Terms and Conditions

General Terms and Conditions

Of the online store https://www.mikeska.tools

1. Basic provisions

1.1 These general Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the commercial company Luděk
Mikeska, with its registered office in Čeladná 633, 739 12 Čeladná,, IN: 19063806,, VATIN: CZ8504295470,, (hereinafter referred to as “seller”) are issued in accordance with Article 1751 para. 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “Civil Code”).

1.2. These Terms and Conditions govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through online store at the address https://www.mikeska.tools (hereinafter “only online store”).

1.3. The Terms and Conditions and the purchase contract are primarily drawn up in the Czech language, unless otherwise agreed by the contracting parties. The contractual relationship is governed by Czech law as amended.

1.4 These Terms and Conditions define the relationship and the rights and obligations arising from it only between the seller and the buyer – a physical person, a non-entrepreneur who concludes a contract exclusively outside the scope of their business activity or independent profession.

1.5 The seller may change or supplement the wording of the Terms and Conditions pursuant to Article § 1752 of the Civil Code. The change in Terms and Conditions will be announced to the buyer via the seller’s website, specifically at https://www.mikeska.tools in the Business Terms and Conditions section with the date of taking effect of the new Terms and Conditions and an option to see the text of the previous ones.

The other party has the right to change, and in case of a long-term contract for repeated performance, to refuse, and for this reason, to terminate the obligation within a period of one month from the date of the new Conditions taking effect.

2. Ordering goods and concluding a purchase contract

2.1 The presentation of goods listed in the online store https://www.mikeska.tools is not an offer to conclude a contract, it is only informative and the seller is not obliged to enter into a purchase contract regarding these goods.

2.2 The prices of goods are listed including value added tax, if the seller is the payer of such tax (VAT) excluding postage and packing. The price indicated for the product is the final price for the product. The price of the goods is valid for the time it is displayed in the internet store at https://www.mikeska.tools.

2.3 The online store https://www.mikeska.tools also contains information on the costs associated with packaging and delivery of goods as part of their delivery within the territory of the Czech Republic.

2.4 The costs associated with packaging and delivery of goods in the territory of the Czech Republic are always listed before sending the order through the pages of this online store. Costs are calculated according to public and private price lists of transport companies depending on the weight, payment method and delivery method selected in the order form.

2.5 Before sending the order to the seller, the buyer is allowed to change the order and edit and check the correctness of the entered data.

2.6 The buyer’s costs arising from the use of means of distance communication in connection with the conclusion of the purchase contract (costs for phone calls, internet connection costs, etc.) fall on the buyer’s side; the buyer pays for it themselves.

2.7 The buyer orders goods in the following ways:

• a) the buyer “puts” the ordered goods into the shopping cart of the online store by pressing the “Buy” button, via their user account if they have registered their account in the previous step at https://www.mikeska.tools online store

• b) the buyer “puts” the ordered goods into the shopping cart of the online store by pressing the “Buy” button, without the need of a customer account and registration.

2.8 The buyer sends the order to the seller by clicking the “Order” button. All data listed in the order are required by the seller as correct. The buyer thus confirms that they have filled in all the mandatory data correctly to the best of their knowledge and conscience when creating an order, and by clicking the “Order” button they agree to these Terms and Conditions.

2.9 All orders sent by the buyer to the seller are considered binding by the seller.

2.10 Immediately after sending the order to the seller, the seller issues a confirmation of the order receiving to the buyer via e-mail to the contact specified by the buyer in the order or in the user account of the internet store https://www.mikeska.tools, where the buyer is registered. This confirmation is not considered to be the conclusion of a purchase contract.

2.11 Upon receiving the order from the buyer, the seller has the right to contact the buyer in order to complete the missing data, any change and modification of data in the order.

2.12 If the nature of the order requires it, the seller is entitled to contact the buyer and request their cooperation to conclude the purchase contract.

2.13 The conclusion of the purchase contract between the seller and the buyer is only created when the order is confirmed by the seller. Confirmation orders are issued by the seller to the buyer and sent to the e-mail address provided by the buyer in the order.

2.14 In case of technical failure on the part of the seller, obviously incorrect display of product prices or combinations of discounts causing the minimum price of the online store order, the seller is not obliged to supply the goods or services to the buyer at the specified price, even if the order is confirmed or paid for by cashless payment (payment card, bank transfer or other payment method).

2.15 These Terms and Conditions apply only to the purchase of goods via the online store https://www.mikeska.tools

3. Price

3.1 The price for the goods and any costs associated with transport, modification of the product (if the seller provides it directly in online store), the buyer can pay in the following ways:

• in cash at the seller’s store, at: Čeladná 633, 739 12 Čeladná

• cashless via payment system: ComGate, PayPal

• cashless by credit card

• cashless transfer to the seller’s bank account No. 2635372093 / 0800 maintained by Česká spořitelna a.s..

3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. If not explicitly stated otherwise, it is hereinafter understood as the purchase price as well as the costs associated with the delivery of the goods.

3.3 In the case of cash on delivery (COD) or in cash, the price of the goods is payable upon reception or on the day of delivery of the goods. In case of cashless payment, the purchase price is collectable within days of concluding the purchase contract.

3.4 In the case of cashless payment, the buyer is obliged to pay the purchase price and state the specific variable symbol, to the seller’s bank account. The buyer’s obligation is fulfilled by transferring the appropriate amount of the purchase price to the seller’s account.

3.5 According to the provisions of Article 1820 para. 1 Section b) of the Civil Code, the seller does not require a deposit or other similar pre-payment from the buyer. Payment of the purchase price of the goods before they are sent cannot be considered a deposit.

3.6 Possible price benefits and discounts from the purchase price of goods cannot be combined with each other, unless the seller decides otherwise. The buyer is always informed of any possible combinations of discounts, benefits, etc. and of the final price of the goods before sending the order.

3.7. The tax receipt is created by the seller only after the payment of the purchase price of the goods by the buyer, and is delivered by the seller to the buyer’s e-mail address provided by the buyer in the order and/or physically handed over when picking up the goods in person at the seller’s office and/or sent to the buyer at the same time as the goods.

4. Delivery of goods

4.1 The costs for the delivery of the goods according to the specified method and type of delivery are always stated in the order and in the subsequent confirmation issued by the seller.

4.2 The buyer is obliged to take over the goods at the place specified in the order, if they do not do so, there is a risk of not having the goods delivered and returning it to the seller. In the event of repeated delivery subsequently requested by the seller, the buyer must be aware of repeated shipping costs in the amount of its original price.

4.3 When receiving the goods from the carrier, the buyer is obliged to thoroughly check the shipment for damage to the packaging or directly the goods itself. If the buyer does not agree to take over the goods, they are obliged to notify the carrier of this fact without delay. If defects are found on the packaging or directly on the goods, the buyer is not obliged to accept the shipment from the carrier.

4.4 By paying for the goods and taking over the goods from the carrier, the buyer acquires the right of ownership and all related obligations. Upon acceptance of the goods by the buyer, the risk of damage to the goods passes to the buyer.

4.5 The goods are delivered to the buyer:

• By personal collection at the seller’s premises at the address: Čeladná 633, 739 12 Čeladná

4.6 There is no charge for personal collection.

4.7 The goods are usually handed to the carrier within working days.

4.8 The buyer who, when ordering the goods, chose the form of delivery by collection at the store, is obliged to collect the goods within 5 days.

The seller will personally inform the buyer about the possibility of collecting the goods by sending a message to the e-mail address or by phone call.

5. Customer Account

5.1 A buyer who registers in the online store https://www.mikeska.tools can gain access to the user account from which they can create orders for goods. If the functionality of the store allows ordering goods without registration, the buyer can also order goods without previous registration.

5.2 When registering a user account and when ordering goods, the buyer is obliged to provide correct and truthful information. When the data changes, the buyer is obliged to update these data in the user account, or report this change immediately to the seller. The data filled in by the buyer are considered to be the unique and correct.

5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and these data must not be provided to a third party; if the buyer does so, then only at their own risk. Website operator https://www.mikeska.tools stores access data to the buyer’s account in an encrypted form.

5.4 The seller is not responsible for any misuse of the user account by a third party.

5.5 The seller reserves the right to cancel the buyer’s user account, especially if the buyer is not actively using it for longer than 12 months or in the event that the buyer violates the obligations of the purchase contract and these general Terms and Conditions or other business agreements with the provider of the website https://www.mikeska.tools.

5.6 The provider of the website https://www.mikeska.tools is not obliged to ensure continuous operation of user accounts, especially for planned shutdowns, updates or malfunctions.

6. Withdrawal from the purchase contract

6.1 According to the provisions of Article 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract in the following cases:

• provision of services, if they were fulfilled with his prior explicit consent before the expiration of the withdrawal period from of the contract and the seller / entrepreneur informed the consumer before concluding the contract that in such case they do not have the right to withdraw from the contract,

• supply of goods or services, the price of which depends on fluctuations in the financial market, independently of the entrepreneur’s will, and which can occur during the withdrawal period,

• delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,

• delivery of goods that have been modified according to the wishes of the consumer or for their person /for them,

• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,

• repair or maintenance carried out at the place designated by the consumer at their request; however, this does not apply in the case of a subsequent performance of other than requested repairs or supplying other than requested spare parts,

• delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it,

• delivery of an audio or video recording or a computer program, if their original packaging has been violated,

• delivery of newspapers, periodicals or magazines,

• accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,

• concluded on the basis of a public auction in accordance with the law regulating public auctions, or

• delivery of digital content, if it was not delivered on a physical medium and was delivered with prior explicit consent of the consumer before the expiration of the period for withdrawing from the contract, and the entrepreneur informed the consumer before concluding the contract that in such a case, they do not have the right to withdraw from the contract.

6.2 If the cases for withdrawal from the purchase contract listed in paragraph 6.1 of these general Conditions do not apply, the buyer is authorized pursuant to Article 1829, para. 1 of the Civil Code to withdraw from the purchase contract within 14 days of taking over the goods.

6.3 If the order is divided, or contains several parts (or goods) that are delivered in time intervals, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods).

6.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part, or ordering the goods).

6.5 In the event of withdrawal from the purchase contract pursuant to Article 1829 para. 1 of the Civil Code, the seller will return the received payment to the buyer within 14 days of receiving the goods. The seller is not obliged to return the received payment to the buyer sooner than the goods is delivered back to the seller, or otherwise, as agreed with the buyer.

6.6 The buyer returns the goods to the seller, which must not be damaged, must not show signs of excessive use and must not be dirtied or otherwise degraded. If possible, the buyer will also return the goods in the original packaging.

6.7 If the seller offers several options for the delivery of the goods, upon withdrawal from the contract and return of the goods to the seller, the seller always returns the amount of postage to the buyer according to the cheapest method of delivery according to the given variant. This amount is then returned by the seller to the buyer, against the buyer’s right to a refund of the purchase price.

6.8 Payments will be returned to the buyer in the same way as the seller received them, if the buyer does not agree otherwise.

6.9 If the order includes a gift from the seller, by withdrawing from the purchase contract the buyer is not obliged to return this gift to the seller.

6.10 Withdrawal from the purchase contract must be sent to the seller at the delivery address specified in these business Terms and Conditions or to the e-mail address: info@mikeska.tools. The seller will immediately confirm the acceptance of the withdrawal from the purchase contract to the buyer.

6.11 To withdraw from the purchase contract, it is possible to use the form provided by the seller and attached at the end of these general Terms and Conditions. The form is also sent to the buyer together with the confirmation of the order and is also available for download at https://www.mikeska.tools.

6.12 The seller is entitled to withdraw from the purchase contract until the moment of acceptance of the goods by the buyer. It can be done in several cases, such as not having the goods in stock, interruption of supply of goods from the manufacturer or supplier, or due to unavailability of the goods, and other cases incurred by a third party.

6.13 In case of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via email address, telephone or other communication channel. All payments received from the buyer, including shipping costs, will be returned by the seller in the same way, or in a different way specified by the buyer.

7. Rights from defective performance

7.1 Rights from defective performance are governed by the provisions of Article 1914 to 1925, Article 2099 to 2117, and then Article 2161 to 2174 of Civil Code, and by the provisions of Act No. 634/1992 Coll., on consumer protection.

7.2 The seller guarantees to the buyer that the goods have no defects upon receipt. In particular, the seller guarantees to the buyer that at the time when the buyer takes over the goods,

• it has the properties that the parties have agreed upon; and in the absence of such agreement, such properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and based on the advertising carried out by them,

• it is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,

• the quality or design of the goods corresponds to the contracted sample or original, if the quality or design was determined according to the contracted sample or original,

• it is of corresponding quantity, measure or weight,

• the goods comply with the requirements of legal regulations.

7.3 If a defect becomes apparent within six months of reception, the goods are considered having been already defective upon reception.

7.4 If the nature of the goods or service allows, the buyer has the right to inspect or demonstrate the function of the product.

7.5 If the buyer did not report the defect without undue delay after they could have discovered it during a timely inspection and sufficient care, the court will not recognize the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could discover it with sufficient care, but no later than two years after handing over the item.

7.6 If there is a defect in the goods, for which the goods cannot be used in the usual way, the buyer can exercise their right from defective performance (“complaint”) and demand:

• removal of a defect by delivering a new item without a defect or by supplying a missing defect

• a reasonable discount from the purchase price,

• removing the defect by repairing the item

• withdrawal from the contract.

7.7 The buyer is entitled to withdraw from the purchase contract if the goods:

• shows a significant defect that makes it impossible to use it in the usual way,

• if the goods cannot be used due to recurring defects and defects/a defect after repair,

• with a bigger number of defects (3 or more defects).

7.8 The buyer shall inform the seller in writing of the solution they have chosen upon notifying of the defect, or without undue delay after notifying the seller of the defect. The choice made cannot be changed by the buyer without the consent of the seller; that doesn’t apply if the buyer asked the seller to repair a defect that turns out to be irreparable.

7.9 As long as the buyer does not exercise the right to a discount from the purchase price or withdraw from the contract, the seller can supply what is missing, or remove a legal defect. Other defects can be removed by the seller if they choose so by repairing the goods or delivering a new item; this choice must not cause unreasonable costs to the buyer.

7.10 The buyer cannot exercise the right from defective performance if they knew about the defect at the time of acceptance or caused it themselves.

7.11 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature and type of goods allow so.

7.12 The seller will notify the buyer in writing about the outcome of the complaint.

7.13 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from the reception of the goods.

However, if these are goods with a stated expiration date, in that case the period is shortened to the expiration date stated on the packaging.

7.14 If the buyer does not notify the defect in time, they lose the right to withdraw from the contract.

8. Out-of-court dispute settlement (Alternative Dispute Resolution – ADR)

8.1 Mutual disputes between the seller and the buyer are settled by general courts.

8.2 According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer has the right to ADR of consumer dispute from the purchase contract. Česká obchodní inspekce/ Czech Business Inspection (abbreviated ČOI) at the address Štěpánská 567/15, 120 00, Prague 2 – Nové Město is the entity that is authorized to conduct the ADR. How to proceed in the case of ADR of consumer disputes, including the possibility of a proposal, can be found on the websites https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.

8.3 Assistance in the case of cross-border ADR of consumer disputes is provided by the European Consumer Centre of the Czech Republic (abbreviated ECC CR). The contact address of ECC CR is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information about individual markets, including a platform for settling ADR, can be found on the Internet on the websites https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.

9. Final Provisions

9.1 Arrangements resulting from these Terms and Conditions and the purchase contract between the buyer and the seller concluded pursuant to them, in case of the entry of a foreign entity, are subjected to the laws of the Czech Republic. However, this does not affect the buyer’s rights according to Regulation of the European Parliament and Council (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other failure of the online store, the seller is not responsible for the impossibility of executing the order.

9.3 It is possible to negotiate deviating provisions in the purchase contract, which then take precedence over the provision of these commercial Conditions.

9.4 The seller reserves the right to change or supplement these Terms and Conditions. However, this provision does not affect rights and obligations, pursuant the previous version of the general Conditions.

These Terms and Conditions take effect on August 9, 2022.

10. Complaints procedure

10.1 This Complaint procedure is an integral part of the general Terms and Conditions of the online store https://www.mikeska.tools, and defines the basic Conditions and methods of complaining about product defects by the buyer.

This complaints procedure is based on the provisions of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection. This complaint procedure defines the relationship between the seller and the buyer – a natural person and a non-entrepreneur who concludes a contract exclusively outside the scope of his business activity or independent profession.

10.2 The buyer is obliged to acquaint themselves with the general Terms and Conditions and the complaints procedure before ordering the goods, but at the latest the buyer will acquaint themselves with them before sending the order in the online store https://www.mikeska.tools, when the buyer confirms they have read, acquainted and understood the Terms and Conditions as well as the complaints procedure by ticking the relevant box when creating the order itself. Without ticking this box, the buyer’s order cannot be shipped. The Seller/provider of the website https://www.mikeska.tools records buyers’ orders, as well as the confirmation of above.

10.3 The conclusion of the purchase contract and acceptance of the goods by the buyer is considered consent to the complaints procedure and business Terms and Conditions.

10.4 The buyer is obliged to prove the purchase of goods in the online store https://www.mikeska.tools, in particular by a tax document issued by the seller.

10.5 In order to speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.

10.6 If the order is divided, or contains several parts (or goods) that are delivered at a time interval, the period for withdrawing from the purchase contract starts from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after taking over the last part or goods of the order).

10.7 The seller guarantees to the buyer that the goods have no defects upon receipt. In particular, the seller guarantees to the buyer that at the time when the buyer takes over the goods,

• it has the properties that the parties have agreed upon; and in the absence of such agreement, such properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and based on the advertising carried out by them,

• it is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,

• the quality or design of the goods corresponds to the contracted sample or original, if the quality or design was determined according to the contracted sample or original,

• it is of corresponding quantity, measure or weight,

• the goods comply with the requirements of legal regulations.

10.8 If a defect becomes apparent within six months of reception, the goods are considered having been already defective upon reception.

10.9 The seller is obliged to accept the complaint at the address of the establishment or at the seat and place of business, if the nature of the goods allows so. The address for receiving product complaints is: info@mikeska.tools.

10.10 The seller shall notify the buyer in writing of the acceptance of the goods for complaint and of the result of the complaint.

10.11 These complaints procedure govern complaints about defects that occur with goods within twenty-four (24) months of reception, or as part of a quality guarantee (for example, an extended warranty).

10.12 This complaint procedure does not regulate goods with a specified expiration date in the sense of Article 10.15 of these Terms and Conditions.

10.13 If the seller does not remove the defect in time or refuses to remove the defect, the buyer may request a discount from the purchase price or can withdraw from the purchase contract.

10.14 The buyer can file a complaint and request a preferred settlement according to points in Article 6.6 of the Terms and Conditions of the seller.

10.15 The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from the reception of the goods. However, if these are goods with a stated expiration date, in that case the period is shortened to the expiration date stated on the packaging.

10.16 If the buyer requests it, the seller will confirm to them the extent and duration of their obligations in case of defective performance in writing. The seller has obligations from defective performance at least to the extent of the obligations from defective performance by the manufacturer.

10.17 If necessary, in the confirmation the seller can explain in an understandable manner the content, scope, conditions and duration of their responsibility as well as the way in which the rights arising from it can be exercised. In the confirmation, the seller also states that the buyer’s other rights, which are connected to the purchase of the item, are not affected.

Failure to fulfil these obligations does not affect the validity of the confirmation.

This complaint regulation takes effect on August 9, 2022

Delivery address for sending withdrawal: info@mikeska.tools.

EET

EET According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online, in the event of a technical failure within 48 hours at the latest.