Terms and conditions

I. General Provisions

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") by:

 

Contact details:

(hereinafter referred to as the "Seller")

2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase agreement outside their business activity as a consumer within the meaning of Section 2 para.1 letter a) of Act No. 634/1992 Coll., on Consumer Protection, or as a natural or legal person who enters into a purchase agreement as part of their business (both jointly referred to as the "Buyer") through a web interface located on the website available at https://www.mamedoma.cz ( hereinafter referred to as the "Online Shop").
3. The provisions contained in the Terms and Conditions constitute an integral part of the purchase agreement. Any deviating provisions in the purchase agreement shall prevail over the provisions of these terms and conditions.

4. These Terms and Conditions and the Purchase Agreement are concluded in the English language.

II. Information about goods and prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is included in the description of specific goods in the catalogue of the Online Shop. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods if, by their nature, these goods cannot be returned by the usual postal route. The prices of the goods remain valid for the time they are displayed on the Online Shop. This provision does not preclude the negotiation of a purchase agreement on individually agreed terms.
2. All presentations of the goods in the catalogue of the Online Shop is of an informative nature and the Seller is not obliged to enter into a purchase agreement regarding these goods.
3. Information about the costs associated with the packaging and delivery of goods is published in the online shop. Information about the costs associated with the packaging and delivery of goods listed on the Online Shop applies only in cases where the goods are delivered within the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.

III. Orders and entering into a purchase agreement

The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs shall not differ from the basic rate.

1. The Buyer orders the goods in the following ways:

• through his/her customer account, if he/she has previously registered in the Online Shop
• filling out the order form without registration

3. When placing an order, the Buyer selects the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the "ORDER with obligation to pay" button. The information stated in the order is deemed correct by the Seller. The condition for the validity of the order is to fill in all the mandatory information in the order form and the Buyer's confirmation that he/she has read these terms and conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer when placing the order. This confirmation is considered to be the conclusion of the Purchase Agreement.
6. If any of the requirements specified in the order cannot be met by the Seller, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is in this case concluded by the Buyer's confirmation of receipt of this offer by the Seller to its e-mail address specified in these Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer is notified of the acceptance of the order by the Seller. The Buyer may cancel the order by calling the telephone number or in writing to the Seller's e-mail address specified in these Terms and Conditions.
8. If there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this clearly incorrect price. The Seller informs the Buyer about the error without undue delay and sends the Buyer an amended offer to his/her e-mail address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is in this case concluded by a confirmation of receipt of the offer by the Buyer to the Seller's email address.

IV. Customer account

1. Based on the Buyer's registration made in the Online Shop, the Buyer can access his customer account. From his customer account, the Buyer can order goods. The Buyer may also order goods without registration.
2. When registering for a customer account and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information stated in their User Account in the event of any change. The information stated by the Buyer in their User Account and in the course of ordering products shall be deemed correct by the Seller.
3. Access to customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account. The Seller is not responsible for any possible misuse of the customer account by third parties.
4. The Buyer is not authorised to permit the use of a User Account by third parties.

5. The Seller may cancel the user account, especially if the Buyer does not use their user account for a longer period of time, or if the Buyer breaches their obligations under the Purchase Agreement and these Terms and Conditions.
6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.

V. Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of goods according to the purchase agreement may be paid by the Buyer to the Seller in the following ways:

• by bank transfer to the Seller's bank account No.: 673541223/0100, kept at Komerční banka, a.s.;
• by credit card;
• by bank transfer to the Seller's account via the Comgate payment gateway;
• in cash or by credit card when picking up in person at the premises.

2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods as agreed. Unless stated otherwise, the purchase price shall further include the costs associated with the shipping of goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price shall be payable within 10 days of entering into the Purchase Agreement
4. In the case of payment through the payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
5. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the Seller's account.
6. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before shipment is not a deposit.
7. The goods are delivered to the Buyer:

• to the address specified by the Buyer in the order;
• through the consignment dispenser to the address of the dispenser designated by the Buyer;
• personal collection at the Seller's premises.

8. The choice of the delivery method is made during the ordering of the goods.
9. The cost of delivery of the goods depends on the method of shipment and receipt of the goods, and is stated in the Buyers order and in the order confirmation. If the mode of transport is agreed upon based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
10. If the Seller is obliged under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the order, the Buyer is under an obligation to receive the goods upon such delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to meet the costs associated with the repeated delivery of the goods, and/or the costs associated with the other means of delivery.
11. Upon receipt of the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of these defects without undue delay. If the packaging is damaged, indicating unauthorised opening of the package, the Buyer is not required to accept the package from the carrier.

12. The Seller shall issue a tax document – invoice, to the Buyer. The tax document is sent to the Buyer's e-mail address; in the case of personal collection of goods at the premises, the tax document may be handed over to the Buyer in paper form together with the goods collected.
13. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in violation of the Purchase Agreement.

VI. Withdrawal from the Agreement

1. The Buyer who has concluded a Purchase Agreement outside his/her business activity as a consumer has the right to withdraw from the Purchase Agreement.
2. The withdrawal period is 14 days

• from the date of receipt of the goods;
• from the date of receipt of the last delivery of goods, if the subject of the agreement is several types of goods or delivery of several parts;
• from the date of receipt of the first delivery of goods, if the subject of the agreement is a regular repeated delivery of goods.

3. The Buyer may not, inter alia, withdraw from the Purchase Agreement: 

• on the provision of services, if they have been fully provided; in the case of performance for remuneration, only if it began with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller instructed the Buyer before the conclusion of the agreement that the right to withdraw from the agreement expires with the provision of performance;
• on the price of the delivery of goods or services, whose price is dependent on financial market deviations, irrespective of the will of the Seller, which may occur during the withdrawal period,
• on the delivery of alcoholic beverages, whose price was agreed at the time of the conclusion of the agreement, provided that delivery can only be made after thirty days and the actual value of which depends on market fluctuations independent of the will of the Seller;
• on the delivery of goods manufactured according to the Buyer's requirements or adapted to his/her personal needs;
• on the delivery of perishable goods or goods with a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature;
• on the delivery of an audio or video recording or a computer program in a sealed package, if the Buyer has damaged it;
• on the supply of newspapers, periodicals or magazines, with the exception of subscription s for their supply;
• on the delivery of digital content that is not delivered on a tangible medium, after the performance has begun, in the case of performance for renumeration, if it began with the prior express consent of the Buyer before the expiry of the withdrawal period, the Buyer was instructed that the right to withdraw from the agreement expires, and the Seller provided him with a confirmation according to Section 1824a para. 1 and 2 or Section 1828 par. 3 and 4 of the Civil Code;
• on the delivery of goods in sealed packaging, which for reasons of health protection or hygiene are not suitable for return after the Buyer has damaged it;
• on urgent repair or maintenance to be carried out at a place designated by the Buyer at its express request; however, this shall not apply to the performance of repairs other than those requested or the supply of goods other than spare parts necessary to perform the repair or maintenance;
• in other cases referred to in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
5. The Buyer may withdraw from the agreement by any unequivocal statement made to the Seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer in writing without delay.
6. The Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the agreement with the Seller. If the Buyer withdraws from the Purchase Agreement, the cost of returning the product(s) to the Seller shall be covered by the Buyer, even if the nature of the product(s) means that they cannot be returned by the normal postal route.
7. If the Buyer withdraws from the contract, the Seller shall return to him without delay, but no later than 14 days from the withdrawal from the agreement, all funds, including delivery costs, received from him in the same way. The Seller shall return the received funds to the Buyer in another way only if the Buyer agrees to it and if it does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest method of delivery of the goods offered by the Seller, the Seller shall reimburse the Buyer for the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.
9. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods back to the Seller.
10. The goods must be returned by the Buyer to the Seller undamaged, unworn and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally settle a claim for damages against the Buyer's claim for the return of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Agreement due to the item being out of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the agreement within 14 days of notification of withdrawal from the Purchase Agreement, in the same manner or in a manner determined by the Buyer.

VII. Assertion of rights derived from defective performance

1. If the Buyer is a consumer, the following provisions of this Article of the Terms and Conditions shall apply to him/her.The Seller is responsible for ensuring that goods are free of defects. In particular, the Seller shall be responsible for the goods by ensuring they

• correspond with the agreed description, type and quantity as well as quality, functionality, compatibility, inter-operability and other agreed characteristics;
• are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed; and
• are supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

2. The Seller shall be responsible that in addition to the agreed features

• in the absence of technical standards the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the sector in question;
• the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the Buyer may reasonably expect, including in the light of public statements made by the Seller or by another person in the same contractual chain, in particular in the form of advertising or labelling;
• the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use, which the Buyer may reasonably expect; and
• the item corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer prior to entering into the agreement.

3. The Seller is not bound by a public statement pursuant to Section 2161 par. 2 (b) of the Civil Code, if he proves that he was not aware of it or that it was modified at least in a comparable way at the time of concluding the agreement, or that it could not have influenced the purchase decision. The provisions of Section 2161 par. 2 of the Civil Code shall not apply if the Seller specifically pointed out to the Buyer before concluding the agreement that any property of the item is different and the Buyer expressly agreed to this when concluding the agreement.
4. If a defect in goods purchased by the Buyer becomes apparent within one year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect excludes this. This period does not run for the time during which the Buyer is unable to use the goods if the Buyer has rightfully raised a complaint about the defect.
5. The Buyer may complain of a defect which becomes apparent in the goods within two years of receipt.

6. If the subject of the purchase is an item with digital properties and if, according to the agreement, the digital content or digital content service is to be provided continuously for a certain period of time, the Buyer may claim a defect that occurs or becomes apparent within two years of receipt. If it is to be performed for a period longer than two years, the Buyer has the right to claim a defect that occurs or becomes apparent at that time.
7. The court will grant the right to the defect even if it has not been reproached without undue delay after the Buyer could have detected it with sufficient care.
8. If the Buyer has rightly accused the Seller of a defect, the period under paragraphs 5 and 6 shall not run for the period during which the Buyer cannot use the item.
9. The right from defective performance does not belong to the Buyer if he caused the defect himself.
10. The defect of the item is not the wear and tear of the item caused by its usual use or the wear and tear of the used item corresponding to the degree of its previous use.
11. When purchasing a used item, the parties may shorten the period according to para. 5 up to one year.
12. If the item has a defect, the Buyer may request its removal. The Buyer may, at their discretion, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have had without the defect and whether the defect can be removed by another means without significant difficulty for the Buyer.
13. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having to take into account the significance of the defect and the value which the goods would have had without the defect.
14. The provisions of Sections 1923, 2106 and 2107 of the Civil Code on rights from defective performance shall not apply.
15. The Seller shall remove the defect within a reasonable time after notification so as not to cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased the item.
16. To remove the defect, the Seller shall receive the item at its own expense. If it is required to disassemble the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall disassemble the defective item and assemble the repaired or new item or pay the costs associated with it.
17. If the Buyer does not accept the item within a reasonable time after the Seller has notified him of the possibility of receiving the item after repair, Section 2159 par. 3 of the Civil Code apply.
18. The Buyer may request a reasonable discount or withdraw from the Agreement if

• the Buyer refused to remove the defect or did not remove it in accordance with § 2170 par. 1 and 2 of the Civil Code;
• the defect manifests itself repeatedly;
• the defect is a substantial breach of agreement; or
• it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

19. A reasonable discount shall be determined as the difference between the value of the goods without defect and the defective item received by the Buyer.
20. The Buyer may not withdraw from the agreement if the defect of the item is insignificant; it is considered that the defect is not insignificant. The provisions of Sections 2110 and 2111 of the Civil Code shall not apply.
21. If the Buyer withdraws from the agreement, the Seller shall return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves to him/her that he has sent the item.
22. The other rights and obligations of the contracting parties with regard to rights arising from defective goods are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection apply.

VIII. Complaints

1. The Seller is obliged to accept the claim at any establishment where the claim can be accepted, including, at its registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer as to when the Buyer exercised the right, what is the content of the complaint, what method of settlement of the complaint the Buyer requires and the contact details of the consumer for the purpose of providing information on the settlement of the complaint, as well as a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
2. The complaint, including the removal of the defect, must be settled and the Buyer must be informed of this within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. The lapse of this period is considered a material breach of the contract and the Buyer has the right to withdraw from the purchase agreement. The moment of making a claim is considered to be the moment when Buyers expresses his/her will (exercising the right of defective service) to the Seller.
3. The consumer is obliged to provide the required necessary cooperation to settle the complaint, in particular to allow the claimed product to be checked.
4. The Seller shall inform the Buyer in writing of the result of the complaint.
5. The Buyer does not have the right from defective performance if the Buyer knew before the receipt of the item that the item was defective or if the Buyer himself caused the defect.
6. In the event of a legitimate claim, the Buyer is entitled to compensation for reasonable costs incurred in connection with the claim. This right may be exercised by the Buyer at the Seller within one month after the expiry of the warranty period.

IX. Delivery

1. The Parties may deliver all written correspondence to each other by e-mail.
2. The Buyer shall deliver the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in their customer account or in the order.

X. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Praha 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is the competent authority for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase agreement.
2. European Consumer Centre Czech Republic, with registered office at Gorazdova 1969/24, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
3. The Seller is authorised to sell goods on the basis of a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final provisions

1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 para. 1 e) of the Civil Code.
3. All rights to the Seller's website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is not permitted to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors arising as a result of interference by third parties with the Online Shop or as a result of its use contrary to its intended use. As our customer, you are not entitled to use practices that could have a negative impact on the operation of the Online Shop and you must not perform any activity that could allow you or third parties to interfere with or make unauthorised use of the software or other components of the Online Shop and use it or parts of it or the software in a way that would be contrary to its purpose or intent.
5. The Buyer hereby accepts the risk of a change in circumstances in the sense of Section 1765 para. (2) of the Civil Code.
6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.

8. A model withdrawal form is attached to the Terms and Conditions.

 

These Terms and Conditions come into force on 1.5.2025