Business conditions

Business Terms and Conditions

These General Terms and Conditions (“Terms”) for the www.jawamarkt.cz internet shop, operator: LangerOldTimer s.r.o., Company ID No.: 14319861, Tax ID No.: CZ14319861, Dlouhá 87/10, Dubí 2, 417 02, e -mail: info@jawamarkt.cz, tel. number 605 772 457 (“We/Us/Our” or the “Seller”) regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Sb., Civil Code, as amended (“Civil Code”) the mutual rights and duties of you, as the buyers, and Us, as the sellers, originating in relation to or on the basis of a purchase contract (“Contract”) concluded by means of the E-shop on the website at www.jawamarkt.cz

All information about the processing of your personal data is contained in the Personal Data Processing Principles, which you can find here. 

The provisions of these Terms are an integral element of the Contract. The Contract and the Terms are executed in Czech, German and English. We may unilaterally modify or supplement the wording of the Terms. These provisions are without prejudice to the rights and duties originating while the previous wording of the Terms is in force.

As you are aware, we mostly communicate remotely. This is also why it applies that remote communication methods are used in relation to our Contract, which allows us to reach an agreement together without our simultaneous physical presence being required and the Contract is therefore concluded by remote means within the environment of the E-shop, through the website interface (“E-shop website interface”).

If any part of the Terms is in conflict with what we agreed together during the process of your purchase on our E-shop, this specific agreement will have precedence over the Terms.

 I. SOME DEFINITIONS

1.   Price is the financial amount that You will pay for the Goods;
2. Transport price is the financial amount that You will pay for delivery of the Goods, including packaging;
3. Total price is the sum of the Price and the Transport price;
4. VAT is value added tax according to the valid legal regulations;
5. Invoice is the tax document issued for the Total price in compliance with the Value Added Tax Act;
6. Order is Your irrevocable proposal for conclusion of a Contract for Purchase of the Goods with Us;
7. User account is the account established on the basis of data You provided, which allows storage of the entered data and storage of the history of ordered Goods and concluded Contracts;

8. You are the person purchasing Goods on Our E-shop, designated as the buyer by the legal regulations;
9. Goods are everything You can purchase on Our E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

1. The Goods can only be purchased through the E-shop website interface.

2. When purchasing Goods, it is Your duty to provide Us with true and correct information. The information You provide to Us when ordering the Goods will therefore be considered true and correct.

III. CONCLUSION OF THE CONTRACT

1. Contracts with Us may only be concluded in Czech, German and English.

2. Contracts are concluded remotely by means of the E-shop, during which time the costs for use of remote communication means are covered by You. However, these costs do not differ to the basic rate You pay for use of these means (i.e. particularly the internet connection), You therefore should not expect Us to charge any additional costs in excess of the framework of the Total price. By sending the Order, You agree to Our use of remote communication means.

3. In order to conclude a Contract, You must create a draft of the Order on the E-shop. The draft must contain the following data:

a) Information about the Goods being purchased (mark the Goods You are interested in purchasing on the E-shop and press “add to basket”);

b) Information about the Price, Transport price, method of payment of the Total price and the required method of delivery of the Goods; this information will be entered when creating the draft of the Order in the E-shop user environment, during which time information about the Price, Transport price and Total price will be given automatically on the basis of the Goods You have chosen and the method of their delivery. If the delivery address is outside the Czech Republic and Slovak Republic, the full price including postage will be calculated on the basis of the price list of the forwarding company and sent to You in a subsequent e-mail.

c) Your identification and contact data used to allow Us to deliver the Goods, especially Your name, surname, delivery address, telephone number and e-mail address;

d) In the case of a Contract, on the basis of which we will be delivering Goods to You regularly and repeatedly, we also required information regarding the period for which we will be delivering Goods to You.

4. When creating the draft of the Order You can modify and check the data until the draft is actually created. After checking the data, press the “Order binding You to make payment” button to create the Order. Before pressing the button, You mUst confirm that You have been acquainted with and agree to these Terms, otherwise You will not be able to create the Order. The check field is used to confirm and grant Your consent. After pressing the “Order binding You to make payment” button, all the entered information will be sent directly to Us.

5. We will confirm Your Order to You as soon as possible after it is delivered to Us, by message sent to You e-mail address, which You entered in the Order. The confirmation will also include a summary of Your Order and these Terms. Our confirmation of Your Order results in conclusion of the Contract between Us and You.  The Terms in the wording effective as of the date of the Order form an integral element of the Contract.

6. There may also be cases when we are unable to confirm Your Order. This Usually concerns situations when the Goods are not available, or cases when You order Goods in a quantity that we do not have available. If there is any reason why we cannot confirm Your Order, we will immediately contact You and send You an offer to conclude a Contract that is modified compared to Your Order. In such cases the Contract is concluded when You confirm Our offer.  

7. If a clearly incorrect Price is given on Our E-shop or in the draft of the Order, we are not required to deliver the Goods to You for this Price, even if You have received confirmation of the Order and the Contract has therefore been concluded. In such situations we will immediately contact You and send You an offer to conclude a new Contract that has been modified compared to the Order. In such cases, the new Contract is concluded when You confirm Our offer. If You fail to confirm Our offer within 3 days from the time it is sent, we are authorised to withdraw from the concluded Contract. Situations when the Price does not correspond to the Usual price offered by other sellers, or there is an extra number or a number is missing, are situations when the Price is clearly incorrect.

8. If the Contract is concluded, You are required to pay the Total price.

9. If You have established a user account, You may place an Order through it. But, even in such cases You are required to check that the pre-entered data is correct, true and complete. However, the method by which the Order is created is the same as in the case of buyers without a user account, but the advantage is that there is no need to repeatedly fill in Your identification data.

IV. USER ACCOUNT

1. You can access Your user account on the basis of Your registration in the E-shop.

2. When registering Your user account, it is Your duty to give all the entered data correctly and truthfully and to update this data if it changes.

3. Access to Your user account is secured by user name and password. It is Your duty to keep this access data confidential and to refrain from disclosing it to anyone. We do not bear any liability if this data is misused.

4. The user account is personal and You are therefore not permitted to allow its use by third parties.

5. We can terminate Your user account, especially in cases when You have not used it for more than 7 years, or if You breach Your duties according to the Contract.

6. Your user account may not be accessible at all times, particularly due to necessary hardware and software maintenance.

V. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

1. The Price is always given on the E-shop, in the draft of the Order and naturally in the Contract. If there is any conflict between the Price given for the Goods in the E-shop and the Price given in the draft of the Order, the Price given in the draft of the Order always applies and is always identical to the price given in the Contract.

2. The Total price is given including VAT, including all fees stilted by the law.

3. We will require Your payment of the Total price after conclusion of the Contract and before the Goods are handed over. You can pay the Total price Using the following methods:

a) Bank transfer. We will send You the information for making the payment in the confirmation of the Order. 
b) Collection on delivery. In such cases You pay on delivery of the Goods against handing over of the Goods. In the case of payment on delivery, the Total price is due payable upon acceptance of the Goods.
c) In cash during personal collection. Goods can be paid for in cash if You collect them at Our business premises. In the case of cash payment upon personal collection, the Total price is due payable on acceptance of the Goods.
d) Payment by PayPal

4. The Invoice will be physically attached to the Goods.

5. The Title to the Goods transfers to You after You pay the Total price and accept the Goods. In the case of payment by bank transfer and Paypal, the Total price is paid when it is credited to Our account, in other cases, it is paid at the time the payment is made.

VI. DELIVERY OF GOODS, TRANSFER OF THE RISK OF DAMAGES TO THE ITEM

1. The Goods will be delivered to You by the method You select, during which time You can choose from the following methods:

a) Personal collection at the issue points of Czech Mail, Balíkovna and GLS Parcel Shop

b) Delivery to an address by Czech Mail, GLS

2. The Goods can be delivered to all EU countries and other countries outside the EU where goods can be delivered by Czech Mail (the exceptions are countries listed on the sanction list, where goods cannot be sent)

3. The delivery time always depends on the availability of the Goods and the chosen method of delivery and payment. You will be informed of the estimated delivery time of Goods in the confirmation of the Order. The time given in the E-shop is only approximate and may differ from the actual time of delivery. In the case of personal collection at Our business premises, we will always inform You of the possibility of collection of the Goods by e-mail.

4. After You accept the Goods from the carrier, it is Your duty to check that the packaging of the Goods is not damaged and to immediately notify the carrier of any defects in the packaging. If the packaging has been damaged, which is evidence of unauthorised manipulation and opening of the parcel, You are not required to accept the Goods from the carrier.

5. If You violate Your duty of accepting the Goods, with the exception of cases according to Article VI.4. of the Terms, this does not result in violation of Our duty to deliver the Goods to You. At the same time, if You do not accept the Goods, this does not mean withdrawal from the Contract between us. However, in such cases, we become entitled to withdraw from the Contract due to Your material violation of the Contract. If we decide to exercise this right, the withdrawal is effective on the date we deliver such withdrawal to You. Withdrawal from the Contract is without prejudice to the right to payment of the Transport price, possibly the right to compensation of damages if these were incurred.

6. If the Goods are delivered repeatedly or by another method to that which was arranged in the Contract, for reasons on Your part, it is Your duty to reimburse Us for the costs incurred as a result of such repeated delivery. We will send You the payment information for payment of these costs to Your e-mail address given in the Contract and the amount is due payable within 14 days from delivery of this e-mail.

7. The risk of damages to the Goods transfers to You at the time You accept the Goods. If You fail to accept the Goods, with the exception of cases according to Article VI.4 of the Terms, the risk of damages to the Goods transfers to You at the time You had the opportunity to accept the Goods but failed to do so for reasons on Your part. Transfer of the risk of damages to the Goods means that from that time on, You bear all the consequences linked to loss, destruction, damages or any other devaluation of the Goods.

8. If the Goods were not specified as in stock in the E-shop and the approximate time until they become available was given, we will always inform You in the case of:

a) an extraordinary outage in manufacture of the Goods, during which time we will inform You of the new expected date on which the Goods will become available or inform You that the Goods cannot be delivered;

b) delays in delivery of the Goods from Our supplier, during which time we will always inform You of the new expected date of delivery.

9. If we are unable to deliver the Goods to You within 30 days from elapse of the delivery deadline for the Goods as specified in the Order confirmation, for any reason, both parties are entitled to withdraw from the Contract.

VII. RIGHTS ON THE BASIS OF DEFECTIVE PERFORMANCE

1.We guarantee that at the time the risk of damages to the Goods transfers to You according to Article VI.7 of the Terms, the Goods are free of defects, in particular that they:

a) have the properties that we agreed with You and if these were not explicitly agreed, then the properties that we gave in the description of the Goods, or potentially the properties that can be expected with regard to the nature of the Goods;
b) are fit for the purpose that we stated or for the purpose for which Goods of this type are Usually intended;
c) correspond to the agreed quality or design of the agreed sample, if the quality or design were determined on the basis of a sample ;
d) are of the corresponding quantity and weight;
e) meet the requirements placed on them by legal regulations;
f) are not encumbered by third party rights.

2. Rights and duties regarding rights on the basis of defective performance are governed by the relevant general binding legal regulation (particularly the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. If the Goods are defective, particularly if any of the conditions according to Article VII.1 has not been met, You can notify Us of such a defect and exercise your rights on the basis of defective performance (i.e. file a complaint regarding the Goods) by sending an e-mail or letter to Our addresses given next to Our identification data. You may also use the sample form provided by Us, which forms annexe No. 1 to the Terms, to file a complaint. In your application of your rights on the basis of defective performance, You must choose how You wish to resolve the defect, during which time You cannot change this choice without Our consent at a later date, with the exception of cases according to Article 7.4. We will settle the complaint in compliance with the rights on the basis of defective performance you applied. If You do not choose a specific resolution of the defect, You have the rights set out in Article 7.5. even in situations when the defective performance was material breach of the Contract.

4. You have the following rights if defective performance is material breach of the Contract:

a) to removal of the defect by delivery of new Goods, which are free of defects, or delivery of the missing quantity of Goods;
b) to removal of the defect by repairs to the Goods;
c) to an adequate discount on the Price;
d) to withdrawal from the Contract.

If You choose resolution of the defect according to item a) or b and We fail to remove the defect in this manner within an adequate time limit, which we set, or we inform You that we will not remove the defect in this manner at all, You have the rights according to item c) and d), even if You did not request these methods originally in the complaint. If You choose removal of the defect by repairs to the Goods and We find that the defect cannot be repaired, we will inform You of this and You can choose another method for removal of the defect.

5. You have the following rights if defective performance is not material breach of the Contract:

a) to removal of the defect by delivery of new Goods that are free of defects or delivery of the missing quantity of goods;
b) removal of defects by repairs to the Goods;
c) an appropriate discount on the Price.

However, if we fail to remove the defect in time or refuse to remove the defect, You become entitled to withdraw from the Contract. You can also withdraw in cases when You are unable to use the Goods properly due to repeated occurrence of the defect following repairs to the Goods or if the Goods have a greater number of defects.

6. In cases of material and non-material breach, You cannot withdraw from the Contract or require delivery of new items if You cannot return the goods in the condition You received them in. However, this does not apply in the following cases:

a) if the Goods were used before the defect was discovered;

b) if the impossibility to return the Goods in their original condition was not caused by Your actions or Your negligence,

c) if You sold, consumed or modified the Goods during normal use before the defect was discovered; if this occurred only partially, You are required to return the part of the Goods that can be returned and in such cases the amount of the Price corresponding to Your benefit from use of part of the Goods will not be refunded to You.

7. We will confirm that we have received Your complaint, when we received it and the estimated time needed to settle Your complaint, within 5 days from its receipt, to Your e-mail address. We will settle the complaint without undue delay, but within 30 days from its receipt at the latest. You are also required to immediately provide the goods the complaint concerns. The time limit may be extended by mutual agreement. If the time limit elapses in vain, You may withdraw from the Contract.

8. We will inform You of settlement of the complaint by e-mail. If the complaint is justified, You are entitled to compensation of the costs expended for this purpose. You are required prove these costs, e.g. by submitting receipts or confirmation of the transport price. If the defect was removed by delivery of new Goods, You are required to return the original goods, however, We cover the costs for such return.

9. If You are a business subject, You are required to report the defect and make a complaint without undue delay after You could have discovered it, but within three days from acceptance of the Goods at the latest.

10. If You are the consumer, You are entitled to exercise your rights on the basis of defective performance in relation to a defect that occurs in consumer Goods within a time limit of 24 months for new Goods and 12 months for Goods that have been refitted.

11. The provisions regarding rights on the basis of defects do not apply in the case of:

a) Goods that are sold for a lower Price, to defects due to which the lower Price was arranged;
b) wear of the goods caused by normal wear;
c) used Goods in relation to defects corresponding to the degree of use or wear, which the Goods had when You accepted them;
d) if this arises from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e. termination of the contractual relationship between You and Us as void and null, may occur for reasons and by methods set out in this Article, possibly in other provisions of the Terms, in which the option of withdrawal is explicitly given.

2. If You are the consumer, or a person purchasing the Goods outside the framework of business activities, You are entitled to withdraw from the Contract without giving a reason within a time limit of 14 days from the date of delivery of the Goods in compliance with the provisions of Section 1829 of the Civil Code. If we concluded a Contract, the subject of which is several types of Goods or delivery of several parts of goods, this time limit is set only after the date of delivery of the last part of the Goods, and if we concluded a contract on the basis of which we are to deliver Goods to You regularly and repeatedly, the time limit is set from the date of the first delivery. You may withdraw from the Contract by any demonstrable method (particularly by sending an e-mail or letter to Our address given in Our identification data). You may also use the sample form provided on Our part, which forms annexe No. 2 to the Terms, for withdrawal.

3. However, even as a consumer, You may not withdraw from the Contract in cases when the subject of the Contract is:

a) Goods the Price of which depends on fluctuation of the financial market independently of Our will and which can occur within the time limit for withdrawal from the Contract;

b) Goods, which were modified to Your requirements or Your person;

4. The time limit for withdrawal according to Article VIII.2 of the Terms is considered met if You send Us notification that You withdraw from the Contract before the time limit expires. You are required to immediately return the Goods.

5. If You withdraw from the Contract, the Price will be refunded to You within 14 days from the date withdrawal comes into force, to the account from which it was debited, possibly to an account you give in the notice of withdrawal from the Contract. However, this amount will not be refunded before You return the Goods to Us, or before You prove that they have been sent to Us. Please return the Goods to Us clean and with the original packaging if possible.

6. In the event of withdrawal from the Contract according to Article VIII.2 of the Terms, You are required to send Us the Goods within 14 days from withdrawal and cover the costs related to returning the Goods to Us. You are entitled to a refund of the Transport price, but only in the amount corresponding to the cheapest possible method of delivery of the Goods, which we offered You for delivery of the Goods. In the event of withdrawal because We breached the concluded Contract, we cover the costs related to returning the Goods to Us, but again only up to the amount of the Transport price in the sum corresponding to the cheapest offered method of delivery of the Goods, which we offered during for delivery.

7. You are liable to Us for damages in cases when the Goods were damaged as a result of Your handling of them otherwise than You were required to handle them with regard to their nature and properties. In such cases we will charge You for the incurred damages after the Goods are returned to Us and the charged amount is due payable within 14 days. If we have not yet refunded the Price to You, we are entitled to off-set our receivables on the grounds of costs against Your receivables on the grounds of a refund of the Price.

8. We are authorised to withdraw from the Contract at any time before we deliver the Goods, if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons consisting of the nature of the goods), even before elapse of the period set out in Article VI.9. of the Terms. We can also withdraw from the Contract if it is clear that You intentionally gave incorrect information in the Order. If You purchase goods within the terms of Your business activities, as a business subject, we are entitled to withdraw from the Contract at any time, without giving a reason.

9. In the case of partial withdrawal from the Contract, You are entitled to a refund of part of the carriage fee only in cases when the carriage fee increased with regard to the quantity of the purchased Goods. If the carriage fee remained the same regardless of the quantity of Goods purchased, then You are not entitled to a refund of the carriage fee in the case of partial withdrawal from the Contract.

IX. SETTLEMENT OF DISPUTES WITH CONSUMERS

1. We are not bound by any code of behaviour within the meaning of the provisions of Section 1826(1)(e) of the Civil Code in relation to the buyer.

2. Settlement of consumer complaints is assured through the e-mail address info@jawamarkt.cz We will send information about settlement of the complaint to the buyer’s e-mail address.

3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, has jurisdiction over out-of-court settlement of consumer disputes on the basis of the Contract. The platform for settling disputes on-line on the website at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and a buyer who is a consumer, on the basis of a contract concluded by electronic means.

4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website at: http://www.evropskyspotrebitel.cz is the contact point according to Regulation No. 524/2013 of the European Parliament and Council (EU) of 21 May 2013, on Settlement of Consumer Disputes On-line and on amendment of Regulation (EC) No. 2006/2004 and Guideline 2009/22/EC (Regulation on Settlement of Consumer Disputes On-line).

X. FINAL PROVISIONS

1. If our mutual legal relationship includes an international element (i.e. we will be sending Goods outside the Czech Republic for example), this relationship shall always be governed by the law of the Czech Republic. However, if You are a consumer, these arrangements are without prejudice to Your rights arising from the legal regulations.

2. We will deliver all written correspondence to each other by e-mail. Our e-mail address is given next to Our identification data. We will deliver correspondence to Your e-mail address given in the Contract, in the User account or to the e-mail address from which You contacted Us.

3. The Contract may only be amended on the basis of our written agreement. However, we are entitled to amend and supplement these Terms, but this amendment will not affect previously concluded Contracts, but only Contracts that are concluded after this amendment comes into force. We will only inform You of any amendments if You have created a User account (so that You have this information if You order new Goods, but this amendment does not establish Your right to give notice, because we have not concluded a Contract that can be given notice on), or we are to deliver Goods to You regularly and repeatedly on the basis of a Contract. We will send You information regarding any amendments to Your e-mail address at least 14 days before this amendment comes into force. However, if we do not receive notice of withdrawal from a concluded Contract for regular and repeated deliveries of goods from You within 14 days of sending this information, the new Terms become part of our Contract and are applied to the next delivery of Goods after the amendment comes into force. In such cases the period of notice, if You give notice, is 2 months.

4. In the case of a force majeure or event that cannot be foreseen (natural disaster, pandemic, operating malfunctions, sub-contractor outages, etc.), we are not liable for damages caused as a result or in relation to cases of force majeure and if the force majeure lasts for more than 10 days both parties are entitled to withdraw from the Contract.

5. The sample form for complaints and the sample form for withdrawing from the Contract are annexes to the Terms.

6. The Contract, including the Terms, is archived in electronic form by Us, but is not available to You. However, You will always receive these Terms and confirmation of the Order with a summary of the Order by e-mail and will always have access to the Contract even without Our cooperation. We recommend You always save the confirmation of the Order and the Terms.

7. These Terms come into force on 1 August 2023.