UliTECH
with its registered office at Husova 44/9, 362 25, Nová Role, Czech Republic
Identification number: 17129575
We are not VAT registered.
Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms") of the company UliTECH, with its registered office at Husova 44/9, 362 25, Nová Role, Czech Republic, ID: 17129575, registered in the Commercial Register (hereinafter referred to as the "Seller"), regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the online store of the Seller. The online store is operated by the Seller on a website located at www.ulitech.cz (hereinafter referred to as the "Website") through the interface of the web store (hereinafter referred to as the "Web Store Interface").
1.2. The terms and conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods in the course of their business or in the exercise of their independent profession.
1.3. Deviations from the terms and conditions may be agreed upon in the purchase agreement. Deviations in the purchase agreement take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are 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 can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
User Account
2.1. Based on the registration made by the Buyer on the website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the web store interface allows, the Buyer can also place orders without registration directly from the web store interface.
2.2. When registering on the website and when ordering goods, the Buyer is required to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any changes. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. 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.
2.4. The Buyer is not authorized to allow the use of their user account by third parties.
2.5. The Seller may cancel the user account, especially if the Buyer does not use their user account for more than 1 year, or if the Buyer violates their obligations from the purchase agreement (including the terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software or the necessary maintenance of the hardware and software of third parties.
Conclusion of Purchase Agreement
3.1. All presentations of goods placed in the web store interface are of an informative nature, and the Seller is not obligated to conclude a purchase agreement regarding this goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
3.2. The web store interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if the nature of the goods makes it impossible to return them by regular mail. The prices of goods are stated, including value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web store interface. This provision does not limit the Seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The web store interface also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods stated in the web store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer will fill out the order form in the web store interface. The order form includes, in particular, information about:
3.4.1. the ordered goods (the Buyer "puts" the ordered goods into the electronic shopping cart of the web store interface),
3.4.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (together referred to as the "Order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered in the order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer will send the order to the Seller by clicking on the "Confirm Order" button. The data stated in the order are considered correct by the Seller. The Seller will confirm the receipt of the order to the Buyer without undue delay after receiving the order by electronic mail, to the electronic address of the Buyer specified in the user account or in the order (hereinafter referred to as the "Electronic Address of the Buyer").
3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), to ask the Buyer for additional confirmation of the order (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the order (acceptance) sent by the Seller to the Buyer by electronic mail to the Electronic Address of the Buyer.
3.8. The Buyer agrees to the use of means of distance communication when concluding a purchase agreement. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of a purchase agreement (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 Conditions
4.1. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the Seller in the following ways:
in cash at the Seller's premises;
in cash on delivery at the place specified by the Buyer in the order;
by bank transfer to the Seller's account 277115214/0300 held with ČSOB (hereinafter referred to as the "Seller's Account");
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or any similar payment from the Buyer. This provision is not affected by the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of a non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase agreement.
4.5. In the case of a non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the specification of the variable symbol of the payment. In the case of a non-cash payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's Account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article 3.6), to request the payment of the entire purchase price from the Buyer before sending the goods to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code do not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - an invoice regarding payments made under the purchase agreement to the Buyer. The Seller will issue a tax document - an invoice to the Buyer after the payment of the price of the goods and send it in electronic form to the electronic address of the Buyer.
4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer.
Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods that have been adjusted according to the Buyer's wishes or for their person, from the purchase agreement for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the supply of goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase agreement for the supply of sound or visual recordings or computer programs if the original packaging has been violated.
5.2. If it is not a case specified in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the Buyer has the right to withdraw from the purchase agreement in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14) days of taking over the goods. In the case where the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of taking over the last delivery of the goods. In the event of withdrawal from the purchase agreement, the goods must be sent to the Seller within the period specified in the previous sentence. The Buyer may use the model withdrawal form provided by the Seller to withdraw from the purchase agreement. The Buyer may send the withdrawal from the purchase agreement, among other means, to the address of the establishment: UliTECH, Husova 44/9, 362 25, Nová Role, Czech Republic.
5.3. In the event of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the goods to the Buyer. If the Buyer withdraws from the purchase agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the purchase agreement according to Article 5.2 of the terms and conditions, the Seller will refund the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase agreement by the Buyer, in the same way that the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods to the Buyer or in another way if the Buyer agrees to it and it does not incur additional costs for the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the funds received from the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller. 5.5. The Seller is entitled to unilaterally set off the claim for damages incurred on the goods against the Buyer's claim for a refund of the purchase price.
5.6. In cases where, in accordance with § 1829 paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the purchase agreement, the Seller is also entitled to withdraw from the purchase agreement at any time until the Buyer takes over the goods. In such a case, the Seller will refund the purchase price to the Buyer without undue delay, by non-cash transfer to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer is concluded with a dissolution condition that if the Buyer withdraws from the purchase agreement, the gift agreement loses its effectiveness regarding such a gift, and the Buyer is obliged to return the provided gift to the Seller together with the goods.
Transportation and Delivery of Goods
6.1. If the method of transport is agreed upon 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, according to the purchase agreement, the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and in the case of any defects, immediately notify the carrier. If any violation of the packaging indicating unauthorized entry into the shipment is found, the Buyer is not obliged to accept the shipment from the carrier.
6.5. Other rights and obligations of the parties related to the transport of goods may be regulated by the Seller's special delivery conditions if issued.
Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of § 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).
7.2. The Seller is liable to the Buyer that the goods do not have defects upon takeover. In particular, the Seller is liable to the Buyer that at the time when the Buyer took over the goods: 7.2.1. the goods have the qualities that the parties agreed upon, and if there is no agreement, the goods have such qualities that the Seller or the manufacturer described or that the Buyer expected with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are suitable for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the agreed quality or design to the agreed sample or template if the quality or design was determined according to the agreed sample or template,
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 stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if it arises from the nature of the goods.
7.4. If a defect occurs within six months of takeover, it is presumed that the goods were defective at the time of takeover. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of takeover.
7.5. The Buyer asserts rights from defective performance at the Seller's establishment, where the acceptance of complaints is possible with regard to the range of goods sold, or also at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
Additional Rights and Obligations of the Contracting Parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://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 Online Consumer Dispute Resolution).
8.4. The Seller is authorized to sell goods based on a trade license. The relevant trade licensing office performs trade control within its scope. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority carries out, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other things.
8.5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
Personal Data Protection
9.1. The Seller fulfills its information obligation to the Buyer in accordance with 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) ("GDPR") related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase agreement, negotiating this agreement, and fulfilling the Seller's public law obligations through a special document.
Sending Commercial Communications and Cookie Storage
10.1. The Buyer agrees to receive information related to goods, services, or the Seller's business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address. The Seller fulfills its information obligation to the Buyer in accordance with 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.
10.2. The Buyer agrees to the storage of so-called "cookies" on their computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations from the purchase agreement without storing so-called "cookies" on the Buyer's computer, the Buyer can revoke their consent at any time.
Delivery
11.1. Delivery to the Buyer can be made to the Buyer's email address.
Final Provisions
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, 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 to them by provisions of the legal order from which there is no contractual deviation and which would otherwise apply in the absence of a choice of law 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 so, the provision whose meaning comes as close as possible to the invalid provision will replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other 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. The appendix to the terms and conditions includes a sample withdrawal form.
12.5. Seller's Contact Information:
Address:
UliTECH, with its registered office at Husova 44/9, 362 25, Nová Role, Czech Republic.
Email: ulitech@seznam.cz
Phone: +420 608 031 002
These terms and conditions, including their parts, are valid and effective from March 27, 2023.