Terms and Conditions

I. Main provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) of the Czech law,

 

Ultimo Wave, s.r.o.

Identification Number: 02613930

Tax Identification Number: CZ02613930

Registered office: Libeř 22, 25241 Dolní Břežany

Registered at Municipal Court in Prague, section C, insertion 220499 

Contact person: Pavel Voloczek

E-mail: [email protected]

Phone: +420 732 161 358

www: www.ultimo.cz

(later just „Seller“)

 

1. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the physical person who concludes the Purchase Contract outside its business as a consumer or in the course of its business (hereinafter referred to as "Buyer") through a web interface located on a website available at www.ultimo.cz (hereinafter referred to as the "Internet Shop").
2. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. Divergent provisions in the Purchase Contract shall take precedence over the provisions of these terms and conditions.
3. These terms and conditions and the Purchase Contract are concluded in the English language.

II. Product information and prices

1. Information about the goods, including the prices of individual goods and its main features are given for individual goods in the Internet Shop catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal mail. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the different prices in Purchase Contract under individually negotiated conditions.
2. All presentations of goods placed in the Internet Shop catalog are of informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods.
3. The online store publishes information on the costs associated with packaging and delivery of goods.
4. Possible discounts with the purchase price of the goods cannot be combined, unless the Seller and the Buyer agree otherwise. 

III. Order and Purchase Contract agreement

1. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the standard rate.
2. The Buyer orders the goods in the following ways:

• Through his / her Customer Account if he / she has previously registered in Internet Shop
• By filling order form without registration

1. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
2. Before placing the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the button Place Order. The information given in the order is considered correct by the Seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the Buyer that he / she has become acquainted with these terms and conditions.
3. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when ordering. This confirmation is automatic and is not considered a Purchase Contract. Attached to the confirmation are the current Terms and Conditions of the Seller. The Purchase Contract is concluded after the receipt of the order by the Seller. The order receipt is delivered to the Buyer's email address.
4. In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send a modified offer to the Buyer's email address. The modified offer is considered a new draft of the Purchase Contract and the Purchase Contract is in such a case concluded by the Buyer confirming the acceptance of this offer to the Seller's email address specified in these Terms and Conditions.
5. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives a notification of receipt of the order by the Seller. The Buyer may cancel the order by telephone to the Seller's telephone number or email specified in these Terms and Conditions.
6. If there is an obvious technical error on the part of the Seller in the price of the goods display in the online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for this obviously faulty price even if the Buyer has been sent automatic confirmation according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer's email address. The modified offer is considered a new draft of the Purchase Contract and the Purchase Contract is in this case concluded by confirmation of receipt by the Buyer to the email address of the Seller. 

IV. Customer Account

1. Based on registration made in the Internet shop the Buyer can access his Customer Account. From his Customer Account, the Buyer can order goods. Buyer can also order goods without registration.
2. When registering in the Customer Account and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the Buyer in the Customer Account and when ordering goods are considered correct by the Seller.
3. Access to the Customer Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his Customer Account. The Seller is not responsible for possible misuse of the Customer Account by third parties.
4. The Buyer is not entitled to allow third parties to use his / her Customer Account.
5. The Seller may cancel the user account, especially if the Buyer no longer uses his user account, or if the Buyer breaches his obligations under the Contract and these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.

V. Payment terms and delivery of goods

1. The price of goods and any costs associated with the delivery of goods according to the Purchase Contract can be paid by the Buyer in the following ways:

• By bank transfer to the bank accounts of the Seller No. CZ2420100000002600574701 (for CZK) or CZ3120100000002002061586 (for EUR), both kept with FIO Bank,
• Cashless online payment via Comgate
• Cash on delivery for handover of goods (only available in the Czech Republic and Slovakia)
• Cash or card payment on personal collection in the store

1. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of goods.
2. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the Purchase Contract.
3. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider. [S16]
4. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.
5. The Seller does not require any advance or other similar payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
6. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure, within 48 hours
7. Goods are delivered to the Buyer:

• To address specified in order by Buyer
• Via the parcel dispatcher to the address of the dispenser designated by the Buyer
• Personal collection at the Seller's shop

1. The method of delivery is selected when ordering goods.
2. The costs of delivery of the goods depending on the method of sending and receiving the goods are stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
3. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery methods.
4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the Buyer need not take the shipment from the carrier.
5. The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent in electronic form by email, it can be attached to the delivered goods upon request.
6. The Buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest by taking over the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to take over the goods but did not do so contrary to the Purchase Contract.

VI. Withdrawals

1. The Buyer who concluded the Purchase Contract outside his business as a consumer has the right to withdraw from the Purchase Contract.
2. Time limit for withdrawal from contract period is 14 days

• From the date of receipt of the goods
• From the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
• From the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods

1. Among other things, the Buyer cannot withdraw from the Purchase Contract:

• The provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and the Seller has informed the Buyer before the conclusion of the contract that in this case he is not entitled to withdraw from the contract
• On the supply of goods or services the price of which depends on fluctuations of the financial market independently of the Seller's will and which may occur during the withdrawal period
• On the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of the financial market independent of the Seller's will
• On the delivery of goods which have been modified according to the wishes of the Buyer or for his person
• The delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery
• Delivery of goods in a sealed package which the Buyer has removed from the package and for hygienic reasons it cannot be returned
• Delivery of audio or video recordings or computer programs if they have breached their original packaging
• Delivery of newspapers, periodicals or magazines
• Delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer's prior express consent prior to the expiry of the withdrawal period, and prior to the conclusion of the contract, the Seller has informed the Buyer that he is not entitled to withdraw from the contract
• In other cases referred to in § 1837 of the Civil Code

1. To comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
2. For withdrawal from the contract, the Buyer may use the model withdrawal form provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
3. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the contract to the Seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal shipment.
4. If the Buyer withdraws from the Contract, the Seller shall return to him / her all funds, including delivery costs, which he / she received from him / her in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall refund the money received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
5. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.
6. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves that the goods were sent to the Seller.
7. Goods must be returned to the Seller undamaged, unworn and unpolluted and if possible in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
8. The Seller is entitled to withdraw from the Purchase Contract due to the stock sellout, unavailability of the goods, or if the manufacturer, importer or supplier of the goods interrupted the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return within 14 days of the notice of withdrawal from the Purchase Contract all funds including delivery costs received from him under the Contract in the same way or in the manner specified by the Buyer. 

VII. Rights from defective performance

1. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the goods were received:

• The goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the purchaser or manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising they carry out
• The goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used
• The goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model
• The goods are of an appropriate quantity, measure or weight
• The goods comply with legal requirements

1. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
2. If the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
3. The provisions of the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
4. In the event of a defect, the Buyer may submit a complaint to the Seller and require:

• Exchange for new goods
• Repair of goods
• Reasonable discount on the purchase price
• Withdraw from the contract

1. The Buyer has the right to withdraw from the contract,

• If the goods have a material defect
• If he / she cannot properly use the item for repeated occurrence of a defect or defects after repair
• In the case of multiple defects of goods

1. A breach of contract is substantial when the party breaching the contract already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
2. In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
3. If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or to withdraw from the contract.
4. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
5. If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
6. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
7. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
8. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue to the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
9. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
10. The seller informs the buyer in writing about the result of the complaint.
11. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer himself caused the defect.
12. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
13. The buyer has the choice of the method of complaint.
14.  The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
15. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in his Customer Account or order.

IX. Personal information

1. All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us written permission to do so, we will not use your data for any purpose other than for the purpose of performance under the contract, except for the email address to which commercial communications may be sent, as this is permitted by law unless you refuse. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or by clicking on a link in the commercial message). The e-mail address will be kept for this purpose for a period of 10 years from the conclusion of the last contract between the contracting parties.

X. Out-of-court settlement of disputes

1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.

X. Final provisions

1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose..
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
8. A model form for withdrawal from the contract is attached to the terms and conditions.

 

These terms and conditions take effect on 1. 1. 2022