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    Terms and Conditions

     I. Basic Provisions

    1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

    (hereinafter referred to as the "Seller")

    2. These Terms and Conditions regulate the mutual rights and obligations between the Seller and a natural person entering into a purchase contract outside their business activities as a consumer, or within their business activities (hereinafter referred to as the "Buyer") via the web interface located on the website www.komodi.cz (hereinafter referred to as the "Online Store").

    3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the purchase contract take precedence over these Terms and Conditions.

    4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

     

    II. Information about Goods and Prices

    1. Information about goods, including individual item prices and their main characteristics, is provided for each item in the Online Store catalog. Prices include VAT, all related fees, and costs for returning goods, if the nature of the goods prevents standard postal return. Prices remain valid as long as they are displayed in the Online Store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.

    2. All product presentations in the Online Store catalog are for information purposes, and the Seller is not obliged to conclude a purchase contract for these items.

    3. The Online Store includes information about packaging and delivery costs. These costs apply only to deliveries within the Czech Republic.

    4. Any discounts on product prices cannot be combined unless agreed otherwise by the Seller and the Buyer. ---

     

    III. Ordering and Concluding the Purchase Contract

    1. The Buyer bears the costs incurred from using remote communication tools in connection with concluding the purchase contract (internet connection, telephone charges). These costs do not differ from the standard rate.

    2. The Buyer places an order through:

    • Completing the order form.

    3. When placing an order, the Buyer selects the items, quantity, payment method, and delivery method.

    4. Before submitting the order, the Buyer can review and modify the information entered. The order is submitted to the Seller by clicking the "Submit Order" button. The Seller considers the information provided in the order as correct. For the order to be valid, all required information in the order form must be filled, and the Buyer must confirm that they have read these Terms and Conditions.

    5. Upon receiving the order, the Seller promptly sends an order confirmation to the email address provided by the Buyer. This confirmation is considered contract formation. The current Terms and Conditions are attached to the confirmation. The purchase contract is concluded by confirming the order by the Seller to the Buyer’s email address.

    6. If the Seller cannot fulfill any request specified in the order, they will send an amended offer to the Buyer’s email address. The amended offer is considered a new purchase contract proposal, which is concluded by the Buyer’s confirmation of acceptance sent to the Seller’s email address specified in these Terms and Conditions.

    7. All orders received by the Seller are binding. The Buyer may cancel an order until the Buyer receives a notice of order acceptance from the Seller. The Buyer can cancel the order by emailing the address provided in these Terms and Conditions.

    8. If there is an obvious technical error on the part of the Seller when listing the price of goods in the Online Store, or during the order process, the Seller is not obligated to deliver the goods to the Buyer for this clearly erroneous price, even if the Buyer received an automated order confirmation. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer’s email address. The amended offer is considered a new purchase contract proposal, which is concluded by the Buyer’s confirmation sent to the Seller’s email address.

     

    IV. Payment Terms and Delivery of Goods

    1. The Buyer may pay the price of goods and any associated delivery costs under the purchase contract as follows:

    • By bank transfer to the Seller’s account via the GoPay payment gateway
    • Via Google Pay
    • Via Apple Pay

    2. Along with the purchase price, the Buyer must pay the Seller the agreed delivery and packaging costs. Unless explicitly stated otherwise, the purchase price also includes delivery costs.

    3. For cash payments, the purchase price is payable upon collection of goods.

    4. For payments via the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

    5. The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before dispatching the goods is not considered an advance.

    6. Under the Act on Registration of Sales, the Seller is required to issue a receipt to the Buyer. The Seller must also register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

    7. Goods are delivered to the Buyer:

    • Via parcel delivery service to the specified pickup point,
    • Delivery to the selected address
    • By personal collection at the Seller’s premises.

    9. The delivery method is selected during the order process.

    10. Delivery costs, depending on the shipping and collection method, are stated in the Buyer's order and the Seller’s order confirmation. If the delivery method is arranged per the Buyer’s specific request, the Buyer assumes the risk and potential additional costs associated with this delivery method.

    11. If the Seller is obliged to deliver goods to a location specified by the Buyer in the order, the Buyer must accept the goods upon delivery. If delivery must be repeated or performed differently due to the Buyer’s actions, the Buyer must cover the costs of repeated or alternative delivery.

    12. Upon receiving goods from the carrier, the Buyer must check the packaging integrity and report any defects to the carrier immediately. If packaging shows signs of unauthorized access, the Buyer is not obliged to accept the shipment from the carrier.

    13. The Seller issues a tax document – an invoice – to the Buyer. The invoice is sent to the Buyer’s email address or included with the goods.

    14. Ownership of goods is transferred to the Buyer upon full payment of the purchase price, including delivery costs, but not before taking possession of the goods. Liability for accidental destruction, damage, or loss of goods transfers to the Buyer upon receipt or when the Buyer should have accepted the goods but failed to do so in breach of the purchase contract.

     

    V. Withdrawal from the Contract

    1. A Buyer who has concluded a purchase contract outside their business activities as a consumer has the right to withdraw from the purchase contract.

    2. The withdrawal period is 14 days: 

    • From the day of receiving the goods,
    • From the day of receiving the last delivery of goods, if the contract covers multiple types of goods or parts,
    • From the day of receiving the first delivery of goods, if the contract involves regular recurring deliveries of goods.

    3. The Buyer may not withdraw from the purchase contract in cases such as:

    • Provision of services if they have been fulfilled with the Buyer’s prior express consent before the end of the withdrawal period, and the Seller informed the Buyer that they would not have the right to withdraw,
    • Delivery of goods or services, the price of which depends on fluctuations in the financial market beyond the Seller’s control, which may occur during the withdrawal period,
    • Delivery of alcoholic beverages that may only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the Seller’s control,
    • Delivery of goods customized according to the Buyer’s wishes or specifically for the Buyer,
    • Delivery of perishable goods or goods irreversibly mixed with other goods after delivery,
    • Delivery of sealed goods that the Buyer has unsealed and which cannot be returned for health or hygiene reasons,
    • Delivery of audio or video recordings or computer software if the original packaging has been opened by the Buyer, - Delivery of newspapers, periodicals, or magazines,
    • Delivery of digital content not supplied on a tangible medium, if it was delivered with the Buyer’s prior express consent before the end of the withdrawal period and the Seller informed the Buyer that they would not have the right to withdraw.

    4. To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

    5. The Buyer may use the withdrawal form provided by the Seller to withdraw from the purchase contract. The Buyer sends the withdrawal form to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller will promptly confirm receipt of the form.

    6. A Buyer who withdraws from the contract must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular postal means.

    7. Upon withdrawal from the contract, the Seller will return all funds received from the Buyer, including delivery costs, without undue delay and no later than 14 days from the withdrawal, using the same payment method unless agreed otherwise. The Seller will return the funds using a different method only if the Buyer agrees and incurs no additional costs.

    8. If the Buyer selected a delivery method other than the least expensive option offered by the Seller, the Seller will refund the delivery costs equivalent to the least expensive delivery option.

    9. The Seller is not obliged to refund the received funds to the Buyer before receiving the returned goods or proof that the Buyer has sent the goods back.

    10. The Buyer must return the goods undamaged, unused, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally offset the claim for damages against the Buyer’s claim for a refund of the purchase price.

    11. The Seller may withdraw from the purchase contract due to sold-out stock, goods unavailability, or if the manufacturer, importer, or supplier has discontinued production or import of the goods. The Seller will promptly inform the Buyer via the email provided in the order and refund all funds received, including delivery costs, within 14 days from the notice of contract withdrawal, using the same payment method or another method as agreed with the Buyer.

    VI. Rights from Defective Performance

    1. The rights and obligations of the parties regarding defective performance are governed by the relevant generally binding legal regulations (particularly provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code), with respect to the provisions for the sale of used goods. The Buyer has the right to claim defects on goods that arise within 24 months from receipt, except for defects corresponding to the degree of use or wear and tear that the goods had at the time of receipt, which do not fall under the warranty for defects in goods within the meaning of § 2167(c) of the Civil Code. The Buyer has no rights from defective performance if they were aware of the defect before taking possession of the goods or caused the defect themselves

    2. If the goods have a defect that represents a substantial breach of contract, the Buyer has the right to request repair of the defect, a reasonable discount on the purchase price, or to withdraw from the contract. Given the uniqueness of each item, which is used (unless otherwise stated on the Online Store interface), replacement is not possible. If the goods have a defect representing a minor breach of contract, the Buyer has the right to repair of the defect or a reasonable discount on the purchase price.

    3. The Buyer exercises rights from defective performance with the Seller at the Seller's registered office address. The moment of claim application is the moment the Seller receives the claimed goods from the Buyer.

     

    VII. Communication

    1. The parties may deliver all written correspondence to each other via email.

    2. The Buyer shall deliver correspondence to the Seller’s email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer’s email address provided in their customer account or order.

     

    VIII. Personal Data

    1. All information you provide during our collaboration is confidential and will be treated as such. Unless you give written permission, your information will not be used for purposes other than contract fulfillment, except for your email address, which may be used to send commercial communications as permitted by law, unless you opt out. These communications may relate only to similar or related goods and can be unsubscribed at any time by sending a letter, an email, or clicking on a link in the commercial message. The email address will be kept for this purpose for 3 years from the last contract concluded between the parties.

     

    IX. Alternative Dispute Resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: [https://adr.coi.cz/cs](https://adr.coi.cz/cs), is responsible for out-of-court consumer dispute resolution arising from the purchase contract. The online dispute resolution platform available at [http://ec.europa.eu/consumers/odr](http://ec.europa.eu/consumers/odr) may be used to resolve disputes between the Seller and the Buyer under the purchase contract.

    2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: [http://www.evropskyspotrebitel.cz](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 authorized to sell goods based on a trade license. Trade control is carried out by the relevant trade office within its competence. The Czech Trade Inspection Authority exercises oversight within a specified scope, among other things, ensuring 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 legal order of the Czech Republic. If a relationship established by a purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

    2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826(1)(e) of the Civil Code.

    3. All rights to the Seller’s website content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the Seller’s consent.

    4. The Seller is not responsible for errors resulting from third-party interference with the Online Store or its use contrary to its intended purpose. The Buyer must not use procedures that could negatively affect the Online Store's operation and must not engage in any activity that could allow unauthorized access to or use of the software or other components comprising the Online Store, using it or its parts in ways contrary to its intended purpose.

    5. The Buyer assumes the risk of a change in circumstances within the meaning of § 1765(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 Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the Terms and Conditions.

     

    These Terms and Conditions are effective as of November 20, 2021.