Terms and Conditions

1. General provisions

1. These Terms and Conditions and the Complaints Procedure (hereinafter referred to as "Terms and Conditions") apply to the purchase of goods in the online shop www.teek.cz, operated by spoint distribution s.r.o., Husova 2581, Brandýs nad Labem, Postal Code 250 01, ID No.: 24809098, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 176242.
2. The Terms and Conditions define and specify the rights and obligations of the Seller and the Buyer.
3. If the Buyer is a consumer, as defined in point 2.b. below, the relations not regulated by these Terms and Conditions are governed by the Civil Code (Act No. 40/1964 Coll., as amended, hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
4. If the Buyer is an entity other than a consumer, as defined in section 2.c. below, the relationships not governed by these Terms and Conditions shall be governed by the Commercial Code (Act No. 513/1991 Coll., as amended) and the individual provisions of these Terms and Conditions that are marked for the Buyer - consumer shall not apply in such case and shall not apply to the commercial relationship.
5. By concluding the Purchase Agreement, the Buyer confirms that he/she has read these Terms and Conditions, is aware of their content and agrees to them. These terms and conditions are an integral part of the concluded purchase contract.
6. The Seller expressly notifies the Buyer that the goods sold are intended for household use, unless otherwise stated in the Purchase Contract. The goods sold are not intended for use in a commercial environment, e.g. restaurants, hotels, etc. The Seller shall not be liable for defects caused by the excessive burden of using the goods for commercial or non-commercial purposes other than domestic use.
7. The Seller delivers the goods to the Buyers only within the territory of the Czech Republic. Orders with a place of delivery outside the territory of the Czech Republic are not accepted and are not covered by these terms and conditions.

2. Definition of terms

1. The Seller is a legal entity which acts within the scope of its business activity when concluding and performing the contract. The seller supplies goods or services to the buyer directly or through other entrepreneurs.
2. The buyer-consumer is a person who is not acting in the course of his trade or business when concluding and performing the contract. It is a natural person who purchases products or uses services within the meaning of Section 52(3) of the Civil Code and the Consumer Protection Act.
3. A buyer - another entity is a person who, in concluding and performing a contract, acts within the scope of his trade or other business.
4. Object of purchase - the object of purchase under the purchase contract is the goods specified in the binding order confirmation by the seller, which concludes the purchase contract. The subject of the contract and the purchase price does not include the assembly of the goods and other services such as the delivery of goods to the floor, etc.
5. The Seller is a VAT payer, the sales prices are inclusive of VAT. The price is subject to the addition of transport costs in accordance with the rules set out in Article 6 of these Terms and Conditions below.

3. Procedure for concluding the purchase contract

The
1. Buyer's order in the online shop is a draft purchase contract.
2. The purchase contract is concluded by acceptance of this draft, namely by a binding confirmation of the order by the Seller delivered by e-mail to the Buyer.
3. The Buyer's order and the Seller's binding order confirmation shall be deemed to have been delivered if the parties to whom they were addressed are able to become acquainted with them.
4. It is the Buyer's duty and responsibility to check the binding quotation or the subsequently sent advance invoice carefully and to make sure that in particular the following information agrees with and is in accordance with the order:
   - A. the billing address
   - B. the delivery address
   - C. the number, type, colour, price of all items in the order agrees with and is in accordance with the Buyer's requirements and order.
   If the buyer confirms the offer (not only the written consent but also the sent deposit for the goods is taken as confirmation), he confirms the correctness of all data and the seller is not liable for any errors. After binding ordering and approval, in particular of custom-made items, no changes can be made, especially with regard to point C.

4. Rights and obligations of the parties

1. Upon conclusion of the purchase contract, the Seller is obliged to deliver the object of purchase to the Buyer and the Buyer is obliged to take over the object of purchase and pay the agreed price to the Seller.
2. The Seller shall deliver the goods on the basis of an electronic order and the Buyer's specification on the order form, which the Buyer fills in when ordering the goods, which is confirmed by a binding order confirmation from the Seller.
3. The Seller undertakes to deliver the goods to the Buyer without defects in accordance with the applicable law of the Czech Republic to the address given by the Buyer, if such address is in the Czech Republic. In the case of personal collection, the goods will be ready for collection at the Seller's premises and the Buyer will be informed by email or telephone.
4. The Buyer is obliged to pay the Seller the purchase price and the transport fee properly and on time.
5. Title shall pass to the Buyer only after full payment of the purchase price and delivery of the goods to the Buyer.
6. In accordance with Section 53(7) of the Civil Code, the buyer - consumer, defined in Section 2.2 above, has the right to withdraw from the purchase contract within 14 days of receipt of the goods. In such a case, the seller is entitled to the payment of the costs related to the purchase and return of the goods. The costs related to the purchase and return of the goods also include the costs of returning the goods to their original condition if the goods have been damaged or show signs of wear and tear. If the returned goods are damaged, non-functional, incomplete or show signs of wear and tear and use, the purchase price of the goods will be refunded to the buyer less the costs incurred by the seller to restore the goods to their original condition. The Buyer shall pay the shipping costs associated with the return of the goods.
7. Goods modified (surface treatment, change of material, dimensions according to the Buyer's requirements, etc.) at the Buyer's request or ordered at the Buyer's special request cannot be returned.
8. In case the buyer-consumer decides to withdraw from the purchase contract, we recommend the following procedure: the buyer-consumer contacts the seller at the e-mail address obchod@teek.cz or by phone at 212 240 825 or by sending a letter to the address of the seller's registered office and states that he/she is withdrawing from the contract with the order number, date of purchase and account number for refund.

5. Payment for the goods

1. The goods will be delivered to the buyer only after full payment of the purchase price and freight charges.
2. The Buyer may pay the purchase price and freight in person upon receipt of the goods from the transport service if the goods are sent on delivery, or may pay the purchase price in person upon delivery of the goods at the Seller's premises, or by bank transfer to the Seller's account in case of payment in advance.
3. The Seller reserves the right to require a deposit for the purpose of further procedure in the amount of 50%-100% of the total amount of the order.
4. The goods remain the property of the seller until full payment.

6. Delivery date and transport

1. If the ordered goods are in stock, the goods will normally be dispatched to the Buyer within three working days after the conclusion of the Purchase Agreement and full payment of the purchase price and freight charges or within five working days after the conclusion of the Purchase Agreement if the goods are sent on delivery ("Delivery Date").
2. For goods that are not in stock, the usual delivery time is one to ten weeks. If the ordered goods are not in stock, the buyer will be informed of the expected delivery time. If he does not agree with the delivery time, the order will be cancelled.
3. The Seller reserves the right to cancel the order if the goods are no longer manufactured, no longer delivered or if the price has changed significantly.
4. Shipments are sent by shipping service or the buyer may choose to collect in person at the seller's premises.
5. Upon receipt of the shipment, the Buyer is obliged to inspect the shipment and verify that the packaging is intact and that the shipment does not show obvious signs of damage. If obvious signs of damage are detected upon receipt of the shipment by the Buyer, the Buyer is not obliged to accept the shipment.
6. If the parcel has been delivered by a shipping service and shows signs of damage, the buyer shall draw up a damage report with the shipping service. The Buyer shall report any damage to the consignment in transit to the Seller without undue delay. If the Buyer accepts the damaged shipment from the carrier, the extent of the damage must be described in the carrier's handover report.
7. If the Buyer discovers other than obvious damage to the shipment, which is probably caused by the carrier, the Buyer shall without undue delay, no later than within 3 working days from the date on which the shipment was delivered to the Buyer, request the carrier to draw up a record of the damage, take over the shipment from the Buyer and deliver it back to the Seller. The Buyer must not tamper with the consignment in any way and must ensure that the packaging in which the consignment was delivered to him is preserved. We also recommend sending photo documentation of the damaged goods and packaging.
8. The buyer is obliged to confirm the receipt of the goods to the seller on the delivery note.
9. Shipping is free of charge for orders with a total price of CZK 5,000 or more, including VAT; for orders up to CZK 5,000, including VAT, a shipping fee of CZK 150, including VAT, is charged. The free shipping fee does not apply to large goods such as patio boards and accessories for the installation of terraces, for these goods we will inform you of the shipping price on request.
   The shipping fee does not include the return to the floor or delivery to the customer's home, the carrier guarantees delivery to the "first door" or to the place where the goods can be delivered due to their dimensions. The carrier does not guarantee the exact hour of delivery, the delivery service usually delivers between 8am and 4pm Monday to Friday. If the customer wishes to request services beyond these shipping terms, additional charges for these services are billed separately.
   The customer will be notified of this prior to shipping.
   
10. The buyer is obliged to pay the shipping charges even if he does not take over the goods sent from the carrier for reasons on the buyer's side. If the Buyer does not notify the Seller by email or telephone of the cancellation of the purchase contract prior to the Seller's notification of the dispatch of the purchased goods, the Buyer will subsequently be sent a tax receipt in the amount of the transport fee.

7. Warranty and Complaints Procedure

1. The Seller shall be liable to the Buyer for the fact that the goods sold are in conformity with the Purchase Contract upon receipt by the Buyer, in particular that they are free from defects.
2. The invoice - tax document for the goods also serves as a warranty certificate.
3. The warranty period starts from the date of acceptance of the goods by the buyer. The seller is liable to the buyer for defects that manifest themselves as a breach of the purchase contract after the goods have been taken over within the warranty period.
4. The Seller shall not be liable for defects in the goods caused by the transport of the goods by the Buyer or by improper handling or assembly by the Buyer.
5. A defect in the goods is not
• the usual difference in colour or texture of natural materials
• a natural change in the shade of the wood due to weather conditions
• minor cracks in the wood caused by changes in humidity
6. The Seller reserves the right to make minor changes to the design and dimensions of the goods sold.
7. The guarantee does not apply to products that have been improperly stored or assembled, used in an improper or incorrect manner, altered or cleaned using improper procedures or improper cleaning agents. Warranties do not cover normal wear and tear or damage or scratches caused by impact or accident.
8. Warranties apply to household use only, unless other uses are permitted for the goods.
9. If the goods are not in conformity with the contract of sale when taken over by the buyer (breach of contract), the buyer has the right to have the seller restore the goods to a condition corresponding to the contract of sale free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the buyer; if this is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract.
10. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.
11. The warranty period is 24 months for the consumer buyer (as defined in 2.b above) and 6 months for the non-consumer buyer (as defined in 2.c above).
12. The buyer-consumer has the following rights under the seller's liability for defects in the goods sold:
    • If the defect is one that can be remedied, the buyer-consumer has the right to have it remedied free of charge, in a timely and proper manner, and the seller is obliged to remedy the defect without undue delay. If this is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the goods or, if the defect concerns only a part of the goods, replacement of the part. If this is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract.
    • If the defect cannot be remedied and prevents the goods from being properly used as goods without defect, the buyer-consumer has the right to have the goods replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are removable, but the buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a large number of defects.
    • If there are other irremovable defects and if the buyer does not request replacement of the goods, the buyer - consumer has the right to a reasonable discount on the price of the goods or may withdraw from the contract.
13. Entitlement for other buyers:
    • If the defect is a removable defect, the buyer has the right to have it removed free of charge, in a timely and proper manner, and the seller is obliged to remove the defect without undue delay. If this is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the goods or, if the defect concerns only a part of the goods, replacement of the part. If this is not possible, the buyer may demand a reasonable discount on the price of the goods.
    • If the defect is one that cannot be remedied and does not prevent normal use, the buyer-other party shall have the right to have the goods replaced or to a reasonable discount on the price of the goods.
    • If the defect cannot be remedied and hinders normal use, the buyer has the right to exchange the goods, to a reasonable discount on the price of the goods or to withdraw from the contract.
14. The buyer may file a claim with the seller in any way. The Seller recommends to the Buyer the following procedure for making a claim:
    • by e-mail at reklamace@teek.cz
    • by letter delivered to the Seller
    In all cases, we recommend sending photo documentation with a description of the defects found to the email address reklamace@teek.cz.
15. The Seller will decide on the Buyer's complaint within 5 working days. This time limit does not include the time reasonable according to the type of goods, which is required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer - consumer agree on a longer period.
    This period of 30 days is not binding on the buyer - another entity whose relationship with the seller is governed by the Commercial Code.
16. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
17. The Seller informs the Buyer-Consumer in accordance with the provisions of § 14 of the Consumer Protection Act that the Czech Trade Inspection Authority is the competent body for the out-of-court settlement of consumer disputes. Further information about this body can be found on the website: www.coi.cz.

8. Final provisions

1. All contractual relations are governed by Czech law.
2. These terms and conditions shall come into force on the date of their publication. The Seller reserves the right to change the terms and conditions. On the date of their publication, the validity of the previous terms and conditions is cancelled.
3. The Buyer is not entitled to assign its claim against the Seller arising from the Purchase Contract to a third party without the Seller's consent.
4. The Buyer's order, as well as amendments and additions thereto, must be made via the relevant form on the website www.teek.cz (under Your Account/Order History/Order Detail) or by email at obchod@teek.cz.
5. Special arrangements made with the Buyer in the Purchase Agreement that conflict with these Terms and Conditions shall prevail over the provisions of these Terms and Conditions.

9. Protection of personal data

1. The Seller processes personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended (hereinafter referred to as the "PDPA").
2. By submitting an order, the Buyer declares that he agrees to the following:
   • The Seller will process the Buyer's personal data specified in the order, i.e. the name, surname, billing and delivery address, email address and telephone number of the Buyer (hereinafter also referred to as "Buyer's personal data") in electronic form.
   • The Buyer's personal data will be processed for the performance of the Seller's contractual obligations and for the Seller's marketing purposes.
   • The Buyer's personal data will not be disclosed to third parties except to the shipping company that will carry out the transport of the shipment to the Buyer.
   • The Buyer, as a data subject, has the right to access and correct his/her own personal data processed by the Seller.
   • The buyer's telephone number and e-mail will be stored for as long as the buyer consents to the processing of this data.
3. The Buyer provides his/her data voluntarily in connection with the conclusion of the Purchase Agreement and the performance arising from this Purchase Agreement and for the Seller's marketing purposes.

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