Joint-stock
company

TONAK a.s.
having its registered office at Zborovská 823,
741 01 Nový Jičín, Czech Republic

Registered Number

incorporated in the Companies Register of the Regional Court in Ústí nad Labem, Section C, File 31593 for the sale of goods through an on-line shop located at the Internet address www.tonak.cz

1. Information

1.1. The information about the goods and price stated by the seller are binding with the exception of an obvious defect. The prices are presented including all taxes (e.g. VAT) and fees, excluding goods delivery costs. The seller does not require any fees in relation to the mode of payment.

1.2. The photographs stated on the website of the shop correspond to the sold goods.

2. Payment and shipping

2.1. The seller shall deliver the full goods to the buyer at the latest within 15 days of confirmation of the order. The buyer is obliged to takeover the goods and pay for them. It is recommended that the buyer should upon takeover of the goods check them as soon as possible.


GLS courier service EUR 12

3. Cancellation of the Order and Withdrawal from the Contract

3.1. The buyer is entitled to cancel the order free-of-charge at any time before delivery of the goods.

3.2. The buyer may withdraw from the contract within 14 days of takeover of the goods regardless of the method of takeover of the goods or payment. The stated period is intended for the buyer to get adequately acquainted with the nature, properties and functionality of the goods.

3.3. For the purposes of exercise of the right of withdrawal from the contract, the buyer must give notice of withdrawal from the contract to TONAK a. s., Zborovská 823, 741 01 Nový Jičín, e-mail: eshop@tonak.cz, telephone 556 202 111 in the form of a unilateral legal act (e.g. by letter, fax or e-mail). They may use the template, but they are not obliged to do so.

3.4. Withdrawal from the contract must be notified to the seller within a period of 14 days. The buyer need not state any reason for withdrawal from contract. For easier communication, the buyer in the notice of withdrawal shall state the date or number of the order or invoice and bank details.

3.5. The seller must refund all payments received from the buyer including the delivery costs no later than 14 days from the date of receipt of the buyer’s notice of withdrawal from the contract (except for additional costs incurred as a result of the means of delivery chosen by the buyer other than the least expensive means of standard delivery offered by the seller). The seller will refund the payment after receiving the returned goods, or once the buyer proves that they have sent the goods back, whichever occurs first.

3.6. The goods should be returned to the seller in full (not on COD basis), at best in undamaged original packaging, and must not show signs of wear or damage. The costs of return of the goods are borne by the buyer.

3.7. If the returned goods are damaged due to a breach of duty on the part of the buyer, the seller is entitled to seek compensation of damage from the buyer and offset such amount against the refunded amount.

4. Statutory Liability of the Seller (for Agreement of the Delivered Goods with the Purchase Contract and for Defects Ascertained within the Warranty Period)

4.1.Quality at takeover

4.1.1 If the goods taken over have defects (e.g. they lack the agreed or justifiably expected properties, they are unsuitable for normal or agreed purpose, they are incomplete, their quantity, measure, weight, or quality does not comply with other statutory, contractual or even pre-contract parameters), this is a defect on the goods for which the seller is liable.

4.1.2 The buyer may seek remedy of a defect or a reasonable discount on the price of the goods from the seller no later than two years after takeover of the goods; if the nature of the defect is not disproportionate (particularly if it cannot be remedied without undue delay), it is possible to seek delivery of a new defect-free item or a new defect-free component, if the defect applies to such a component.

4.1.3 If repair or replacement of the goods is not possible, it is possible to seek a refund of the full purchase price on the basis of withdrawal from the contract.

4.1.4 Within a period of six months after takeover of the goods, it shall be presumed that the defect already existed at the time of their takeover.

4.1.5 The seller is not obliged to accommodate the buyer’s claim if it is proven that the buyer was aware of the defect before takeover of the goods or caused it themselves.


4.2.Statutory rights for defects

4.2.1 The seller is liable for defects arising within the 24-month warranty period after takeover of the goods or within the product lifetime stated in the advertisement, on the goods packaging or in an attached manual.

4.2.2 Within this period, the buyer can make a claim and as per their own choice in the case of a defect that constitutes a substantial breach of the contract (regardless of whether the defect is repairable or not), they may seek:

4.2.2.1 remedy of the defect by supply of a new defect-free item or supply of the missing item;

4.2.2.2 free repair of the defect;

4.2.2.3 reasonable discount on the purchase price; or

4.2.2.4 refund of the purchase price on the basis of withdrawal from the contract.

4.2.3 A substantial breach of contract is one which the breaching party was or should have been aware of already at the time of conclusion of the contract and for which the other contracting party would not have concluded the contract if it had foreseen such breach.

4.2.4 For defects that constitute non-substantial breach of contract (regardless of whether the defect is repairable or not), the buyer is entitled to a repair of the defect or to receive a reasonable discount on the purchase price.

4.2.5 If a repairable defect appears repeatedly after repair (a third complaint for the same defect or a fourth complaint for different defects) or the goods have a larger number of defects (at least three defects simultaneously), the buyer may exercise their right to a discount on the purchase price of the goods, replacement of the goods or withdrawal from the purchase contract.

4.2.6 The seller is not liable for defects arising from normal wear and tear or non-compliance with the user manual. Information about proper handling of the goods is given in the e-shop against the product and on each product.

5. Handling of Complaints

5.1. The buyer is obliged to assert their claim with the seller or entity designated as the repairer without undue delay after ascertaining the deficiency. If they do so in writing or electronically, they should state their contact data, description of the defect and their requirement relating to the method of handling of such complaint.

5.2. The buyer is obliged to notify the seller about the right they have opted for when notifying the defect or do so without undue delay after notification of the defect. Change of option without the consent of the seller is only possible if the buyer has requested a repair of a defect, which proves to be irreparable.

5.3. If the buyer fails to specify their right under substantial breach of contract, they shall have the same rights as under a non-substantial breach of contract.

5.4. The buyer is obliged to prove the purchase of the goods (at best by presentation of proof of purchase). The period for handling complaints runs from handover/delivery of the goods to the seller or to the designated point of repair. During transport, the goods should be wrapped in suitable packaging to prevent damage; the goods should be clean and complete.

5.5. The seller is obliged to make a decision on the complaint immediately, at the latest within three working days, or decide that an expert opinion is necessary. They convey the information about the necessity of expert assessment to the buyer within this period. The seller will deal with the complaint, including repair of the defect, without undue delay, within 30 days of its submission, unless the seller agrees with the buyer in writing on a longer period of time. Upon lapse of this period, the buyer has the same rights as those that apply to a substantial breach of contract.

5.6. Should the seller refuse to repair the defect on the item, the buyer may seek a reasonable discount on the price or withdraw from the contract.

5.7. The quality warranty is extended by the period from submission of the complaint till its clearance or till the date on which the buyer was obliged to pick-up the item. In case of replacement of the goods or part thereof, the liability of the seller shall be the same as applies to the sale of a new goods item or its component.

5.8. If it is not possible to follow the progress of clearance of the complaint on-line, the seller undertakes to notify the buyer about the handling of such complaint according to the buyer’s requirements by e-mail or SMS.

5.9. In the case of a justified complaint, the buyer shall be entitled to the reimbursement of costs reasonably incurred.

6. Settlement of Disputes

6.1. Disputes between sellers and buyers shall be resolved by general courts.

6.2. Pursuant to Act No 634/1992 Coll., on Consumer Protection, buyers who are consumers shall have right to an out-of-court resolution of consumer disputes resulting from their purchase contracts or service provision contracts. The entity authorized to conduct out-of-court resolution proceedings is the Czech Trade Inspection Authority. More detailed information is available at www.coi.cz.

6.3. An out-of-court resolution of a consumer dispute shall be commenced solely on a consumer’s motion and only where the dispute cannot be resolved directly with the seller. The motion can be filed at the latest within 1 year after the consumer has asserted the right which is the subject of the dispute with the seller for the first time.

6.4. Consumers have the right to initiate an out-of-court resolution of their disputes through the Online Dispute Resolution (ODR) platform available at ec.europa.eu/consumers/odr/.

6.5. Buyers may also turn with their requests for advice regarding their consumer rights to dTest, o.p.s. through www.dtest.cz/poradna or at telephone number 299 149 009.

6.6. The supervision over compliance with the obligations pursuant to Act No 634/1992 Coll., on Consumer Protection, is carried out by the Czech Trade Inspection Authority (www.coi.cz).

6.7. The authorization to resolve consumer disputes resulting from purchase contracts is vested in the Czech Trade Inspection Authority, with its registered address at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, web: https://adr.coi.cz/cs. The ODR platform at http://ec.europa.eu/consumers/odr may be used for resolving disputes between sellers and buyers under purchase contracts.


These Business Terms and Conditions are valid from 1 January 2014.

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