General Terms and Conditions online shop shop.johnsmith.cz

 

 These terms and conditions apply to purchases in the online shop shop.johnsmith.cz.

The Terms and Conditions specify the rights and obligations of the Seller and the Buyer

and are intended exclusively for the online sale of goods.

 

By making a purchase at shop.johnsmith.cz you enter into a Purchase Agreement.

These General Terms and Conditions (hereinafter referred to as "GTC") set out the contents of this contract.

 

Consent to Terms and Conditions

 By creating and submitting an order (by clicking on the "Order with payment obligation" button)

these GTC become binding on you, see Section 2.1.7.

Complaints Policy, Privacy Policy, Shipping and Payment Methods and more.

 

Contents of the GTC

1. Basic information
1.1 Basic definitions
1.1.1 Buyer
1.1.2 Seller
1.1.3 Price
1.1.4 Price for transport
1.1.5 Total price
1.1.6 VAT
1.1.7 Invoice
1.1.8 Order
1.1.9 User account
1.1.10 Goods    
1.1.11 E-shop    
1.1.12 B2B  
 1.2 Contact details
1.2.1 Legal information about the company    
1.2.2 Shop / brick-and-mortar store    
1.2.3 Online shop  
 1.3 Company logo
1.3.1 Basic logos used    
1.4 User account
1.4.1 Registration and login    
1.4.2 Buyer details    
1.4.3 Account access    
1.4.4 Account security    
 2.    Process of purchasing goods    
2.1 Purchase via the E-shop
2.1.1 Technical Information about the goods    
2.1.2 Cart    
2.1.3 Favourites    
2.1.4 Information from the buyer    
2.1.5 E-shop prices    
2.1.6 Delivery costs    
2.1.7 Order confirmation    
2.1.8 Changes to the order after completion of the order (conclusion of the purchase contract)    
2.1.9 Payment for the order  
 2.2 Discount codes
2.2.1 Discount vouchers / gift cards    
2.2.2 Discount coupons    
3.    Ordering and delivery of goods    
3.1 Purchase contract
3.1.1 Contract conclusion    
3.1.2 Procedure for concluding the Purchase Agreement   
 3.2 Delivery of Goods
3.2.1 Title to the Goods    
3.2.2 Failure of the Buyer to take delivery of the Goods    
3.3 Cancellation of the Order and withdrawal from the Contract
3.3.1 Cancellation of the Contract by the Buyer    
3.3.2 Refund of money to the Buyer after cancellation of the Purchase Contract    
3.3.3 Withdrawal from the Contract by the   
4.    Rights and obligations arising from defective performance    
4.1 Quality of the Goods
4.1.1 Quality of the Goods on receipt    
4.1.2 Notice of Defect in the Goods    
4.1.3 The Seller's rights and obligations on notice of a Defect in the Goods    
4.1.4 Goods with digital properties    
4.1.5 Repeated/Substantial Defect    
4.1.6 Warranty for Goods beyond the scope of liability  
 5. Complaints Procedure    
5.1 General provisions
5.1.1 Return of Goods within 14 days without giving any reason    
5.1.2 Costs incurred in returning the Goods    
5.2 Length of warranty period
5.3 Warranty terms and conditions
5.3.1 Invalidity or termination of warranty    
5.4 Complaint procedure
5.4.1 Making a claim    
5.4.2 Proof of purchase of Goods from the Seller    
5.4.3 Written acknowledgement of receipt of the Goods for claim    
5.4.4 Written confirmation of the claim    
5.4.5 Rectification of the defect in the claim    
6.    Protection of personal data    
6.1 Management of personal data
6.1.1 Data controller    
6.1.2 Purpose of processing, scope of personal data and legal basis for processing    
6.1.3 Categories of recipients/recipients of personal data    
6.1.4 Duration of storage of personal data    
6.1.5 VAT payers    
6.1.6 Purchaser's rights in relation to personal data    
6.1.7 Cookies    
7.    Dispute resolution    
7.1 Mutual disputes
7.1.1 Disputes between the Seller and the Buyer    
8.    Other    
8.1 Take-back
8.1.1 Return of electrical equipment and other Goods    
8.2 Final provisions    
8.2.1 Matters not specified in the GTC    
8.2.2 Changes to the Terms and Conditions    

 

 

 

1.    Basic information

1.1 Basic definitions

1.1.1 Buyer

For the purposes of these Terms and Conditions, the Buyer is a consumer, which is a business or non-business customer (hereinafter referred to as the "Buyer") who has confirmed and sent a binding order within the E-shop or B2B.

1.1.2 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.

1.1.3 Price

The price is the amount of money the Buyer will pay for the Goods.

1.1.4 Transport price

The price for shipping is the amount of money you will pay for delivery of the Goods, including the cost of packing them.

1.1.5 Total price

The total price is the sum of the Prices for the Goods, shipping and payment.

1.1.6 VAT

VAT is a value added tax according to the applicable legislation.

1.1.7 Invoice

The invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price.

1.1.8 Order

The Order is a binding proposal for the conclusion of a Contract for the purchase of Goods between the Buyer and the Seller.

1.1.9 User account

A user account is an account established on the basis of the data provided by you, which enables the storage of the data entered and the storage of the history of ordered Goods and concluded Contracts, or other information about your activities on the E-shop;

1.1.10 Goods

 Goods means everything you can buy on the E-shop.

1.1.11 E-shop

Internet shop set up to sell Goods with retail prices (MOC).

1.1.12 B2B

Internet shop set up to sell Goods with wholesale prices (VOC).

1.2 Contact details

1.2.1 Legal information about the company

          -Name: Mr.Handy s.r.o.

          Headquarters-: Jurečkova 643/20, Moravská Ostrava, 702 00 Ostrava

          ID-: 19365233

          DIC-: CZ19365233

          -Phone: +420 778 781 837

          -E-mail: objednavky@johnsmith.cz, info@johnsmith.cz

1.2.2 Operating room

Jurečkova 643/20, Moravská Ostrava, 702 00 Ostrava

Opening hours of the brick-and-mortar shop: Monday to Friday, 9:00 a.m. to 4:00 p.m.

1.2.3 Internet shop

Mr.Handy E-shop website shop.johnsmith.cz

Operating hours are 24 hrs/day.

In the event of an information system failure or force majeure (e.g. power failure), Mr.Handy s.r.o. shall not be liable for failure to keep the online shop open.

1.3 Company logo

1.3.1 Basic logos used

From the basic three logos are derived colour versions that the Buyer can encounter, for example, in promotional materials or marketing campaigns. The logos are the property of Mr.Handy s.r.o.

1.4 User account

1.4.1 Registration and login

The buyer can access their user account for registration and subsequent login.

1.4.2 Information about the buyer

When registering a User Account, it is obligatory to always provide correct and truthful information and to update it in the event of a change.

1.4.3 Account access

The user account may not be available around the clock, especially with regard to necessary hardware and software maintenance.

1.4.4 Account Security

Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access details and not to provide these details to anyone. The Seller shall not be liable in the event of misuse.

The user account is personal, and the seller is therefore not entitled to allow third parties to use it.

2.    The process of purchasing goods

2.1 Purchase via the E-shop

2.1.1 Technical Information about the goods

Technical 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 for obvious error.

2.1.2 Basket

As part of his/her purchase, the Buyer places the selected Goods in the Basket via the "Buy" button (first step of the order processing: "1. Basket"), where he/she can then view all his/her selected Goods without obligation.

The Buyer can use the Basket tab to insert a Discount Code, see GTC Clause 2.4.

2.1.3 Favourites

The Buyer has the possibility to store the Goods in the "Favourites" tab without obligation.

2.1.4 Information from the Buyer

In the order process, the buyer provides his/her identification and contact details, namely Basic Contact /Billing Address/ Delivery Address (second step of order processing "2. Billing and Delivery")

The Buyer is obliged to provide the Seller with all information correctly and truthfully.

The information provided by the Buyer in the Order will be considered by the Seller as correct and true.

2.1.5 E-shop prices

Prices on the E-shop are presented including VAT.)

The price information provided by the Seller is binding except for obvious error. The Seller reserves the right, in exceptional cases, to cancel the order created in the event of an error in the price of the goods on the e-shop.

After the buyer logs in the E-shop, previously acquired discounts are deducted from the prices.

Without the buyer's login in the E-shop, prices are displayed without discounts and benefits.

2.1.6 Delivery costs

The cost of delivery is determined by selecting the type of transport (e.g. shipping company/ personal collection in store) and selecting the type of payment (e.g. Cash on delivery/ online card payment/ bank transfer), in the third step of the basket: '3. Shipping and payment".

Shipping prices are available at shop.johnsmith.cz.

2.1.7 Order confirmation

In the last fourth step: '4. Order Summary', before the binding confirmation of the order, the Buyer has the opportunity to check all the entered data and the selected Goods.

The order can be changed, supplemented and checked until its completion.

By clicking the Buyer's "Order with payment obligation" button and checking the "I agree to the terms and conditions" box, the Buyer submits his/her order and confirms that he/she understands the Seller's terms and conditions and expressly undertakes to pay.

The Seller will confirm the order to the Buyer via E-mail as soon as possible after it is delivered to the Seller. This order confirmation will be accompanied by a summary of the order and a link to these terms and conditions.

2.1.8 Changes to the order after completion of the order (conclusion of the purchase contract)

Changing the order is possible only after mutual agreement between the Seller and the Buyer, or under the conditions provided by law or these terms and conditions.

If necessary, the Buyer shall contact the Sales Department (https://www.johnsmith/kontakty) or inform himself about his options via E-mail objednavky@johnsmith.cz.

Cancellation of the Order or withdrawal from the Contract is governed by GTC Clause 3.3.

2.1.9 Payment for the order

The Buyer may pay the price of the goods and any delivery costs (GTC Clause 2.1.6) to the Seller in the manner selected in step "3. Shipping and payment":

a)        Payment in cash or by credit card upon personal collection at a brick-and-mortar shop

In the case of personal collection, i.e. delivery or collection of the goods in a brick-and-mortar establishment (branch), the buyer shall pay the purchase price of the goods upon receipt of the goods in the brick-and-mortar establishment (branch), in cash or by credit card without additional delivery costs.

b)       Payment by card online

When paying by card online, the buyer will be redirected to the payment gateway in the order and follow the displayed instructions. For payment by card, the terms and conditions set by the buyer's respective bank apply. By selecting this payment option, the Buyer is not charged additional payment costs.

c)        Cash on delivery:

The buyer may choose to pay for the goods "on delivery", in which case the buyer pays the purchase price at the place of delivery of the goods specified in the order by the carrier, in the manner according to the terms of the relevant carrier. By choosing this payment option, the Buyer is charged additional costs for payment.

d)       Bank transfer

The Buyer shall pay for the Order by transferring the amount to the Seller's account. The delivery time is then based on the credit of the amount to be paid to the Seller's account.

2.2 Discount codes

2.2.1 Discount vouchers/gift cards

The discount voucher code is entered by the buyer in the first step of the order.

The discount voucher/gift card discount is stated in "CZK" and deducted from the total price of the order.

Discount vouchers can be redeemed without or after logging into the E-shop.

2.2.2 Discount coupons

The discount coupon code is entered by the buyer in the first step of the order.

The discount coupon discount is stated in "%" and deducted from the total order price.

Discount coupons can be redeemed without or after logging into the E-shop.

3.    Ordering and delivery of goods

3.1 Purchase contract

3.1.1 Conclusion of the contract

The Purchase Contract between the Buyer and the Seller can only be concluded in the Czech language.

To conclude the Purchase Contract, the Buyer needs to create an order on the Seller's E-shop (see also GTC Point 2.1.7 and 3.1.2).

3.1.2 Procedure for concluding the Purchase Agreement

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 is interested in by clicking on the "Add to Cart" button). 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 chooses the method and price of transport and the method of payment (see GTC Clause 2.1.6). The total price will be indicated in the summary before the order is sent according to the chosen goods, their delivery and payment method.

In the order process, the buyer provides his/her identification and contact details (see GTC Clause 2.1.4)

The order can be changed, supplemented and checked until its completion. After checking, confirming familiarity and agreeing to these Terms and Conditions, the order can be completed by pressing the "Order with payment obligation" button (see GTC Clause 2.1.7).

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 the Buyer with a confirmation of the concluded contract in text form 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 digitally. The seller shall provide the buyer with 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 15 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, confirmation 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.

3.2 Delivery of Goods

3.2.1 Title to the Goods

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.

3.2.2 Failure of the Buyer to accept the Goods

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 shall pass to the buyer at the moment when he had the opportunity to accept the goods, but for reasons on the buyer's side the acceptance did not take place.

If the buyer fails to take delivery of the goods within the agreed time by breaching his obligation, he is obliged to pay the seller the price for transport. The Seller shall then refund the price for the Goods to the Buyer's account.

The Seller shall be entitled, after giving the Buyer demonstrable notice by e-mail and a new reasonable period of time for acceptance, and the Buyer still fails to take delivery of the goods, to sell the goods in a suitable manner. The Seller shall be entitled to recover the costs of delivery of the goods due to lack of cooperation on the part of the Buyer in the amount of the shipping costs from the Buyer.

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.

3.3 Cancellation of the Order and withdrawal from the Contract

3.3.1 Withdrawal from the Contract by the Buyer

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

The Buyer shall have the right to withdraw from the contract without any penalty and without giving any reason within 14 days of receipt of the goods, by written (E-mail) declaration made to the Seller within 14 days of receipt of the goods or receipt of the last piece of goods (if there are several pieces of goods delivered separately in one order), receipt of an item or part of a delivery of goods (if the goods are several items or parts), or receipt of the first delivery of regularly or repeatedly delivered goods, regardless of the method of receipt of the goods or payment. That period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.

A sample withdrawal form is available at johnsmith.

3.3.2 Refund of money to the Buyer after withdrawal from the Purchase Contract

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 diminution in the value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods. The costs of returning the goods shall be borne by the buyer.

The Seller is not obliged to return the received funds to the Buyer before receiving the goods.

If the value of the returned goods is reduced as a result of handling the goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the goods, the seller is entitled to claim compensation for the reduction in value of the goods against the buyer and deduct it from the amount returned.

3.3.3 Withdrawal from the Contract by the Seller

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 the goods are provided to the Buyer in the form of a "gift" together with the goods, the Buyer is obliged to return the provided "gift" together with the goods to the Seller when withdrawing from the purchase contract.

4.    Rights and obligations arising from defective performance

4.1 Quality of Goods

4.1.1 Quality of Goods 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.

The liability for defects in the goods referred to in Section 2161(2) CC does not apply if the seller has specifically warned the buyer prior to the conclusion of the contract that a certain characteristic of the goods differs and the buyer has agreed to this in writing when concluding the contract.

 4.1.2 Notice of Defect in the Goods

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.

4.1.3 Rights and obligations of the Seller upon notification of a Defect in the Goods

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 complained about the defect.

The buyer is not entitled to rights from defective performance if he himself caused the defect. A defect in the goods is not wear and tear caused by normal 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.

4.1.4 Goods with 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 advised 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 period of time, the buyer shall not have any rights from a defect that has arisen solely 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.

4.1.5 Repeated/substantial defect

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.

4.1.6 Warranty for Goods beyond liability

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 item on the packaging of the item shall also have these effects.

5.    Complaints Procedure

5.1 General provisions

The Buyer is obliged to familiarize himself with the Complaints Procedure and the General Terms and Conditions before ordering the goods.

The Complaints Procedure describes the procedure for making a complaint about goods purchased from the seller.

By concluding the purchase contract and accepting the goods from the seller, the buyer agrees to this Complaints Procedure.

The warranty for goods sold through this online shop is governed by and complies with applicable legislation. The manufacturer's warranty conditions form an integral part of the warranty conditions. Acceptance of the claim is conditional on the proof of purchase of the claimed goods in the online store, which is evidenced by a tax document - invoice and a duly completed warranty card.

5.1.1 Return of Goods within 14 days without giving a reason

In the case of goods purchased through the online store, the customer is entitled to return the goods within 14 days of delivery without giving any reason. The place of claim is the address of the operator's registered office. The goods must not be damaged or otherwise degraded in any way and must not show any signs of use. The goods must be packed in their original packaging (including all accessories and documentation) and sent to the customer's address no later than the 14th day after the date of delivery. Upon delivery and inspection of the goods, the customer will be sent the amount corresponding to the purchase price paid for the goods to the account number specified by the customer, or in cash by postal order or otherwise as mutually agreed.

5.1.2 Costs incurred in returning the Goods

The costs of returning the goods after withdrawal from the contract or in the event of a complaint shall be borne by the buyer, unless both parties agree otherwise.

5.2 Length of the warranty period

The warranty period starts on the date of receipt of the goods by the Buyer, i.e. the date indicated on the warranty certificate.

The statutory warranty period for the sale of consumer goods is 24 months, unless a longer period is provided for in a special legal regulation. Exceptions may be made for goods sold at a discount (damaged, used, incomplete, etc. - this characteristic is always indicated on the goods - if not, the goods are deemed to be new, undamaged and complete). If the goods are second-hand, the Seller shall not be liable for defects corresponding to the degree of use or wear and tear the goods had when taken over by the Buyer, and the rights of liability for defects in the goods shall lapse if not asserted within 12 months from the date of takeover by the Buyer. This period shall be indicated by the Seller in the document of sale of the item and sufficiently prominently in the goods offered and in the order confirmation. In the case of items sold at a lower price due to defects or incompleteness, the guarantee does not apply to defects for which the lower price was agreed.

The seller may extend this statutory period. The length of the warranty period is always indicated on the warranty card (in the warranty column). The warranty period consists of the statutory period (24 months) and any extended warranty period. The warranty period is further extended by the period during which the goods have been in complaint. Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

In the case of an extended time limit, the complaint shall be governed exclusively by this Complaints Procedure.

5.3 Warranty Terms

The buyer is advised to check the condition of the shipment with the carrier immediately upon delivery (number of packages, intactness of the tape with the company logo, damage to the box) according to the enclosed delivery note. The buyer is entitled to refuse to accept a shipment that does not conform to the purchase contract, on the grounds that the shipment is incomplete or damaged, for example. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.

Incomplete or damaged shipment must be immediately reported by e-mail to: reklamace@johnsmith.cz, a damage report must be drawn up with the carrier and sent to the seller by e-mail or by post without undue delay. Additional claims of incompleteness or external damage to the shipment do not deprive the Buyer of the right to claim the item, but give the Seller the opportunity to prove that there is no conflict with the purchase contract.

The place to file a claim is Mr. Handy s.r.o., Jurečkova 20, 702 00 Ostrava. The buyer can also claim the goods at the seller's branches where the goods were purchased (however, we recommend the above address to speed up the claim). If, however, the warranty card of the goods indicates an authorized service center that is in the location of the seller or in a location closer to the buyer, the Buyer shall exercise the right in the authorized service center.

The buyer can send the defective goods for complaint by shipping service to the address of the seller's premises or authorized service. Claimed goods should be thoroughly secured so that they are not damaged during transport, the package should be visibly marked "CLAIM" and contain: the claimed goods (including complete accessories), we recommend attaching a copy of the purchase receipt and writing out the Claim Form (GTC Clause 5.4.1), which is available for download, with a detailed description of the defect and sufficient contact details of the Buyer (especially return address and telephone number). Without the above, it is impossible to identify the origin and the defect of the goods.

The buyer - entrepreneur, shall prove the validity of the warranty by presenting the purchase receipt, if the goods have been claimed in the past, he/she shall also present the proof of claim. The purchase document (purchase or claim document) must bear the same serial number as the product being claimed (if the product has a serial number).

5.3.1 Invalidity or termination of warranty

In the following cases, the warranty may not be valid:

       -The information on the warranty card differs from the information on the machine's label.

       -The product cannot be identified from the warranty card.

       -The product has been used in violation of the instructions for use, or has been used for purposes or under conditions other than those normally encountered.

       -tampering with the product, including modifications made by anyone other than an authorized service center (e.g., replacement or modification of power cords).

       -The product has been mechanically damaged - e.g. by a fall or impact.

       -Damage to the product has been caused by external influences such as pollution, unsuitable environment or force majeure.

       -Damage to the product caused by the user, e.g. use of unsuitable accessories, overloading, or neglect of care or routine maintenance of the product.

       -If the machine has been used after the fault has manifested itself.

The warranty does not cover wear and tear caused by normal use of the machine and normal maintenance of the product (e.g. replacement of grease, carbons, seals, etc.).

The machine must be submitted for warranty repair in a clean condition. Cleaning of the machine is not covered by the repair and is therefore not included in the scope of work for warranty repair.If the machine is soiled, the distributor reserves the right to invoice for the work associated with cleaning the machine. If the machine is soiled, the distributor reserves the right to invoice for the work involved in cleaning the machine.

Service goes out to machines over 400 kg in weight. Up to 400 kg of weight it is necessary to send the machine to the service centre for diagnostics after agreement with the complaints department.

5.4 Complaint handling procedure

5.4.1 Making a claim

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.

Complaint form download

The Buyer also has the option of resolving the complaint directly with the Seller at the Seller's premises during the opening hours of the Seller's premises (during business hours). The Seller shall ensure the presence of the employee in charge of handling complaints at all times.

5.4.2 Proof of purchase of Goods from the Seller

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.

5.4.3 Written confirmation of receipt of goods for claim

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.

5.4.4 Written confirmation of the claim

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.

5.4.5 Rectification of a defect in a claim

The Seller shall remedy the defect within a reasonable time after it 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 30 days from its application, 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 cannot withdraw from the contract if the defect is 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 shall issue the Buyer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

6.    Personal Data Protection

6.1 Management of personal data

6.1.1 Personal data controller

The controller of the personal data provided for the purpose of fulfilling the subject of the contract is the Seller (for contact details, see GTC Clause 1.2).

6.1.2 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.

6.1.3 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:

a.       to the contracted carrier selected by the buyer in the order form for the purpose of delivery of the goods. The list of carriers is available at www.johnsmith.cz payment, and the following information will be provided: 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 program, in which the online store 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 programme available here: heurekashopping.cz/for-business-partners/podminky-pouzivani. The buyer may object to the sending of email questionnaires under the Verified by Customers program at any time by rejecting further questionnaires using the link in the email with the questionnaire. In the event of an objection, the questionnaire will no longer be sent to the buyer.

6.1.4 Storage period of personal data

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 has an obligation under Section 31 of the Accounting Act (No. 593/1991 Coll.) to keep 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 2025, the invoice must be kept until the end of 2030). The administrator also has an obligation under Section 47 of the Tax Administration Act (No. 337/1992 Coll.) to keep the invoice for a period of 3 years from the end of the tax period in which the tax liability related to the invoice arose (i.e. if you purchase goods during 2025, the invoice must be kept until the end of 2028 for the purposes of the tax procedure). The invoice contains the following personal data: name, surname and address.

6.1.5 VAT payers

The buyer also acknowledges that the administrator is obliged, according to 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. if you purchase goods during 2025, the invoice must be kept until the end of 2035). The tax document contains the following personal data: name, surname and address.

6.1.6 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:

         -to 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 such personal data and to the information defined in Article 15 of the GDPR;

         -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;

         -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;

         -to restrict the processing of personal data in the cases defined in Article 18 of the GDPR;

         -on data portability under the terms of Article 20 of the GDPR;

         -to object to the processing of personal data pursuant to Article 21 of the GDPR.

         -The administrator shall provide the purchaser, upon request, with information on the measures taken, in any 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.

6.1.7 Cookies

An overview of the use of cookies can be found at www.johnsmith.cz

7.    Dispute Resolution

7.1 Mutual disputes

7.1.1 Disputes between the Seller and the Buyer

Mutual 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 dispute arising from a consumer contract. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available HERE: 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 out-of-court dispute resolution online via the ODR platform available HERE: ec.europa.eu/consumers/odr/.

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

8.    Other

8.1 Take-back

8.1.1 Return of electrical equipment and other Goods

If the Seller sells goods that are subject to the 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 at designated sites, 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.

8.2 Final Provisions

8.2.1 Matters not specified in the GTC

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.

8.2.2 Changes to the Terms and Conditions

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.