Instructing the consumer about consumer rights according to Act No. 89/2012 Coll., Civil Code (“Civil Code”)
The provider of the goods specified in the Purchase Agreement / Contract is Luděk Mikeska (pursuant to OR), hereinafter referred to as “Seller“.
Considering that the negotiations of the parties lead to concluding a contract and making all of the essential facts about the contract and the Seller clear to the consumer, the Seller hereby communicates these facts to the consumer in sufficient time before the conclusion of the contract or before the consumer makes a binding offer pursuant to Article 1811 para. 2 of the Civil Code:
- their identity, a telephone number or address for the e-mail delivery or other contact information:
+420 739 657 718, info@mikeska.tools
- goods’ or services’ designation and description of their main features,
The designation of services/goods corresponds to the goods selected by the consumer at the website www.mikeska.tools according to the “Order” which the consumer acquainted with before concluding it.
- the price of goods or services, or the method of its calculation, including all taxes and fees,
The calculation of the price of the service/goods is indicated in the “Order” for each good separately.
- method of payment and method of delivery or performance,
The method of payment and the method of fulfillment are specified in the “Business Terms” of the Seller and the consumer acquainted with them before concluding the contract.
- delivery costs, and if these costs cannot be determined in advance, an indication that they may be additionally charged,
The costs associated with fulfillment are stated in the “Business Terms” of the Seller and the consumer acquainted with them before concluding the contract.
- information on rights arising from defective fulfillment, as well as rights from the warranty and other conditions for exercising these rights,
The rights and obligations of the contracting parties regarding rights from defective fulfillment are governed by the relevant general binding legal regulations (especially the provisions of Article 1914 to 1925, Article 2099 to 2117 and Article 2161 to 2174 of the Civil Code).
If there is a defect in the goods, for which the goods cannot be used in the usual way, the buyer can assert a claim from the Seller due to defective fulfillment (“complaint”) and demand:
● removal of a defect by delivering a new item without a defect or by supplying a missing defect part
● a reasonable discount from the purchase price,
● removal of the defect by repairing the item
● withdrawal from the contract.
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,
● in case of a larger number of defects (3 or more defects).
Rights from defective performance are exercised by the consumer with the Seller at the address of their place of business or registered office; however, sending an e-mail will be sufficient. The moment of claiming the warranty is when the Seller receives the claimed goods from the consumer.
- information on the duration of the obligation and the conditions for termination of the obligation, if the contract is to be concluded for an indefinite period,
Data on the duration of the obligation are not specified in the Purchase Agreement.
- data on the functionality of the digital content, including technical protection measures,
Data on the functionality of digital content, including technical protection measures is attached to each individual goods separately; if not, it is listed on the Seller’s website for each individual goods separately in electronic form.
- data on the interaction of digital content with hardware and software, which are known to entrepreneurs or of which it can reasonably be expected that they might be known to them
Information about the interaction of digital content with hardware and software known to the business or which may reasonably be expected to be known to them are attached to each individual goods separately; if not, it is listed on the Seller’s website for each individual goods separately in electronic form.
Pursuant to Article 1820 para. 1 of the Civil Code, the Seller instructs the consumer about their rights and obligations connected with the conclusion of the Purchase Agreement because it is clear from the circumstances that the parties’ actions lead to the conclusion of the contract through remote communication; the entrepreneur informs the consumer well in advance before the conclusion of the contract or before the consumer makes a binding offer, also:
a) costs of means of distance communication, if they differ from the basic rate,
The seller does not charge any fees or own costs for any remote communication.
b) information on any obligation to pay an advance or a similar payment, if required,
The seller does not charge any advance from the Purchase Agreement.
c) in the case of a contract whose subject is repeated performance, the shortest period for which the contract of the parties to bind,
The Seller declares that they do not provide the consumer and do not conclude a contract of repeated performance of services with the consumer.
d) in the case of a contract concluded for an indefinite period or the subject of which is repeated performance, information on the price or the method of its determination for one accounting period, which is always one month, if this price is immutable
The purchase contract between the Seller and the consumer is concluded without determining the duration date.
e) in the case of contracts concluded for an indefinite period or the subject of which is repeated performance, data on all taxes, fees and costs for the delivery of goods or services determined in accordance with letter b),
The purchase contract between the Seller and the consumer is concluded without determining the duration date.
f) if the right to withdraw from the contract can be used, the conditions, period and procedures for exercising this right, as well as the form for withdrawing from the contract, the details of which are determined by the implementation rules,
The deadline for withdrawing from the contract is 14 days from the conclusion of the contract – Purchase Agreement/Contract, or 14 days from goods’ takeover.
An attachment to the Purchase Agreement is a model instruction for the consumer on the options for withdrawing from the contract according to the implementation rule No. 363/2013 Coll.
g) information that in the event of withdrawal from the contract, the consumer will bear the costs associated with returning the goods, and if applicable for a contract concluded through a means of distance communication, costs for returning the goods, if due to its nature, this item cannot be returned by regular post,
If the seller offers several options for the delivery of the goods, in case of withdrawal from the contract and returning the goods by the buyer to the Seller, the cost of postage is always returned to the buyer and is calculated by the cheapest method of delivery according to the given variant. This amount is then returned by the Seller to the buyer, accounting with the buyer’s right to a refund of the purchase price. The Seller does not cover the buyer’s costs associated with the return of goods back to the Seller.
h) information on the obligation to pay a proportional part of the price in the event of withdrawal from the contract of which the subject is the provision of services, and the performance of which has already begun,
Not applicable.
i) if it is a contract according to Article 1837 Section l), the statement that the consumer cannot withdraw from the contract, or under what conditions their right to withdraw from the contract expires, and
The subject of the service is not activities pursuant to Article 1837 Section l) of the Civil Code.
j) information on the existence, method and conditions of out-of-court settlement of consumer complaints, including information on whether a complaint can be filed with a supervisory or state supervisory authority.
Out-of-court settlement of consumer complaints is provided by the Seller through an electronic address info@mikeska.tools – subject: Complaint. The Seller will send information about the settlement of the consumer’s complaint to the e-mail address of the consumer. The consumer also has the option of initiating an out-of-court settlement of the dispute through the Czech Trade Inspection on the website www.coi.cz.