Terms and conditions

Terms and conditions

I. General provisions

1. These general terms and conditions (hereinafter the “terms and conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter the “Civil Code“)

Kompresory PEMA, s.r.o.
Company ID: 26071363
VAT ID: CZ26071363
registered office: Výpadová 1036/24, 153 00 Praha – Radotín
registered with the Municipal Court in Prague, file reference C 190813

contact details:

email: info@kompresorypema.cz
telephone: +420 565 322 131
website: https://www.kompresorypema.cz (hereinafter the “seller“)  

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person concluding a sales contract outside their business activities as a consumer, or in the course of their business activities (hereinafter the “buyer”) through the web interface on the website available at https://www.kompresorypema.cz (hereinafter the “online shop“).

3. These terms and conditions form an integral part of the sales contract. Any differing arrangements in the sales contract take precedence over these terms and conditions.

4. These terms and conditions and the sales contract are concluded in Czech.

II. Product and price information

1. Product information, including individual prices and main characteristics, is provided for each item in the online shop catalogue. Prices include value added tax, all related charges and the costs of returning goods if, by their nature, they cannot be returned by ordinary post. Prices remain valid for as long as they are displayed in the online shop. This provision does not prevent a sales contract from being concluded on individually negotiated terms.

2. All product presentations in the online shop catalogue are for information only and do not oblige the seller to conclude a sales contract for those goods. 

3. The online shop publishes information on packaging and delivery costs. The packaging and delivery costs shown apply only to deliveries within the Czech Republic.

4. Discounts on the purchase price cannot be combined unless the seller and buyer agree otherwise.

III. Orders and conclusion of the sales contract

1. The buyer bears the costs of using remote communication to conclude the sales contract (internet access and telephone calls). These costs do not differ from the basic rate.

2. The buyer may order goods in the following ways:

• – through their customer account, if previously registered in the online shop,
• – by completing the order form without registration.

3. When placing an order, the buyer selects the goods, quantity, payment method and delivery method.

4. Before submitting the order, the buyer can check and amend the information entered. The buyer submits the order to the seller by clicking the “Order” button. The seller considers the information in the order to be correct. For the order to be valid, all mandatory fields must be completed and the buyer must confirm that they have read these terms and conditions.

5. Immediately after receiving the order, the seller sends an acknowledgement of receipt to the email address provided by the buyer. This acknowledgement is automatic and does not constitute conclusion of the contract. The seller's current terms and conditions are attached. The sales contract is concluded only when the seller accepts the order. Notice of acceptance is sent to the buyer's email address. / Immediately after receiving the order, the seller sends an acknowledgement of receipt to the email address provided by the buyer. This acknowledgement constitutes conclusion of the contract. The seller's current terms and conditions are attached. The sales contract is concluded when the seller confirms the order to the buyer's email address.

6. If the seller cannot meet any requirement in the order, they send an amended offer to the buyer's email address. The amended offer is a new proposal for a sales contract. In that case, the contract is concluded when the buyer confirms acceptance of the offer to the seller's email address stated in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer may cancel an order until they receive notice that the seller has accepted it. Cancellation may be made by telephone or email using the seller's contact details in these terms and conditions.

8. If an obvious technical error on the seller's part results in an incorrect price in the online shop or during ordering, the seller is not obliged to supply the goods at that clearly incorrect price, even if an automatic acknowledgement of receipt has been sent under these terms and conditions. The seller informs the buyer without undue delay and sends an amended offer to their email address. The amended offer is a new proposal for a sales contract. In that case, the contract is concluded when the buyer confirms acceptance to the seller's email address.

IV. Customer account

1. After registering in the online shop, the buyer can access their customer account and use it to order goods. Goods can also be ordered without registration.

2. When registering a customer account or ordering goods, the buyer must provide complete, correct and truthful information. The buyer must update their account details whenever they change. The seller considers the information provided in the customer account and when ordering to be correct.

3. Access to the customer account is secured by a username and password. The buyer must keep their account access information confidential. The seller is not liable for any misuse of the account by third parties.

4. The buyer may not allow third parties to use their customer account.

5. The seller may cancel the account, particularly if the buyer has not used it for an extended period or breaches their obligations under the sales contract and these terms and conditions.

6. The buyer acknowledges that the account may not be available continuously, particularly because of necessary maintenance of the seller's or third parties' hardware and software.

V. Payment terms and delivery

1. The buyer may pay the price of the goods and any delivery costs under the sales contract in the following ways:

• – by bank transfer to the seller's account No. 168063857 / 0600, held with MMB, a. s., Pelhřimov,
• – by payment card,
• – cash on delivery,
• – in cash or by card when collecting the goods at the seller's premises.

2. Along with the purchase price, the buyer must pay the agreed packaging and delivery costs. Unless expressly stated otherwise below, references to the purchase price also include delivery costs.

3. For cash payments, the purchase price is due upon receipt of the goods. For non-cash payments, it is due within 5 days of conclusion of the sales contract.

4. When paying through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. For non-cash payments, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. The seller does not require any deposit or similar advance payment. Payment of the purchase price before dispatch is not a deposit.

7. The seller is not obliged to issue a receipt under Act No. 112/2016 Coll. on the Registration of Sales (hereinafter the “Registration of Sales Act”), nor to register the received payment online with the tax administrator under that Act.

8. Goods are delivered to the buyer:

• – to the address specified by the buyer in the order
• – by personal collection at the seller's premises

9. The delivery method is selected when ordering.

10. Delivery costs, depending on the method of dispatch and receipt, are stated in the buyer's order and the seller's order confirmation. If transport is arranged to meet a special request from the buyer, the buyer bears the associated risk and any additional costs.

11. If the sales contract requires the seller to deliver to a location specified by the buyer in the order, the buyer must accept the goods on delivery. If, for reasons attributable to the buyer, delivery must be repeated or made in a different way from that stated in the order, the buyer must pay the costs of repeated delivery or the alternative delivery method.

12. On receiving goods from the carrier, the buyer must check that the packaging is intact and immediately notify the carrier of any defects. If damage to the packaging indicates unauthorised interference with the shipment, the buyer need not accept it from the carrier.

13. The seller issues a tax document — an invoice — to the buyer. The tax document is sent to the buyer's email address. / The tax document is enclosed with the delivered goods.

14. The buyer acquires ownership of the goods upon payment of the full purchase price, including delivery costs, but no earlier than receipt of the goods. Liability for accidental destruction, damage or loss passes to the buyer upon receipt, or when the buyer was obliged to accept the goods but failed to do so in breach of the sales contract.

VI. Withdrawal from the contract

1. A buyer who concludes a sales contract outside their business activities as a consumer has the right to withdraw from the contract.

2. The withdrawal period is 14 days

• – from the date of receipt of the goods,
• – from the date of receipt of the final delivery, if the contract covers several types of goods or delivery in several parts
• – from the date of receipt of the first delivery, if the contract provides for regular recurring deliveries.

3. The buyer cannot withdraw from a contract concerning, among other things: 

• – services performed with the buyer's prior express consent before the withdrawal period expires, where the seller informed the buyer before conclusion of the contract that the right of withdrawal would be lost in that case,
• – goods or services whose price depends on financial market fluctuations beyond the seller's control that may occur during the withdrawal period,
• – alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations beyond the seller's control,
• – goods customised to the buyer's wishes or personalised for them,
• – perishable goods or goods irreversibly mixed with other goods after delivery,
• – sealed goods removed from their packaging by the buyer that cannot be returned for hygiene reasons,
• – audio or video recordings or computer software whose original packaging has been opened,
• – newspapers, periodicals or magazines,
• – digital content not supplied on a physical medium, delivered with the buyer's prior express consent before the withdrawal period expires, where the seller informed the buyer before conclusion of the contract that the right of withdrawal would be lost in that case,
• – other cases specified in Section 1837 of the Civil Code.

4. To meet the withdrawal deadline, the buyer must send the withdrawal statement within the withdrawal period.

5. The buyer may use the model withdrawal form provided by the seller. The withdrawal statement must be sent to the seller's email or postal address given in these terms and conditions. The seller will promptly confirm receipt of the form.

6. A buyer who withdraws must return the goods to the seller within 14 days of withdrawal. The buyer bears the return costs, including where the goods cannot, by their nature, be returned by ordinary post.

7. If the buyer withdraws, the seller will refund all payments received, including delivery costs, without undue delay and no later than 14 days after withdrawal, using the same payment method. Another method may be used only with the buyer's consent and provided it incurs no additional costs for them.

8. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will refund delivery costs only up to the cost of the cheapest offered method.

9. After withdrawal, the seller is not obliged to refund the buyer until the goods are returned or the buyer proves that they have sent them back.

10. Goods must be returned undamaged, unworn and clean and, if possible, in their original packaging. The seller may unilaterally offset a claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

11. The seller may withdraw from the sales contract if stocks are exhausted, goods are unavailable, or the manufacturer, importer or supplier has discontinued production or import. The seller will promptly notify the buyer at the email address given in the order and, within 14 days of the withdrawal notice, refund all payments received under the contract, including delivery costs, using the same method or a method specified by the buyer.

VII. Warranties and complaints procedure

1. For consumer goods sold to a consumer, the warranty period is 24 months. The warranty does not cover wear caused by normal use. For goods sold at a reduced price, it does not cover defects for which the price was reduced. For used goods, the Seller is not liable for defects corresponding to the degree of use or wear present when the Buyer received them; the warranty period for other defects is 12 months.

2. For goods sold to a business, the warranty period is 12 months unless the parties agree otherwise or the Seller expressly grants a longer warranty for a particular product. Any extended period is shown for the product in the online shop and confirmed in the order confirmation sent to the Buyer. For reduced-price goods, the warranty does not cover defects for which the price was reduced. For used goods, the Seller is not liable for defects corresponding to the degree of use or wear present on receipt by the Buyer; the warranty period for other defects is 12 months.

3. A warranty repair claim must state the reason for the complaint. Goods sent to the Seller must be packed to prevent damage in transit.

4. The Seller provides after-warranty service. Repaired goods will be sent to the Buyer at the Seller's expense.

5. Complaints procedure

If a defect arises during the warranty period, the Buyer's rights under the warranty depend on the nature of the defect:

for a remediable defect:

– free, proper and timely repair of the defect
– replacement of the defective goods or component, unless disproportionate to the nature of the defect
– if the remedies under a.) and b.) are not possible, a reasonable price reduction or withdrawal from the sales contract.

for an irremediable defect:

– replacement of the defective goods or withdrawal from the sales contract for a remediable defect if the Buyer cannot use the item properly because the defect recurs after repair (the same defect has already been the subject of three complaints) or because of multiple defects,
– replacement of the defective goods or withdrawal from the sales contract for other irremediable defects where the consumer does not request replacement,
– a reasonable price reduction or withdrawal from the sales contract.

Complaints may be submitted to the Seller at the premises at Matějkova 2268, 393 01 Pelhřimov

Complaints do not cover defects or damage demonstrably caused by improper use contrary to the instructions, other improper conduct by the Buyer, proven unauthorised modifications, or normal wear of consumer goods.

For goods requiring maintenance solely by the Seller or a suitably qualified person authorised by the Seller, the Buyer loses the warranty if anyone else performs maintenance or repairs. Such goods will be identified in the online shop and order confirmation. For other goods, the Buyer loses the warranty if unsuitable parts, lubricants or similar items of inadequate quality for the goods are used for repair or maintenance.

VIII. Correspondence

1. The parties may exchange all written correspondence by email.

2. The buyer sends correspondence to the seller's email address in these terms and conditions. The seller sends correspondence to the email address in the buyer's customer account or order.

XI. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No. 000 20 869, website https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the sales contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and buyer arising from the sales contract.

2. The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Praha 2, website http://www.evropskyspotrebitel.cz, is the contact point under 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 consumer ODR).

3. The seller is authorised to sell goods under a trade licence. The competent trade licensing authority carries out trade supervision within its remit. The Czech Trade Inspection Authority supervises, within its defined remit, compliance with Act No. 634/1992 Coll. on Consumer Protection, among other matters.

X. Final provisions

1. All arrangements between the seller and buyer are governed by the laws of the Czech Republic. If the relationship established by the sales contract has an international element, the parties agree that it is governed by Czech law. This does not affect consumer rights arising from generally binding legal provisions.

2. The seller is not bound towards the buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the seller's website, particularly copyright in its content, including page layout, photographs, videos, graphics, trademarks, logo and other content and elements, belong to the seller. Copying, modifying or otherwise using the website or any part of it without the seller's consent is prohibited.

4. The seller is not liable for errors caused by third-party interference with the online shop or by its use contrary to its intended purpose. The buyer must not use procedures that could adversely affect its operation, undertake activities enabling them or third parties to interfere with or use its software or other components without authorisation, or use the online shop, its parts or software contrary to their intended use or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The sales contract, including these terms and conditions, is archived electronically by the seller and is not accessible.

7. The seller may amend or supplement these terms and conditions. This does not affect rights and obligations arising while the previous version was in force.

8. A model withdrawal form is attached to these terms and conditions.

These terms and conditions take effect on 23 March 2020

Attachment to the terms and conditions: Model withdrawal form