Terms and Conditions

BUSINESS TERMS AND CONDITIONS

trading company VYKOM s.r.o.

with registered office at Kumburský Újezd 104, 509 01 Nová Paka

identification number: 252 81 526

registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, File 12567

for the sale of goods through an online store located at the internet address www.vykom.cz

 

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the " Terms and Conditions ") of the company VYKOM sro, with its registered office at Kumburský Újezd 104, 509 01 Nová Paka, identification number: 252 81 526, entered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Insert 12567 (hereinafter referred to as the " Seller ") regulate, in accordance with the provisions of Section 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 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 vykom.cz (hereinafter referred to as the " Online Store ").

1.2. The buyer is the customer of the online store, who may be either a consumer within the meaning of Section 2, paragraph 1, letter a) of Act No. 634/1992 Coll., on Consumer Protection, or a person other than a consumer.

1.3. 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 language. The purchase contract can be concluded in the Czech language.

1.4. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

 

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the website, the Buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as the " user account "). If the store's web interface allows it, the Buyer can also order goods without registration directly from the store's web interface.

2.2. When registering on the website and when ordering goods, the buyer is obliged 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 change. The data provided by the buyer in the user account and when ordering goods is 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 his user account.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 12 months, or if the Buyer breaches his/her obligations under the purchase contract (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 equipment, or the necessary maintenance of the hardware and software equipment of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

3.2. The online store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the online store.

3.3. The online store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out an order form. The order form contains in particular information about:

3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),

3.4.2. the method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively 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 by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Buy for ..." button, while the buyer is informed that he is sending an order with the obligation to pay. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the " buyer's e-mail address ").

3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8. The Seller is entitled to withdraw from the concluded contract at any time before the delivery of the goods, in particular if, for reasons attributable to third parties, he is unable to deliver the goods to the Buyer within a reasonable period of time under the circumstances, or if the goods are no longer produced or delivered, or if it becomes apparent that the Buyer has breached a previously concluded contract with the Seller. If the Buyer has already paid the purchase price, this will be refunded.

3.9. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding 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.

3.10. Until the moment the goods are dispatched, the buyer has the option to cancel the order by phone or e-mail via the customer service line.

3.11. In the event that the online store displays an incorrect price for the goods (price is unreasonably low) due to an obvious error on the part of the seller, the seller is entitled to correct the error (change the price) even after the buyer has placed an order. However, the buyer must agree to the correction. If the buyer does not agree to the correction, the seller is entitled to cancel the order.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

·         in cash at the seller's collection point at the address VYKOM s.r.o., Kumburský Újezd 104, 509 01 Nová Paka;

·         in cash on delivery at the location specified by the buyer in the order;

·         by bank transfer to the seller's account no. 5928477319/0800, maintained with Česká spořitelna, as (hereinafter referred to as the " seller's account ");

·         cashless via the GoPay payment system ;

·         cashless payment by card;

·         through a loan provided by a third party.

4.2. Together with the purchase price, the buyer is obliged to pay the seller 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 delivery of the goods.

4.3. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash 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.

4.5. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7. The Seller shall issue an invoice to the Buyer. The Seller is a payer of value added tax. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and shall be sent in electronic form to the Buyer's electronic address.

4.8. In the case of personal collection of goods and payment at the store, the goods are reserved for the buyer for a period of 5 working days. After this period, the order is canceled.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been broken. When returning, the degree of use and contamination may be taken into account and only a proportional amount will be returned.

5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the Terms and Conditions. The buyer can send the withdrawal from the purchase contract to the address of the seller's business premises or to the seller's e-mail address shop@vykom.cz . If a gift was provided together with the goods, the gift contract is concluded with a termination condition that if the consumer withdraws from the purchase contract, the gift contract with respect to such a gift loses its effectiveness and the consumer is obliged to return the gift provided together with the goods.

5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

5.4. The consumer acknowledges that in the event of withdrawal from the purchase contract, the consumer is entitled to a refund of the shipping costs only at the lowest offered amount. The consumer further acknowledges that in the case of oversized goods (the consumer himself is not able to deliver the shipment to the post office or to a branch of another carrier without difficulty), the consumer may use the seller's collection of oversized goods, which is charged a flat rate of CZK 2,000 and is payable upon collection of the goods by the seller.

5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Consumer within fourteen (14) days of the Consumer's withdrawal from the purchase contract. The Seller is also entitled to return the performance provided by the Consumer when returning the goods or in another manner, if the Consumer agrees to this and does not incur additional costs. If the Consumer withdraws from the purchase contract, the Seller is not obliged to return the funds received before the Consumer returns the goods or proves that the goods have been sent to the Seller. In the event of payment by credit or debit card, the funds will be returned in the same manner, i.e. returned back to the credit or debit card.

5.6. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the consumer's claim for a refund of the purchase price. If the buyer used a discount coupon (or other discount) when purchasing the goods for which he withdraws from the contract, he will be refunded the purchase price of the returned goods corresponding to the ratio of the applied discount to all goods included in the same order.

5.7. The buyer, who is not a consumer, is entitled to withdraw from the purchase contract in accordance with the general provisions of Act No. 89/2012 Coll. Civil Code, as amended.

 

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. In the event that 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.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the 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 manner than specified 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 accepting 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 of finding damage to the packaging indicating unauthorized entry into the shipment or in case of obvious damage to the goods, the buyer does not have to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

7.2.3. the goods correspond in 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 of appropriate quantity, measure or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4. If a defect becomes apparent within one year of receipt, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The buyer shall exercise the rights arising from defective performance with the seller at the address of his business (Kumburský Újezd 104, 509 01 Nová Paka), or by sending it by post or other means of transport to this address. The moment of claiming the claim is considered the moment when the seller becomes aware of the claim.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods at the moment of their receipt.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8. 3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: http://www.coi.cz/ , is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address https://www.coi.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr/ can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

8.4. 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 pursuant 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 dispute resolution for consumer disputes).

8.5. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.6. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

 

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended.

9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as " personal data ").

9.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.

9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller of any change in his personal data without undue delay.

9.5. The Seller may entrust the processing of the Buyer's personal data to a third party as a processor. Apart from persons transporting the goods, the Seller will not transfer personal data to third parties without the Buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in a manner that is contrary to the protection of the buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. demand that the seller or processor eliminate the situation thus arising.

9.9. The buyer can change and check his/her data after logging into his/her user account, and can request the deletion of personal data by sending a request to the email shop@vykom.cz.

 

10. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES

10.1. 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.

10.2. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

 

11. DELIVERY

11.1. The Buyer may be delivered to the email address specified in his user account or specified by the Buyer in the order.

 

12. FINAL PROVISIONS

12.1. 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. This does not affect the consumer's rights arising from generally binding legal regulations.

12.2. 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. Amendments and supplements to the purchase contract or Terms and Conditions shall be in writing.

12.3. The purchase contract, 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 form for withdrawal from the purchase contract.

12.5. Seller's contact details: delivery address VYKOM s.r.o., Kumburský Újezd 104, 509 01 Nová Paka, e-mail address shop@vykom.cz, telephone +420 777 910 189.

In Nova Paka on 1.4.2026