These General Conditions of Sale apply to trade relationships between ENIKA.CZ s.r.o., with its headquarters at Vlkov 33, 509 01 Nová Paka, Czech Republic, IC (Reg. No.) 238218167 (hereafter referred to as the Seller), and its customers (hereafter the Buyer) and are inseparable from any contract concluded between the Seller and the Buyer. All of the provisions hereof apply unconditionally unless expressly otherwise agreed in a specific sales contract or general sales contract.
1.1 These General Conditions of Sale of Enika.CZ s.r.o. (hereafter General Conditions of Sale) with its headquarters at Vlkov 33, 509 01 Nová Paka, Czech Republic, IC (Reg. No.) 238218167, registered with the Municipal Court of Prague, Section C File 133264 (hereafter referred to as the Seller) treat, in compliance with Sect. 1751 Par. 1 of Act 89/2012 Coll. – the Civil Code (hereafter Civil Code), the contractual parties’ mutual rights and obligations that arise in connection with, or on the grounds of, a purchase contract concluded between the Seller and another private individual or legal entity (hereafter the Buyer; Purchase Contract). If the party to the contract is a consumer, all the relationships not treated herein are governed by the Civil Code (Act 89/2012 Coll.) and by the Consumer Protection Act (Act 634/1992 Coll.) as subsequently amended. If the party to the contract is a legal entity (company) or a private individual’s business and they order the goods as part of their company’s or individual’s entrepreneurial activity, the relationships arising therefrom are governed by the Civil Code, with the exception of provisions relevant to consumer contracts (distance contracts) incorporated in the Civil Code and other consumer rights protection regulations. The provisions hereof are inseparable from the Purchase Contract. The Purchase Contract and General Conditions of Sale are in Czech. The Purchase Contract may only be concluded in Czech. The Purchase Contract with the General Conditions of Sale is stored by the Seller in electronic form, and sent to the Buyer as an invoice together with the ordered goods.
1.2 These General Conditions of Sale apply to all Purchase Contracts concluded between the Seller and the Buyer. Provisions pertaining to the consumer’s legal rights only apply to the Buyer acting in the capacity of a consumer, for instance regarding withdrawal from purchase contracts as per Sect. 1829 ff. The Seller reserves the right to amend these Conditions of Sale, and will publish the amended Conditions in an appropriate way on the website www.enika.cz and in the Seller’s establishments. The rights and duties established under the General Conditions of Sale as valid prior to the amendment are not prejudiced by the amended provisions.
1.3 By submitting the order, the Buyer confirms that it has read these General Conditions of Sale and has expressly agreed to these Conditions as valid and effective as of the moment the order is submitted. The tax receipt will include basic contractual information and the Buyer will receive it upon receipt of the goods or service, or by e-mail when the payment to the Seller’s account has been made.
1.4 The concluded contract is stored by the Seller in order to be appropriately fulfilled, and no access thereto by any third parties is allowed. These General Conditions of Sale are available on the Seller’s internet shop’s website and the Buyer is therefore able to store and reproduce them.
2.1 To order goods, the Buyer must fill in an order form available on the Seller’s internet e-shop website or submit a written order.
2.2 Upon the Buyer submitting the order, the Seller will confirm its receipt by e-mail using the e-mail address specified by the Buyer in the order. The Purchase Contract will then be deemed concluded and will become binding for both parties.
2.3 The Buyer may not change or cancel orders of goods or change the planned delivery after they have been accepted by the Seller, without the Seller’s prior written consent. The Seller reserves the right to allocate products among its customers.
2.4 The Seller undertakes, through the Purchase Contract, to deliver the item to the Buyer, grant the digital contents or licence that is the subject of purchase, and will enable the Buyer to acquire the title or licence to the item, and the Buyer thereby undertakes to accept the item or the digital contents and pay the purchase price to the Seller.
2.5 The Seller hereby reserves the title to the item. The Buyer will become the owner of the item once the purchase price has been paid in full.
2.6 All information pertaining to the goods sold via the online shop is of an informative nature and does not constitute a proposal to deliver the goods. This applies especially to pictures of goods, anticipated delivery terms and the availability of goods. The Seller is not obliged to conclude a purchase contract for goods thus available in the online shop. The provisions of Sect. 1732 Par. 2 of the Civil Code will therefore not apply. The Seller is entitled to change the assortment offered at its discretion and terminate the sale of goods without any prior notice or information.
2.7 The Buyer is hereby notified of the fact that the information pertaining to the goods presented on the online shop, especially their availability, price and stock quantity, is not updated continuously and at every instance by the Seller’s IT system, stock system and human resources. Changes in stock quantities are updated in the Seller’s IT system with a certain delay, considering the technical capacity. For this reason, information pertaining to the goods on the online shop may not necessarily always be accurate and complete when compared to the actual situation.
2.8 If the Seller, prior or subsequent to its confirmation of an order, identifies a printing, system, human, supplier or any other error in the goods or delivery, especially if the error is published or otherwise identifiable on the online shop or in the order, order confirmation or another message, and also in the event that the Seller is unable to deliver the goods to the Buyer by the agreed term or at the price stated in the internet e-shop if the entire stock quantity is sold out, the goods are unavailable despite all possible efforts that can be reasonably expected from the Seller, or for reasons of force majeure, the Seller will always be entitled to withdraw from the Purchase Contract, or cancel, reject or refuse to confirm the order. Such an error may pertain especially to the current price of the goods, quantity, availability, stock quantity, picture of the goods on the online shop, or other facts that may imply, for instance, that the goods cannot be delivered to the Buyer on time and duly in accordance with the order or confirmed order. The Buyer will be notified of such without undue delay after the above is identified, and the Seller will be entitled, at its own discretion, not to deliver such goods, not to despatch them, not to confirm the order, refuse the order placed by the Buyer, refuse the order already confirmed by the Seller, or unilaterally withdraw from the concluded Purchase Contract as per the above. In such extraordinary circumstances the Seller will not be deemed in delay with the delivery of the goods.
2.9 The Seller is also entitled to unilaterally withdraw from the Contract or to not hand over the goods to the Buyer in the event that the Seller finds that inaccurate, incomplete or false information was stated or given in the communication with the Buyer pertaining to the Buyer, the person taking over the goods, or if there is a risk that the Seller may incur damages, for instance, through fraudulent behaviour, as a result of the conduct of the person with which the Seller communicated.
2.10 The Seller will transfer the item to the Buyer as well as documents pertaining to that item, and will enable the Buyer to acquire the title to the item/licence as per the Contract.
2.11 The Seller will transfer the subject of sale to the Buyer in the agreed quantity, quality and form.
2.12 Unless the packaging is specifically agreed, the Seller will pack the item as customary, and if no such custom exists, in the manner necessary to preserve and protect the item. The Seller will do the same to prepare the item for transport.
2.13 The Buyer must inspect the item as soon as possible after the risk of damage is transferred, i.e., no later than within 24 hours, and must check the item’s properties and quantity.
2.14 The risk of damage is transferred to the Buyer upon receipt of the item. The risk is also transferred if the Buyer fails to take delivery of the item, even though the Seller enabled the Buyer to do so.
2.15 Damage to the item incurred subsequent to the transfer of risk of damage to the Buyer does not prejudice the Buyer’s obligation to pay the purchase price unless the damage resulted from a breach of the Seller’s obligations.
2.16 If a party to the contract is in delay with the handover or receipt of the item, the other party is entitled, following prior notice, to sell the item in a suitable manner at the expense of the party which is in delay, after having provided that party with a sufficient and adequate period of time to hand over or receive the item. The same will apply if a party is in delay with a payment as required to hand over or receive the item.
2.17 All information pertaining to the goods offered via the online shop is of an informative nature and does not constitute a proposal to deliver the goods. This applies especially to pictures of goods, anticipated delivery terms and the availability of goods. The Seller is not obliged to conclude a purchase contract for goods thus offered in the online shop. The provisions of Sect. 1732 Par. 2 of the Civil Code will therefore not apply. The Seller is entitled to change the assortment offered at its discretion and terminate the sale of goods without any prior notice or information.
3.1 The Seller accepts the following payments:
a. Payment in cash
b. Advance payment by bank transfer
c. Bank transfer
d. Cash on delivery.
The goods are the property of the Seller until the payment has been made in full and the goods have been handed over. The risk of damage, however, is transferred to the Buyer upon receipt of the goods.
3.2 With bank transfers, the Buyer is obliged to pay the purchase price using the correct payment identification number (“variable symbol”). With bank transfers, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.
3.3 The Seller will issue the Buyer with a tax document – an invoice on the grounds of the Purchase Contract. The Seller is a VAT payer. The Seller will send the tax document – invoice to the Buyer in electronic form using the Buyer’s e-mail address.
3.4 The prices are stated net of VAT. No transportation, cash-on-delivery or distance communication fees are included.
3.5 Special offer prices apply until the relevant stock is sold out or for a limited period of time.
3.6 If the Seller is unable to satisfy any of the requirements specified in the order, the Seller will send the Buyer an amended offer, giving possible variants, and will request a statement from the Buyer. The amended offer is deemed to be a new proposal for a Purchase Contract, and in such an event the Purchase Contract is concluded only after the Buyer has accepted it. In such an event, too, these General Conditions of Sale form an inseparable part of the Purchase Contract.
4.1 The following delivery options are available: Pickup by the Buyer at the Seller’s point of sale at ENIKA.CZ. s.r.o., Vlkov 33, 509 01 Nová Paka, Czech Republic, or delivery via a transportation service (carrier).
4.2 The price for transport and packaging is stated separately in the invoice. The Buyer is obliged to verify, immediately upon delivery and together with the carrier’s officer, the condition of the consignment (number of packets, damage to sealing strips and boxes) against the attached delivery note. The Buyer is entitled to refuse to accept a consignment that does not comply with the delivery note, for instance, if it is incomplete or damaged. If the Buyer accepts a damaged consignment from the carrier, the damage must be described in the carrier’s handover note.
4.3 An incomplete or damaged consignment must be immediately reported by e-mail at email@example.com, a damage report must be made with the carrier and sent without undue delay by e-mail or ordinary mail to ENIKA CZ s.r.o. Subsequent claims regarding an incomplete or visibly damaged consignment do not constitute a waiver of the Buyer’s right to claim; however, they enable the Seller to prove that no violation of the Purchase Contract occurred.
4.4 Unless specified by the Seller otherwise and in writing, the EXW delivery terms from the Seller’s warehouse or, with direct deliveries, EXW terms from the manufacturer’s warehouse, as per INCOTERMS 2010, apply to all deliveries from the Seller.
4.5 Delivery dates stated by the Seller are estimated dates only and are applicable if the materials and supplies are delivered in due time to the Seller. The Seller cannot be held responsible for a delayed, incomplete or premature delivery and the Buyer is obliged to accept the delivery and make the payment for the products thus delivered. A delay in the delivery of an order, whether in full or in part, does not entitle the Buyer to cancel the other deliveries.
4.6 The delivery time will be prolonged accordingly if a delivery cannot be made in due time as a result of a force majeure, strike, unforeseeable impediments, allocation, the inability to provide a supply of goods from generally accessible sources, difficulties in delivery on the part of a sub-supplier, or as a result of other circumstances which are not the fault of the Seller, and also in the event that such circumstances affect a sub-supplier of the Seller.
4.7 A general order is deemed to be an order with partial deliveries. A general order may not exceed 12 months. General orders can only be made when delivery dates are determined as fixed and are binding. If they are not fulfilled by the Buyer, the Seller is entitled to change the agreed purchase price. The Seller reserves the right to despatch goods as per the contractually agreed dates without prior notice.
5.1 A consumer is entitled to withdraw from a Purchase Contract as per Sect. 1829 ff. of the Civil Code. With a purchase made as part of an entrepreneurial activity (i.e. when the purchase note includes the registration number of the Buyer’s business), no entitlement to withdraw from the Purchase Contract will arise, and such sale will be governed by the provisions of the Civil Code (Act 89/2012 Coll.), while provisions governing consumer contracts (distance contracts) will not apply.
5.2 The Buyer hereby acknowledges that as per Sect. 1837 ff. of the Civil Code, the Purchase Contract cannot be withdrawn from in the case of deliveries of custom-made goods manufactured according to the Buyer’s specification, perishable goods, goods that quickly wear or become obsolete, deliveries of audio and video recordings and computer software, if their original package was opened by the Buyer, and deliveries of newspapers, periodical press and magazines.
5.3 Except for cases stated in 6.2 hereof, or other cases when a Purchase Contract cannot be withdrawn from, the Buyer is entitled, as per Sect. 1829 ff. of the Civil Code, to withdraw from the Purchase Contract within 14 days. This period commences on the day the contract is concluded; with purchase contracts, on the day the goods are accepted; with a purchase contract for several types of goods or delivery in several parts, on the day the last delivery of goods is accepted; and with contracts for regular deliveries of goods, on the day the first delivery of goods is accepted.
5.4 The Seller provides the Buyer with the option to withdraw from the Purchase Contract by filling in and sending a form to firstname.lastname@example.org. The Buyer will thus send the Seller confirmation of receipt of the form in writing without undue delay. Withdrawal can also be made in writing as a unilateral legal action, for instance, by a letter sent by a post service or by e-mail, to the Seller’s address.
5.5 If the Buyer withdraws from the Contract, the Buyer must return to the Seller without undue delay and no later than within 14 days of withdrawal, the goods received from the Seller, by carrier or in person and at the Buyer’s expense.
Address for returns of goods:
ENIKA CZ s.r.o.
50901 Nova Paka
The Buyer is expected to return the goods in their entirety, with complete documents, free of damage, clean, including the original package whenever possible, and in the condition and at the value at which the Buyer accepted the goods. If the Buyer decides to withdraw within the period specified above, we recommend that to accelerate the withdrawal procedure, the goods be returned to the address above, along with an attached letter explaining the reason for withdrawal (not required), the original purchase document and the bank account number or a notice stating whether the amount will be collected in cash or by postal order. The Buyer is liable to the Seller only for such devaluation of goods that occurred as a result of handling them in an inappropriate manner, given their nature and properties.
5.6 If the Buyer withdraws from the Purchase Contract, the Seller will refund to the Buyer, without undue delay although no later than within 14 days of withdrawal, all the finances at the value of the purchased goods that the Seller has received from the Buyer under the Purchase Contract, including delivery costs, with the exception of additional costs incurred when the method of transportation selected by the Buyer is not cheaper than the standard cheapest method of delivery offered by the Seller. To make the refund, the Seller will use the same payment method that the Buyer used for the initial transaction unless the Buyer expressly specifies otherwise. However, the Seller prefers that the finances be refunded by bank transfer, considering also the need to settle quickly.
5.7 If the Buyer withdraws from the Purchase Contract, the Seller will not be obliged to refund the accepted payments to the Buyer before the Buyer returns the goods or presents proof that they have despatched the goods to the Seller.
5.8 The Buyer acknowledges that if gifts are provided with the goods, a donation contract is concluded between the Seller and the Buyer on condition that if the Buyer exerts his right to withdraw from the Purchase Contract, the donation contract becomes ineffective and the Buyer is obliged to return, along with the returned goods, also the related gifts, including everything constituting enrichment. If these are not returned, the values will be treated as unjust enrichment on the part of the Buyer. If the object of unjust enrichment cannot be reasonably provided, the Seller is entitled to a monetary refund at the usual price.
5.9 The Buyer cannot withdraw from the Purchase Contract or demand the delivery of a new item if he is unable to return the item in the condition it was in when it was received. This will not apply:
– If the change of condition resulted from an inspection carried out to identify defects in the item,
– If the Buyer used the item prior to identifying the defect,
– If the Buyer did not render the item non-returnable in the original condition through his conduct or neglect, or
– If the Buyer had sold the item prior to identifying the defect, had consumed it, or had altered the item during regular use; if this occurs only to a partial extent, the Buyer will return to the Seller anything that can be returned, and will provide the Seller with compensation up to the amount at which the Buyer benefitted from the use of the item.
6.1 The warranty conditions are governed by the applicable laws of the Czech Republic. The purchase document issued also serves as the certificate of warranty. Prior to first use, we strongly recommend that the Buyer read the warranty conditions and the Czech instructions for use, and subsequently adhere to these instructions. Otherwise the Buyer is at risk of damaging the item by inappropriate use and thus being unable to submit a claim within the framework of his right implied by the Seller’s liability for defects.
6.2 The Seller hereby provides a warranty on the quality of the goods, the length of which is equal to the warranty period provided by the manufacturer of the delivered goods.
6.3 The warranty does not cover regular wear and tear of the goods or their components resulting from ordinary use. In such a case a shorter lifetime of product cannot be treated as a defect and cannot be claimed as such. At the request of the Buyer, the Seller is obliged to issue a written warranty document (certificate of warranty, confirmation of warranty).
6.4 The rights and duties of the contracting parties in respect of the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally applicable laws, especially the provisions of Sect. 2161 ff. of the Civic Code.
6.5 The Seller will guarantee to the Buyer that the sold item is free of defects upon acceptance. The sold item is deemed to have the quality and properties as required by the Purchase Contract, described by the Seller, manufacturer or manufacturer’s representative, or expected on the grounds of published advertisements, or the quality and properties as are ordinary for an item of that kind; to comply with all the legal regulations; to be supplied at the appropriate quantity, extent or weight; and to be appropriate for the purpose of use stated by the Seller or the usual use.
6.6 If the item has defects or fails to have the specified properties, the Buyer is entitled to the free, due and timely rectification of such defect, the delivery of a new, defect-free item or of a new component, and if that is not possible, to be granted an adequate discount on the purchase price or to withdraw from the Purchase Contract. If the defects can be rectified, occur more frequently or repeatedly and prevent regular use of the goods, the Buyer is entitled to a delivery of new goods or their component, to have the defect rectified, or to withdraw from the Purchase Contract. If the item has a defect for which the Seller is obliged, and the item is sold for a lower price or it is a used item, the Buyer is entitled to an adequate discount instead of a replacement item.
6.7 The Buyer cannot exercise the right from a defective supply if the Buyer was informed prior to acceptance of the item that the item was defective, or if the Buyer caused the defect. A defect that becomes apparent within six months of the date of acceptance of the item is deemed to be a defect that had existed at the time the item was accepted.
6.8 The Buyer’s rights implied from the Seller’s liability for defects, including the Seller’s liability for warranty, must be exerted by the Buyer at the Seller’s premises at ENIKA.CZ s.r.o., Vlkov 33, 50901 Nová Paka. The claim is deemed filed at the moment the Seller receives the claimed goods from the Buyer.
6.9 A claim with a defect will be addressed without undue delay.
6.10 If a defective supply constitutes a material breach of the Purchase Contract, the Buyer is entitled to have the defect rectified by the delivery of a new, defect-free item or the delivery of the missing item, unless this is inappropriate considering the nature of the defect; however, if the defect applies only to a component of the item, the Buyer is entitled to request a replacement of only that component, and if that is not possible, the Buyer is entitled to withdraw from the Purchase Contract. However, if it is inappropriate given the nature of the defect, especially if the defect can be rectified without undue delay, the Buyer is entitled to the free rectification of the defect, rectification by the repair of the item, an adequate discount on the purchase price, or withdrawal from the Purchase Contract.
6.11 If the Seller fails to rectify the defect in a due and timely manner or refuses to rectify the defect, the Buyer is entitled to a discount on the purchase price or withdrawal from the Purchase Contract. The Buyer is not entitled to change his choice without the prior approval of the Seller.
6.12 The Buyer is entitled to the delivery of a new item or the replacement of a component also in the case of a rectifiable defect if he is unable to use the item properly due to a recurrence of the defect after a repair or due to a higher number of defects. In such a case the Buyer is also entitled to withdraw from the Purchase Contract.
6.13 On delivering a new item, the Buyer must return to the Seller the originally delivered item at the Buyer’s expense.
7.1 The Seller hereby declares that all personal data is of a confidential nature, will be used solely to fulfil the Purchase Contract concluded with the Buyer and for the Seller’s marketing events, and will not be otherwise published, disclosed to a third party etc., except for situations related to the distribution or payments in respect of the ordered goods (name and delivery address). The Seller takes measures to protect the data subject from any violation of his rights, especially the right to maintain dignity, and also prevents unjustified interference with personal and private life of the data subject. Personal data provided voluntarily by the Buyer to the Seller in order to fulfil the order and for the Seller’s marketing events is collected, processed and stored in compliance with the applicable laws of the Czech Republic, especially Act 110/2019 Coll. – the Personal Data Processing Act, as amended. The Buyer consents to allow the Seller to collect and process such personal data for the fulfilment of the concluded Purchase Contract and for use for the Seller’s marketing purposes, especially the despatch of trade announcements, telemarketing and SMS, until such approval to process is revoked in writing by the Buyer and the revocation sent to the Seller’s address. For the purposes hereof, messages sent in electronic form to email@example.com are deemed to be in writing.
8.1 The Seller’s liability to the Buyer is limited to direct damages incurred by the Buyer up to the amount of the price of the relevant goods. This limitation of liability will not apply in the event of death or injury caused by negligence on the part of the Seller. The Seller will not be held liable for any indirect, special, auxiliary or subsequent damage, for instance damage from lost profit or loss of income, loss of data, loss of use, reworking, repair, production costs, costs of recalling the product, damage to reputation or loss of customers. This limitation does not prejudice the rights of the Buyer stipulated by the law at the extent at which the Seller is not allowed to reject any anticipated or statutory warranties as per the relevant laws.
9.1 The Seller will not be held liable for his failure to fulfil his duties under these Conditions of Sale if such a failure is due to circumstances which are beyond the Seller’s control, such as a force majeure, activity or inactivity of the Buyer, suspension of operations, natural or manmade disasters, epidemics, lack of materials or goods, strikes, criminal acts, delayed deliveries or transports, or the inability to provide materials or goods from standard sources.
10.1 Consumer complaints are received by the Seller via the e-mail address firstname.lastname@example.org. The Seller will send a report to the Buyer’s electronic address stating how the complaint has been addressed.
10.2 Any relationships and disputes that arise on the grounds of the Purchase Contract will be governed by the laws of the Czech Republic and resolved by the courts of the Czech Republic as competent according to the location of the Seller’s headquarters.
10.3 The Seller is entitled to sell goods on the grounds of the Trades Licensing Act. A trades licensing check is performed by the relevant Trades Licensing Authority. Supervision over the protection of personal data is the responsibility of the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection also carries out supervision over compliance with Act 634/1992 Coll. – the Consumer Protection Act, as amended.
10.4 The Buyer is able to store and reproduce these Conditions of Sale. At the moment the Purchase Contract is concluded, the Buyer accepts all the provisions of these Conditions of Sale as applicable on the date the order is submitted, including the price for the ordered goods given in a confirmed order unless otherwise agreed for a specific case.