Terms and Conditions
the company Aviso s.r.o.
registered at Křtětice 8, 389 01 Vodňany
Company ID number: 08251622
registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 28931
for the sale of goods through the online store located at www.fizishop.cz
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of Aviso s.r.o., registered at Křtětice 8, 389 01 Vodňany, Company ID number: 08251622, registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 28931 (hereinafter the “seller”), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter the “purchase contract”) concluded between the seller and another natural person (hereinafter the “buyer”) through the seller’s online store. The online store is operated by the seller on the website located at www.fizishop.cz (hereinafter the “website”), through the interface of the website (hereinafter the “shop interface”).
1.2. These 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 when ordering goods as part of their business activity or within their independent exercise of a profession.
1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the purchase contract. Provisions in the purchase contract take precedence over these Terms and Conditions.
1.4. 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 language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement these Terms and Conditions. This does not affect rights and obligations arising during the validity of previous versions of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer’s registration on the website, the buyer may access their user interface. From this interface, the buyer may order goods (hereinafter the “user account”). If the shop interface allows it, the buyer may order goods without registration directly from the shop interface.
2.2. When registering and ordering goods, the buyer must provide correct and truthful information. The buyer must update the data in the user account whenever it changes. The information provided is considered correct by the seller.
2.3. Access to the user account is secured with a username and password. The buyer must maintain confidentiality regarding the login details.
2.4. The buyer is not allowed to let third parties use their user account.
2.5. The seller may cancel the user account, especially if the buyer does not use it for more than one month or violates their obligations arising from the purchase contract (including these Terms and Conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the seller’s or third-party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods in the shop interface is informative; the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code does not apply.
3.2. The shop interface contains information about goods, including prices and return costs if the goods cannot be returned by standard postal means. Prices include VAT and all related charges and remain valid while displayed. This does not limit the seller’s ability to conclude the contract under individually negotiated conditions.
3.3. The shop interface also includes information about packaging and delivery costs, applicable only for delivery within the Czech Republic.
3.4. To order goods, the buyer fills out the order form in the shop interface. The form includes:
3.4.1. ordered goods (added to the shopping cart),
3.4.2. payment method and delivery method,
3.4.3. delivery-related costs (together referred to as the “order”).
3.5. Before submitting the order, the buyer may check and modify the details. Submitted data is considered correct. The seller immediately confirms receipt via email to the buyer’s email address (“buyer’s email address”).
3.6. Depending on the order (quantity, price, shipping), the seller may request additional confirmation (e.g., in writing or by phone).
3.7. The purchase contract is concluded when the seller sends an acceptance of the order to the buyer’s email address.
3.8. The buyer agrees to the use of remote communication methods. Costs incurred (internet, calls) are borne by the buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay for goods and delivery costs:
in cash at the seller’s premises;
cash on delivery;
cashless transfer to account no. 229255300/0600, IBAN: CZ2406000000000229255300 (the “seller’s account”);
cashless via GoPay;
cashless by card;
via a loan provided by a third party.
4.2. The buyer must also pay packaging and delivery costs unless stated otherwise.
4.3. The seller does not require deposits. This does not affect the seller’s right to request advance payment under Article 4.6.
4.4. Cash and cash-on-delivery payments are due upon receipt. Cashless payments are due within the time specified after contract conclusion.
4.5. For cashless payments, the buyer must include the variable symbol. Payment is complete when credited to the seller’s account.
4.6. The seller may require advance payment if the buyer does not confirm the order when requested.
4.7. Discounts cannot be combined.
4.8. The seller issues an invoice after payment and sends it electronically. The seller is not a VAT payer.
4.9. Under the Act on Sales Records, the seller must issue a receipt and record the transaction online (or within 48 hours in case of technical issues).
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges they cannot withdraw from the contract for customized goods, perishable goods, goods irreversibly mixed with others, goods unsealed for hygiene reasons, or audio/video/software where the original seal was broken.
5.2. Otherwise, the buyer may withdraw within fourteen (14) days of receiving the goods. For multiple items/parts, the period begins upon receipt of the last item. The buyer may use the seller’s sample form. Withdrawal may be sent to the seller’s premises or to info@fizishop.cz.
5.3. Upon withdrawal, the contract is cancelled from the beginning. The buyer must return goods within 14 days. The buyer pays return shipping, even if goods cannot be returned by standard mail.
5.4. The seller refunds the buyer within 14 days via the same payment method, but not before the goods are returned or the buyer proves shipment.
5.5. The seller may deduct damages from the refund.
5.6. The seller may also withdraw before the buyer receives the goods, refunding the buyer.
5.7. If a gift was provided with the goods, the gift contract is canceled if the buyer withdraws; the buyer must return the gift.
6. TRANSPORT AND DELIVERY
6.1. If the delivery method was requested specifically by the buyer, the buyer bears the risk and potential extra costs.
6.2. If the seller must deliver goods to an address specified by the buyer, the buyer must accept them.
6.3. If delivery must be repeated or altered due to the buyer, the buyer pays additional delivery costs.
6.4. Upon receipt, the buyer must check the packaging. If damaged, they must notify the carrier or may refuse delivery.
6.5. Additional rights and obligations may be defined in the seller’s delivery terms.
7. DEFECTIVE PERFORMANCE
7.1. Rights and obligations regarding defective performance follow applicable law (§1914–1925, §2099–2117, §2161–2174 of the Civil Code and Act No. 634/1992 Coll.).
7.2. The seller guarantees the goods are free of defects upon receipt:
7.2.1. goods have agreed characteristics or expected ones,
7.2.2. goods suit their usual or recommended purpose,
7.2.3. goods match any sample or template,
7.2.4. goods are in required quantity/weight/measure,
7.2.5. goods comply with legal regulations.
7.3. These provisions do not apply to discounted goods due to known defects, wear from normal use, used goods, or defects consistent with the item’s nature.
7.4. Defects appearing within six months are presumed to have existed upon receipt. Consumer goods may be claimed within 24 months.
7.5. Claims must be submitted at the seller’s premises or other designated locations.
7.6. Additional rights and obligations may be stated in the seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS
8.1. Ownership transfers upon full payment.
8.2. The seller is not bound by any codes of conduct under Section 1826(1)(e) of the Civil Code.
8.3. Complaints are handled via info@fizishop.cz. The seller informs buyers of the outcome by email.
8.4. For out-of-court dispute resolution, the Czech Trade Inspection Authority is competent: Štěpánská 567/15, 120 00 Prague 2, https://adr.coi.cz/cs. Online disputes may be resolved at http://ec.europa.eu/consumers/odr.
8.5. The European Consumer Centre Czech Republic (http://www.evropskyspotrebitel.cz) is the contact point under Regulation (EU) No. 524/2013.
8.6. The seller is authorized to sell goods under a trade license. Supervision is conducted by the respective Trade Licensing Office, the Office for Personal Data Protection, and the Czech Trade Inspection Authority.
8.7. The buyer assumes the risk of a change in circumstances under Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The seller fulfills its information obligation under Article 13 of GDPR through a separate document regarding personal data processing for the purposes of fulfilling the purchase contract and legal obligations.
10. COMMERCIAL COMMUNICATIONS AND COOKIES
10.1. The buyer agrees to receive information and marketing messages from the seller via email. The seller fulfills its GDPR obligations through a separate document.
10.2. The buyer agrees to the storage of cookies. If purchasing is possible without cookies, the buyer may withdraw this consent.
11. DELIVERY OF DOCUMENTS
11.1. Documents may be delivered to the buyer’s email address.
11.2. Notices are considered delivered even if refused, uncollected, or returned as undeliverable.
11.3. Parties may exchange correspondence via email to the address listed in the user account or on the website.
12. FINAL PROVISIONS
12.1. If the contractual relationship contains an international element, it shall be governed by Czech law. The buyer as a consumer is not deprived of protection granted by mandatory legal provisions.
12.2. If any provision of these Terms and Conditions is invalid or ineffective, a valid provision with similar meaning shall replace it. This does not affect the validity of the remaining provisions.
12.3. The purchase contract including the Terms and Conditions is archived by the seller electronically and is not accessible.
12.4. An appendix containing a sample withdrawal form is part of the Terms and Conditions.
12.5. Seller’s contact details: Aviso s.r.o., Křtětice 8, 389 01 Vodňany, info@fizishop.cz, phone 739 204 860
In Křtětice, 10 September 2019
