Terms of Service

Online store https://inmart.cz/

  1. Basic provision

These general terms and conditions (hereinafter referred to as the “terms and conditions”) of the trading company THUNDER GATE s.r.o., Ráječek 1600/22, 789 01 Zábřeh, Czech Republic, registered at the Regional Court in Ostrava, section C, file 67178, identification number: 05343445, VAT number: CZ05343445, (hereinafter referred to as the “seller”) are issued pursuant to § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”).

1.2. These terms and conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the online store at https://inmart.cz/ (hereinafter “online store only”).

1.3. The terms and conditions and the purchase contract are primarily drawn up in the Czech language, unless the contracting parties agree on a different language. The contractual relationship is governed by Czech law as amended.

1.4 These terms and conditions define the relationship and the rights and obligations arising from it only between the seller and the buyer – a natural person, a non-entrepreneur, who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.

1.5 The seller may change or supplement the wording of the terms and conditions based on § 1752 of Act No. 89/2012 Coll., Civil Code. The change in the terms and conditions will be notified to the buyer via the seller’s website, specifically at https://inmart.cz/ in the Terms and Conditions, indicating the effective date of the new terms and the possibility to preview the wording of the previous ones.

The other party has the right to reject changes, in the case of a long-term contract for repeated performance, and to terminate the obligation for this reason within a period of one month from the date of entry into force of the new conditions.

  1. Ordering goods and concluding a purchase contract

2.1 The presentation of the goods listed in the online store https://inmart.cz/ is not an offer to conclude a contract, it is only informative and the seller is not obliged to conclude a purchase contract regarding these goods.

2.2 The prices of goods are listed including value added tax, if the seller is the payer of such tax (VAT), excluding postage and packaging. The price indicated for the product is the final price for the product. The price of the goods is valid for the time it is displayed in the online store https://inmart.cz/.

2.3 The online store https://inmart.cz/ also contains, in a specific place, information about the costs associated with the packaging and delivery of goods as part of their delivery within the territory of the Czech Republic.

2.4 The costs associated with packaging and delivery of goods in the territory of the Czech Republic are always listed before sending the order through the website of this online store. Costs are calculated according to public and private price lists of transport companies depending on the weight, payment method and delivery method selected in the order form.

2.5 Before sending the order to the seller, the buyer is allowed to change the order and edit the data he entered in the order and to check the correctness of the entered data.

2.6 The buyer’s costs incurred when using remote communication means in connection with the conclusion of the purchase contract (phone call costs, internet connection costs, etc.) on the buyer’s side are paid by the buyer himself.

2.7 The buyer orders goods in the following ways:

  • a) the buyer “puts” the ordered goods into the shopping basket of the online store, by pressing the “Add to basket” button, through his user account, if he registered in the previous step in the online store https://inmart.cz/
  • b) the buyer “puts” the ordered goods into the shopping basket of the online store by pressing the “Add to basket” button, without the need for a customer account and registration.

2.8 The buyer sends the order to the seller by clicking on the “Order and pay” button. All data given in the order are considered correct by the seller. The buyer thus confirms that he has filled in all the mandatory data correctly, to the best of his knowledge and conscience when creating the order and by clicking the “I order and pay” button, he agrees to these terms and conditions. The check box is used for confirmation and consent.

2.9 All orders sent by the buyer to the seller are considered binding by the seller.

2.10 Immediately after sending the order to the seller, the seller issues a confirmation of delivery of the order to the buyer via e-mail to the contact specified by the buyer in the order or in the user account of the online store https://inmart.cz/, where the buyer registered. This confirmation is not considered to be the conclusion of a purchase contract.

2.11 Upon delivery of the order from the buyer, the seller has the right to contact the buyer in order to complete the missing data, and possibly change and modify the data in the order.

2.12 If the nature of the order requires it, the seller is entitled to contact the buyer and request his cooperation to conclude the purchase contract.

2.13 The conclusion of the purchase contract between the seller and the buyer is only created when the order is confirmed by the seller. The seller issues the order confirmation to the buyer and sends it to the e-mail address provided by the buyer in the order.

2.14 In the event of a technical failure on the part of the seller, an obviously incorrect display of product prices or a combination of discounts causing the minimum price of an online store order, the seller is not obliged to deliver the goods or service to the buyer at the specified price. Even if the order is confirmed or paid for by non-cash payment (payment card, bank transfer or other payment method).

2.15 These terms and conditions apply only to the purchase of goods via the online store https://inmart.cz/

  1. Price

3.1 The price for the goods and any costs associated with transport, product modification (if the seller provides it directly in the online store) can be paid by the buyer in the following ways:

  • by non-cash transfer to the seller’s bank account No. 4315478349 / 0800, maintained at Česká spořitelna, as for CZK or IBAN: CZ6908000000004315478349, SWIFT : GIBACZXXXX for EUR .

3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3.3 In the case of payment on delivery or in cash, the price of the goods is payable upon receipt or on the day of delivery of the goods. In the case of non-cash payment, the purchase price is due within days of concluding the purchase contract.

3.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price together with the specified variable symbol to the seller’s bank account. The buyer’s obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller’s account.

3.5 According to the provisions of §1820 paragraph 1 letter q) of the Civil Code, the seller does not require a deposit or other similar payment from the buyer, unless the nature of the product requires it and the seller does not agree otherwise with the buyer. Payment of the purchase price of the goods before they are sent cannot be considered as a deposit.

3.6 Possible price advantages and discounts from the purchase price of goods cannot be combined with each other, unless the seller decides otherwise. The buyer is always informed about possible combinations of discounts, benefits, etc. and the final price of the goods before sending the order.

3.7. The tax document is drawn up by the seller only after the purchase price of the goods has been paid by the buyer and is delivered by the seller to the buyer at the e-mail address provided by the buyer in the order and/or physically handed over when picking up the goods in person at the seller’s premises and/or sent to the buyer at the same time as the goods.

3.8 The seller can use the system of adjusting the price to the person of the buyer based on automated decision-making according to a predefined algorithm. If the price is adapted to the buyer, the seller will immediately inform the buyer of this fact.

3.9 In the event that the subject of the obligation between the seller and the buyer is the provision of digital content, a digital content service and a thing with digital properties that is not delivered on a physical medium, the consumer expressly agrees to the commencement of performance before the expiration of the withdrawal period and that he acknowledges, that by granting consent, his right to withdraw from the contract according to § 1837 letter l).

 

  1. Delivery of goods

4.1 The costs for the delivery of the goods are always stated in the order and the subsequent confirmation issued by the seller according to the specified method and type of delivery.

4.2 The buyer is obliged to take over the goods at the place indicated in the order, if he does not do so, he runs the risk of non-delivery of the goods and their return to the seller. In the event of subsequent repeated delivery requested by the seller, the buyer takes note of repeated transport costs in the amount of its original price.

4.3 When receiving the goods from the carrier, the buyer is obliged to thoroughly check the shipment for damage to the packaging or the goods themselves. If the buyer does not agree to take over the goods, he is obliged to notify the carrier of this fact without delay. In the case of detection of defects on the packaging or directly on the goods, the buyer is not obliged to accept the shipment from the carrier.

4.4 By paying for the goods and taking over the goods from the carrier, the buyer acquires the right of ownership and all related obligations. Upon acceptance of the goods by the buyer, the risk of damage to the goods passes to the buyer.

4.5 The goods are delivered to the buyer:

  • Through external carriers
  • To the address specified by the buyer in the order

4.6 There is no charge for personal collection.

4.7 The goods are usually handed over to the carrier within 2 working days of crediting the payment to our bank account.

  1. Customer’s account

5.1 A buyer who registers in the online store https://inmart.cz/ can gain access to a user account from which he can create orders for goods. If the functionality of the store allows ordering goods without registration, the buyer can also order goods without registration.

5.2 When registering for a user account and when ordering goods, the buyer is obliged to provide correct and truthful information. In case of data changes, the buyer is obliged to update these data in the user account, or report this change to the seller immediately. The data filled in by the buyer are considered to be the only and correct.

5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and the buyer must not provide this data to a third party, if he does so, then only at his own risk. The operator of the website https://inmart.cz/ stores the access data to the Buyer’s account in an encrypted form.

5.4 The seller is not responsible for any misuse of the user account by a third party.

5.5 The seller reserves the right to cancel the buyer’s user account, especially if the buyer does not actively use it for a demonstrably longer period than 12 months. In the event that the buyer violates the obligations of the purchase contract and these general terms and conditions or other business agreements with the operator of the website https://inmart.cz/.

5.6 The operator of the website https://inmart.cz/ is not obliged to ensure continuous operation of user accounts, especially for planned shutdowns, updates or malfunctions.

  1. Withdrawal from the purchase contract

6.1 According to the provisions of § 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract in the following cases:

  • about the provision of services, if they were provided in full; in the case of performance for consideration, only if it began with the prior express consent of the consumer before the expiry of the period for withdrawing from the contract and the entrepreneur informed the consumer before concluding the contract that the right to withdraw from the contract expires by providing the performance,
  • on the delivery of goods or services, the price of which depends on fluctuations in the financial market, independent of the entrepreneur’s will, and which may occur during the period for withdrawing from the contract,
  • about the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, with the fact that the delivery can only be made after thirty days and whose real value depends on market fluctuations independent of the entrepreneur’s will,
  • on the delivery of goods manufactured according to the consumer’s requirements or adapted to his personal needs,
  • on the delivery of perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,
  • on urgent repair or maintenance to be carried out at the place designated by the consumer at his express request; however, this does not apply to the performance of other than requested repairs or the delivery of goods other than spare parts necessary for repair or maintenance,
  • on the delivery of goods in sealed packaging, which for reasons of health protection or hygiene reasons is not suitable to return after the consumer has broken it,
  • on the delivery of an audio or video recording or a computer program in a sealed package, if the consumer has violated it,
  • on the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for their delivery,
  • about accommodation, transport of goods, rental of means of transport, catering or use of free time, if it is to be fulfilled according to the contract on a certain date or during a certain period,
  • concluded on the basis of a public auction according to another law, which the consumer may be physically present, or
  • about the delivery of digital content that is not delivered on a tangible medium, after fulfillment has begun; in the case of performance for consideration, if it began with the prior express consent of the consumer before the expiry of the period for withdrawing from the contract, the consumer was informed that the right to withdraw from the contract thereby expires, and the entrepreneur provided him with a confirmation in accordance with Section 1824a paragraphs 1 and 2 or Section 1828 paragraph 3 and 4. 2 of Act No. 89/2012 Coll., Civil Code, as amended.

6.2 If the cases listed in paragraph 6.1 of these general conditions for withdrawal from the purchase contract do not apply, the buyer is entitled to withdraw from the purchase contract within 14 days of taking over the goods, according to § 1829, paragraph 1 of the Civil Code.

6.3 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods).

6.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).

6.5 In the case of withdrawal from the purchase contract according to § 1829 paragraph 1 of the Civil Code, the seller will return the received funds to the buyer within 14 days of receiving the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller, or otherwise as agreed with the buyer.

6.6 The buyer returns goods to the seller that must not be damaged, must not show signs of excessive use, and must not be soiled or otherwise degraded. In case of excessive use beyond the If possible, the buyer will also return the goods in the original packaging. The buyer is liable to the entrepreneur only for the decrease in the value of the goods that occurred as a result of handling the goods in a way other than what is necessary to familiarize himself with the nature, properties and functionality of the goods.

6.7 If the seller offers several options for the delivery of the goods, when the buyer withdraws from the contract and returns the goods to the seller, the amount of postage is always returned to the buyer according to the cheapest method of delivery according to the given variant. This amount is then returned by the seller to the buyer, against the buyer’s right to a refund of the purchase price.

6.8 The funds will be returned to the buyer in the same way as the seller received them, unless otherwise agreed with the buyer.

6.9 If the order includes a gift from the seller, the buyer is not obliged to return this gift to the seller by withdrawing from the purchase contract.

6.10 Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: info @ inmart.cz, or through another communication channel used by the seller. The seller will immediately confirm the acceptance of withdrawal from the purchase contract to the buyer.

6.11 To withdraw from the purchase contract, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The form for withdrawal from the contract is sent to the buyer at the same time as the order confirmation and is also available for download separately at https://inmart.cz/.

6.12 The seller is entitled to withdraw from the purchase contract until the moment of acceptance of the goods by the buyer. It can do so in several cases, such as stock out, interruption of supply of goods from the manufacturer or supplier, or due to unavailability of goods and other cases caused by a third party.

6.13 In case of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via e-mail address, telephone or other communication channel. All funds received, including shipping costs from the buyer, will be returned by the seller in the same way, or in a different way specified by the buyer.

6.14 If the subject of the obligation between the seller and the buyer is the provision of digital content, a digital content service and a thing with digital properties that is not delivered on a tangible medium, the period for withdrawing from the purchase contract ends fourteen days after the date of conclusion of the contract.

6.15 If the buyer withdraws from the contract and if a material carrier was handed over to him in connection with the provision of digital content, he shall hand it over to the seller at his request and expense without undue delay. The seller can request the release of a material carrier within fourteen days from the end of the obligation. And at the same time, the buyer refrains from using according to § 2389o, paragraph 2 of Act No. 89/2012 Coll., Civil Code, as amended.

6.16 The buyer does not bear any costs for withdrawing from the purchase contract if the subject of the purchase contract was the delivery of digital content, a digital content service and an item with digital properties that was not delivered on a physical medium and the seller delivered it before the expiry of the withdrawal period, although the buyer o he did not explicitly ask for it, or he did not expressly acknowledge that his right to withdraw from the contract would expire, or the seller did not provide the buyer with a confirmation pursuant to Section 1824a paragraphs 1 and 2 or Section 1828 paragraphs 3 and 4 of Act No. 89/2012 Coll., Civil Code, as amended.

6.17 The buyer does not have to state a specific reason for withdrawing from the purchase contract.

 

  1. Rights from defective performance

7.1 Rights from defective performance are governed by the provisions of § 1914 to 1925, § 2099 to § 2117, and then § 2161 to § 2174b of Act No. 89/2012 Coll., Civil Code, as amended, and also according to Act No. 634/1992 Coll., on consumer protection, as amended.

7.2 The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,

  • the thing has the properties agreed upon by the parties and, in the absence of an agreement, those properties which the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the item is suitable for the purpose for which the seller states its use or for which the item of this type is usually used,
  • the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
  • is the thing in the corresponding quantity, measure or weight,
  • the goods comply with the requirements of legal regulations.

7.3 If a defect becomes apparent within twelve months of acceptance, it is considered that the item was already defective upon acceptance.

7.4 If the nature of the goods or service allows, the buyer has the right to inspect or demonstrate the function of the product.

7.5 If the buyer did not report the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.

7.6 If there is a defect in the goods, for which the goods cannot be used in the usual way, the buyer can apply to the seller the right from defective performance (“complaint”) and demand:

  • removal of a defect by delivering a new item without a defect or by supplying a missing defect
  • a reasonable discount from the purchase price,
  • removing the defect by repairing the item
  • withdrawal from the contract.

7.7 The buyer is entitled to withdraw from the purchase contract if the goods:

  • shows a significant defect that makes it impossible to use it in the usual way,
  • if the goods cannot be used due to recurring defects and defects/defects after repair,

 

  • with a larger number of defects (3 or more defects) ,

 

  • it is apparent from the seller’s statement or from the circumstances that the defect will not be rectified within a reasonable time or without considerable difficulty for the buyer.

7.8 The buyer informs the seller in writing what right he has chosen upon notification of the defect, or without undue delay after notification of the defect to the seller. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable.

7.9 As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer.

7.10 The buyer cannot exercise the right from defective performance if he knew about the defect at the time of acceptance or caused it himself.

7.11 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature and type of the goods allows it.

7.12 The seller will notify the buyer in writing about the outcome of the complaint.

7.13 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from the receipt of the goods. However, if it is a product with a stated expiration date, in that case the period is reduced to the expiration date indicated on the packaging.

7.14 If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.

  1. Out-of-court dispute resolution

8.1 Mutual disputes between the seller and the buyer are resolved by general courts.

8.2 According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection (abbreviated ČOI) at Štěpánská 567/15, 120 00, Prague 2 – Nové Město. How to proceed in case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the website https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.

8.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Center Czech Republic (abbreviated ESC CR). The contact address of ESC CR is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information on individual markets, including a platform for resolving out-of-court consumer disputes, can be found on the websites https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.

  1. Final Provisions

9.1 The arrangements resulting from these terms and conditions and the purchase contract concluded between the buyer and the seller in accordance with them, in the case of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the buyer’s rights according to Regulation (EC) No. 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other failure of the online store, the seller is not responsible for the impossibility of executing the order.

9.3 In the purchase contract, it is possible to negotiate deviating provisions, which then take precedence over the provision of these terms and conditions.

9.4 The seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect the right and obligations, according to the previous version of the general terms and conditions.

These terms and conditions take effect on 31 December 2022.

  1. Complaints Procedure

10.1 This complaint procedure is an integral part of the general terms and conditions of the online store https://inmart.cz/, and defines the basic conditions and method of complaint of product defects by the buyer.

This complaint procedure is based on the provisions of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection. This complaint regulation defines the relationship between the seller and the buyer – a natural person, a non-entrepreneur, who concludes the contract exclusively outside the scope of his business activity or independent performance of his profession.

10.2 The buyer is obliged to familiarize himself with the general terms and conditions and the complaint procedure before ordering the goods, but the buyer will familiarize himself with them at the latest before sending the order in the online store https://inmart.cz/, when he agrees to understand them and familiarize himself with they are confirmed by the buyer by checking the relevant field when creating the order itself. Without checking this box, the buyer’s order cannot be shipped. The Seller/Operator of the website https://inmart.cz/ records Buyers’ orders, also records the ticking of the specified field.

10.3 The conclusion of the purchase contract and acceptance of the goods by the buyer is considered as consent to the complaints procedure and business conditions.

10.4 The buyer is obliged to prove the purchase of goods in the online store https://inmart.cz/ especially with a tax document issued by the seller.

10.5 In order to speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.

10.6 If the order is divided, or contains several parts (or goods) that are delivered at intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).

10.7 The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,

  • the thing has the properties agreed upon by the parties and, in the absence of an agreement, those properties which the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the item is suitable for the purpose for which the seller states its use or for which the item of this type is usually used,
  • the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
  • is the thing in the corresponding quantity, measure or weight,
  • the goods comply with the requirements of legal regulations.

10.8 If a defect becomes apparent within twelve months of receipt, it is considered that the item was already defective upon receipt.

10.9 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature of the goods allows it. The address for receiving product complaints is: THUNDER GATE s.r.o., Ráječek 1600/22, 789 01 Zábřeh.

10.10 The seller shall notify the buyer in writing of the acceptance of the goods for complaint and of the result of the complaint.

10.11 These complaints rules govern complaints about defects that occur in goods within twenty-four (24) months of receipt, or within the framework of a quality guarantee (for example, an extended guarantee).

10.12 This complaint procedure does not regulate goods with a specified expiration date in the sense of section No. 10.15 of these terms and conditions.

10.13 If the seller does not remove the defect in time or refuses to remove the defect, the buyer may request a discount from the purchase price or withdraw from the purchase contract.

10.14 The buyer can file a claim and, at his option, request settlement according to points in paragraph 6.6 of the seller’s terms and conditions.

10.15 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months of receipt. However, if it is not a product with a specified expiration date, in that case the period is reduced to the expiration date indicated on the packaging.

10.16 If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance last.

10.17 If necessary, the seller shall explain in a comprehensible manner the content, scope, conditions and duration of his responsibility as well as the manner in which the rights arising from it can be exercised. At the same time, the seller states in the confirmation that the buyer’s other rights related to the purchase of the item are not affected.

Failure to fulfill these obligations does not affect the validity of the confirmation.

This complaint regulation takes effect on December 31, 2022.