General Terms and Conditions

1. Introductory Provisions

These terms and conditions (hereinafter referred to as “terms and conditions”) of PTF financial s.r.o., with registered office at Veverkova 1343/1, 500 02 Hradec Králové, Company ID: 28806361, Tax ID: CZ28806361, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, entry 28806361 (hereinafter referred to as “seller”), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as “purchase agreement”) concluded between the seller and another natural person (hereinafter referred to as “buyer”) through the online store operated by the seller. This online store is operated on a website located at the internet address www.koupitiphone.cz (hereinafter referred to as “website”), and access to it is possible through the website interface (hereinafter referred to as “store web interface”).

These terms and conditions do not apply to situations where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activity or independent performance of a profession.

Provisions differing from these terms and conditions may be agreed upon within the purchase agreement. Such differing provisions shall take precedence over the wording of these terms and conditions.

The terms and conditions form an integral part of the purchase agreement. Both the purchase agreement and the terms and conditions are drawn up in the Czech language, and the purchase agreement can only be concluded in the Czech language.

The seller reserves the right to change or supplement the terms and conditions. However, this change does not affect the rights and obligations that arose under the previous wording of the terms and conditions.

These terms and conditions are valid from September 1, 2024.

2. User Account

After registering on the website, the buyer can access their user interface (hereinafter referred to as “user account”). Through the user account, or directly from the store web interface without registration, the buyer can place orders for goods.

When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. In case of any change in the data in the user account, the buyer is obliged to update these data. The seller considers the data provided by the buyer in the user account and in orders to be correct.

Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

The buyer must not allow third parties to use their user account.

The seller reserves the right to cancel the user account, especially if the buyer does not use their account for more than one year, or if the buyer breaches their obligations arising from the purchase agreement (including these terms and conditions).

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

3. Conclusion of the Purchase Agreement

All presentations of goods available on the store's web interface at www.koupitiphone.cz are for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding the displayed goods. Therefore, Section 1732 (2) of the Civil Code does not apply.

The store's web interface contains information about the offered goods, including the prices of individual products and any costs for returning goods, if these goods cannot be returned by ordinary mail. Goods prices are listed including VAT and all other related fees; in some cases, they are without VAT. Goods prices remain valid for as long as they are displayed on the store's web interface. Prices are not adjusted to the buyer's person based on automated decision-making. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated terms.

The store's web interface also provides information about the costs of packaging and delivery of goods, including the method and time of delivery. Information on packaging and delivery costs listed on the store's web interface applies only to cases where the goods are delivered within the Czech Republic. If the seller offers free shipping, this offer is subject to a minimum total purchase price of the ordered goods, as stated on the store's web interface. If the buyer partially withdraws from the contract and the total value of the remaining goods falls below the specified limit for free shipping, this right to free shipping ceases, and the buyer is obliged to pay the shipping costs.

To order goods, the buyer fills out an order form on the store's web interface. This form primarily contains information about: the ordered goods (the buyer places the selected goods in the electronic shopping cart),
the method of payment of the purchase price of the goods, the requested delivery method, and
the costs associated with the delivery of the goods (hereinafter referred to as “order”).

Before submitting the order, the buyer has the opportunity to check and modify all data entered into the order, also with regard to possible errors in data entry. The buyer sends the order to the seller by clicking the "Complete order (pay)" button. The data provided in the order are considered correct by the seller. The seller will confirm receipt of the order by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "buyer's e-mail address").

The seller reserves the right, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional order confirmation (for example, in writing or by phone).

The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (confirmation), which the seller sends to the buyer by electronic mail to the buyer's email address.

The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer in connection with the use of these means (e.g., costs for internet connection, telephone calls) shall be borne by the buyer, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

The buyer can pay the price of the goods and any costs associated with their delivery according to the purchase agreement in several ways, depending on the current conditions and payment methods offered on our e-shop koupitiphone.cz. Payment options may include:

Cashless payment in advance by bank transfer to the seller's account;
Cashless payment via QR code by bank transfer to the seller's account;
Cashless payment in advance by credit card;
Apple Pay;
Google Pay;
Cash on delivery upon receipt of goods at a pick-up point or from the carrier upon delivery (availability of cash on delivery may vary depending on the country of order);
Cashless payment in advance through another payment system according to the current conditions offered on our website.

The seller reserves the right to exclude certain payment methods in specific cases.

In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless stated otherwise, the purchase price also includes delivery costs.

The seller does not require a deposit or any similar payment from the buyer, unless explicitly stated otherwise in Article 4.7 of these terms and conditions.

In case of cash payment, cash on delivery or upon collection at a parcel pick-up point, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 7 days from the conclusion of the purchase agreement.

When making a cashless payment, the buyer is obliged to state the variable payment symbol. The obligation to pay the purchase price is fulfilled at the moment the amount is credited to the seller's account.

The seller reserves the right to demand payment of the full purchase price before sending the goods to the buyer, especially if the order is not additionally confirmed (see Article 3.6). Section 2119 (1) of the Civil Code does not apply.

Discounts on the price of goods provided by the seller cannot be combined with each other.

If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer, which will be sent electronically to the buyer's email. The seller is a VAT payer.

5. Withdrawal from the Purchase Agreement

The buyer acknowledges that, according to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the delivery of:

Goods manufactured according to the buyer's requirements or tailored to their personal needs;
Goods that are subject to rapid deterioration or have a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery;
Goods in a sealed package which, for reasons of health protection or hygiene, are not suitable for return after being unsealed by the buyer;
It is not possible to withdraw from the contract if it concerns a purchase made in a brick-and-mortar store after online reservation of goods on the koupitiphone.cz e-shop.

If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the agreement within fourteen (14) days from the takeover of the goods, or from the takeover of:

The last piece of goods, if multiple pieces were delivered separately within one order;
The last item or part of the delivery, if the goods were delivered in parts;
The first delivery of goods, if regular delivery was agreed upon.

Withdrawal from the contract must be sent to the seller within the period specified in Article 5. The buyer may use the form provided by the seller, which is an appendix to the terms and conditions, for withdrawal. Withdrawal can be sent to the seller's business address or to the email address zakaznik@iloveservis.cz.

Upon withdrawal from the contract, the purchase agreement is cancelled from the beginning. The buyer must return the goods to the seller without undue delay, no later than fourteen (14) days from the withdrawal, unless the seller offers to pick up the goods themselves. The cost of returning the goods is borne by the buyer, even if the goods cannot be returned by ordinary mail.

The buyer may take advantage of the free return option if offered by the seller under specified conditions.

In the event of withdrawal, the seller will refund the purchase price within fourteen (14) days of withdrawal by the same method by which it was received, unless otherwise agreed with the buyer. The seller is not obliged to return the funds before receiving the goods back or before the buyer proves that the goods have been sent.

The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

If the buyer has the right to withdraw from the contract according to § 1829 (1) of the Civil Code, the seller has the right to withdraw from the contract until the buyer takes over the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account specified by the buyer.

If a gift was provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition. If the contract is withdrawn from, the gift agreement ceases to be effective, and the buyer is obliged to return the provided gift together with the goods.

6. Shipping and Delivery of Goods

If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

If, according to the purchase agreement, 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.

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

Upon 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, to immediately notify the carrier. If the packaging has been damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the buyer's rights arising from liability for defects in goods and other rights of the buyer under generally binding legal regulations.

Further rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery terms, if issued by the seller.

7. Rights from Defective Performance

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

If the subject of the purchase is a tangible movable item connected with digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as “item with digital properties”), the seller's liability for defects also extends to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is evident from the content of the purchase agreement and the nature of the item that they are provided separately.

The buyer is obliged to cooperate in handling the complaint by delivering the item for inspection, including accessories, for the proper handling of the complaint procedure. Part of this cooperation also includes de-registering the device from security locks and other codes that would prevent the resolution and process of the complaint procedure.

The period for handling complaints is suspended if the seller has not received all the documents necessary to handle the complaint (parts of goods, other documents, access enablement, unlocking, etc.). The period for handling complaints is suspended from this date until the buyer provides the documents or unlocks access.

The seller is liable to the buyer that the item is free of defects upon takeover. In particular, the seller is liable that the item:

corresponds to the agreed description, type and quantity, quality, functionality, compatibility, interoperability and other agreed properties,
is suitable for the purpose for which the buyer requires it and with which the seller has agreed,
is supplied with agreed accessories and instructions for use, including assembly or installation instructions.

The seller is also responsible for ensuring that, in addition to the agreed properties:

the item is suitable for the purpose for which items of this kind are usually used, with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if no technical standards exist,
it has the qualities that the buyer can reasonably expect, including durability, functionality, compatibility and safety, with regard to public statements made by the seller or another person in the same contractual chain, especially by advertising or labeling, unless the seller proves that they were unaware of them or that they were modified in a comparable manner at the time of concluding the purchase agreement, or that they could not have influenced the decision to purchase,
it is supplied with accessories, including packaging, assembly instructions and other instructions for use, which the buyer can reasonably expect,
it corresponds in quality or design to the sample or model that the seller provided to the buyer before concluding the purchase agreement.

The provision of Article 7.4 shall not apply if the seller explicitly notified the buyer of differences in certain properties of the item before concluding the purchase agreement and the buyer explicitly agreed to this when concluding the agreement.

The seller is also responsible for defects caused by incorrect assembly or installation, if these works were carried out by the seller or under their responsibility. This also applies if the assembly or installation was carried out by the buyer and the defect arose due to deficiencies in the provided instructions, if it is an item with digital properties.

If a defect appears within six months of acceptance, the item is presumed to have been defective upon acceptance, unless the nature of the item or the defect excludes this presumption. This period does not count for the time during which the buyer cannot use the item due to a legitimate complaint about a defect.

If the object of purchase is an item with digital properties, the seller shall ensure that the buyer is provided with the agreed updates of the digital content or digital content service. In addition to the agreed updates, the seller shall also ensure the necessary updates to ensure that the item retains the properties according to Article 7 of the terms and conditions after acceptance, and shall notify of their availability

for a period of two years, if the digital content or digital content service is to be provided continuously for a certain period, and if provision for a period longer than two years is agreed, for the entire such period,
for a period that the buyer can reasonably expect, if the digital content or digital content service is to be provided once; this shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content service and with regard to the circumstances of the conclusion of the purchase agreement and the nature of the obligation.

Article 7.8 does not apply if the seller explicitly notified the buyer before concluding the purchase agreement that updates would not be provided, and the buyer explicitly agreed to this when concluding the agreement.

If the buyer does not carry out the update within a reasonable time, they do not have rights arising from defective performance that occurred due to the unperformed update. This does not apply if the buyer was not informed of the need for the update or the consequences of its non-performance, or if they did not carry out the update or carried it out incorrectly due to a defect in the instructions. If digital content or a digital content service is provided continuously for a certain period and a defect appears during this period, it is presumed that they are provided defectively.

The buyer may claim a defect that appears on the item within two years of taking it over. If the subject of the purchase is an item with digital properties and if the digital content or digital content service is provided continuously for a certain period, the buyer may claim a defect that appears during this period. If the performance is to be for a period longer than two years, the buyer has the right to claim a defect that occurs during this period. If the buyer has legitimately complained about a defect to the seller, the period for claiming the right does not count for the time during which the buyer cannot use the item.

If the item has a defect, the buyer may demand its removal. At their choice, they may demand:

delivery of a new item without defects, unless this is disproportionate given the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand replacement of the part,
or removal of the defect by repairing the item.
the buyer may also demand the delivery of a new item or replacement of a part in the case of a removable defect, if the item cannot be properly used due to repeated occurrence of the defect after repair or due to a larger number of defects.

The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the significance of the defect and the value the item would have without the defect.

The buyer may demand a reasonable discount or withdraw from the purchase agreement if:

the seller refused to remove the defect or did not remove it in accordance with legal regulations,
the defect reappears repeatedly,
the defect constitutes a material breach of the purchase agreement, or
it is apparent from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

A reasonable discount shall be determined as the difference between the value of the item without the defect and the defective item received by the buyer.

The buyer cannot withdraw from the purchase agreement if the defect of the item is insignificant. It is presumed that the defect is not insignificant.

If the buyer withdraws from the purchase agreement, the seller shall return the purchase price to the buyer in the same manner in which it was received. Unless the buyer explicitly chooses otherwise and incurs no additional costs thereby, the seller shall return the money to the buyer in the same manner in which the purchase price was received.

The seller is not responsible for defects:

if the buyer knew before taking over the item that it had a defect, or if the buyer caused the defect himself,
on wear and tear of the item caused by its usual use,
for an item sold at a lower price for a defect for which the lower price was agreed,
for a used item, for a defect corresponding to the degree of use or wear and tear the item had at the time of takeover by the buyer, or if it results from the nature of the item.

Other rights and obligations of the parties related to the seller's liability for defects may be regulated in the seller's complaint procedure.

8. Special provisions for buyers who are not consumers

A buyer who is not a consumer is obliged to notify and point out a defect without undue delay after they could have discovered it during a timely inspection and with sufficient care, but no later than within three days of taking over the item.

If a buyer who is not a consumer did not object to a defect of the item in time, they lose the right to withdraw from the purchase agreement.

The withdrawal of a buyer who is not a consumer from the purchase agreement or a change in its content requires written form.

9. Other rights and obligations of the contracting parties

The buyer acquires ownership of the goods upon payment of the full purchase price for the goods.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) (e) of the Civil Code.

The buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the goods offered) are protected by copyright. The buyer undertakes not to engage in any activity that could allow him or third parties to unlawfully interfere with the copyrights to these components.

The buyer is not authorized to use mechanisms, software, or other procedures when using the web interface of the store that could have a negative impact on the operation of the web interface of the store. The web interface of the store can only be used to an extent that does not infringe on the rights of other customers of the seller and that is in accordance with its purpose.

The seller is not responsible for errors arising from third-party interference with the website or from its use contrary to its purpose. The buyer must not use procedures when using the website that could have a negative impact on its operation and is not authorized to perform any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components forming the web interface of the store.

10. Personal Data Protection

The protection of personal data of the buyer, who is a natural person, is provided in accordance with relevant legal regulations, especially Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as "GDPR").

The buyer acknowledges that the seller processes the buyer's personal data necessary for the performance of the purchase agreement, for the fulfillment of legal obligations, and for the purposes of the seller's legitimate interests, to the extent specified in the document "Personal Data Processing Principles" available here.

The seller processes the buyer's personal data listed in the order, or in the registered user account (especially name, surname, address, e-mail address, telephone number) for the purpose of fulfilling rights and obligations from the purchase agreement and for the purpose of maintaining the user account, if the buyer has created one.

The buyer acknowledges that the seller is authorized to entrust the processing of personal data to a third party as a processor. The seller does not transfer personal data to third parties, except for shipping companies and persons involved in the delivery of goods.

Personal data will be processed for the period necessary to fulfill the purpose of processing and archived in accordance with relevant legal regulations.

The buyer has the right to access their personal data, rectify or erase it, restrict processing, object to processing, to data portability, and to lodge a complaint with a supervisory authority.

The buyer is not obliged to provide their personal data. However, if the buyer does not provide personal data necessary for the conclusion and performance of the purchase agreement, the purchase agreement cannot be concluded.

Further details on the processing of personal data are provided in the document "Personal Data Processing Principles" available here.

11. Delivery

The buyer may be delivered to the electronic address provided in the order or user account.

Other communication between the buyer and the seller may be conducted in writing via mail or electronic communication.

The seller is obliged to confirm receipt of communication from the buyer without undue delay.

12. Final Provisions

The purchase agreement and the terms and conditions are governed by the law of the Czech Republic, especially the Civil Code. All disputes arising from or in connection with the purchase agreement or the terms and conditions will be decided by the competent courts of the Czech Republic.

If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

If any provision of the terms and conditions is invalid or ineffective, the remaining provisions remain valid and effective. An invalid or ineffective provision will be replaced by a provision that most closely resembles the invalid or ineffective provision.

The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible to third parties.

The purchase agreement can be concluded in Czech.

These General Terms and Conditions are valid from September 1, 2024, and supersede all previous provisions and customs. The Seller reserves the right to change these General Terms and Conditions without prior notice.