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Terms and Conditions

Store / Terms and Conditions

1. General Provisions

  1. By ordering goods, the customer accepts the terms and conditions for the delivery of goods as set out by the seller. The terms and conditions set out by the seller are binding upon both parties, unless expressly stated otherwise in the agreement.
  2. Unless a permanent purchase agreement is drawn up between the parties in written form, the seller shall supply the goods on the basis of an electronic order and the customer's specification.

2. Order and Execution of a Purchase Agreement

  1. All orders submitted by way of this internet shop are binding. By submitting an order, the purchaser confirms that it has acquainted itself with these terms and conditions and agrees to them.
  2. An order is a proposal for a purchase agreement. The purchase agreement is created as of the moment of receipt of the ordered goods by the purchaser.
  3. The validity of the electronic order is conditional upon filling in all of the information prescribed by the form and expressing consent to these terms and conditions and, at the same time, granting consent to the processing of personal data (see paragraph 8).
  4. The place of delivery of the goods is the address given by the purchaser in the order form.
  5. The ownership right to the goods passes to the purchaser, conditional upon the payment of the entire purchase price, as of its receipt.
  6. The seller reserves the right to refuse to process an order if the order information is incomplete or if it causes doubt as to the true intent of the customer to order the goods. The seller shall send information of such a refusal to the customer's email address.

3. Withdrawal from the Purchase Agreement (Returning Goods)

  1. If the purchaser is not a business entity, where the legal relationship is governed by the provisions of the Commercial Code No. 513/1991 Coll., has the right to withdraw from the agreement within 14 days of the receipt of the goods under the conditions of the provisions of Art. 53 (7) of the Civil Code No. 40/1964 Coll.
  2. If the purchaser decides to withdraw within such a deadline, it is obligated to contact the seller in writing, stating the order number and the date of purchase. The purchase shall send the undamaged goods, without signs of use or wear and tear, in the original packaging, back to the seller within the said deadline (the date of sending being decisive). After the receipt of the returned goods in a proper condition, the seller shall immediately refund the customer with a corresponding sum in a manner as agreed upon in advance. The purchaser is obligated to pay all dispatch costs.
  3. Goods cannot be sent as "collect on delivery"! Goods returned in such manner will not be received and the processing time is thus protracted.

4. Payment for Goods and Transport

  1. Goods can be paid for in the following manners:
  2. Payment in cash upon receipt of the goods as "collect on delivery"
  3. Payment in advance by bank transfer (the goods will be sent to the customer or issued at the store upon receipt of the payment on the seller's account)
  4. The price of transport according to the customer's choice, see below, will be added to the price of the goods.
    • CZK 99 (Commercial parcel PPL, on-line payment via VISA or Mastercard) Czech Republic
    • CZK 149 (Commercial parcel PPL, including "collect on delivery" fee) Czech Republic
    • CZK 339 (Commercial parcel, on-line payment via VISA or Mastercard) delivery to Slovakia

5. Delivery Term

  1. The delivery term is dependent upon the choice of goods and the manner of payment. In the case of goods that are in stock and will be sent as "collect on delivery" or in the case of goods that are paid on-line via VISA or Mastercard, the order is processed within 2 business days. In the case of goods that are in stock and will be paid by bank transfer, the order will be processed within 2 business days of the crediting of the payment to the seller's account.
  2. If goods are not in stock or are "to order", the customer will be informed immediately of the possible delivery term.

6. Warranty Terms

  1. The company Němec s.r.o. provides a warranty on the goods within the extent of the generally binding regulations, for the period of time stated in warranty certificate. If no warranty certificate is provided with a product, the warranty period set out by law shall apply. The standard statutory warranty period is 24 months, and can be longer for some products if the manufacturer offers such. The warranty period commences from the date of the handover of the goods to the purchaser.
  2. The purchaser is obligated to inspect the delivered goods immediately when taking receipt of the goods, and to immediately write up a note on any defects consisting in discrepancies in quantity or damage to the received item. The acknowledgement of a warranty claim and the commencement of a warranty claim procedure is conditional upon it having been submitted without undue delay and within the warranty period with a valid tax document and warranty certificate (if a warranty certificate has been issued by the manufacturer). The goods must be returned in the original, undamaged and complete packaging with the complete appurtenances.
  3. If goods that have been sent back to the seller (whether due to a warranty claim or exchange etc. …) are not properly packaged and are thereby damaged or degraded during transport, the purchaser shall compensate the incurred damage in full.
  4. The right to submit a warranty claim ceases to exist as of:
    1. the damaging of the goods caused by transport (such damage must be settled with the carrier at receipt)
    2. a breach of protective seals or stickers, if any such are on the goods
    3. inexpert installation, handling or service or use that is in breach of the user manual or instructions
    4. use of the goods in conditions that do not correspond to the conditions for use stated in the documentation, manual or instructions
    5. the damaging of the goods by the elements
    6. the damaging of the goods through excessive loading or use that is in breach of the instructions in the user manual

7. Final Provisions

  1. These terms and conditions shall apply in the version as set out on the seller's website on the date of the submission of an electronic order by the purchaser.
  2. By submitting an electronic order, the purchaser accepts, without reservations, all of the provisions of the terms and conditions as well as the valid price of the ordered goods, including the transport fee or the postage fee as stated in the internet shop's catalog in the version valid on the date of the submission of the order. The purchaser is irrevocably bound by a submitted order.
  3. The parties have expressly agreed, within the meaning of the provisions of Art. 262 (1) of the Commercial Code No. 513/1991 Coll., that, unless the terms provide otherwise, their rights and obligations shall be governed by the Commercial Code, particularly the provisions of Art. 409 et seq.

8. Protection of Personal Data

  1. The protection of the personal data of a purchaser who is a natural person is provided under Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
  2. The purchaser agrees to the processing of the following of its personal data: name and surname, residence address, identification number, tax identification number, electronic mail address and telephone number (all of which is hereinafter jointly referred to as the "personal data").
  3. The purchaser agrees to the processing of personal data by the seller, for the purposes of the realization of the rights and obligations under the purchase agreement. If the purchaser selects this option in the order form, the purchaser also agrees to the processing of personal data by the seller for the purposes of sending information and commercial messages to the purchaser. Consent to the processing of personal data to the full extent of this article is not a condition preventing, in and of itself, the execution of a purchase agreement.
  4. The purchaser is aware that he/she is providing personal data voluntarily, but is obligated to provide his/her personal data (when ordering through the shop's web interface) correctly and truthfully and, if necessary, to inform the seller without undue delay of any change thereof.
  5. With the exception of persons transporting the goods, personal data will not be transferred to third parties by the seller without the previous consent of the purchaser.
  6. Personal data will be processed for an indefinite period of time, in electronic form by automated means, and subsequently safely stored on the seller's duly secured server, or on adequately the seller's secured backup servers.
  7. Should the purchaser believe that the seller is conducting processing of his/her personal data that is in breach of the protection of the purchaser's private and personal life, or in breach of the law, particularly if personal data are inaccurate in view of the purpose of their processing, the purchaser can:
    1. ask the seller to provide an explanation,
    2. require the seller or the processor to eliminate such a situation.
  8. If the purchaser asks for information on the processing of his/her personal data, the seller is obligated to provide the purchaser with such information, and to erase data upon the purchaser's request for it to do so, no later than within 30 days of the submission of the request.
  9. For its proper functioning (basket, language versions …), the eshop service requires cookie files, which are sent into the client's device. Further, third party instruments (GA, FB Pixel, …) are, or can be, activated on the entire portal nemec.eu, serving for the analysis of visit rates, this being purely anonymous on our part. Data on visits from individual IP addresses, or IP addresses as such, are not collected.

9. Warranty Claims

  1. Prior to taking receipt of the parcel from the courier, the recipient must check to make sure that the parcel does not have damaged packaging or any other visible damage.
  2. In the event of visible damage, the recipient and the courier shall write up a Damage Note.
  3. If, after taking receipt of the parcel, the addressee subsequently ascertains that the content is damaged, or that a decrease in the content of the parcel has occurred, it is necessary to fill in a warranty claim note on the web portal of the carrier www.ppl.cz in the "warranty claim" section no later than within 2 business days of the receipt of the parcel.
  4. If a defect appears in the goods within the warranty period, the client can always contact the seller directly, where the client will be given a most careful recommendation as to how to proceed further.
  5. If, even despite the above, the purchaser wishes to send the goods to the seller, the purchaser should inform the seller of such intention in advance by telephone or in writing by email. Contacts: Tel: +420 608 382 036 e-mail: eshop@nemec.eu
  6. The product should be perfectly wrapped, preferably in the original packaging with the warranty certificate, all documentation, appurtenances, proof of purchase (a copy suffices) and with a precise description of the defect.
  7. Goods sent for warranty claims, exchange, etc. cannot be sent as "collect on delivery" – it will not be received, in such a case!