Terms and Conditions
TECHSEAL s.r.o.
se sídlem Praha 10 – Štěrboholy, Černokostelecká 128/61, PSČ 102 00
IČ: 27179320
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 102320
Binding version for download (PDF)
The binding version of these terms and conditions is the Czech original.
se sídlem Praha 10 – Štěrboholy, Černokostelecká 128/61, PSČ: 102 00 IČ: 27179320
The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 102320.
1. Introductory Provisions
1.1 These terms and conditions of TECHSEAL s.r.o., with its registered office at Praha 10 – Štěrboholy, Černokostelecká 128/61, PSČ: 102 00, company identification number 27179320, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 10320 (hereinafter the "seller" or "TECHSEAL"), govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the seller and the customer in accordance with zákon č. 89/2012 Sb., občanský zákoník (hereinafter the "OZ") and zákon č. 634/1992 Sb., o ochraně spotřebitele (hereinafter the "Consumer Protection Act"), or other legal regulations. In this regard, the customer is either (i) a consumer within the meaning of § 2 odst. 1 písm. a) zákona o ochraně spotřebitele (hereinafter the "consumer"); or (ii) an entrepreneur within the meaning of § 420 OZ or another person other than a consumer (both groups of customers hereinafter jointly referred to as the "buyer").
1.2 These terms and conditions govern the rights and obligations of the contracting parties in the sale of the seller's goods to the buyer through the seller's online store available at http://eshop.techseal.cz or https://kvalitnitesneni.cz/cs/ (hereinafter the "online store"). The terms and conditions shall also apply to the sale of goods by the seller to the buyer carried out by email or effected directly at the seller's point of sale at the address Černokostelecká 128/61, Praha 10 – Štěrboholy.
1.3 If the purchase contract stipulates rights and obligations of the contracting parties that differ from these terms and conditions, such arrangements shall prevail over the wording of these terms and conditions.
1.4 The terms and conditions form an integral part of the purchase contract between the seller and the buyer. The purchase contract and the terms and conditions are drawn up in the Czech language. By concluding the purchase contract, the buyer expresses agreement with these terms and conditions and confirms that it had the opportunity to acquaint itself with them sufficiently in advance of concluding the purchase contract and that it agrees with them.
1.5 The purchase contract is governed by the terms and conditions effective at the moment of conclusion of the purchase contract between the seller and the buyer.
2. User Account
2.1 On the basis of the buyer's registration, the buyer may create its own user account and order goods through it. The buyer may also order goods from the seller's offer without registration and without creating a user account.
2.2 When registering in the online store, as well as when purchasing goods without registration, the buyer is obliged to provide correct and truthful information. If the buyer is registered and uses its user account to order goods, it is obliged to update such information upon any change to the information required during registration. The information provided by the buyer in the user account and when ordering goods is deemed to be correct.
2.3 Access to the user account is secured by a username and password. The buyer is obliged to protect the information necessary to access its user account. The buyer is not entitled to permit the use of its user account by third parties. The buyer acknowledges that the seller shall not be liable for the buyer's breach of these obligations.
2.4 The seller is entitled to cancel the user account, in particular in cases where the buyer does not use the user account for a period longer than 24 months or where the buyer breaches its obligations under the purchase contract.
2.5 The buyer acknowledges that the user account may not be available continuously, in particular in cases of maintenance of the hardware or software equipment necessary for the operation of the online store.
3. Conclusion of the Purchase Contract
3.1 The web interface of the online store contains a list of goods offered by the seller for sale, including the indication of the prices of individual goods and a description of the main parameters of the goods offered. The prices of goods are stated inclusive of VAT. The offer to sell goods and the prices of the goods offered remain valid for the period during which they are displayed in the online store. The seller, however, reserves the right to make changes, whereby all offers to sell goods in the online store are non-binding and the seller is not obliged to conclude a purchase contract with respect to such goods. The provision of § 1732 odst. 2 občanského zákoníku shall thus not apply.
3.2 These terms and conditions do not exclude the possibility of concluding a purchase contract on terms that are agreed individually, e.g. by email.
3.3 The online store further contains information on the costs associated with the packaging and delivery of goods, which are borne by the buyer unless otherwise stipulated. This information is, however, valid only in cases of delivery of goods within the territory of the Czech Republic. In the event of a request for delivery abroad, the delivery price shall be agreed individually. Prices are stated inclusive of VAT.
3.4 Goods that the buyer intends to order in the online store are first placed by the buyer into the electronic shopping cart within the online store. To order goods, the buyer further completes the order form and confirms that it has acquainted itself with these terms and conditions. Completion of all conditions prescribed by the form is a condition of
the validity of the electronic order. The order form contains information on the goods ordered, information on the buyer and its contact details, and information on the address to which the goods are to be delivered. If this address differs from the buyer's contact details, the buyer has the option to provide a so-called billing address; information on the method of payment of the purchase price and its calculation, on the requested method of delivery of the goods, and on the costs associated with the delivery of the goods. The buyer is permitted to fill in a note in the order form, in which it may communicate to the seller further facts that it considers material.
3.5 Before submitting the order, the buyer is permitted to check the data entered, to change such data, and to correct any errors. The buyer is entitled and permitted to change such data. The buyer sends the order to the seller by clicking the "Confirm order" button. The data provided in the order are deemed by the seller to be correct.
3.6 An order placed in the online store constitutes a proposal to conclude a purchase contract. The purchase contract is concluded only upon confirmation of acceptance of the order by the seller, which shall be sent to the buyer by electronic mail to its address after receipt of the order.
3.7 In the event that the customer requests certain goods from the seller by email, the contracting parties shall first specify all necessary information about the order (in particular the specification of the goods, quantity, price of the goods and delivery, identification of the buyer, delivery and billing address, etc.). The customer confirms the final wording of the order to the seller. The purchase contract itself is concluded only at the moment of delivery of the order confirmation by the seller to the buyer's email.
3.8 In the case of the sale of goods through an authorized employee at the seller's brick-and-mortar store, the purchase contract is concluded at the moment the goods are paid for by the buyer, unless otherwise agreed.
3.9 The seller is also entitled to request the buyer to additionally confirm the order in an appropriate manner. If the buyer refuses to confirm the order in the requested manner, the order is deemed invalid. The seller shall use this option in particular in the case of the special nature of the order, e.g. as regards quantity, transport costs, etc. Confirmation may also be required of buyers to whom, in the past, ordered goods could not be delivered to the address provided by them.
3.10 A concluded purchase contract may be amended or cancelled only on the basis of an agreement of the contracting parties or on the basis of statutory grounds.
3.11 In the case of the sale of goods through the online store or by email, the seller further reserves the right, among other things, to cancel the order or part thereof, or to withdraw from the purchase contract if:
(i) the goods are no longer manufactured and/or supplied, as well as in the case of goods marked in the seller's online store with the term "currently unavailable" or "on request" or another marking of similar meaning;
(ii) a manifestly erroneous price is displayed for the goods in the seller's online store, whereby a manifestly incorrect price is deemed to be a price of goods that is conspicuously lower than the usual price and at the same time this price was not specially reduced by the seller through an announcement in the seller's promotional/discount materials;
(iii) there are reasonable doubts about the actual identity of the buyer and/or if the personal or other identification data of the buyer has been misused;
(iv) it comes to light that the buyer has previously materially (i.e. repeatedly and/or in a particularly serious manner) breached a concluded purchase contract with the seller (including these terms and conditions);
(v) the buyer (with the exception of a consumer) fails to collect the ordered goods even within a period of 10 working days from the dispatch of the relevant request by the seller to collect the goods.
In the event that the buyer, in the cases set out above, has already paid part of the purchase price or the entire purchase price, this amount shall be returned to it, no later than within 14 days after the seller's withdrawal from the purchase contract.
3.12 The buyer agrees to the use of means of distance communication when concluding the purchase contract through the online store or email. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of such a purchase contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the buyer itself.
3.13. The purchase contract, once confirmed as a contract concluded between the buyer and the seller, is archived for the purpose of its performance and further record-keeping, and its status is accessible to the buyer.
3.14. In the event that the seller, at the buyer's request, carries out partial modifications or alternative manufacture of certain goods (seals, tools and fixtures), it shall always proceed in accordance with the internal standard PON 401, the wording of which is available at: https://techseal.cz/wp-content/uploads/2023/10/PodVyrNormZakVyr401 2023 1.pdf.
4. Price of Goods and Payment Terms
4.1 The buyer shall pay the seller the price of the goods and other costs associated with the delivery of the goods under the purchase contract by one of the following payment methods: a) in cash at the store address Černokostelecká 128/161, 102 00 Praha 10 – Štěrboholy, b) by cashless payment via payment card, c) in cash or by payment card on cash-on-delivery at a place agreed by the contracting parties in the order, c) in advance by bank transfer to the seller's bank account.
4.2 Together with the purchase price, the buyer is obliged to also pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price hereinafter also means the costs associated with the delivery of the goods.
4.3 In the case of payment in cash or in the case of cash-on-delivery payment, the purchase price is payable upon receipt of the goods. The goods shall be released to the buyer only after their full payment, unless otherwise agreed.
4.4 The seller is entitled, in particular in the event that the buyer fails to provide additional confirmation of the order, to require payment of the entire purchase price before the goods are dispatched to the buyer.
4.5 In the case of payment for the goods by bank transfer (in advance) to the seller's account, the buyer is always obliged to pay the purchase price to the seller before the goods are dispatched.
5. Delivery Period, Transport and Delivery of Goods
5.1 The delivery period begins to run from the day of receipt of the binding order, provided that all documents and information necessary for the timely processing of the delivery are received. In the event that the chosen method of payment is payment by bank transfer (i.e. in advance) to the seller's account, the delivery period begins to run from the day on which the seller received the payment to its bank account.
5.2. In the event that the goods are in stock, the seller undertakes to dispatch them from the warehouse for personal collection or to arrange delivery to the buyer at the place agreed in the order, usually within 5 working days, but no later than within 30 days. The delivery period may be extended appropriately to the circumstances if the delay is caused by force majeure or by circumstances not attributable to the seller.
5.3. The availability of goods in stock is indicated in the web interface of the online store when ordering goods.
5.4. In the event that the goods are not in stock, the seller undertakes to dispatch them from the warehouse for personal collection or to arrange delivery to the buyer at the place agreed in the order, usually within 10 working days, but no later than within 120 days (in the case of a consumer, no later than within 30 days). If the seller is unable to meet this period for certain non-stock goods, it undertakes to contact the buyer without delay and to agree a new delivery date with it.
5.5. The buyer shall choose the method of delivery of the goods and the choice of carrier from the seller's offer, unless the parties agree otherwise in the purchase contract.
5.6. If the seller is to dispatch the item to the consumer, it is handed over to the consumer at the moment the carrier delivers it to the consumer or to a person designated by the consumer. In the event that the carrier is designated on the basis of the consumer's request, without such carrier having been offered to the consumer by the seller, the effects of handing over the goods to the consumer shall occur upon handover of the goods to the carrier. The consumer then bears the risk and any additional costs associated with this method of transport.
5.7. In the event that, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
5.8. If, under the purchase contract, the seller is obliged to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer fails to take over the goods upon delivery, the seller is entitled to claim the reasonably incurred costs associated with the storage of the item. Furthermore, the seller is in such a case entitled to withdraw from the contract.
5.9. Upon taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier thereof without delay. If a breach of the packaging is found that indicates unauthorized entry into the consignment, the buyer need not take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all conditions and requirements, and any complaint regarding a breach of the packaging of the consignment may subsequently be assessed as unjustified.
5.10. Documents pertaining to the goods, in particular the tax document, certificates and attestations, shall be handed over by the seller to the buyer immediately upon takeover of the goods, or in the event of a technical problem on the seller's side, no later than within two days of the buyer's takeover of the goods.
5.11. In the event that the buyer requests delivery of the goods to a state other than the Czech Republic, the transport price shall be agreed individually.
6. Liability for Defects and Quality upon Takeover
6.1 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 § 1914 až 1925, § 2099 až 2117 and § 2158 až 2174 OZ, and the Consumer Protection Act, as amended).
6.2 The seller is liable to the buyer that the goods are free of defects upon takeover. In particular, the seller is liable to the buyer that the goods: (i) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, (ii) are fit for the purpose for which the buyer requires them and with which the seller agreed, and (iii) are delivered with the agreed accessories and instructions for use, including instructions for assembly or installation.
6.3 The seller is liable to the buyer that, in addition to the agreed characteristics:
(i) the goods are fit for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, in the absence of technical standards,
(ii) the goods, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of items of the same type that the buyer may reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling, unless the seller was not aware of it or it was adjusted at the time of conclusion of the purchase contract in at least a comparable manner to that in which it was made, or that it could not have had an influence on the purchasing decision,
(iii) the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use, which the buyer may reasonably expect, and
(iv) the goods correspond in quality or workmanship to the sample or model that the seller provided to the buyer before the conclusion of the purchase contract. This provision of Article 6.3. shall not apply in the event that the seller specifically notified the buyer before the conclusion of the contract that a certain characteristic of the goods differs and the buyer expressly agreed to this upon conclusion of the contract.
6.4 In accordance with § 2165 odst. 1 OZ, the consumer may assert against the seller a defect that manifests itself in the goods no later than within two years of their takeover (in the case of the purchase of a used item, the parties may shorten this period to one year). If a defect manifests itself within one year of takeover, the goods and/or service are deemed to have been defective already upon takeover, unless the nature of the item or the defect precludes this. The above periods do not run for the period during which the consumer cannot use the item, in the event that it asserted the defect justifiably.
6.5 The seller is also liable to the buyer for a defect caused by incorrect assembly or installation that was, under the purchase contract, carried out by the seller or under its responsibility. This also applies in the event that the assembly or installation was carried out by the buyer and the defect arose as a result of a deficiency in the instructions provided for it by the seller or the provider of digital content or a digital content service, in the case of an item with digital features.
6.6 The seller is not liable for damage to the goods, and the consumer is not entitled to a right from defective performance, if the consumer itself caused the defect. Nor is wear and tear of the item caused by its usual use, or, in the case of a used item, wear and tear corresponding to the degree of its previous use, a defect of the item.
6.7 If the item has a defect, the consumer may request its removal, at its choice either by delivery of a new item without a defect or by repair of the item, unless the chosen method of removing the defect is impossible or, in comparison with the other method, disproportionately costly; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the consumer. The seller may refuse to remove the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect.
6.8 The seller shall remove the defect within a reasonable time after it has been asserted, so as not to cause the consumer significant difficulties (the nature of the item and the purpose for which the consumer purchased the item shall be taken into account). To remove the defect, the seller shall take over the item at its own expense. If the consumer fails to take over the item within a reasonable time after the seller notified it of the possibility of taking over the item after repair, the seller is entitled to a payment for storage (if its amount is not agreed by the parties, the usual amount is deemed agreed).
6.9 The consumer may request a reasonable discount (i.e. the difference between the value of the item without a defect and the defective item that the consumer received) or withdraw from the contract if:
(i) the seller refused to remove the defect or failed to remove it within a reasonable time after it was asserted and/or fails to take over the item to remove the defect at its own expense;
(ii) the defect manifests itself repeatedly (i.e. a third complaint for the same defect or a fourth for different defects);
(iii) the defect is a material breach of the contract (i.e. such a breach of the contract of which the party breaching the contract, already upon conclusion of the contract, knew or must have known that the other party would not have concluded the contract if it had foreseen this breach);
(iv) it is evident from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the consumer. 6.10. The consumer may not withdraw from the contract if the defect of the item is insignificant; however, the defect of the item is presumed not to be insignificant. If the consumer withdraws from the contract, the seller shall return the purchase price to the consumer without undue delay after it receives the item or after the consumer proves to it that it has dispatched the item.
6.11. For used goods sold, the seller is not liable for defects corresponding to the degree of prior use or wear and tear. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. Instead of the right to exchange, the buyer-consumer in these cases has the right to a reasonable discount.
6.12 The buyer-entrepreneur is entitled to assert a right from a defect that the item had upon the passage of the risk of damage to the buyer, even if it manifests itself only later. A right of the buyer-entrepreneur is also established by a defect arising later that the seller caused by breaching its obligation.
7. Complaints (Claims for Defects)
7.1.. Rights from a defect are asserted with the seller in person or by sending a written complaint to the address of its establishment at TECHSEAL s.r.o., Černokostelecká 128/61, 102 00 Praha 10 - Štěrboholy. The buyer is further obliged to provide the seller with its contact details (in particular in the case of a written complaint), a description of the defect, which right, or which method of handling the complaint, it has chosen.
7.2. The buyer is obliged to prove that it is entitled to assert the complaint, in particular to document the date of purchase, either by presenting the sales document, a confirmation of the seller's obligations from defective performance, a warranty certificate, or in another credible manner. The buyer is not entitled to assert a complaint regarding a defect that was already asserted in the past, if a reasonable discount from the purchase price was provided for it.
7.3. The seller ensures the presence of an employee authorized to handle complaints throughout the entire operating hours of the establishment. A complaint may also be asserted with the person designated for this purpose in the confirmation that the seller issued to the buyer, on the receipt or in the warranty certificate, if the designated person is at the seller's location or at a location closer to the buyer.
7.4. When asserting a complaint, the buyer is obliged to inform the seller which right (method of handling the complaint) it has chosen. A change of choice without the seller's consent is not possible. The goods should be packaged in suitable packaging during transport so as to prevent damage, and should be clean and complete. Special packaging of goods for transport, in particular by way of cleaning filling systems, filters, etc. (where this can be done without breaching protective elements), concerns goods that may leak, spill or otherwise mix different types of goods.
7.5. To remove the defect, the seller shall take over the item at its own expense. If this requires the disassembly of the item whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested itself, the seller shall carry out the disassembly of the defective item and the assembly of the repaired or new item, or shall pay the costs associated therewith.
7.6. The complaint, including the removal of the defect, must be handled and the consumer must be informed thereof no later than within 30 days from the day the complaint is asserted, unless the seller agrees with
the consumer on a longer period. After the futile expiry of this period, the consumer may withdraw from the contract or may request a reasonable discount.
7.7. In the event of the assertion of a right from defects by the buyer, the seller shall issue the buyer a written confirmation of when and where it asserted the right, what the content of the complaint is, the characteristics of the asserted defect and which method of handling the complaint the buyer requests; and at the same time the manner in which the buyer will be informed of its handling.
7.8. After handling the complaint, the seller is obliged to issue the consumer a confirmation of the date and manner of handling the complaint, including confirmation of the performance of the repair and its duration, or a written justification for the rejection of the complaint.
7.9. The buyer is obliged to collect the goods subject to the complaint within 30 days from the day on which the buyer was informed of the handling of the complaint; upon the futile expiry of this period, the seller is entitled to charge a reasonable storage fee or to sell the goods by self-help for the buyer's account. The seller must notify the buyer of this procedure in advance and provide it with a reasonable additional period to collect the goods.
7.10. If the complaint is recognized as justified, the buyer has the right to reimbursement of the reasonably incurred costs associated with the assertion of its right.
8. Withdrawal of the Consumer from the Contract
8.1 The consumer may withdraw from a contract concluded by distance means (remotely) within a period of 14 days. If the subject of the obligation is the purchase of goods, the period ends upon the expiry of fourteen days from the day on which the consumer or a third party designated by it, other than the carrier, takes over the goods, or
(i) the last piece of goods, if the consumer orders, within a single order, several pieces that are delivered separately, (ii) the last item or part of a delivery of goods consisting of several items or parts, or (iii) the first delivery of goods, if a regular repeated delivery of goods over an agreed period is agreed in the contract.
8.2 The stated period is intended to enable the consumer to acquaint itself, to a reasonable extent, with the nature, characteristics and functionality of the goods. If the returned goods are damaged by the consumer's breach of its obligations to handle the goods in a manner contrary to this paragraph, the seller is entitled to assert against the consumer a claim for compensation corresponding to the reduction in the value of the goods and to deduct it from the amount returned.
8.3 The consumer makes the withdrawal from the contract by an unambiguous declaration made vis-à-vis the seller. The consumer may send the withdrawal from the contract to the address of the seller's registered office, or do so in person at the store address TECHSEAL s.r.o., Černokostelecká 128/61, 102 00 Praha 10 – Štěrboholy. The consumer need not state the reason for which it is withdrawing from the contract; however, to facilitate communication, it is advisable to state in the withdrawal the date of purchase or the contract/order number, the bank details and the method of returning the goods.
8.4 If the consumer withdraws from the contract, it shall send or hand over to the seller, without undue delay and no later than within fourteen days of withdrawal from the contract, the goods it received from it, unless the seller offered to collect the goods itself. The period is observed if the consumer dispatches the goods before its expiry. The goods should be returned to the seller (not on cash-on-delivery) complete, preferably in the original packaging, and must not show signs of wear or damage.
8.5 The seller is obliged to return to the consumer all funds, including delivery costs, that it received from it on the basis of the contract, without undue delay and no later than within 14 days of withdrawal from the contract, by the same means. The seller shall return the received funds to the consumer by another means only if the consumer agreed to it and provided that no additional costs arise to the consumer thereby.
8.6 In the case of the consumer's withdrawal from the contract within the period of 14 days, the consumer bears the costs associated with returning the goods to the seller.
8.7 The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to it or proves that it has dispatched the goods to the seller.
8.8 The consumer may not withdraw from the contract in the cases specified in § 1837 OZ, according to which the consumer, among other things, may not withdraw from a contract:
(i) for the provision of services, if they have been provided in full; in the case of performance for consideration, only if it commenced with the prior express consent of the consumer before the expiry of the period for withdrawal from the contract and the entrepreneur instructed the consumer before the conclusion of the contract that, by providing the performance, the right to withdraw from the contract is extinguished;
(ii) for the delivery of goods or a service whose price depends on fluctuations in the financial market independent of the entrepreneur's will and which may occur during the period for withdrawal from the contract,
(iii) for the delivery of goods manufactured according to the consumer's requirements or adapted to its personal needs,
(iv) for the delivery of goods that are subject to rapid spoilage, or goods with a short shelf life, as well as goods that, after delivery, due to their nature, were irreversibly mixed with other goods,
(v) for urgent repair or maintenance that is to be carried out at a place designated by the consumer at its express request; this, however, does not apply to the performance of repairs other than those requested or to the delivery of goods other than the spare parts necessary to carry out the repair or maintenance,
(vi) for the delivery of goods in sealed packaging that, for reasons of health protection or for hygienic reasons, are not suitable for return after the consumer has breached it,
9. Out-of-Court Resolution of Consumer Disputes
9.1 The consumer acknowledges that, in accordance with the Consumer Protection Act, every consumer has the right to the out-of-court resolution of a consumer dispute arising from the purchase contract.
9.2 The entity authorized to carry out the out-of-court resolution of disputes in these cases is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles proposals for the out-of-court resolution of
consumer disputes in the manner and under the conditions laid down by the relevant legal regulations. Further information is available on the website www.coi.cz.
9.3 Alternative dispute resolution may also be initiated through the ODR platform available on the website ec.europa.eu/consumers/odr/.
10. Protection of Personal Data
The seller's information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR Regulation"), relating to the processing of the buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public-law obligations, is fulfilled by the seller through a separate document - Information on the Processing of Personal Data, which is available to the buyer at www.techseal.cz.
11. Service of Documents, Contact Details
11.1 Unless otherwise agreed, all correspondence related to the purchase contract may be served on the buyer at its email address stated in its user account or in the order. Ordinary correspondence may be served on the seller at the email
address info@techseal.cz.
11.2 In the case of service of documents between the participants, the seller's registered office and the buyer's addresses stated in the order are deemed the addresses for service. Written communication between the seller and the buyer may also take place through a data box.
11.3 The telephone contact for the seller is +420 270 003 620.
12. Final Provisions
12.1. If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning most closely approximates the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
12.2 The seller is released from liability for partial or total non-performance of contractual obligations or the obligation to compensate for damage if this occurred as a result of force majeure. For the purposes of this contract, force majeure is deemed to be all facts that the seller could not foresee at the time of conclusion of the contract, that arose independently of its will, and that it could not avert even with the exertion of reasonable effort and financial means. Force majeure is deemed to include, in particular, war,
hostile military actions, terrorist attacks, uprisings, civil unrest, rebellions, embargoes, declaration of a state of emergency, restrictions on the movement of persons, the presence of ionizing or radioactive radiation, breach of obligations by a subcontractor, quarantines, epidemics, fires, explosions, windstorms, floods, earthquakes and other natural disasters or acts of nature.
12.3. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out, within the scope of its competence, by the relevant trade licensing authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to the defined extent, among other things, supervision over compliance with the Consumer Protection Act and the OZ.
12.4. The seller reserves the right to amend and supplement these terms and conditions at its own discretion. Changes or supplements to these terms and conditions shall not apply to orders placed before the day of effectiveness of such change or supplement.
12.5. These terms and conditions are governed by the Civil Code (OZ) and form an inseparable part of every contract concluded between the seller and the buyer concerning goods purchased by the buyer from the seller. The application of any other commercial, purchasing or other terms and conditions issued by the buyer or another third party to this contractual relationship between the seller and the buyer in connection with the purchase of goods from the seller is excluded.
12.6 Relations and any further disputes that arise on the basis of the contract shall be resolved exclusively under the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, in accordance with Article 6 of that Convention.
These terms and conditions enter into force and effect on 16.11. 2023.