Terms and conditions

Introductory Provisions
1. These terms and conditions (hereinafter referred to as the “terms and conditions”) of UNIMAGNET s.r.o., with its registered office at Dvořeckého 628/8, 16900 Prague-Břevnov, Czech Republic, identification number: 28155831, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 260539 (hereinafter referred to as the “seller”), regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “civil code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The online store is operated by the seller on the website located at the internet address www.unimagnet.com (hereinafter referred to as the “website”), through the online store's web interface (hereinafter referred to as the “web interface of the store”).
2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting within their business activities or independent professional performance when ordering goods.
3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract shall take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech and english language. The purchase contract can be concluded in the Czech and english language.
5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the terms and conditions.
User Account
1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the online store interface allows it, the buyer can also order goods without registration directly from the online store interface.
2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the data provided in the user account in case of any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
3. 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.
4. The buyer is not authorized to allow third parties to use their user account.
5. The seller may cancel the user account, particularly in cases where the buyer has not used their user account for more than 24 months, or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
6. The buyer acknowledges that the user account may not be continuously available, especially with regard to necessary maintenance of the seller's hardware and software, or necessary maintenance of third-party hardware and software.
Conclusion of the Purchase Agreement
1. All presentations of goods placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement for such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning goods, if such goods, by their nature, cannot be returned by ordinary postal means. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web store interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed terms.
3. The web store interface also contains information about the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods stated in the web store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
4. To order goods, the buyer fills out the order form in the web store interface. The order form contains in particular information about:
  - the goods being ordered (the goods being ordered are "added" by the buyer to the electronic shopping cart of the web store interface),
  - the method of payment of the purchase price of the goods, details of the desired delivery method of the ordered goods, and
  - information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, including the buyer's ability to identify and correct errors that occurred during data entry into the order. The buyer sends the order to the seller by clicking the "Order Bindingly" button. The data provided in the order are considered correct by the seller. The seller will promptly confirm receipt of the order to the buyer by email, sent to the buyer's email address specified in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the order from the buyer (e.g. in writing or by phone).
7. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by email, to the buyer's email address.
8. The buyer agrees to the use of remote communication means when concluding the purchase contract. Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
Price of goods and payment terms
1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
  - in cash at the seller's establishment at Na Padesátníku I, 16100 Prague 6;
  - in cash on delivery at the location designated by the buyer in the order;
  - by bank transfer to the seller's account no. 2400352178/2010, managed by FIO Banka (hereinafter referred to as the "seller's account");
  - by cashless payment via the GoPay payment system;
  - by cashless payment by card;
2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
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 cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
6. The seller is always entitled, especially if the buyer does not provide additional confirmation of the order (Art. 3.6), to request payment of the full purchase price before dispatching the goods to the buyer. Section § 2119 (1) of the Civil Code does not apply.
7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined.
8. If it is customary in commercial dealings or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer regarding payments made based on the purchase contract. The seller is a VAT payer. The tax document – invoice shall be issued by the seller to the buyer after payment of the goods and sent in electronic form to the buyer's electronic address.
9. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in case of a technical failure, no later than within 48 hours.
Withdrawal from the Purchase Contract
1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer's wishes or for their person, from a purchase contract for the supply of goods that are subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package, which the consumer has removed from the package and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of audio or video recordings or computer programs, if the consumer has broken their original packaging.
2. If the case is not covered by Art. 5.1 of the General Terms and Conditions or another case where withdrawal from the purchase contract is not possible, the buyer, in accordance with the provisions of § 1829 (1) of the Civil Code, has the right to withdraw from the purchase contract within fourteen (14) days of taking over the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of taking over the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other places, the seller's business premises or the seller's email address sales@unimagnet.cz.
3. In the case of withdrawal from the purchase contract according to art. 5.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by post due to their nature.
4. In the case of withdrawal from the purchase contract according to art. 5.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to refund the performance provided by the buyer upon return of the goods by the buyer or in another way, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller.
5. The seller is entitled to offset the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.
6. In cases where the buyer is entitled to withdraw from the purchase contract in accordance with § 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the moment of handover of the goods to the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
7. If a gift is provided to the buyer together with the goods, the donation agreement between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase contract, the donation agreement regarding such gift becomes ineffective, and the buyer is obliged to return the provided gift along with the goods to the seller.
8. Partial returns of an order are possible. If the original order had free shipping due to exceeding the order value of 2,000 CZK, and a partial return causes the order value to drop below 2,000 CZK, shipping costs will be charged according to the standard price list.
Shipping and delivery of goods
1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
2. If the seller is obliged by the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
3. If, for reasons attributable to the buyer, the goods need to be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in case of any defects, to immediately notify the carrier. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier.
5. Further rights and obligations of the parties regarding the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.
Rights from defective performance
1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, provisions § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. The seller is responsible to the buyer that the goods are free from defects upon handover. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
  1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, have such properties as described by the seller or manufacturer, or as the buyer would expect given the nature of the goods and based on the advertising carried out by them,
  2. the goods are fit for the purpose which the seller states for their use or to which goods of this kind are usually put,
  3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  4. the goods are of appropriate quantity, measure or weight, and
  5. the goods comply with the requirements of legal regulations.
3. The provisions referred to in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods regarding a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if this follows from the nature of the goods.
4. If a defect becomes apparent within six months of acceptance, it is presumed that the goods were defective at the time of acceptance. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of acceptance.
5. The buyer exercises rights from defective performance at the seller's premises, where the acceptance of the complaint is possible considering the range of goods sold, or at the registered office or place of business.
6. Further rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint procedure.
Further rights and obligations of the contracting parties
1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
2. 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.
3. The seller handles consumer complaints through the email address sales@unimagnet.cz. The seller will send information about the handling of the buyer's complaint to the buyer's email address.
4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, located at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to 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 (Regulation on consumer dispute resolution online).
6. The seller is authorized to sell goods based on a trade license. Trade licensing inspections are carried out by the relevant trade licensing office within its scope of competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a defined scope, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
Privacy Policy
1. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of Regulation 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) (hereinafter referred to as "GDPR Regulation") relating to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations by means of a special document.
Sending commercial communications and storing cookies
1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications through a special document.
2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent in accordance with the previous sentence at any time.
Delivery
1. It can be delivered to the buyer at the buyer's electronic address.
Final provisions
1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order from which it is not possible to deviate by contract and which would otherwise apply in the absence of the choice of law pursuant to the provisions of 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).
2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
4. The annex to the terms and conditions is a sample form for withdrawal from the purchase contract.
5. Seller's contact details: delivery address UNIMAGNET s.r.o., Na Padesátníku I, 16100 Prague 6, Czech Republic, e-mail address sales@unimagnet.cz, phone +420 777 330 004.

In Prague on 23/08/2022

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