1. INTRODUCTORY PROVISIONS

• These business terms and conditions are valid for shopping at the www.miktoys.cz online store. The terms and conditions are in accordance with §1751 paragraph 1 of the Civil Code 89/2012 and they define the mutual rights and obligations of the contracting parties arising from or based upon a purchase agreement concluded between the Seller and a natural person via the internet shop www.miktoys.cz of the Seller. The internet shop www.miktoys.cz is run by Ing. Milan Konečný – M.I.K, located at Malínky 35, 683 33 Nesovice, tax ID: 188 18 196, tel: +420 603 266 944, e-mail: e-shop@miktoys.cz
• These terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller, is a legal person or another person ordering the goods within his business activity or profession.
• The business relationship between the Seller and the Buyer who is not the end consumer are adjusted upon individually agreed conditions. It means that the Seller is entitled unilaterally to refuse to enter into the contract with the Buyer. The Seller informs the Buyer about this fact in writing by sending a message to his e-mail address specified in the order.
• In the case of purchase from a person with a valid EU VAT, it is necessary to prove the VAT registration.

2. CONCLUDING THE PURCHASE AGREEMENT

• All the presentation published on the web interface of the www.miktoys.cz shop is of an informative nature and the Seller is not obliged to conclude a purchase agreement regarding these goods.
• The order placed by the Buyer via the internet shop www.miktoys.cz or via a telephone call is a binding offer of the Buyer to conclude a purchase agreement with the Seller. The Seller, upon receipt of the order, immediately confirms the Buyer´s acceptance of this order by sending an e-mail to the Buyer's e-mail address specified in the order. However, by this confirmation the Seller does not accept to conclude a purchase agreement with the Buyer.
• The Buyer has the right to cancel the order, i.e. to withdraw from the offer to conclude a purchase agreement without any penalty until the moment the goods are dispatched. The Buyer is obliged to inform the Seller about the cancellation of the order via e-mail or telephone.
• The contractual relationship originates by the Seller´s acceptance of the Buyer´s offer to conclude a purchase agreement. The acceptance means that the Sellers dispatches goods to the Buyer or that the Seller explicitly confirms acceptance of the offer via e-mail.
• The prices for the goods and services (e.g. postage) specified on the web interface are in CZK including the relevant VAT in compliance with the legislation in force.
• The Buyer agrees to the use of distance communication when concluding the purchase agreement. The costs incurred to the Buyer when using the means of distance communication in connection with concluding of the purchase agreement (the cost of internet access, telephone costs) are paid by the Buyer.
• The purchase agreement is concluded in the Czech language. The Seller must store it in order to perform the obligation. The purchase agreement is not accessible to third parties.

3. PAYMENT TERMS

• The price of the goods and any costs associated with delivery of the goods under the purchase agreement can be paid by the Buyer to the Seller in the following ways:

1. in cash on delivery at the place designated by the Buyer in the purchase order;
2. via a bank transfer to the Seller´s account.

• Along with the goods the Seller sends an invoice - a tax document - to the Buyer.
• Receipt issued by the Seller under the Act on the registration of sales will be send to the customer by email. Message will be send to the email address provided during registration.
• The internet shop www.miktoys.cz is also entitled to send proforma invoices and tax documents to the Buyer by email or eventually by post.

4. TRANSPORT AND DELIVERY OF THE GOODS

• The Buyer bears the costs associated with postage and packing of the goods. The Buyer selects the method of delivery when placing the order. These costs relate to the prices quoted on the internet shop www.miktoys.cz.
• If the Seller must under the conditions of the purchase agreement deliver the goods at the place designated in the order by the Buyer, the Buyer is obliged to accept the goods on delivery. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects immediately notify the carrier. In case the package is damaged, which would indicate an unauthorized intrusion into the package, the Buyer may refuse to accept the package from the carrier.
• In case the goods are required to be delivered by any other means (e.g. delivered repeatedly) than what is specified in the order because of reasons on the Buyer´s side, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with other means of delivery.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

• The Buyer is entitled in accordance with §1829 paragraph 1 of the Civil Code to withdraw from the purchase agreement without giving any reasons within fourteen (14) days from receipt of the goods. Withdrawal from the agreement must be delivered to the Seller within this period via e-mail to the Seller´s e-mail address or in writing to the business address of the Seller. The Buyer can use also the Seller´s withdrawal form annexed to the terms and conditions.
• In case of a withdrawal, the purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days after the Buyer´s withdrawal from the agreement. If the Buyer withdraws from the agreement, he bears the costs associated with the return of the goods (e.g. transport) even in the case when the goods can not be returned via common mail system due to their nature.
• In case of a withdrawal from the agreement the Seller returns the purchase price to the Buyer within fourteen (14) days after receipt of the withdrawal from the Buyer. The Seller returns the money to the Buyer by the same payment method that the Buyer used, unless the Buyer and the Seller agree on another method that does not create additional costs to the Buyer. The Seller is not obliged to refund the purchase price to the Buyer before receipt of the returned goods or before the Buyer proves sending the goods to the Seller.
• The Buyer is entitled in accordance with §1832 of the Civil Code to reclaim the funds associated with delivery of the goods (postage) when purchasing the goods (but not when returning them). However, this claim refers only to the amount of the cheapest delivery method offered by the Seller (even when the Buyer selected a more expensive method of delivery). Personal pickup is not considered as such a method of delivery.
• The Buyer acknowledges that in accordance with § 1837 of the Civil Code, among other things, he cannot withdraw from the agreement.

1. for the supply of goods which have been adapted to the wishes of the Buyer or his person (tailor-made production);
2. for the supply of goods which are subject to rapid deterioration, as well as goods that after delivery irreversibly mixed with other goods;
3. for the supply of sealed goods which the consumer has removed from its packaging and it is not possible to return the goods for hygienic reasons.

• The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to the incurred damage reimbursement from the Buyer. The Seller may unilaterally set off a claim against the Buyer´s right to a refund of the purchase price.
• If the Buyer is along with the goods given a gift, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that in case of a withdrawal from the purchase agreement, the deed of the gift is voided and the Buyer is required to return the provided gift to the Seller along with the goods.
• Pending receipt of the goods by the Buyer, the Seller may at any time withdraw from the agreement. In this case, the Seller informs the Buyer about this fact via e-mail specified in the order and the Sellers returns the purchase price to the Buyer without any delay.

6. RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE

• The Seller is responsible to the Buyer that the goods on delivery have no defects and that at the time of receipt:

1. the goods have the properties which the parties agreed on, and if such an agreement is absent, the goods have the properties which the Seller or the manufacturer describe or the Buyer expects considering the nature of the goods and the advertising published about them;
2. the goods is suitable for the purpose presented by the Seller, or for which it is usually used;
3. 3.the quality or design of the goods correspond to the agreed sample or model, provided that the design was determined upon the agreed sample or model;
4. the goods are delivered in the required amount, scope or quality;
5. the goods comply with the legal requirements.

• The provisions described in 6 of these terms and conditions do not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear caused by usual use of the goods, to used goods with a defect corresponding to the wear and tear of the goods at the moment of takeover by the Buyer, or if a defect occurs due to the nature of the goods.
• The Buyer is entitled to exercise the rights arising from defective performance in case the goods are defective at the moment of takeover by the Buyer. If a defect arises within six (6) months from the date of receipt of the item, the goods are deemed defective at the time of takeover.
• If the defective performance presents a breach of the agreement, the Buyer has the right:

1. to demand delivery of a new item without defect or delivery of the missing parts;
2. to demand repair of the defect of the item;
3. to request a reasonable discount from the price;
4. to withdraw from the agreement.

• The Buyer informs the Seller about the right he selects at the time when he announces the defect, or without undue delay, after the announcement of the defect. The Buyer cannot change his choice without the Seller’s consent.
• The Buyer exercises his rights arising from defective performance at the Seller´s premises located at Ing. Milan Konečný – M.I.K, Malínky 35, 683 33 Nesovice.
• The moment of exercising the right from defective performance is considered to be the moment when the Seller received from the Buyer his will to exercise the right from defective performance.

7. COMPLAINTS CODE

• The Complaints Code is governed by the Civil Code and the Consumer Protection Act and applies to goods in which the buyer-consumer rights under the law for defects (hereinafter referred to as "Complaints") are applied at the statutory time.
• The Buyer is not entitled to claim a defect in the wear and tear of the goods (or parts thereof) caused by their normal use or arising from the nature of the item (eg by expiry of life) or caused by the Buyer, or by misuse, improper maintenance or mechanical damage.
• The Seller is not responsible for defects when the goods are used and the defect corresponds to the degree of use or wear and tear of the goods when taken over by the Buyer.
• Installation or other putting into service is not a part of the delivery of the goods and the Buyer declares that the method of putting it into operation is known to him because of the nature of the matter.
• The Buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four (24) months of the takeover. In the case of used goods, the period for exercising the rights of defective performance is twelve months after the receipt.
• If the Buyer wants to complain about the goods, it is necessary to send an e-mail to e-shop@miktoys.cz, specifying in particular the product type, the sales document number and the defect description. Within 5 business days, the customer will be informed about the next step.
• It is advisable to send the goods in the original packaging or in a satisfactory transport package satisfying the requirements of shipment of fragile goods, including all accessories, and mark the consignment with the relevant symbols as the Seller is not liable for any mechanical damage before the goods are accepted. In the case of a legitimate complaint, the Buyer has the right to reimbursement of the postage at the minimum necessary amount for safe delivery (proof of transport must be provided). In the case of an unjustified complaint, the Buyer is not entitled to reimbursement of his costs associated with the handling of the claim and, at the same time, the Seller is not entitled to reimbursement of the costs incurred by him (unless the Buyer made, for example, an unreasonable complaint, that could already be considered as an abuse of consumer rights.)
• The Seller shall assess the eligibility of the defect claim for the goods immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product needed to expertly assess the defect. After review, he will notify the Buyer within the same deadlines by email of how the claim will be settled. Claims, including the removal of a defect, will be settled without undue delay, no later than 30 days after the date of claim submission.
• Goods can be claimed at the Seller's premises.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

• The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
• The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provision § 1826 Section 1 letter e) of the Civil Code.
• 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 responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
• European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
• Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
• The Buyer hereby takes on the risk of changing circumstances in accordance with § 1765 Section 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

• The Seller undertakes to process the personal data of the Buyer in accordance with Act No. 101/2000 about personal data protection. Except for persons transporting the goods, who have access only to the data indispensable for delivery of the goods to the Buyer, the personal data serves solely for the Seller´s needs and it is not given to third parties.
• The Buyer has the right to ask the Seller to change or to delete his personal data from the Seller´s database at anytime.
• The personal data is processed for an indefinite period.

These terms and conditions enter into force on March 1, 2017.