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  2. Terms and Conditions

E-Shop Terms and Conditions

Registered Office: Václavské náměstí 802/56, Nové Město (Praha 1), 110 00 Praha

Identification Number: 25915207

Registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 8572

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

INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the trading company ABNER a.s., with its registered office at Václavské náměstí 56, No. 802, Postal Code 110 00, Prague 1, Identification Number: 25915207, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 8572 (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") 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 www.toner.cz (hereinafter referred to as the "Website"), via the website interface (hereinafter referred to as the "Store Interface").

Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the Czech language. The Purchase Agreement may be concluded in the Czech language.

The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

USER ACCOUNT

Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Store Interface allows, the Buyer can also place orders for goods without registration directly from the Store Interface.

When registering on the Website and ordering goods, the Buyer is obligated to provide accurate and truthful information. The Buyer is obligated to update the information provided in the User Account in case of any changes. The information provided by the Buyer in the User Account and during the ordering of goods is considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access their User Account.

The Buyer is not authorized to allow third parties to use their User Account.

The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 4 years, or if the Buyer violates their obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, especially regarding the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.

CONCLUSION OF THE PURCHASE AGREEMENT

All presentation of goods placed in the Store Interface is informative in nature, and the Seller is not obligated to conclude a Purchase Agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code do not apply.

The Store Interface contains information about the goods, including the prices of individual goods and the costs of returning goods, if these goods cannot be returned by usual postal means due to their nature. The prices of the goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the Store Interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.

The Store Interface also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods stated in the Store Interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.

To order goods, the Buyer fills out the order form in the Store Interface. The order form contains, in particular, information about:

  1. the ordered goods (the ordered goods are "placed" by the Buyer into the electronic shopping cart of the Store Interface),
  2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
  3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, also considering the Buyer's ability to detect and correct errors made during data entry into the Order. The Order is sent by the Buyer to the Seller by clicking the "submit order" button. The data entered in the Order are considered correct by the Seller. The Seller shall immediately confirm receipt of the Order to the Buyer by electronic mail, to the Buyer's electronic mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's Electronic Address").

The Seller is always entitled to request additional confirmation of the Order from the Buyer (for example, in writing or by phone) depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs).

The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's Electronic Address.

The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS

The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

  1. in cash on delivery at the location specified by the Buyer in the Order;
  2. cashless transfer to the Seller's account (hereinafter referred to as the "Seller's Account");

Together with the purchase price, the Buyer is obligated to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

The Seller does not require the Buyer to make a deposit or other similar payment in advance. This does not affect the provisions of Article 1.25 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

In the case of cash payment or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the Purchase Agreement.

In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the payment reference number. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

The Seller is entitled, especially if the Buyer fails to confirm the Order additionally (Article 1.17), to require payment of the full purchase price before dispatching the goods to the Buyer. The provisions of § 2119 para. 1 of the Civil Code do not apply.

Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is a VAT payer. The tax document – the invoice – is issued by the Seller to the Buyer after payment of the price of the goods and is sent in electronic form to the Buyer's Electronic Address.

Under the Act on Registration of Sales, the Seller is obligated to issue a receipt to the Buyer. At the same time, the Seller is obligated to register the received payment with the tax administrator online; in the event of a technical failure, this must be done within 48 hours.

 

WITHDRAWAL FROM THE PURCHASE AGREEMENT

The Buyer acknowledges that under the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement:

  1. for the supply of goods that have been modified according to the wishes of the Buyer or for their person,
  2. for the supply of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery,
  3. for the supply of goods in sealed packaging that the consumer has removed from the packaging and for hygienic reasons it cannot be returned,
  4. for the supply of an audio or video recording or computer software if the original packaging has been damaged,
  5. for the supply of newspapers, periodicals, or magazines.

In cases other than those mentioned in Article 1.35 or other cases where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in accordance with the provisions of § 1829 para. 1 of the Civil Code, with the understanding that if the subject of the Purchase Agreement 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 Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the standard form provided by the Seller, which is annexed to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Agreement to the address of the Seller's registered office or to the Seller's electronic mail address.

In case of withdrawal from the Purchase Agreement according to Article 1.36 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by usual postal means due to their nature.

In case of withdrawal from the contract according to Article 1.36 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement in the same way as the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer when returning the goods by the Buyer or in another way if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods to the Seller.

The Seller is entitled to unilaterally set off the claim for compensation for damages caused to the goods against the Buyer's claim for a refund of the purchase price.

In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 para. 1 of the Civil Code, the Seller also has the right to withdraw from the Purchase Agreement at any time until the Buyer has taken over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in a cashless manner, to the account specified by the Buyer.

If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift ceases to be effective and the Buyer is obligated to return the provided gift together with the goods to the Seller.

TRANSPORT AND DELIVERY OF GOODS

If the method of transport is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this method of transport.

If the Seller is obligated under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obligated to take over the goods upon delivery.

In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods, and in case of any defects, immediately notify the carrier. In the event of discovering damage to the packaging indicating unauthorized entry into the consignment, the Buyer may refuse to accept the consignment from the carrier.

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

RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code).

The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer for ensuring that at the time the Buyer takes over the goods:

  1. the goods have the characteristics agreed upon between the parties or, if not agreed, have the characteristics described by the Seller or expected by the Buyer given the nature of the goods and based on the advertisement,
  2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined based on the agreed sample or model,
  4. the goods are in the appropriate quantity, measure, or weight, and
  5. the goods comply with the requirements of legal regulations.

The provisions stated in Article 1.52 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by normal use, to second-hand goods for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.

If a defect appears within six months of receipt of the goods, it is assumed that the goods were defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This does not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear caused by normal use, or to second-hand goods for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.

Rights from defective performance are exercised by the Buyer at the Seller's address, at any of the Seller's establishments, or at the location specified in the Seller's complaint handling policy. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer.

Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint handling policy.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING 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 within the meaning of § 1826 para. 1 letter e) of the Civil Code.

The handling of consumer complaints is ensured by the Seller via the electronic address objednavky@toner.cz. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.

The Seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 para. 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

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

The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, they also agree to the processing of Personal Data by the Seller for the purpose of sending information and commercial communications to the Buyer. The consent to the processing of Personal Data in its entirety according to this Article is not a condition that would in itself make it impossible to conclude a Purchase Agreement.

The Buyer acknowledges that they are obligated to provide their Personal Data (during registration, in their User Account, when ordering from the Store Interface) correctly and truthfully, and that they are obligated to inform the Seller without undue delay of any change in their Personal Data.

The Seller may appoint a third party as the data processor of the Buyer’s Personal Data. In addition to persons transporting the goods, Personal Data will not be disclosed to third parties by the Seller without prior consent of the Buyer.

Personal Data will be processed indefinitely. Personal Data will be processed electronically in an automated manner or in printed form in a non-automated manner.

The Buyer confirms that the provided Personal Data is accurate and that they have been informed that this is a voluntary provision of Personal Data.

Should the Buyer believe that the Seller or processor (Article 2.35) is processing their Personal Data in a manner that violates the protection of the Buyer's private and personal life or is in breach of the law, particularly if the Personal Data is inaccurate, given the purpose of their processing, the Buyer may:

  1. request an explanation from the Seller or processor,
  2. request that the Seller or processor rectify the situation that has arisen. This may include blocking, correcting, supplementing, or disposing of the Personal Data.

If the Buyer's request under Article 2.37 is found to be justified, the Seller or processor shall promptly remedy the situation. If the Seller or processor does not comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer's right to contact the Office for Personal Data Protection directly with their complaint.

The Buyer agrees to receiving information related to the Seller's goods, services, or business to the Buyer's electronic address and further agrees to receiving commercial communications from the Seller to the Buyer's electronic address.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

The Buyer agrees to receiving information related to the Seller's goods, services, or business to the Buyer's electronic address and further agrees to receiving commercial communications from the Seller to the Buyer's electronic address.

The Buyer agrees to the storage of cookies on their computer. In the event that a purchase on the website can be made and the Seller's obligations under the Purchase Agreement can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may withdraw the consent given in the previous sentence at any time.

DELIVERY

Notices regarding the relationship between the Seller and the Buyer, particularly regarding withdrawal from the Purchase Agreement, must be delivered by mail in the form of a registered letter unless otherwise stipulated in the Purchase Agreement. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery via mail, with the exception of a notice of withdrawal sent by the Buyer in which case the withdrawal is effective if the notice is sent within the withdrawal period.

A notice is also considered delivered if the receipt was refused by the addressee, the addressee did not collect the item during the storage period, or the item was returned as undeliverable.

The contracting parties may deliver regular correspondence to each other by electronic mail to the electronic mail address specified in the User Account or provided by the Buyer in the Order, respectively, to the address listed on the Seller's website.

FINAL PROVISIONS

If the relationship established by the Purchase Agreement 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.

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning as closely as possible approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

The attachment to the Terms and Conditions is a sample form for withdrawing from the Purchase Agreement.
 

These Terms and Conditions come into effect on May 25, 2023.