Business Company
TONAK a.s.
with registered office at Zborovská 823,
741 01 Nový Jičín, Czech Republic
Company ID: 00013226
Registered in the Commercial Register maintained by the Regional Court in Ostrava, Section B, Insert 110.
1. Information
1.1. The information on goods and prices stated by the seller is binding with the exception of obvious errors. Prices are presented including all taxes (e.g. VAT) and fees, excluding the costs of delivery of goods. The seller does not charge any fees depending on the payment method.
1.2. The photos on the store's website correspond to the goods sold.
2. Goods Delivery
2.1. The seller will deliver the complete goods to the buyer no later than 15 days from the order confirmation. 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.
Czech Republic
* GLS - standard parcel with cash on delivery – 100 CZK
* GLS - standard parcel with advance payment (bank transfer, payment card, PayPal) – 80 CZK
* PPL - standard parcel with cash on delivery – 160 CZK
* PPL - standard parcel with advance payment (bank transfer, payment card, PayPal) – 89 CZK
* Czech Post - standard parcel with cash on delivery – 160 CZK
* Czech Post - standard parcel with advance payment (bank transfer, payment card, PayPal) – 130 CZK
* personal collection at stores in Prague, Nový Jičín (goods can be paid for on-site in cash or by payment card) – free of charge
For orders over 3000 CZK, shipping within the Czech Republic is free.
Slovakia
* GLS - standard parcel with advance payment (bank transfer, payment card, PayPal) – 130 CZK
International Delivery (within EU)
* GLS - standard parcel with advance payment (bank transfer, payment card, PayPal) – 12 EUR
3. Order Cancellation and Contract Withdrawal
3.1. The buyer is entitled to cancel the order at any time before delivery of the goods free of charge.
3.2. The buyer may withdraw from the contract within 14 days of taking over the goods, regardless of the method of taking over the goods or payment. This period is intended to allow the buyer to reasonably familiarise himself with the nature, properties and functionality of the goods.
3.3. For the purpose of exercising the right to withdraw from the contract, the customer must inform TONAK a. s., Zborovská 823, 741 01 Nový Jičín, email: eshop@tonak.cz, of their withdrawal from the contract by means of a unilateral legal act (by letter or email). They may use a sample form, but this is not obligatory.
3.4. The withdrawal from the contract must be sent to the seller within the 14-day period. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, the buyer should state the date or order number or invoice and bank details in the withdrawal.
3.5. The seller is obliged to return to the buyer all payments received from the buyer, including delivery costs (except for additional costs incurred due to the chosen delivery method by the buyer, which is different from the cheapest standard delivery method offered by the seller), no later than 14 days from the date the notification of withdrawal from the contract was received. The seller will return the payment only after receiving the returned goods or if the buyer proves that they have sent the goods back, whichever occurs first.
3.6. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original undamaged packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
3.7. If the returned goods are damaged due to the buyer's breach of obligations, the seller is entitled to claim damages from the buyer and set it off against the amount returned.
4. Seller's Legal Liability (for conformity of the delivered goods with the purchase contract and for defects arising during the warranty period)
4.1. Quality upon receipt
4.1.1 If the received goods have defects (e.g. do not have the agreed or reasonably expected properties, are not suitable for the usual or agreed purpose, are not complete, their quantity, measure, weight, or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects for which the seller is responsible.
4.1.2 The buyer may, no later than two years from the receipt of the goods, claim from the seller, according to their request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a request for the delivery of new goods without defects or new parts without defects may be made if the defect concerns only this part.
4.1.3 If repair or exchange of goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.
4.1.4 Within six months of taking over the goods, it is presumed that the defect in the goods already existed when the goods were taken over.
4.1.5 The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect before taking over the goods or caused it himself.
4.2. Legal Rights arising from Defects
4.2.1 The seller is responsible for defects arising after taking over the goods within the 24-month warranty period or during the period of usability stated in the advertisement, on the goods packaging or in the attached instructions.
4.2.2 Within this period, the buyer may lodge a complaint and, at their choice, demand, in the case of a defect that constitutes a substantial breach of contract (regardless of whether it is a removable or irremovable defect):
4.2.2.1 removal of the defect by delivering a new item without defect or by delivering the missing item
4.2.2.2 free removal of the defect by repair
4.2.2.3 a reasonable discount on the purchase price
4.2.2.4 refund of the purchase price based on withdrawal from the contract.
4.2.3 A substantial breach of contract is one which the breaching party knew or should have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen such breach.
4.2.4 In the case of a defect that constitutes a non-substantial breach of contract (regardless of whether it is a removable or irremovable defect), the buyer is entitled to have the defect removed or a reasonable discount on the purchase price.
4.2.5 If a removable defect reoccurs after repair (third complaint for the same defect or fourth for different defects) or if the goods have a larger number of defects (at least three defects simultaneously), the buyer may exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract.
4.2.6 The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use. Information on proper maintenance of the goods is provided on the e-shop product page and on each product.
5. Complaint Handling
5.1. The buyer is obliged to lodge a complaint with the seller or the person designated for repair without undue delay after discovering the defect. If doing so in writing or electronically, they should include their contact details, a description of the defect, and a request for how the complaint should be handled.
5.2. The buyer is obliged to inform the seller which right they have chosen when reporting the defect or without undue delay after reporting the defect. A change of choice without the seller's consent is possible only if the buyer requested repair of a defect that proves to be irremovable.
5.3. If the buyer does not choose their right arising from a substantial breach of contract in time, they have the rights as in the case of a non-substantial breach of contract.
5.4. The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The period for handling the complaint runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete.
5.5. The seller is obliged to decide on the complaint immediately, no later than within three working days, or to decide that expert assessment is necessary. The buyer will be informed of the need for expert assessment within this period. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than within 30 days of its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it were a substantial breach of contract.
5.6. If the seller refuses to remove the defect, the buyer may demand a reasonable discount on the price or withdraw from the contract.
5.7. The quality guarantee is extended by the period from the lodging of the complaint until its resolution or until the buyer was obliged to collect the item. If goods or a part thereof are exchanged, the seller's liability applies as if it were the purchase of new goods or a part thereof.
5.8. If it is not possible to track the status of the complaint online, the seller undertakes to inform the buyer of the resolution of the complaint according to their request by email or SMS.
5.9. In the case of a justified complaint, the buyer is entitled to reimbursement of reasonably incurred costs.
6. Dispute Resolution
6.1. Mutual disputes between the seller and the buyer are resolved by general courts.
6.2. The buyer, who is a consumer, has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a service contract under the Consumer Protection Act (No. 634/1992 Coll.). The entity authorised to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority. More detailed information is available on the website www.coi.cz.
6.3. Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's proposal, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the date on which the consumer first asserted their right, which is the subject of the dispute, with the seller.
6.4. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
6.5. Buyers can also contact dTest, o.p.s. for advice on their consumer rights via www.dtest.cz/poradna or by calling 299 149 009.
6.6. Supervision of compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.) is carried out by (www.coi.cz).
6.7. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. 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 arising from a purchase contract.
7. Miscellaneous
7.1. For the purposes of these terms and conditions, a buyer means a consumer, who is a natural person who, unlike the seller, does not act within the scope of their business activity or within the scope of independent exercise of their profession when concluding and performing the contract. For the purposes of these terms and conditions, a seller means an entrepreneur who, unlike the buyer, acts within the scope of their business activity or within the scope of independent exercise of their profession when concluding and performing the contract. Other matters not specified herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.), and other legal regulations, as amended by later legal regulations. The contract and related issues are governed by Czech law.
Terms and conditions valid from 19 May 2021.