section 1837 of the Civil Code.

8.5. The withdrawal period under Article 8.2 of the Terms is deemed to be observed if you send us a notice during that period stating that you withdraw from the Agreement.

8.6. In the event of withdrawal from the Agreement under Article 8.2 of the Terms, you are obliged to send the Goods back to us within 14 days from the withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to reimbursement of the Delivery Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered. In the event of withdrawal because we have breached the concluded Agreement, we also bear the costs associated with returning the Goods to us, but again only up to the amount of the Delivery Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.

8.7. In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Agreement. However, the amount will not be refunded before we receive the Goods or before you prove to us that the Goods have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.

8.8. In the event of withdrawal from the Agreement under Article 8.2 of the Terms, however, you are liable to us for any decrease in the value of the Goods resulting from handling the Goods in a way other than what is necessary for you to become familiar with the nature, characteristics, and functionality of the Goods, i.e., in the manner in which you would have become familiar with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for refund of the Price.

8.9. We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period stated in Article 6.1 of the Terms. We may also withdraw from the Agreement if it is obvious that you intentionally provided incorrect information in the Order. If you purchase Goods within the framework of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without stating a reason.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. We handle consumer complaints via the email address info@dellinger.cz. Information about the handling of the complaint will be sent to the buyer’s email address.

9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer who is a consumer under a purchase agreement concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, 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 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).

10. FINAL PROVISIONS

10.1. If our and your legal relationship contains an international element (for example, if we will send the Goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.

10.2. We will deliver all written correspondence to you by electronic mail. Our email address is stated in our identification details. We will deliver correspondence to your email address stated in the Agreement, in the User Account, or from which you contacted us.

10.3. The Agreement may only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms, but such changes shall not affect Agreements already concluded, only Agreements to be concluded after the effectiveness of such change. We will inform you of the change only if you have created a User Account (so that you have this information if you order new Goods; however, the change does not establish a right of termination, as we do not have a concluded Agreement that could be terminated), or if we are to deliver Goods to you regularly and repeatedly based on the Agreement. We will send information about the change to your email address at least 14 days before the effectiveness of the change. If we do not receive from you, within 14 days from sending the information about the change, a termination notice of the concluded Agreement for regular and repeated deliveries of Goods, the new terms become part of our Agreement and shall apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you submit termination is 2 months.

10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we shall not be liable for damage caused as a result of or in connection with force majeure, and if the force majeure condition lasts longer than 10 days, both we and you have the right to withdraw from the Agreement.

10.5. Annexes to the Terms include a sample complaint/claim form and a sample withdrawal from the Agreement form.

10.6. The Agreement, including the Terms, is archived electronically by us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by email, and you will therefore always have access to the Agreement without our assistance. We recommend always saving the Order confirmation and the Terms.

10.7. These Terms become effective on 1 January 2024

 

Annexes to the Terms and Conditions:

- sample complaint/claim form

- sample withdrawal from the agreement form