Terms and conditions

General Terms and Conditions

I. Basic provision

These general terms and conditions (hereinafter "T&C") are issued by Techtek s.r.o., Co. Reg. No. 03228673, VAT Reg. No. CZ03228673 with registered office at Slavíčkova 6, 638 00 Brno, Czech Republic, Czech Republic and mailing address at Smetanova 2359/6, 67801 Blansko, Czech Republic registered in the Commercial Register kept at the Municipal Court in Brno under file number C 92584 (hereinafter "Seller") and regulate the relations arising from the purchase contract between the Seller and third parties as buyers (hereinafter "Buyer").

For the purposes of these T&C, the Buyer means any person who orders goods sold by the Seller and concludes a purchase contract for these goods.

Consumer means any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the Seller or with him for the purpose of concluding a contract or otherwise acts in connection with the contract.

Entrepreneur means a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession, or a person who acts in the name or on behalf of the entrepreneur, is also considered an entrepreneur.

By submitting the order, the Buyer confirms that he/she has read these T&C, which form an integral part of the communication before the conclusion of the contract, and that he/she expressly agrees to them in the wording valid and effective at the time of submitting the order.

II. Pre-contractual communication

The Seller informs that:

1. the cost of the means of distance communication does not differ from the basic rate of the Internet or telephone operator and the Buyer, and the Seller does not charge any fees except, for example, contractual shipping
2. requires payment of the purchase price before the Buyer takes over the performance (Goods)
3. the contract is not concluded with a recurring subject of performance, nor for an indefinite period of time
4. the prices of goods are listed on the websites www.techtek-shop.eu operated by the Seller, including all fees stipulated by law, however, the costs of delivery of goods or services vary according to the chosen method and delivery provider and method of payment
5. if the Buyer is a consumer, such consumer shall have the right to withdraw from the contract (except as provided below) within the period of fourteen days, which runs, in the case of:

i. a contract, from the date of receipt of the goods

ii. a contract involving several types of goods or the supply of several parts, from the date of receipt of the last delivery of the goods

iii. a contract involving a regular recurring delivery of goods, from the date of receipt of the first delivery of goods, whereby the withdrawal must be sent to the Seller's registered office address for which the withdrawal form on Techtek's website can be used (https://www.techtek-shop.eu/uk_en/page/5/terms-amp-conditions)

6. in the event of withdrawal from the contract, the consumer shall bear the costs associated with the return of goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods, if the goods cannot be returned by the usual postal method due to their nature
7. in the event that the consumer has a complaint, he/she may refer the complaint to the supervisory authority or the state supervisory authority

III. Contract

The Buyer may conclude the Contract by marking the required performance (Goods) and putting it in the basket, submitting the order and the Seller confirming this. In the case of an e-mail or telephone order, the purchase contract is concluded by delivery of a confirmation from the Seller on the conclusion of the purchase contract. Before confirming the order, the buyer receives a confirmation of delivery of the order for processing, which is not considered an order confirmation.  

Before the Buyer confirms the order in a binding manner, the Buyer has the right to change both the required performance, transport and method of payment, ie. check all the data he has entered in the order and change them. The seller is not responsible for any errors in data transmission. The conclusion of the contract is confirmed to the Buyer by an informative email sent to the e-mail entered by the Buyer.

The agreement is entered into in the English language. If the agreement is required to be translated for the Buyer into another language, the English version prevails in case of discrepancies between the two language versions.

By the purchase contract, the Seller undertakes to hand over to the Buyer the goods which are the subject of the purchase and to allow him to acquire the ownership right to them, and the Buyer undertakes to take over the goods and pay the purchase price.

The Seller delivers the goods subject to retention of title, therefore the Buyer shall only become the owner upon full payment of the purchase price.

The Seller shall fulfil the obligation to hand over the goods by:

1. allowing the Buyer to dispose of the goods at the place of performance and giving the Buyer timely notice
2. in the case of dispatch of the goods to the Buyer - entrepreneur, the goods are handed over to the Buyer by handing them over to the first carrier for transport for the Buyer and allowing the Buyer to exercise the rights under the contract of carriage against the carrier
3. in the case of dispatch of the goods to the Buyer - consumer, the goods are handed over to the Buyer only as soon as the goods are handed over to him by the carrier.

The Seller undertakes to hand over the object of purchase to the Buyer in the agreed quantity, quality and design, and if quality and design are not agreed, then the goods are delivered for the usual purpose.

The goods are packed according to custom and if these are not, in the manner necessary for the preservation of the goods and their protection. The goods are similarly packed for transport.

The delivered goods are defective if they do not have the agreed properties. The performance of other goods and defects in the documents necessary for the use of the goods are also considered a defect.

The risk of damage passes to the Buyer by taking over the goods. It has the same effect if the Buyer does not take over the goods, even though the Seller has allowed him to dispose of them.

The Buyer's right from defective performance is based on the defect that the goods have when the risk of damage passes to the Buyer, even if it manifests itself later. The Buyer's right shall be established by a later defect caused by the Seller in breach of its obligation.

The buyer will inspect the goods as soon as possible after the risk of damage to the goods has passed and will be convinced of its properties and quantity.

Damage to the goods, arising after the transfer of the risk of damage to the goods to the Buyer, does not affect his obligation to pay the purchase price, unless the Seller caused the damage by violating its obligation.

In the event of either party's delay in taking over the goods, the other party shall have the right to sell the goods in an appropriate manner after giving prior notice to the seller's account after giving the delayed additional reasonable time to take over. This also applies if the party is late in paying for the delivery of the goods.

Seller's responsibility

The rights and obligations of the Seller and the Buyer arising from defective performance are governed by generally binding legal regulations.

The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the goods:

1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, such properties as the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of advertising
2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used
3. the goods are in the appropriate quantity, measure or weight
4. the goods comply with the requirements of legal regulations.

If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.

The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt, but this does not apply to:

1. for goods sold at a lower price for a defect for which a lower price has been agreed
2. wear and tear of the goods caused by their normal use
3. in the case of second-hand goods, for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer
4. if it follows from the nature of the goods.

The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect.

If the goods have a defect of which the Seller is obliged, and if the goods are sold at a lower price or used goods, the Buyer has the right to a reasonable discount instead of the right to exchange the goods.

Substantial breach of contract

If the defective performance is a material breach of contract, the Buyer has the right to:

1. eliminate the defect by delivery of new goods without defect or delivery of missing goods, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
2. eliminate the defect by repairing the goods
3. a reasonable discount from the purchase price
4. withdraw from the contract.

The Buyer shall disclose which right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the Buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract - see below.

The Buyer-Consumer is entitled to a reasonable discount even if the Seller is unable to deliver new goods without defects, to replace a part or to repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the Consumer.

Non-substantial breach of contract

If the defective performance is an insignificant breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

As long as the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its option by repairing the goods or supplying new goods.

If the Seller fails or refuses to remedy the defect in a timely manner, the Buyer may demand a reduction in the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.

The Buyer has the right to have new goods delivered or parts replaced even in the case of a removable defect if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the contract.

Upon delivery of new goods, the Buyer shall return the goods originally delivered to the Seller at the Seller's expense.

If the Buyer has not notified the defect without undue delay after he could have discovered it with timely inspection and sufficient care, the court shall not grant him the right of defective performance. If the defect is a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two years after delivery of the goods.

IV. Withdrawal from the contract

Withdrawal from the contract by the consumer

The consumer has the right to withdraw from the contract within fourteen days. The period under the first sentence runs from the date of conclusion of the contract and, in the case of

1. a contract, from the date of receipt of the goods
2. a contract having as its object several types of goods or the supply of several parts, from the date of taking over the last supply of goods
3. a contract having as its object the regular repeated delivery of goods, from the date of taking over the first delivery of goods

It is also possible to withdraw by correspondence, at the address Techtek s.r.o., Smetanova 2359/6, 67801 Blansko, Czech Republic. To withdraw, it is possible to use the standard form for withdrawal from the contract located on the top.

If the consumer withdraws from the contract, he shall send or hand over to the Seller at his own expense without undue delay, at the latest within fourteen days of withdrawal from the contract, the goods he received from the Seller.

The consumer shall only be liable for any diminution in the value of the goods resulting from the handling of the goods in a manner different from that required by their nature and characteristics.

Upon withdrawal, all funds received from the Seller shall be returned to the Consumer in the same manner, without undue delay and no later than fourteen days after withdrawal.

If the consumer withdraws from the contract, the Seller shall not be obliged to return the funds received to the consumer before the consumer has handed over the goods to the Seller or proved that he has dispatched the goods.

Withdrawal in other cases

If the Buyer has not notified the defect of the goods in time, he loses the right to withdraw from the contract.

V. Prices

All prices are contractual and in the case of the e-shop they are current prices.

The prices are final, that is including all taxes and fees that the Buyer has to pay to obtain the goods, this does not include any charges for shipping, freight and the cost of long distance means of communication.

In the case of goods on order, the actual price is communicated to and confirmed by the Buyer.

VI. Methods of delivery

Goods can be sent by shipping service directly to the Buyer's chosen address at prices according to the carrier.

VII. Out-of-court settlement of consumer disputes

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising between Seller and the Buyer may be settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR) procedure; with the Buyer’s option to contact the ODR entity at https://ec.europa.eu/consumers/odr/. Seller, however, recommends the Purchaser to first contact Techtek to address the situation.

VIII. Final Provisions

These General Terms and Conditions, including their components, are valid and effective from 30 March 2022 and supersede the previous version of the T&C.