Certifikované obchodní podmínky dTest

General Terms ans Conditions

These terms and conditions apply to purchases in the online store www.cobishop.cz. The conditions specify the rights and obligations of the seller and the buyer in more detail.

 

 

 

 

Definition

These terms and conditions are intended exclusively for the online sale of goods to consumer buyers.

Buyers:

For the purposes of these terms and conditions, the buyer is a consumer, which is a person who, unlike the seller, does not act within the scope of his business activity or within the scope of his independent exercise of his profession (hereinafter referred to as the "buyer").

Seller:

For the purposes of these Terms and Conditions, the Seller is an entrepreneur who, unlike the Buyer, is acting within the scope of his/her business activity or within the scope of independent exercise of his/her profession (hereinafter referred to as the "Seller") when concluding and performing the Contract.

OZ:

Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "the CC").

 

Contact details

Name of the e-shop: www.cobishop.cz

Operator: Ondřej Vašťák

Headquarters: U Potoka 1185, 686 03 Staré Město, The Czech Republic

IČ: 06355421

DIČ: CZ7405224607

Natural person doing business registered in the Trade Register at the Municipal Office of Uherské Hradiště.

Phone number: +420 608 414 154

Email: obchod@cobishop.cz

ID DS: ysa5grq

Contact address: U Potoka 1185, 686 03 Staré Město, The Czech Republic

List of establishments: náměstí Hrdinů 109, 686 03 Staré Město, The Czech Republic

Opening hours of the e-shop: Mon - Fri 9:00 - 19:00, SAT 10:40 - 13:00

Operating hours of the delivery point: Mon - Fri 9 - 17, Sat by phone agreement

Code of Conduct: The Seller is not bound by any codes of conduct in relation to the Buyers within the meaning of Section 1820(1)(n). of the Civil Code.

After-sales service: the seller provides spare parts.

 

Information

Information about the goods purchased is available for each individual item. The information about the goods and the price quoted by the seller is binding except in the case of obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery costs.

The cost of using remote means of communication is no different from the basic rate paid by the buyer for the use of such means.

Information about the accepted payment methods by the seller is listed HERE.

The seller does not require any fees depending on the payment method, except for the time of payment.

Acceptance of an offer with an amendment or deviation is not acceptance of the offer.

Confirmation of the content of a contract concluded in a form other than in writing which deviates from the actual agreed content of the contract shall have no legal effect.

Acceptance of the unsolicited performance by the buyer does not constitute acceptance of the offer.

If the Seller provides access to reviews of the goods sold by other buyers, then it ensures and checks the authenticity of such reviews by linking the buyers' reviews to specific orders, thus being able to verify and prove that the review comes from a real buyer. The Seller will inform the Buyer of the specific method of verification of the reviews on its e-shop pages.

The photographs on the shop's website correspond to the goods sold.

 

Ordering and delivery of goods

The purchase contract between the buyer and the seller can only be concluded in the Czech language.

To conclude a contract, the buyer needs to create an order on the seller's e-shop. This can be created as follows:

After selecting the goods on the Seller's e-shop, where the legal information about the goods to be purchased is provided, the Buyer shall mark the relevant goods he/she is interested in with the button "Add to cart"). Information about the price of the goods, the price and method of transport and the method of payment will be provided in the process of creating the order, where the Buyer will choose the method and price of transport and the method of payment. The total price will be indicated in the summary before the order is sent according to the selected goods, their delivery and payment method.

In the order process, the buyer shall provide his/her identification and contact details.

The order can be changed, supplemented and checked until its completion. After checking, confirming that you have read and agreed to these terms and conditions, you can complete the order by pressing the "Order with payment obligation" button.

By completing the order, the buyer expressly undertakes to pay for the goods by means of a binding order confirmation.

The Seller shall confirm the order to the Buyer by e-mail as soon as possible after it is delivered to the Seller. This order confirmation shall be accompanied by a summary of the order and these terms and conditions as in force on the date of the order, which shall form an integral part of the purchase contract.

The Seller shall issue a confirmation of the concluded contract in text form to the Buyer within a reasonable time after its conclusion, but no later than at the time of delivery of the goods.

If this is necessary in view of the nature of the goods sold, the manner and duration of their use, the seller is obliged to ensure that this information is contained in the enclosed written instructions and that they are comprehensible. In such a case, the seller shall provide the buyer with the instructions for the goods on a durable medium. The seller shall provide the buyer with the instructions in paper form if the buyer so requests and if this is not unreasonable in view of the circumstances or the manner of conclusion of the contract or the characteristics of the goods sold.

The Seller shall send the complete goods to the Buyer without undue delay, no later than 10 days from the order confirmation, in order to deliver the goods to the Buyer within 30 days at the latest, unless a different delivery period is specified for individual goods. If the goods are listed as "in stock", the Seller shall dispatch the goods within two working days at the latest. In the case of payment in advance, the goods will be dispatched only after payment has been credited to the Seller's account.

The buyer is obliged to accept and pay for the goods. The buyer is advised to check the goods as soon as possible upon receipt.

The Seller shall send the documents for the goods, in particular the tax document, confirmations and certificates, to the Buyer immediately upon receipt of the goods, but no later than within two days of receipt of the goods by the Buyer.

Price and delivery method HERE.

If the seller fails to meet the deadline for delivery or dispatch of the goods, the buyer will be given a discount of 5% of the price of the next purchase. The buyer's other claims are not affected.

The ownership of the goods passes to the buyer upon receipt and payment of the total price of the goods. In case of payment by bank transfer, the total price is paid by crediting the seller's account, in other cases it is paid at the moment of payment.

The risk of damage to the goods passes to the buyer at the time of acceptance of the goods. In the event of non-acceptance of the goods by the buyer, except for refusal upon acceptance due to obvious damage to the goods, the risk of damage to the goods passes to the buyer at the moment when he had the opportunity to accept them, but for reasons on the buyer's side the acceptance did not take place.

If the buyer fails to take over the goods within the agreed time by violating his obligation, he is obliged to pay the seller a storage fee for each day of delay in the amount of CZK 10, but not more than CZK 300, the seller is entitled to sell the goods in a suitable manner after he has notified the buyer by e-mail and provided him with a new reasonable period for taking over. The Seller shall be entitled to set off the costs of storage and the costs of unsuccessful delivery of the goods due to lack of cooperation on the part of the Buyer in the amount necessary against the proceeds of the sale.

In the event that the Buyer does not take delivery of the goods, the Seller is entitled to request re-delivery of the goods at the request of the Buyer to claim compensation for the costs of such re-delivery and at the same time, if the method of payment is chosen upon receipt or upon further order made by the Buyer on this e-shop, to require such Buyer to pay in advance.

 

Order cancellation and withdrawal from the contract

The Buyer may withdraw from the Contract by any unequivocal statement made to the Seller within 21 days of taking delivery of the Goods or the last item of Goods (if more than one item of Goods is delivered under a single order which are delivered separately), an item or part of a delivery of Goods (if the Goods are made up of several items or parts), or the first delivery of regularly or repeatedly delivered Goods, irrespective of the method of taking delivery of the Goods or making payment. That period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.

The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.

The buyer shall send or deliver the withdrawal from the contract to the seller within 21 days. The buyer does not have to state the reason for which he withdraws from the contract. To facilitate communication, it is advisable to include the date of purchase or contract/sales receipt number, bank account and the chosen method of return in the withdrawal.

The Seller is obliged to return to the Buyer the amount fully corresponding to the price of the goods and the costs paid for their delivery without undue delay, no later than within 14 days of withdrawal from the contract, in the same way as the payment was received from the Buyer. If the seller offers several options within a certain delivery method, he is obliged to compensate the buyer for the cheapest of them. If the goods have been delivered to the buyer by the seller free of charge, the buyer is not entitled to reimbursement of postage. The buyer is obliged to send or hand over the purchased goods to the seller within the same time limit at the latest; this does not apply if the seller has offered to collect the goods himself. The goods should be returned to the seller (not on delivery) complete, preferably in their original packaging. The buyer is liable for any depreciation in the value of the goods as a result of handling the goods other than that necessary to familiarise himself with the nature, characteristics and functionality of the goods. The costs of returning the goods shall be borne by the buyer.

The Seller shall not be obliged to return the funds received to the Buyer before receiving the goods or before the Buyer proves that he has sent the goods to the Seller.

If there is a decrease in the value of the returned goods as a result of handling the goods in a way other than what is necessary to familiarize yourself with the nature, properties and functionality of the goods, the seller is entitled to claim compensation for the decrease in the value of the goods against the buyer and count it against the returned amount .

Exceptions:

The buyer cannot withdraw in the cases listed in the provisions of § 1837 CC, the right to withdraw from the contract cannot be exercised in particular for contracts:

  • for the delivery of digital content that is not delivered on a tangible medium, after the performance has begun, in the case of performance for consideration, if it has begun with the prior express consent of the buyer before the expiry of the withdrawal period and the buyer has been instructed that the right of withdrawal ceases thereby and the seller has provided him with confirmation in accordance with the law;

  • on the provision of services, if they have been provided in full, in the case of performance for consideration, only if the performance has begun with the prior express consent of the buyer before the expiry of the withdrawal period and the entrepreneur has instructed the buyer prior to the conclusion of the contract that the provision of the performance terminates the right to withdraw from the contract;

  • for the supply of services or goods, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period;
  • for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract with the proviso that delivery can only be made after 30 days and the actual value of which depends on market fluctuations independent of the will of the seller;
  • for the delivery of goods made to the buyer's requirements or tailored to his personal needs;
  • for the supply of perishable or short-life goods;
  • for the delivery of goods which, by their nature, have been irretrievably mixed with other goods after delivery;
  • for the delivery of goods in sealed packaging which, for health or hygiene reasons, is not suitable for return after the buyer has broken it;
  • for the delivery of audio or visual recordings or computer programs in sealed packaging if the buyer has breached it;
  • for the supply of newspapers, magazines or periodicals, excluding subscription contracts for their supply.

A sample withdrawal form is available HERE.

The Seller is entitled to withdraw from the contract at any time prior to delivery of the goods if he is objectively unable to deliver the goods to the Buyer within a reasonable period of time due to reasons on the part of third parties and/or if it becomes apparent that the Buyer has breached a previously concluded contract with the Seller.

The seller also warns the buyer that the contract is not concluded if there are justified doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or the price.

If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract under this point of the Terms and Conditions, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

 

Rights and obligations arising from defective performance

Quality on receipt

If the goods have defects upon receipt (e.g. does not correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed characteristics, is not suitable for the purpose for which the buyer requires it and to which the seller has agreed, is not delivered with the agreed accessories, instructions for use including assembly or installation instructions; it is not fit for the usual or agreed purpose; it does not correspond to the usual characteristics of goods of the same kind in quantity, quality, durability, functionality, compatibility and safety which the buyer can reasonably expect, even taking into account public statements made by the seller or by another person in the same contractual chain, in particular advertising or labelling; it is not complete, i.e. (e.g. not supplied with accessories including packaging, assembly instructions or other instructions that the buyer could reasonably expect or other legal, contractual or even pre-contractual parameters), these are defects in the goods for which the seller is liable.

Liability for defects in goods referred to in § 2161 par. 2 of the General Terms and Conditions shall not apply if the seller has separately notified the buyer before concluding the contract that some property of the item is different and the buyer has expressly agreed to this at the time of concluding the contract.

The buyer may complain to the seller about the defect within two years of receipt of the goods at the latest and claim the right to have the defect remedied free of charge according to his request either by repair or by delivery of a new item without defects, unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have had without the defect and whether it can be remedied by the other method without significant difficulties for the buyer.

The Seller may refuse to remove the defect (by repairing or delivering a new item) if it is impossible or unreasonably costly to do so, especially in view of the significance of the defect and the value the item would have without the defect. In such a case, if the buyer has rightfully pointed out the defect, the buyer has the right to demand a discount on the purchase price or, if the defect is not insignificant, the right to withdraw from the contract.

 

When buying a used item, the seller may shorten the time limit for exercising the right of defective performance to up to one year from acceptance.

Within one year of receipt of the goods, it is presumed that the defect already existed when the goods were received, unless the nature of the goods or the defect precludes this. This period does not run for the time during which the buyer cannot use the goods, if he has rightly pointed out the defect.

Rights from defective performance do not belong to the buyer if he himself caused the defect. The defect of the thing is not the wear and tear of the thing due to its usual use.

In the case of used goods sold, the seller is not liable for defects in the goods corresponding to the degree of previous use or wear and tear.

The seller is liable for defects within the period of use stated in the advertisement, on the packaging of the goods or in the enclosed instructions.

The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation which was carried out by or under the responsibility of the Seller in accordance with the Contract. This also applies if the assembly or installation was carried out by the buyer and the defect is due to a deficiency in the instructions provided by the seller or by the provider of the digital content or digital content service, if the item has digital characteristics.

If the object of the purchase is an item with digital properties, the seller shall ensure that the agreed updates of the digital content or digital content service are provided to the buyer and that, in addition to the agreed updates, the buyer is provided with the updates that are necessary for the item to retain its properties after acceptance in accordance with § 2161 CC (quality on acceptance), and shall be notified of their availability for a period of two years if the digital content or digital content service is to be provided continuously for a certain period of time under the contract, and, if provision for a period of more than two years is agreed, for the entire period of time, and/or for as long as the buyer can reasonably expect, if the digital content or digital content service is to be provided on a one-off basis under the contract.

This does not apply if the Seller has specifically notified the Buyer prior to the conclusion of the contract that updates will not be provided and the Buyer has expressly agreed to this when concluding the contract.

If the buyer fails to update within a reasonable time, he has no rights from the defect that arose only as a result of the failure to update. This does not apply if the buyer was not warned about the update or the consequences of not updating or did not update or did not update correctly due to a defect in the instructions.

If, under the contract, the digital content or digital content service is to be provided continuously for a certain period of time and if a defect manifests itself or occurs within that period of time, the digital content or digital content service is deemed to be defective.

If the defect occurs repeatedly or if the defect is significant, the buyer may exercise the right to a reasonable discount on the purchase price or withdraw from the contract. However, the buyer cannot withdraw from the contract if the defect is insignificant. Further grounds for exercising the right to a reasonable discount on the purchase price or withdrawal from the contract are set out in clause 6 Handling of complaints.

For the selected goods, the seller undertakes to provide the buyer with a contractual guarantee of 24 months in addition to the liability for defects upon acceptance of the goods. In the case of a contractual guarantee, the Seller shall issue the Buyer with a quality guarantee certificate (warranty certificate) in text form pursuant to § 2174a CC no later than upon receipt of the goods.

If the seller warrants that the item will retain its functions and performance under normal use for a certain period of time, the buyer is at least entitled under the warranty to have a new item delivered without defects or to have the item repaired. The indication of the guarantee period or the period of use of the thing on the packaging of the thing shall also have these effects.

 

Complaint handling

The buyer should file a claim with the seller or the person designated to repair the defect without undue delay after the defect is discovered. When making a claim, the Buyer shall provide his/her contact details, a description of the defect and a request for how the claim should be handled.

Download the form HERE.

If the Seller has an establishment, then the Seller shall ensure the presence of a complaint handler at the establishment at all times during business hours.

The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for the settlement of the claim starts from the moment of the claim (notification). The Buyer shall hand over or deliver the goods to the Seller or to the place designated for repair at the same time or after the claim has been made. The goods should be packed in suitable packaging to prevent damage and should be clean and complete when transported.

The Seller shall issue a written confirmation to the Buyer when the Buyer makes a claim, stating the date on which the Buyer made the claim, what is the content of the claim, what method of handling the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the handling of the claim. This obligation also applies to other persons designated to carry out the repair.

The Seller shall remedy the defect within a reasonable time after the defect has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The Seller shall settle the complaint, including the removal of the defect, and shall inform the Buyer of the settlement of the complaint to the contact details provided no later than 20 days after the complaint has been made, unless a longer period is agreed in writing with the Buyer. If the Seller fails to settle the complaint within the said time limit, including notifying the Buyer of the settlement of the complaint, the Buyer shall have the right to withdraw from the contract or demand a reasonable discount after the expiry of this time limit.

If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.

If the seller refuses to remove a defect in the item and/or fails to remove it in accordance with § 2170 (1) and (2) CC, and/or it is evident from the seller's statement or the circumstances that the defect will not be removed within a reasonable time or without considerable difficulty for the buyer, the buyer may demand a reasonable price reduction or withdraw from the contract. However, the buyer may not withdraw from the contract if the defect is insignificant; the defect shall be deemed not to be insignificant.

The period for exercising the right of defective performance is extended by the period during which the buyer could not use the goods in the case of a justified claim.

In the case of a legitimate claim, the buyer is entitled to compensation for the costs reasonably incurred.

The seller issues a confirmation to the buyer of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

 

Personal data protection

The Seller is the controller of the personal data provided for the purpose of fulfilling the subject of the contract.

Identification and contact details of the administrator

Name and surname: Ondřej Vašťák

Headquarters: U Potoka 1185, 686 03, Staré Město, The Czech Republic

IČ: 06355421

DIČ: CZ7405224607

Phone number: +420 608 414 154

E-mail: obchod@cobishop.cz

Contact address: náměstí Hrdinů 109, 686 03, Staré Město, The Czech Republic

Purpose of processing, scope of personal data and legal basis for processing

The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (processing of the order, ensuring the removal and delivery of the goods) and the possible resolution of rights arising from defective performance (complaints), the Administrator will process and store, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number.

The legal basis for the processing of personal data in accordance with Article 6(1)(b) GDPR is the performance of a contract to which the purchaser is a party.

Categories of recipients/recipients of personal data

The Controller undertakes not to disclose the Buyer's personal data to entities other than the following processors/controllers:

a) to the contractual carrier chosen by the buyer in the order form for the purpose of delivery of goods, the list of carriers is available HERE, and the data will be provided in the following scope: name, surname, address, e-mail, telephone number;

b)

to the operator of the Heureka.cz portal for the purpose of generating and sending purchase satisfaction questionnaires within the framework of the Verified by Customers programme, in which the online shop is involved. The legal basis for the processing in this case is the legitimate interest of the controller in accordance with Article 6(1)(f) GDPR, which consists in determining the buyer's satisfaction with the purchase from the controller. The sending of questionnaires concerns all buyers who have not refused the sending of commercial communications within the meaning of Section 7(3) of the Act on Certain Information Society Services (No. 480/2004 Coll.) and is carried out after each purchase on the online shop. The operator of the Heureka.cz portal is entitled to use the submitted e-mail address solely for the purpose of generating and sending a satisfaction questionnaire within the meaning of the Terms and Conditions of the Verified by Customers program available HERE. The buyer may object to the sending of e-mail questionnaires within the framework of the Verified by Customers programme at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In the event of an objection, the questionnaire will no longer be sent to the buyer.

c)the operator of the zbozi.cz portal, which is Seznam.cz, a.s., for the purpose of generating and sending customer satisfaction questionnaires. The legal basis for processing in this case is the legitimate interest of the controller in accordance with Article 6(1)(f) GDPR, which consists in determining the satisfaction of the buyer with the purchase from the controller. The sending of questionnaires concerns all buyers who have not refused the sending of commercial communications within the meaning of Section 7(3) of the Act on Certain Information Society Services (No. 480/2004 Coll.) and is carried out after each purchase on the online shop. The operator of the zbozi.cz portal is entitled to use the provided e-mail address solely for the purpose of generating and sending a satisfaction questionnaire within the meaning of the Terms and Conditions available HERE. The buyer may object to the sending of e-mail questionnaires at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In the event of an objection, the questionnaire will no longer be sent to the Buyer.

d) to the credit card issuer in the case of payment by credit card, for the purpose of a possible TRA (Transaction Risk Analysis) exception to allow for a simpler purchase process and because of the legitimate interest of the seller in processing the transaction, whereby the data may be provided in the following scope: name, surname, email, telephone number, billing address, delivery address.

Storage time

The personal data will be stored by the controller for the period necessary for the performance of the contract (processing of the order, removal and delivery of the goods) and for the period of the statutory warranty (24 months from receipt of the goods) or for the period of the contractual warranty.

The buyer acknowledges that the administrator is obliged to keep the accounting documents and accounting records (invoices) for a period of 5 years starting from the end of the accounting period to which they relate (i.e. if you purchase goods during 2023, the invoice must be kept until the end of 2028). The administrator is also obliged under Article 47 of the Tax Administration Act (No 337/1992 Coll.) to keep the invoice for 3 years from the end of the tax year in which the tax liability related to the invoice arose (i.e. if you purchase goods during 2023, the invoice must be kept for tax proceedings until the end of 2026). The invoice contains the following personal data: name, surname and address.

In case the seller is a VAT payer, the buyer also acknowledges that the administrator is obliged under Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) to keep tax documents for 10 years from the end of the tax period in which the transaction took place (i.e., in case of purchase of goods during 2023, the invoice must be kept until the end of 2033). The tax document contains the following personal data: name, surname and address.

Buyer's rights in relation to personal data

The Buyer further acknowledges that under Articles 15 to 21 of the GDPR, the Buyer has the right to:

a) the right of access to personal data, which consists of the right to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed and, if so, the right to obtain access to those personal data and to the information defined in Article 15 of the GDPR;

b) to rectify inaccurate personal data concerning him/her, furthermore, taking into account the purposes of the processing, the purchaser has the right to complete incomplete personal data, including by providing an additional declaration pursuant to Article 16 GDPR;

c) the right to erasure ("right to be forgotten"), which consists in the controller deleting without undue delay the personal data concerning the purchaser as soon as they are no longer necessary for the purposes of the performance of the contract, unless there is another lawful reason for their further processing;

d) to limit the processing of personal data in cases defined by Article 18 GDPR;

e)to data portability under the terms of Article 20 of the GDPR;

f) object to the processing of personal data in accordance with Article 21 of the GDPR.

Upon request, the administrator shall provide the purchaser with information on the measures taken in each case within 20 days of receipt of the request.

In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and to file a complaint with it.

The Seller will allow purchases without registration, while the data of unregistered buyers will be used exclusively for the performance of the subject of the contract, not for marketing or business purposes.

 

Dispute Resolution

Disputes between the seller and the buyer are resolved by the general courts.

According to the Consumer Protection Act (No. 634/1992 Coll.), the buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.

The out-of-court settlement of a consumer dispute is initiated exclusively at the request of the buyer, and only if the dispute has not been resolved directly with the seller. The application may be filed no later than 1 year from the date on which the buyer first asserted the right that is the subject of the dispute with the seller.

The Buyer has the right to initiate an out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.

The buyer may also contact dTest, o.p.s. for advice on his/her consumer rights via www.dtest.cz/poradna or on the phone +420 299 149 009.

The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses. Out-of-court settlement of disputes can also be made through the YourComplaints.cz service on the website www.vasestiznosti.cz.

This procedure is neither mediation under the Mediation Act (No. 202/2012 Coll.) nor arbitration under the Arbitration and Enforcement of Arbitral Awards Act (No. 216/1994 Coll.) and its use does not affect the parties' right to take their claim to the Czech Trade Inspection Authority or to court.

During the out-of-court settlement negotiations, the limitation and prescription periods under the Civil Code shall not run or begin to run unless one of the parties to the dispute expressly refuses to continue the negotiations.

Supervision of compliance with the obligations under the Consumer Protection Act (No. 634/1992 Coll.) is carried out by the Czech Trade Inspection Authority (www.coi.cz).

Handling of buyers' complaints is handled by the Seller via the electronic address info@cobishop.cz. The Seller sends information about the handling of the complaint to the Buyer's electronic address.

 

Other

Take-back of electrical equipment and other products

If the Seller sells goods that are subject to take-back of electrical equipment and other products, then the following applies:

The Seller ensures the take-back of electrical equipment from households and the separate collection of electrical waste, batteries and accumulators in accordance with the relevant legislation.

The buyer is entitled to surrender the old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at the seller's premises. The Buyer is also entitled to return the electrical equipment, electrical waste or batteries or accumulators to the collection points designated for the collection of the said waste in the respective municipality.

The Seller also arranges for the take-back of electrical equipment from households free of charge directly in the household if the buyer orders goods of a similar type and use. The take-back applies to electrical equipment in the number corresponding to the ordered goods.

Electrical equipment, e-waste, batteries and accumulators must not be disposed of with mixed waste, but must be disposed of in designated places, i.e. collection yards or take-back points, such as those listed above. The equipment and waste in question will be further used to produce new equipment. Hazardous and harmful substances from such equipment and waste may harm the environment or human health.

Final provisions

Other matters not mentioned herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.

The contract and related issues are governed by Czech law.

Changes to the terms and conditions in a form other than mutually agreed in writing are excluded. The Purchase Contract including the terms and conditions is archived by the Seller in electronic form without the possibility of access by the Buyer. However, the Buyer shall receive all documents required by law to be in text form by e-mail, whereby the Buyer shall have permanent access to the unchanged documents. We recommend that you save these documents, in particular the order form and terms and conditions, for later use.

These terms and conditions are effective from 25.10.2024.

These terms and conditions have been developed by dTest, o.p.s. exclusively for the online sale of goods to consumers. By adopting them, the seller has voluntarily entered into the system of "improving the quality of commercial terms and conditions", the aim of which is to make the commercial terms and conditions clearer and simpler, to improve the relationship between the consumer and the entrepreneur and to clearly guarantee the commercial terms and conditions for the buyer - the consumer. In case of questions about these terms and conditions or in case of dissatisfaction with the operator's conduct, you can contact us by phone on the dTest advice line: 299 149 009, electronically by submitting a question to www.dtest.cz/spotrebitelska-poradna or in writing to dTest, o.p.s., Černomořská 419/10, 101 00 Prague 10, the Czech Republic.

In case of contradictions or ambiguities in the wording of these terms and conditions, the version in the Czech language takes precedence.


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