Terms and conditions (EN)

I. Basic Provisions

1. These general business terms and conditions (hereinafter referred to as "business conditions") are issued according to § 1751 and the following of law no. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")

(name / title): Joe Fix All s.r.o.
Business ID: 09285610
Tax ID:
Registered office: Jeremiášova 2722/2b, 155 00 Prague 13-Stodůlky
Registered in the commercial register under file no. C 333865 held at the Municipal Court in Prague
Contact details:
Email: info@joefixall.cz
Phone: +420 608 504 638
Website: https://www.joefixall.cz

(hereinafter referred to as the "seller")

2. These business conditions regulate the mutual rights and obligations of the seller and a physical person, who concludes a purchase contract outside their business activities as a consumer, or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address... . (hereinafter referred to as the "online store").

3. The provisions of the business conditions are an integral part of the purchase contract. Divergent agreements in the purchase contract take precedence over the provisions of these business conditions.

4. These business conditions and the purchase contract are concluded in the Czech language.

II. Information about goods and prices

1. Information about goods, including the listing of prices for each individual item and its main characteristics, are listed for each individual item in the online store catalog. The prices of goods are listed including value-added tax, all related fees, and costs for returning goods, if by nature, these goods cannot be returned by regular mail. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding this goods.

3. The online store publishes information about the costs associated with the packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts from the purchase price of goods cannot be combined unless the seller and buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. The buyer covers costs incurred in using distance communication means in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs). These costs do not differ from the basic rate.

2. The buyer carries out the order of goods in these ways:

through their customer account if they have previously registered in the online store,
by filling out the order form without registration.

3. When placing an order, the buyer chooses goods, the number of pieces of goods, the method of payment, and delivery.

4. Before sending the order, the buyer is allowed to check and change the data they have entered in the order. The buyer sends the order to the seller by clicking on the button "Order with obligation to pay". The data specified in the order are considered correct by the seller. The validity condition of the order is the filling in of all mandatory data in the order form and the buyer's confirmation that they have become acquainted with these business conditions.

5. Immediately upon receipt of the order, the seller sends the buyer a confirmation of receipt of the order to the email address specified by the buyer when ordering. This confirmation is automatic and is not considered as a contract conclusion. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded only after the seller's acceptance of the order. The notification of acceptance of the order is delivered to the buyer's email address. / Immediately upon receipt of the order, the seller sends the buyer a confirmation of receipt of the order to the email address specified by the buyer when ordering. This confirmation is considered a contract conclusion. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by the seller confirming the order to the buyer's email address.

6. In case the seller cannot fulfill any of the requirements stated in the order, they will send a modified offer to the buyer's email address. The modified offer is considered a new proposal of the purchase contract and in such a case, the purchase contract is concluded by the buyer confirming this offer to the seller's email address specified in these business conditions.

7. All orders received by the seller are binding. The buyer can cancel the order until they are delivered a notification of the seller's acceptance of the order. The buyer can cancel the order by phone at the seller's phone number or by email specified in these business conditions.

8. In the event of an apparent 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 obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these business conditions. The seller informs the buyer about the error without unnecessary delay and sends a modified offer to their email address. The modified offer is considered a new proposal of the purchase contract and in such a case, the purchase contract is concluded by the buyer confirming this offer to the seller's email address.

IV. Customer account

IV. Customer Account

1. Based on the buyer's registration carried out in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering to a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data given in the user account with any changes. 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 keep confidential the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not authorized to allow third parties to use the customer account.

5. The seller can cancel the user account, especially if the buyer does not use their user account for a long time, or in case the buyer breaches their obligations from the purchase contract or these business conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:

cashless transfer to the seller's bank account no. 2457474002 / 5500, held at Raiffeisen Bank,
cashless by credit card,
by credit card when picking up in person at the shop,

2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price is understood to also include costs associated with the delivery of goods.

3. In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within …. days of the conclusion of the purchase contract.

4. In case of payment through a payment gateway, the buyer proceeds according to the instructions of the relevant provider of electronic payments.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the seller's bank account.

6. The seller does not demand any advance or similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.

7. According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received sales with the tax administrator online; in case of a technical failure, then within 48 hours at the latest.

8. The goods are delivered to the buyer:

to the address specified by the buyer in the order,
through a parcel pick-up point to the address of the pick-up point specified by the buyer,
by personal pick-up at the seller's shop.

9. The choice of delivery method is made during the ordering of goods.

10. Costs for delivery of goods depending on the method of sending and receipt of goods are specified in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If, according to the purchase contract, the seller is obliged 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 for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, notify the carrier immediately. In case of finding a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, however no sooner than by receiving the goods. The responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

VI. Withdrawal from the Contract

1. The buyer who concluded the purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

2. The deadline for withdrawal from the contract is 14 days

from the day of receipt of goods,
from the day of receipt of the last delivery of goods, if the contract subject is several types of goods or delivery of several parts,
from the day of receipt of the first delivery of goods, if the contract subject is a regular repeated delivery of goods.

3. The buyer cannot, among other things, withdraw from the purchase contract:

provision of services if they were fulfilled with his prior express consent before the expiration of the withdrawal period, and the seller informed the buyer before concluding the contract that he has no right to withdraw from the contract in such a case,
delivery of goods or services whose price depends on fluctuations in the financial market independent of the will of the seller and which may occur during the withdrawal period,
delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the will of the seller,
delivery of goods that have been customized according to the buyer's wishes or for his person,
delivery of goods subject to rapid decay, as well as goods that were irreversibly mixed with other goods after delivery,
delivery of goods in a closed package, which the buyer has removed from the package and for hygiene reasons cannot be returned,
delivery of audio or video recordings or computer software, if he has broken their original packaging,
delivery of newspapers, periodicals, or magazines,
delivery of digital content, if not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that he has no right to withdraw from the contract in such a case,
in other cases specified in § 1837 of the Civil Code.

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

5. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address specified in these business conditions. The seller will immediately confirm receipt of the form to the buyer.

6. The buyer, who has withdrawn from the contract, is obliged to return the goods to the seller within 14 days from the withdrawal of the contract. The buyer bears the costs associated with returning the goods to the seller, even in the case when the goods cannot be returned due to their nature by usual postal route.

7. If the buyer withdraws from the contract, the seller will return all funds, including delivery costs, which he received from him based on the contract, immediately, but no later than 14 days from the withdrawal of the contract, in the same way. The seller will return the received funds to the buyer in a different way only if the buyer agrees and if no additional costs are incurred for him.

8. If the buyer has chosen another method of delivery of the goods than the cheapest one offered by the seller, the seller will refund the buyer the costs of delivering the goods in the amount corresponding to the cheapest offered method of delivery of the goods.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller.

10. The buyer must return the goods 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 damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods has discontinued production or import of goods. The seller immediately informs the buyer via the email address stated in the order and returns within 14 days from the announcement of the withdrawal from the purchase contract all funds including delivery costs, which he received from him based on the contract, in the same way or in the way specified by the buyer.

VII. Rights from Defective Performance

1. The seller is responsible to the buyer that the goods have no defects at the time of takeover. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

the goods have properties that the parties have agreed, and if there is no agreement, it has such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and based on the advertisement they carried out,
the goods are fit for the purpose stated by the seller for its use or for which goods of this kind are usually used,
the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
the goods are in the corresponding quantity, measure, or weight and the goods comply with the requirements of legal regulations.

2. The seller has the obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance persist. Otherwise, the buyer is entitled to assert a right due to a defect that occurs in consumer goods within twenty-four months of receipt.

3. If the time during which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. The quality guarantee is the seller's commitment that the goods will be fit for use for a certain period or that they will retain their usual properties. If the buyer justifiably pointed out a defect in the goods to the seller, the period for asserting rights from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the business conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to a right from defective performance if he knew before taking over the goods that the goods have a defect, or if the buyer caused the defect himself.

5. In the event of a defect, the buyer can submit a complaint to the seller and request:

replacement with new goods,
repair of goods,
a reasonable discount on the purchase price,
withdrawal from the contract.

6. The buyer has the right to withdraw from the contract:

if the goods have a significant defect,
if he cannot use the thing properly due to the repeated occurrence of a defect or defects after repair,
in the case of a larger number of defects of the goods.

7. A material breach of contract is such a breach of which the party breaching the contract knew or must have known at the time of concluding the contract that the other party would not conclude the contract if it anticipated this breach.

8. In the case of a defect, which means a non-material breach of the contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or a reasonable discount on the purchase price.

9. If a removable defect occurs after repair repeatedly (usually the third complaint for the same defect or the fourth for a different defect) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to request a discount on the purchase price, exchange of goods or withdrawal from the contract.

10. When claiming, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the seller's consent is possible only if the buyer requested a repair of the defect, which turns out to be irremovable. If the buyer does not choose his right from a substantial breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of goods is not possible, the buyer can demand a full refund of the purchase price on the basis of withdrawal from the contract.

12. 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.

13. The buyer cannot complain about discounted goods due to a reason for which the goods are discounted.

14. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or even at the headquarters or place of business. The seller is obliged to issue a written confirmation to the buyer when he exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for rejecting the complaint.

15. The seller or his authorized employee will decide on the complaint immediately, in complicated cases within three working days. This period does not include the time required according to the type of product or service needed for a professional assessment of the defect. The complaint including the removal of the defect must be handled immediately, at the latest within 30 days from the date of claiming the complaint, unless the seller agrees on a longer period with the buyer. The expiration of this period in vain is considered a significant breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claiming the complaint is considered to be the moment when the manifestation of the buyer's will (assertion of the right from defective performance) reached the seller.

16. The seller will inform the buyer in writing about the result of the complaint.

17. The buyer is not entitled to a right from defective performance if he knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

18. In the case of a justified complaint, the buyer has the right to compensation for purposefully incurred costs incurred in connection with the assertion of the complaint. This right can be claimed by the buyer from the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.

19. The buyer has the choice of how to claim.

20. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.

21. The seller's complaint procedure governs other rights and obligations of the parties related to the seller's liability for defects.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via e-mail.

2. The buyer delivers correspondence to the seller to the e-mail address stated in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.

IX. Personal data

1. All information that you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your information for any purpose other than fulfilling the contract, except for the email address to which business messages can be sent, as this is allowed by law, if you do not refuse. These messages may concern only similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in the business message). The email address will be stored for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on personal data protection can be found in the Privacy Policy HERE

X. Out-of-court dispute resolution

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 out-of-court settlement of consumer disputes from the purchase contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: 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 online dispute resolution for consumer disputes).

3. The seller is entitled to sell goods on the basis of a trade license. The trade control is carried out by the relevant Trade Licensing Office within the scope of its competence. The Czech Trade Inspection carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, within a defined scope.

XI. Final Provisions

1. All arrangements 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 Czech law. 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 within the meaning of § 1826 para. 1 letter e) of the Civil Code.

3. All rights to the seller's website, in particular copyright to the content, including the layout of the site, 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 its part without the seller's consent.

4. The seller is not responsible for errors caused as a result of interventions by third parties into 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 have a negative impact on its operation and may not carry out any activity that could allow him or third parties to interfere or use the software or other components forming the online store and use the online store or its part or software equipment in a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 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 can change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous wording of the terms and conditions.

8. An attachment to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions take effect from 06/02/2023

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