Terms and conditions

Terms and conditions

# GENERAL TERMS AND CONDITIONS

Microshop s.r.o.
Pod Marjánkou 4
169 00 Prague 6
ID No.: 26165031
VAT No.: CZ26165031
email: eshop@microshop.com
(this address is not intended for delivery of shipments)
tel.: +420 233 357 034

## 1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions of Microshop s.r.o., with registered office at Pod Marjánkou 4 - 169 00 Prague 6, ID No.: 26165031, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 76081 (hereinafter referred to as the "Seller"), regulate, in accordance with Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (Civil Code), as amended, the mutual rights and obligations between the Seller and a natural person (hereinafter referred to as the "Buyer") under a purchase contract for the sale of goods. This contract is concluded through the online store operated by the Seller on the website https://eshop.microshop.com (hereinafter referred to as the "Website") through its interface (hereinafter referred to as the "Web Store Interface").

1.2. These terms and conditions do not apply to cases where the Buyer acts as a legal entity or a person conducting business or performing their activities independently.

1.3. Any arrangements in the purchase contract that differ from these terms and conditions take precedence over their provisions.

1.4. The terms and conditions form an integral part of the purchase contract. The Buyer confirms that they have been properly acquainted with their content before the conclusion of the contract, agree with them, and accept them without reservation. If any situation is not regulated by these terms, the relevant provisions of the Civil Code and other legal regulations shall apply.

1.5. The purchase contract and the terms and conditions are drawn up in the Czech language, and the contract can be concluded only in this language.

1.6. The Seller reserves the right to unilaterally change or amend the terms and conditions at any time. The current version will be promptly published on the Seller's website. Relationships established before the change of the terms remain unaffected. If the Buyer does not regularly use the web store interface and therefore does not become familiar with the updated terms, the Seller shall not be liable for any possible damage.

## 2. USER ACCOUNT

2.1. To use the services of the web store interface, the Seller may require the Buyer to register on the website. The Buyer must provide true, correct, and complete information about themselves during registration.

2.2. After successful registration, the Buyer gains access to the user interface (user account), from which they can place orders for goods. In case of technical nature, ordering may be allowed even without registration directly through the web store interface.

2.3. The Buyer is obliged to enter correct and current data during registration and ordering, and to update this information as needed. The Seller considers the provided data to be correct and true until the Buyer corrects or changes them.

2.4. Access to the user account is protected by a username and password that the Buyer creates. The Buyer is obliged to properly protect these access credentials and to maintain confidentiality so that unauthorized persons cannot gain access to them.

2.5. The Buyer must not entrust the use of their user account to third parties and is obliged to ensure adequate measures to protect the access credentials. The Buyer bears full responsibility for any unauthorized use of the access credentials or user account and for any resulting damage.

2.6. In case of loss, theft, or other misuse of the access credentials to the user account, the Buyer must immediately inform the Seller. The Seller will ensure the issuance of new access credentials within a reasonable time.

2.7. The Seller is entitled to cancel the user account without prior notice, especially if the Buyer does not use their account for more than one year, breaches their obligations arising from the purchase contract (including the terms and conditions), or violates legal regulations.

2.8. The Buyer is aware that the user account and the web store interface may not always be available, especially due to necessary maintenance of the Seller's software and hardware equipment or equipment of third parties.

## 3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. In accordance with the purchase contract, the Seller undertakes to deliver the object of sale to the Buyer and enable them to acquire ownership of it, while the Buyer undertakes to accept the object and pay the purchase price for it.

3.2. All information about the goods that is provided on the web store interface or communicated orally, by telephone, through advertising flyers, press, e-mail, or the internet, is for informational purposes only. The Seller is not obliged to conclude a purchase contract based on this information. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply in this case. The Seller also does not guarantee the immediate availability of all offered goods; current availability information is provided directly on the web store interface.

3.3. The web store interface includes information about the goods, their prices, and the costs associated with their potential return. All prices indicate amounts including and excluding VAT and all other fees. These prices are valid for the duration of their display on the web store interface. However, nothing prevents the Seller from negotiating individual conditions for concluding a contract outside of the standard prices.

3.4. The web store interface also includes information about the costs associated with packaging and delivery of goods, and about the method and terms of delivery. This information applies exclusively to shipments delivered to the territory of the Czech Republic and Slovakia. We also deliver to other countries where the shipping cost may be different.

3.5. The Buyer orders goods by filling out the order form available on the web store interface. This form primarily contains:
- information about the ordered goods (by adding them to the electronic shopping cart),
- preferred payment method and delivery method for the ordered goods,
- information about the costs associated with delivery (collectively referred to as the order).

3.6. Before submitting the order, the Buyer has the opportunity to check and edit the entered data, thereby correcting any possible errors in filling out the form. By submitting the completed order form, an order is created, of which the current terms and conditions form an integral part, with which the Buyer is obliged to familiarize themselves. If the Buyer agrees with all the provided information and terms and conditions, they definitively accept the order by clicking on the button "Order with obligation to pay". This action confirms the Buyer's commitment to pay the price for the ordered goods; possible payment methods are listed in these terms and conditions. The information provided in the order is binding for the Seller and is considered correct. The order is valid only after the Seller sends a confirmation email to the Buyer's email address specified in the user account or order form.

3.7. The Seller reserves the right to request additional confirmation of the order depending on its nature (for example, quantity of goods, price, shipping costs) in the form of written or telephone communication.

3.8. The contractual relationship between the Seller and the Buyer is established at the moment of completion of the order by the Buyer, that is, by clicking on the button "Order with obligation to pay" available on the web store interface. With this step, the purchase contract is concluded.

3.9. The Buyer agrees to the use of means of distance communication when concluding the purchase contract. All costs incurred by the Buyer when using these means in connection with the conclusion of the contract (for example, fees for internet connection or telephone calls) are paid by the Buyer independently. These costs correspond to standard rates.

3.10. The Seller has the right to refuse an order in case it is not possible to deliver the ordered goods due to sold-out stock or unavailability of goods (i.e., actual impossibility of performance). The Buyer will be informed of this fact either by telephone or by email. Such a procedure is considered as a withdrawal from the purchase contract at the initiative of the Seller.

3.11. If the order is canceled or the purchase contract is terminated by the Seller for any reason, the Seller will refund any paid amount to the Buyer.

## 4. PURCHASE PRICE OF GOODS AND PAYMENT TERMS

4.1. The purchase price of goods, indicated on the web store interface, is informative. The binding purchase price of a specific object of sale is determined only upon the conclusion of the respective purchase contract.

4.2. The Buyer can pay the purchase price and any costs associated with the delivery of goods according to the purchase contract in the following ways:
- Payment in cash at the Seller's premises at Pod Marjánkou 4 - 169 00 Prague 6.
- Cash on delivery at the location specified by the Buyer in the order.
- Cashless transfer to the Seller's account No. 51-2273330207/0100, held at Komerční banka, a. s., IBAN: CZ4901000000512273330207
- Cashless payment via credit card.

4.3. A fee may be charged for individual payment methods, the amount of which the Buyer will always be informed about before confirming the order. Unless the parties agree otherwise, the Buyer may not assign any claims against the Seller to third parties.

4.4. In addition to the purchase price, the Buyer is also obliged to pay the costs associated with packaging and delivery of goods in the agreed amount. Unless stated otherwise, these costs are included in the purchase price.

4.5. The Seller does not require a deposit or other similar payment, which, however, does not limit the provisions of Article 4.6 concerning the obligation to pay the price of goods in advance.

4.6. In case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods; for cashless payments, it is payable within 5 days from the conclusion of the purchase contract.

4.7. For cashless payments, the Buyer is obliged to provide the variable payment symbol during the payment. A cashless payment is considered paid at the moment the amount is credited to the Seller's account.

4.8. The Seller may request payment of the entire purchase price before sending the goods, especially if the Buyer does not confirm the order additionally according to Article 3.7. The provisions of Section 2119, paragraph 1 of the Civil Code are not applicable.

4.9. Provided discounts on the price of goods are not cumulative unless specified otherwise.

4.10. If required by business practice or binding legal regulations, the Seller will issue a tax document (invoice) to the Buyer. The Seller is a VAT payer and will issue the document after payment of the price of goods, and subsequently send it electronically to the Buyer's email address.

4.11. In accordance with the Act on Registration of Sales, the Seller is obliged to issue a receipt and at the same time register the received revenue with the tax administrator online; in case of technical failures, no later than within 48 hours.

4.12. The Seller reserves the right to change the price list of goods.

4.13. For electrical and electronic equipment, an ecological fee may be added according to the amendment to Act No. 185/2001 Coll., on Waste, or a fee resulting from Act No. 121/2000 Coll., on Copyright and Related Laws, all in the current wording.

## 5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Seller has the right to withdraw from the purchase contract in accordance with the relevant provisions of the Civil Code and these terms and conditions. The Buyer may withdraw from the purchase contract only under the conditions stipulated by the Civil Code.

5.2. The Buyer is entitled to exercise their right to withdraw from the purchase contract, while acknowledging that according to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract concerning goods manufactured to order according to the Buyer's specifications or adapted to their personal needs. Furthermore, it is not possible to withdraw from a contract for goods subject to rapid deterioration, goods with a short shelf life, or those which have been irreversibly mixed with other goods after delivery. Similarly, it is not possible to withdraw from a contract for goods in a sealed package if it has been opened and its nature prevents return for hygienic or health reasons. Withdrawal is also not possible for audio or visual recordings and computer programs in a sealed package if the package has been opened.

5.3. If it is not a situation mentioned in Article 5.2 or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right, according to Section 1829, paragraph 1 of the Civil Code, to withdraw from the contract without giving a reason within fourteen days from the receipt of the goods. This period is calculated from the day of receipt of the goods by the Buyer themselves or by a person designated by them other than the carrier. If the order includes multiple items delivered separately, the period runs from the last delivery. For deliveries consisting of several parts, the period is calculated from the receipt of the final part, and in the case of regular deliveries, from the first delivery of goods. The Buyer must make a written notice of withdrawal within the above-mentioned period and may use the form provided by the Seller as part of the terms and conditions. The notice can be sent to the address of the establishment or the Seller's email.

5.4. In case of valid withdrawal from the contract according to Article 5.2, the purchase contract is considered invalid from the beginning. The goods must be returned by the Buyer without undue delay, but no later than fourteen days from the notice of withdrawal, unless the Seller offers to collect the goods themselves. This deadline is met if the Buyer sends the goods before it expires. The costs associated with returning the goods are borne by the Buyer, even if the nature of the goods precludes their normal dispatch by mail.

5.5. In the case of valid withdrawal, the Seller will refund to the Buyer all payments received (with the exception of delivery costs chosen by the Buyer beyond the cheapest standard option) within fourteen days from the date of withdrawal. The refund will be made in the same way as the original payment, unless otherwise agreed and if the Buyer does not incur additional costs. However, the Seller reserves the right to withhold the refund until they receive the goods back or until the Buyer provides evidence of having sent the goods back - whichever occurs first.

5.6. The Buyer is solely responsible for any diminished value of the goods resulting from handling the goods in a way other than what is necessary to become acquainted with the nature, characteristics, and functionality of the goods.

5.7. The Seller has the right to unilaterally offset a claim for compensation for damage caused to the goods (including their use, wear and tear, or restoration to their original condition) against the Buyer's claim for a refund of the purchase price.

5.8. The Seller may withdraw from the purchase contract in accordance with the provisions of the Civil Code and these terms and conditions. The Seller may exercise the right to withdraw from the contract until the moment the goods are received by the Buyer, even without giving a reason. Withdrawal from the contract also means a situation where the Seller informs the Buyer that the ordered goods cannot be delivered. In such a case, the Seller is obliged to refund the purchase price by bank transfer to the account specified by the Buyer.

5.9. If a gift is provided with the goods, a donation contract is concluded between the Seller and the Buyer with a resolutive condition that in the event of withdrawal from the purchase contract by the Buyer, this contract ceases to be effective. In such a situation, the Buyer is obliged to return the received gift to the Seller along with the goods.

## 6. TRANSPORT AND DELIVERY OF GOODS

6.1. The place of delivery of the goods is the address specified by the Buyer in their order or registration form. The Seller's obligation to deliver the goods is considered fulfilled at the moment of handing over the goods to a third party that ensures their delivery to the Buyer.

6.2. The Buyer is obliged to accept the delivered goods, unless these terms and conditions stipulate otherwise. In the event that the Buyer does not accept the ordered and properly delivered goods, the Seller has the right to withdraw from the purchase contract. In such a case, the Buyer is obliged to pay the Seller the costs associated with sending the goods.

6.3. The Seller is obliged to deliver the goods in proper condition without defects. A partial fulfillment may also be considered a completed delivery if it is not contrary to the nature of the obligation or the purpose of the purchase contract known to the Seller. The Buyer is obliged to accept partial fulfillment if the Seller notifies them of this at the latest in the delivery note. Costs arising from partial fulfillment, if higher, are paid by the Seller.

6.4. If the method of transport is arranged based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.5. If the Seller is obliged according to the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept these goods upon delivery.

6.6. If it is necessary to perform repeated delivery or use a different method of delivery than that specified in the order for reasons on the Buyer's side, the Buyer is obliged to pay the costs associated with such delivery.

6.7. When receiving goods from the carrier, the Buyer is obliged to check the integrity of the packaging and to report any deficiencies to the carrier without delay. If they find damage to the packaging indicating unauthorized entry into the shipment, they may refuse to accept the shipment and must immediately inform the Seller. Furthermore, the Buyer is obliged to draw up a protocol on damage to the shipment with the carrier or the delivery point.

6.8. Ownership of the goods passes from the Seller to the Buyer either at the moment of receipt of the goods or by full payment of the purchase price, whichever occurs later.

6.9. Additional rights and obligations concerning the transport of goods may be regulated by special delivery conditions of the Seller, if issued.

## 7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding liability for defects are governed by generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2. The Seller is responsible to the Buyer that the goods upon receipt fulfill the following:
7.2.1. It corresponds to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other specified characteristics.
7.2.2. It is suitable for the purpose for which the Buyer requires it and on which they have agreed with the Seller.
7.2.3. It contains the agreed accessories and instructions for use, including assembly or installation instructions.

7.3. Beyond the agreed properties, the Seller further ensures:
7.3.1. The suitability of the goods for normal purposes, taking into account legal regulations, technical standards, or industry codes of conduct (if technical standards are not available).
7.3.2. Conformity of the goods with common properties expected for goods of the given type (including durability, functionality, and safety), taking into account public information provided by the Seller or another person within the contractual chain (e.g., advertising or labeling), unless they prove that they did not know about such information or that it was changed before the conclusion of the purchase contract in such a way that it could not have influenced the Buyer's decision.
7.3.3. Delivery of goods with usual accessories, including packaging, assembly instructions, and other instructions for use that the Buyer can reasonably expect.
7.3.4. Conformity of the goods with the quality and design of the sample or model provided to the Buyer before the conclusion of the purchase contract.

7.4. The provisions specified above in point 7.3 are not applied in cases where the Seller explicitly notified the Buyer of deviations from usual properties before the conclusion of the contract and the Buyer expressed their consent to this.

7.5. Points 7.2 and 7.3 do not apply to goods whose defect was caused by the Buyer, nor to wear and tear resulting from normal use, or to defects of used goods corresponding to the extent of their previous use.

7.6. If a defect appears within one year of receipt of the goods, it is presumed that it existed at the time of receipt, unless the nature of the goods or the defect precludes this presumption. This period does not run during the time when the Buyer cannot use the goods due to a legitimate claim of a defect.

7.7. The Seller is also liable for defects arising from incorrect assembly or installation carried out according to the contract by the Seller or under their supervision, including defects caused by the inadequacy of the instructions provided to the Buyer for self-assembly or installation.

7.8. The Buyer has the right to make a complaint about a defect found in the goods for a period of two years from its receipt, unless the Seller and the Buyer agree otherwise or unless the Seller or manufacturer provides a special quality guarantee that exceeds the statutory obligations. If the Buyer legitimately notifies the Seller of a defect, the period for making a claim does not run during the time when the Buyer cannot use the goods. The Seller notes that some manufacturers provide an extended quality guarantee for their goods. More detailed information about the extended warranty can be found on the Seller's website in the "Warranty Extension" section.

7.9. The Buyer can file a complaint at the Seller's establishment, which is adapted for receiving complaints with regard to the nature of the sold assortment, or at their headquarters or place of business. Complaints can also be handled electronically through a complaint form located on the website in the "Complaints and Service" section.

7.10. The risk of damage passes to the Buyer at the moment of receipt of the goods. The same situation occurs if the Buyer does not accept the goods, although the Seller has allowed them to freely dispose of them. In the event that the acceptance of goods is carried out through a third party, the risk of damage passes to the Buyer at the moment when they were allowed to dispose of the goods, but at the earliest at the time determined for fulfillment. If the Seller hands over the goods to a carrier for transport to the Buyer, the risk of damage passes to the Buyer at the moment of handing over the goods to the first carrier heading to the place of delivery. Damages incurred after the transfer of this risk do not change the Buyer's obligation to pay the purchase price, unless the damage was caused by the Seller's neglect of their duties.

7.11. If the complaint is accepted, the Seller pays the Buyer only the value of the claimed goods.

7.12. Further details on the rights and obligations of the parties concerning the Seller's liability for defects are contained in the Seller's complaint procedure, which is available on the relevant website.

## 8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods by paying the entire purchase price.

8.2. The Seller has no obligations towards the Buyer arising from codes of conduct within the meaning of Section 1820, paragraph 1, letter n) of the Civil Code.

8.3. The handling of consumer complaints is ensured by the Seller via electronic address. The Buyer will be informed about the result of the complaint handling at their electronic address.

8.4. The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, which is available at the internet address https://adr.coi.cz/cs, is authorized for out-of-court resolution of consumer disputes arising from the purchase contract. The online platform available at http://ec.europa.eu/consumers/odr can also be used to resolve these disputes.

8.5. The contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes is the European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, at the internet address http://www.evropskyspotrebitel.cz.

8.6. The Seller is authorized to sell goods based on a trade license, and supervision of this authorization is carried out by the relevant trade licensing office within its competence. Compliance with personal data protection rules is monitored by the Office for Personal Data Protection, and the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer assumes responsibility for the risk of changing circumstances in accordance with Section 1765, paragraph 2 of the Civil Code.

## 9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfills their information obligation towards the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR Regulation"). This obligation concerns the processing of the Buyer's personal data for the purpose of fulfilling the purchase contract, negotiating this contract, and fulfilling the Seller's legal obligations. All details are provided in a separate document, which is available here.

## 10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. In accordance with Section 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services, as amended, the Buyer agrees that the Seller may send commercial communications to their email address or telephone number. The Seller fulfills their obligation to inform the Buyer according to Article 13 of the GDPR Regulation regarding the processing of personal data for the purpose of sending commercial communications through a special document referred to in Article 9.1 of the terms and conditions.

10.2. The Buyer may consent to the storage of so-called cookies on their device. The Seller's obligations when storing these files are specified in detail in a separate document available here.

## 11. USE OF THE SELLER'S WEBSITE

11.1. The Seller reserves the right to make changes to their website and store interface, including technical solutions and user environment. They are also entitled to limit or temporarily interrupt the functionality of the web store interface or access to it if it is necessary for reasons of maintenance, repair, or other operational reasons.

11.2. When using the Seller's website, the Buyer is obliged to act in accordance with the legal system of the Czech Republic. They also bear responsibility for any damage that would arise as a result of using these pages to themselves or to third parties for reasons related to the Buyer's actions.

11.3. If the Buyer violates the terms and conditions stated here or valid legal regulations, the Seller is entitled to cancel the Buyer's user account without prior notice.

## 12. FINAL PROVISIONS

12.1. Legal relationships arising from these terms and conditions are governed by the legal system of the Czech Republic, especially the Civil Code. If the purchase contract contains an international element, the parties have agreed that this relationship will be governed by Czech law. However, this does not affect the protection of the Buyer who is a consumer if the legal system, from whose mandatory provisions it is not possible to contractually deviate, guarantees a higher level of protection according to Article 6, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. In the event that any provision of these terms and conditions is invalid or ineffective, or becomes so, it will be replaced by a provision that corresponds most closely to the original intention in its meaning. The validity and effectiveness of the remaining provisions remain unaffected.

12.3. The purchase contract, including these terms and conditions, is archived by the Seller in electronic form and is not available to the Buyer for viewing.

12.4. A model form for withdrawal from the purchase contract is part of these terms and conditions (available here).

12.5. Images of goods on the website are for illustrative purposes only. In case of discrepancies, the description of the goods or the specification contained in the delivery always takes precedence.

12.6. These terms and conditions come into force and effect on February 1, 2025.

Sources