Terms and Conditions

TERMS AND CONDITIONS

manufacturer Inniko s.r.o.

registered office: Kotlářská 19, Brno 602 00

Company ID: 23035218

registered in the Trade Licensing Register

for the sale of goods via the online store located at the internet address holkytisknou.cz.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (the “Terms and Conditions”) of Inniko s.r.o., with its registered office at Kotlářská 19, 602 00 Brno, Company ID: 23035218, registered in the Trade Licensing Register (the “Seller”), govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (the “Purchase Agreement”) concluded between the Seller and another natural person (the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at holkytisknou.cz (the “Website”) through the website interface (the “Online Store Interface”).

1.2. The Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of the independent exercise of their profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Any such deviating provisions in the Purchase Agreement prevail over the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in Czech.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect rights and obligations arising during the period of effect of the previous wording.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From this interface, the Buyer can place orders for goods (the “User Account”). If enabled by the Online Store Interface, the Buyer may also order goods without registration directly via the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the User Account in the event of any change. The information provided by the Buyer in the User Account and when ordering goods is deemed correct.

2.3. Access to the User Account is secured by a username and password. The Buyer must maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer has not used it for more than 5 years, or if the Buyer breaches obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third parties’ hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods within the Online Store Interface is for information only, and the Seller is not obliged to conclude a Purchase Agreement in relation to such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The Online Store Interface contains information about goods, including the prices of individual items and the costs of returning goods where, by their nature, such goods cannot be returned by ordinary postal means. Prices are inclusive of value-added tax and all related fees. Prices remain valid for as long as they are displayed within the Online Store Interface. This does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed terms.

3.3. The Online Store Interface also contains information about costs associated with packaging and delivery of goods. The information on packaging and delivery costs applies only where goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes the order form within the Online Store Interface. The order form includes, in particular, information about:

3.4.1. the goods being ordered (the Buyer “adds” the goods to the electronic shopping cart within the Online Store Interface);

3.4.2. the method of payment of the purchase price, the requested method of delivery of the ordered goods; and

3.4.3. information on costs associated with delivery of the goods (together the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is able to check and change the data entered in the Order, including the ability to identify and correct errors made when entering data. The Buyer sends the Order to the Seller by clicking the “Order with obligation to pay” button. The information provided in the Order is deemed correct. Immediately upon receipt of the Order, the Seller confirms receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (the “Buyer’s e-mail address”).

3.6. Depending on the nature of the Order (quantity of goods, purchase price, anticipated delivery costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer and do not differ from the basic rate.

3.9. The e-shop provides access to product reviews by other consumers. The authenticity of these reviews is ensured by linking reviews to specific Orders; it is therefore not possible to review goods without having placed an Order. In this way, we can verify and demonstrate that a review comes from a real consumer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with delivery under the Purchase Agreement to the Seller using the following methods:

in cash on delivery at the place designated by the Buyer in the Order;
by bank transfer to the Seller’s account No. 2000295311/2010 held with Fio banka, a.s. (the “Seller’s account”).

4.2. Together with 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 expressly stated otherwise, the “purchase price” shall also mean the costs associated with delivery.

4.3. The Seller does not require a deposit or similar payment from the Buyer. This does not affect Article 4.6 regarding the obligation to pay the purchase price in advance.

4.4. In the case of payment in cash or cash on delivery, the purchase price is due upon receipt of the goods. In the case of bank transfer, the purchase price is due within 3 days of conclusion of the Purchase Agreement.

4.5. In the case of bank transfer, the Buyer must indicate the variable symbol of the payment. The Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled, especially where the Buyer does not provide additional confirmation of the Order (Article 3.6), to request payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. Where customary in business relations or required by law, the Seller shall issue the Buyer a tax document – invoice – for payments made under the Purchase Agreement. The Seller is not a VAT payer. The tax document – invoice – will be issued after payment of the price of the goods and sent electronically to the Buyer’s e-mail address.

4.9. Under the Act on Registration of Sales, the Seller is obliged to issue the Buyer a receipt. At the same time, the Seller is obliged to record the received revenue with the tax administrator online; in case of a technical outage, no later than within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Agreement for the supply of goods that have been customized according to the Buyer’s wishes or for the Buyer, for the supply of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery, for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and for the supply of audio or video recordings or computer software if the original packaging has been breached.

5.2. If the case referred to in Article 5.1 or another case where withdrawal is not possible does not apply, the Buyer has the right, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods; where the subject of the Purchase Agreement consists of several types of goods or delivery in several parts, this period runs from the date of receipt of the last delivery. The notice of withdrawal must be sent to the Seller within this period. The Buyer may use the model withdrawal form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may send the notice of withdrawal, inter alia, to the Seller’s place of business or to the Seller’s e-mail address holky@holkytisknou.cz.

5.3. In the event of withdrawal under Article 5.2, the Purchase Agreement is cancelled from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days of delivery of the withdrawal notice to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs of returning the goods to the Seller, even if the goods cannot, by their nature, be returned by ordinary postal means.

5.4. In the event of withdrawal under Article 5.2, the Seller shall refund the monies received from the Buyer within fourteen (14) days of the Buyer’s withdrawal, using the same method by which they were received. The Seller is also entitled to refund performance provided by the Buyer upon the return of the goods by the Buyer or in another way, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the monies received before the Buyer returns the goods or proves that the goods have been sent back.

5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

5.6. In cases where the Buyer is entitled under Section 1829(1) of the Civil Code to withdraw from the Purchase Agreement, the Seller is likewise entitled to withdraw at any time until the goods are received by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by bank transfer to an account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift ceases to be effective, and the Buyer is obliged to return the gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to a place designated by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a method other than that specified in the Order, the Buyer shall pay the costs associated with repeated delivery or with the alternative delivery method.

6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging and immediately notify the carrier of any defects. If the packaging shows signs of tampering, the Buyer need not accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transport of goods may be laid down in the Seller’s special delivery terms, if issued.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

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

7.2. The Seller is liable to the Buyer for the goods being free of defects upon receipt. In particular, at the time the Buyer took delivery of the goods:

7.2.1. the goods have the properties agreed by the parties, or, in the absence of an agreement, properties described by the Seller or the manufacturer, or expected by the Buyer given the nature of the goods and based on advertising;

7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;

7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model;

7.2.4. the goods are in the appropriate quantity, measure, or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions of Article 7.2 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had at the time of acceptance by the Buyer, or where this follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, the goods are presumed to have been defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer shall exercise rights arising from defective performance at the Seller’s place of business where acceptance of the complaint is possible given the range of goods sold, or, as appropriate, at the Seller’s registered office or place of business.

7.6. Additional rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. Title to the goods passes to the Buyer upon payment of the full purchase price.

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

8.3. The Seller handles consumer complaints via the e-mail address holky@holkytisknou.cz. The Seller will inform the Buyer about the handling of the complaint by e-mail to the Buyer’s e-mail address.

8.4. For out-of-court settlement of consumer disputes arising from the Purchase Agreement, the competent authority is the Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out within its competence by the relevant trade licensing office. Supervision over the protection of personal data is carried out by the Office for Personal Data Protection. Within the defined scope, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfils its information obligations towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”), relating to the processing of the Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiations regarding the Purchase Agreement, and for the purpose of fulfilling public-law obligations of the Seller, by means of a separate document.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business to the Buyer’s e-mail address and further agrees to receive commercial communications from the Seller to the Buyer’s e-mail address. The Seller fulfils its information obligations towards the Buyer within the meaning of Article 13 of the GDPR in relation to processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the Website and the Seller’s obligations under the Purchase Agreement can be fulfilled without the storage of cookies on the Buyer’s computer, the Buyer may revoke the consent referred to in the previous sentence at any time.

11. NOTICES AND SERVICE

11.1. Notices may be delivered to the Buyer to the Buyer’s e-mail address.

11.2. A notice is also deemed delivered if acceptance is refused by the addressee, if it is not collected within the storage period, or if it is returned as undeliverable.

11.3. The parties may deliver routine correspondence to each other by e-mail to the e-mail address specified in the Buyer’s User Account or in the Order, or to the address listed on the Seller’s Website.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive the Buyer who is a consumer of the protection afforded by the provisions of the legal order which cannot be contractually derogated from and which would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the provision whose meaning is closest to the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. Seller’s contact details: postal address for service: Petra Ollender, Kpt. Nálepky 1220, 765 02 Otrokovice; e-mail: ahoj@inniko.cz; phone: +420 774 687 427.

In Otrokovice, on 10 November 2024