Company: TESTOVACÍ TECHNIKA s.r.o.
Headquarters: Československé armády 923/15, Poděbrady III, 290 01 Poděbrady
ID: 26129507
Registered with: the Municipal Court in Prague, Section C, Insert 72744
Telephone contact: +420 325 610 123
E-mail: teste@teste.cz

1. General provisions

These terms and conditions apply to purchases made in the online shop www.teste.cz. The terms and conditions define and specify the rights and obligations of the seller (operator, supplier) and the buyer. If the buyer is a business, other terms and conditions may apply to the relationship between the buyer and the seller, which are described in more detail in this document.

The operator of the online shop is the company TESTOVACÍ TECHNIKA s.r.o., with its registered office at Československé armády 923/15, Poděbrady III, 290 01 Poděbrady, identification number: 26129507, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 72744. All contractual relations are concluded in accordance with the legal order of the Czech Republic.

2. Definition of terms

Consumer contract - is a purchase contract, a contract for work or other contracts where the contracting parties are a consumer on the one hand and an entrepreneur on the other.

Supplier/seller - is a person who, when concluding and performing a contract, acts within the scope of his/her commercial or other business activity. It is an entrepreneur who, directly or through other entrepreneurs, supplies goods or services to the buyer. The customer of our online shop is the buyer. In view of the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is an entrepreneur.

A consumer buyer is any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with or otherwise deals with an entrepreneur.
If the contracting party is a consumer, relations not regulated by the terms and conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). Excerpts from these laws can be found under this section of the Terms and Conditions.

Buyer - an entrepreneur is a buyer who purchases products or uses services for the purpose of his business in accordance with Section 420 of the Civil Code.
The special provisions on the sale of goods to consumers do not apply to regulate the relationship between the seller and the buyer-entrepreneur, except for the provisions of § 2160, which are expressly applicable to the relationship between the seller and the buyer-entrepreneur. Furthermore, the provisions on distance contracts and off-premises contracts (Part Four, Title I, Part 4, Section 2), in particular the provisions of Section 1829 et seq. of the Civil Code, shall not apply to the relationship between the seller and the buyer-entrepreneur.) For the relationship between the seller and the buyer-entrepreneur, the provisions of Section 1924 of the Civil Code are expressly excluded; the buyer-entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a complaint. Furthermore, the purchaser-entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with Section 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally related to the product. The Consumer Protection Act (No. 634/1992 Coll.) shall not apply to the relationship between the Buyer - entrepreneur and the Seller.

Purchase contract - All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. The conclusion of the purchase contract does not take place when the buyer sends the order to the seller. The contract of sale is formed at the moment of confirmation of the buyer's order by the seller. From this moment on, the mutual rights and obligations between the Buyer and the Seller are defined in the Purchase Agreement and the Terms and Conditions, which are an integral part of this Agreement. The conclusion of a contract of sale without negotiation of all its requirements stipulated by the Civil Code is excluded within the meaning of the provisions of Section 1726 of the Civil Code. The Seller further excludes the acceptance of an offer with an amendment or deviation in accordance with Section 1740(3) of the Civil Code.

Information on the concluded contract and terms and conditions

By concluding the Purchase Contract, the Buyer confirms that he has read these Terms and Conditions and that he agrees to them. These terms and conditions form an integral part of the concluded contract. Upon completion of the order, an e-mail confirmation of this order will be sent to the buyer. This confirmation is accompanied by the current version of the Terms and Conditions and Privacy Policy. The moment of conclusion of the purchase contract is considered to be the moment of confirmation of the order by the seller.

The contract shall be concluded in the Czech language, unless circumstances on the part of the Seller or the Buyer prevent it, the contract may also be concluded in another language understandable to the parties. The concluded contract is archived by the Seller in accordance with the relevant legal regulations for the purpose of its successful completion or for other purposes (see Privacy Policy) and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is visible from the ordering process in our online shop and the Buyer has the opportunity to check and, if necessary, correct the order before sending it. These terms and conditions are displayed on the website of our webshop and thus allow their archiving and reproduction by the buyer. The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the tariff of the telecommunications services used by the customer.

According to the amendment to Act No. 235/2004 Coll., on value added tax, as of 1 January 2013, the data in the tax document (invoice) already issued cannot be changed. The data in the tax document (invoice) can only be changed if the customer has not yet received the goods and has not paid.

In accordance with Act No. 542/2020 Coll., on end-of-life products, the purpose of which is to prevent the generation of waste from selected products and to manage end-of-life products, the Seller carries out the take-back of used electrical equipment from its customers for ecological disposal.

3. Delivery of goods

The ordered goods are delivered by a contractual transport service. Deliveries of the subject of performance will be made as soon as possible, usually within 2-10 working days, depending on the availability of products and the Seller's operational capabilities. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the buyer will be notified immediately upon discovering this fact. The place of delivery is determined on the basis of the buyer's order. Delivery of the goods to the address indicated shall be deemed to have been fulfilled.

The delivery does not include the installation of the object of performance. Transportation to the destination address shall be provided by the Seller. The shipment of goods shall normally include a tax document (invoice). When receiving the goods from the shipping service, always check the integrity of the shipping packaging carefully. In case the packaging is damaged, please indicate this information in the handover report of the transport service. The seller is obliged to deliver the ordered goods within the agreed time limit. If this does not happen, the buyer is entitled to withdraw from the contract.

The Seller provides transport only within the European Union. If the Buyer wishes to send the goods to another destination, it is not possible to carry out the transport in this way.

We providedelivery of goods to all countries of the European Union. Shipping prices are inclusive of VAT. We differentiate the shipping costs according to the chosen shipping method.

The individual modes of transport are offered according to the current availability and with regard to capacity and range. You can find all the offered transport methods and their current prices and conditions at https://testeeurope.eu/delivery-and-payment-terms.

In the event that any method of transport is chosen, where the goods are transported to the address provided by the purchaser, the transport can only be carried out to the specified location if this is factually possible with regard to the spatial limitation of the delivery location. For example, it will not be possible to deliver the goods to the buyer's flat if the corridor of the common areas is too narrow or the stairs too steep, etc. In such a case, the goods will be delivered and left at a place where actual delivery is possible.

4. Payment terms

In the case of special order goods or goods that are out of stock, the seller will confirm the price and delivery date to the buyer in advance by telephone/email. If the valid price is the same or lower than the price on the written or e-mail order, it is not confirmed back to the buyer and the goods are delivered to the buyer at the agreed price according to the validly concluded contract. If the price is changed, the customer shall confirm that he acknowledges and agrees to the change in the same manner in which he was notified of the change.

Payment condition - the basic method of payment is cash on delivery of the object of performance, or the possibility of using other methods of payment, which are listed below. In the event that the customer chooses to pay in advance, the seller will wait to ship the goods until the customer's obligation to make payment has been fulfilled. Payment is understood as the crediting of the full amount according to the contract to the Seller's account.

All prices are final and are inclusive of VAT and allowances for the disposal of historical electrical waste or other charges payable by the Buyer for the Goods.

All goods are delivered with a tax receipt. The goods remain the property of the Seller until the purchase price is paid in full. In the event of cancellation of the order or part thereof by the Supplier, the money or the relevant part thereof shall be sent back immediately to the account number from which it was transferred, unless otherwise agreed.

All changes and price changes on the online shop are subject to change. The offer of goods displayed on www.teste.cz(including sale items, clearance sales and leaflet promotions) is valid until stocks are exhausted or the seller's ability to perform is lost, and the offer is limited to a specified period of time. The price is valid at the time of ordering.

All payment methods and their current terms can be found at https://testeeurope.eu/delivery-and-payment-terms.

At Buyer's option, Seller will deliver the Goods to the location and in the manner specified by Buyer in the Order. The Buyer is obliged to take delivery of the goods so delivered.

Cancellation of the order by the Buyer - the Buyer has the right to cancel the contract at any time before the goods are dispatched, without any penalty, by calling 325 610 123 or by emailing info@teste.cz.

In the event that the operator of the payment gateway through which the payment is made informs the seller that it suspects that the payment card used for payment has been misused, online payment by credit card will not be allowed. Payment will only be possible in cash or on delivery.

Right of withdrawal

5. Withdrawal from the contract by a buyer who is a consumer

In accordance with § 1829 of the Civil Code, the consumer has the right to withdraw from the contract without giving reasons within 14 days from the date of conclusion of the contract.

If the subject of the commitment is the purchase of goods, the period shall end on the expiry of 14 days from the date on which the consumer or a third party designated by him other than the carrier takes delivery of the goods, or

1. the last piece of goods, if the consumer orders several pieces of goods in one order which are delivered separately,
2. the last item or part of a delivery of goods consisting of several items or parts, or
3. the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time.

If the Buyer chooses to withdraw within this period and complies with the conditions set out below, the Buyer will be refunded the purchase price and the cost of the cheapest method of delivery offered from the Seller to the Buyer. In accordance with § 1820(1)(j) and § 1832(3), the consumer shall bear the costs of returning the goods when withdrawing from the purchase contract pursuant to § 1829 et seq.

If you decide to withdraw within this period, please observe the conditions set out below:

• A letter of intent to withdraw must be sent to the seller no later than the 14th day.
• You can use the attached sample withdrawal form, but you are not obliged to do so. To speed up the processing of your withdrawal, please fill in the details on the form, including the order number.
• Deliver the goods back at your own expense to the Seller's registered office at TESTOVACÍ TECHNIKA s.r.o., Československé armády 923/15, 290 01 Poděbrady. The goods can also be delivered to the Seller's registered office in person.
• We recommend that you return the goods you send under this withdrawal in their original intact packaging, the goods should not bear any signs of use, should be undamaged, complete (including accessories, warranty card, etc.) and with a copy of the proof of purchase. Do not send goods on COD. We recommend that you insure the goods.
• The money for the goods and the cost of the cheapest method of delivery offered by the online shop will be refunded to you in the same way as received or, as agreed, by transfer to your account within 14 days of withdrawal. The Seller is not obliged to reimburse the Buyer for any monies spent before the returned goods have been delivered to the Buyer.
• If the value of the goods has been diminished (the goods have been partially consumed or worn out as a result of handling the goods in a manner other than that necessary to familiarise oneself with the nature, characteristics and functionality of the goods; the goods are incomplete or have been damaged), the buyer is obliged to compensate the missing value in money. The seller is entitled to set off against the purchase price the amount representing the compensation for the damage incurred by him by using the goods in violation of § 1833.
• If services were the subject matter of the contract and performance of those services has commenced, then the buyer is obliged to pay a proportionate part of the price for the services consumed, unless the buyer has withdrawn from the contract.
• If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract shall cease to be effective in respect of such gift and the buyer shall be obliged to return the gift to the seller together with the goods. If the Buyer fails to return the gift within the time limit set by the Seller, the Seller shall have the right to continue to recover the amount corresponding to the value of the unreturned product.
• If additional goods are sold with the goods at a highly discounted promotional price (e.g. If the contract of sale of the goods to which the goods were sold at a highly discounted promotional price is cancelled, the contract of sale of the highly discounted promotional goods shall cease to have effect and the buyer shall be obliged to return the goods at the highly discounted promotional price to the seller and the seller shall refund the purchase price of the highly discounted promotional goods to the buyer. If the Buyer fails to return the highly discounted goods within the time limit set by the Seller, the Seller shall have the right to continue to recover an amount equal to the value of the unreturned product
• If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.

The buyer is not entitled to withdraw from the contract within the meaning of Section 1837 of the Civil Code:

• in the case of the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has instructed the consumer before the conclusion of the contract that the provision of the performance extinguishes the right to withdraw from the contract
• the supply of goods made to the consumer's requirements or adapted to his personal needs
• for urgent repair or maintenance to be carried out at a place designated by the consumer at his express request; this does not apply, however, to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance
• the supply of an audio or visual recording or a computer program in sealed packaging if the consumer has broken it
• the supply of digital content which is not supplied on a tangible medium after the performance has begun; in the case of a performance for consideration, if the performance has begun with the prior express consent of the consumer before the expiry of the withdrawal period, the consumer has been informed that the right to withdraw from the contract is thereby extinguished and the trader has provided him with a confirmation in accordance with Article 1824a(1) and (2) or Article 1828(3) and (4).'.

In the case that the buyer has paid for the order via an online payment method, through the ComGate payment gateway, and the order is cancelled or the purchase contract is withdrawn, the seller reserves the right to transfer the funds back to the customer in the same manner to the same account number from which the payment was made.

6. Withdrawal from the contract by the supplier/seller

The Seller shall be entitled to withdraw from the contract concluded with the Customer in the following cases: the goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly, or it is not possible to deliver the goods to the Seller from the Seller's supplier at the originally stated price, as well as in the case of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/type of goods).

An obvious error in the price of the goods is considered to be, for example, an erroneous indication of the first three digits instead of four; a price that is one digit lower (e.g. one digit is 'dropped' when the price is indicated); an obviously low price of the goods (e.g. a price that is 50% lower than the usual price for that type and type of goods, without indicating that the goods are on sale or on other discount); and other obvious typing errors, obvious errors in the description of the goods, picture, etc.

In the event that this situation arises, the Seller will immediately contact the Buyer to agree on further action. If the buyer has already paid part or all of the purchase price, the amount will be transferred back to the buyer's account or address as soon as possible within 14 days of the seller's cancellation of the order.

The buyer-consumer is entitled to purchase only the quantity that is usual for the given type of goods. Goods purchased by the Buyer - Consumer are not intended for resale. If the Buyer-Consumer orders or purchases a quantity that does not correspond to the usual quantity, or the Seller considers that it will be used for resale, the Seller is entitled to cancel the order and, if the order is confirmed, the Seller is entitled to withdraw from the purchase contract without any further claims of the Buyer.

The aforementioned provisions shall apply by analogy to the cancellation of an order and shall also apply by analogy to the declaration of the amount of the discount in the case of various discount or marketing campaigns.

7. Rights arising from defective performance

Before first use, the purchaser is obliged to read the instructions for use or the operating instructions and any warranty conditions and to follow this information strictly, otherwise he runs the risk of damaging the item through improper use, which may result in the inability to assert his rights under liability for defects. The period for the exercise of the seller's rights under liability for defects begins with the acceptance of the item by the buyer.

In accordance with § 2104, the buyer is obliged to inspect the goods as soon as possible after receipt and to satisfy himself as to their characteristics and quantity.

The buyer is not entitled to assign the rights of liability for defects and the rights under the guarantee (if a guarantee has been granted) to a third party.

8. Period for exercising rights for defective performance

When selling consumer goods, the period for the exercise of rights of defective performance is set at 24 months, but may be longer by a statement of the Seller or a third party on its packaging or advertising. If a guarantee is provided, the Seller shall specify the terms and scope of the guarantee by means of a declaration in the guarantee certificate or by special terms and conditions, and if not so specified, the provisions of the Civil Code shall apply to defects arising. The seller's liability for defects does not extend to normal wear and tear of the item (or its parts) caused by use or to a defect caused by the buyer or a third party.

If the object of the purchase is an item with digital characteristics and if, according to the contract, the digital content or the digital content service is to be provided continuously for a certain period of time, the buyer consumer may complain of a defect that appears or manifests itself in the digital content within two years of receipt. If the performance is to be carried out for a period of more than two years, the consumer purchaser shall have a right to claim a defect which appears or manifests itself within that period.

The consumer purchaser shall have the following rights when exercising his rights under liability for defective performance:

• The right to have the goods repaired free of charge or to have new goods delivered or parts replaced. The buyer-consumer may only apply a method of remedying the defect which is not impossible or disproportionately costly in comparison with the other method; this shall be assessed in particular with regard to the significance of the defect, the value which the item would have had without the defect and whether the defect can be remedied by the other method without significant difficulty for the buyer.
• The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.
• The buyer may demand a reasonable discount or withdraw from the contract, 

1. 1. if the seller has refused or failed to remedy the defect
   2. the defect appears repeatedly (at least 3 times),
   3. the defect is a material breach of contract, or
   4. it is clear from the seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

The buyer may not withdraw from the contract if the defect is insignificant; the defect is deemed not to be insignificant.

Liability for defects and the rights arising therefrom for all buyers who are not consumers shall apply to the extent specified by the importer or manufacturer. If the importer or manufacturer does not so stipulate, the rights arising from liability for defects shall apply in accordance with Section 2099a et seq. of the Civil Code. If a defect occurs in the goods sold to the purchaser - entrepreneur, the purchase contract shall be deemed to have been breached in an insignificant manner and the exercise of the right of defective performance shall proceed in accordance with Section 2107 of the Civil Code.

9. Claims (Rights of defective performance)

In the event that the Buyer - consumer has made a claim, the claim including the removal of the defect shall be settled and the consumer shall be informed thereof within 30 days from the date of the claim, unless the Seller and the consumer agree on a longer period. After the expiry of the deadline, the consumer may withdraw from the contract or demand a reasonable discount. The Seller shall issue the consumer with a written confirmation when the complaint is made, stating the date on which the consumer made the complaint, what the content of the complaint is, the method of handling the complaint requested by the consumer and the contact details of the consumer for the purpose of providing information on the handling of the complaint.

If the rights arising from the defective performance are exercised by the buyer - entrepreneur, the seller is not obliged to settle the claim within 30 days. The complaint shall be settled within the time limit set by the relevant service of the brand concerned.

The Buyer is obliged to notify the Seller of the defect in the goods without undue delay after it becomes apparent, either by telephone on +420 325 610 123 or by email to info@teste.cz, where further action on the claim will be agreed with the Buyer.

In the case of defective goods, the defective goods must be sent to the address of the Seller's registered office TESTOVACÍ TECHNIKA s.r.o., Československé armády 923/15, 290 01 Poděbrady.

If you have any questions about the status of your claim, please contact us by phone at +420 325 610 123 or send your inquiry to email: info@teste.cz.

The buyer - consumer has the right to reimbursement of the necessary costs incurred in connection with the exercise of the rights under the liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs necessarily incurred for this withdrawal.

In the event of a claim for laptops, mobile phones, tablets, storage devices or other computer systemsor data storage devices, the seller shall not be liable for the content and data stored on such storage devices and shall not be liable for any loss, damage or misuse of data. In the event of a claim, the Seller shall not perform data backup or data recovery. The Buyer is advised to regularly and systematically back up the data to another storage medium. The Buyer acknowledges that in the event that a claim is resolved by replacing the goods with new goods, the original goods are not returned.

If the Buyer does not collect the goods even after 8 months from the date of the complaint, the Seller is entitled to sell the product to a third party in a suitable manner for a reasonable price within the meaning of Section 2428 of the Civil Code, at the Buyer's expense; the proceeds shall be released to the Buyer without undue delay, but the Seller may deduct storage costs and reasonable costs associated with the sale. In the event that the goods cannot be sold, the Seller is entitled to dispose of the goods. In such case the Buyer shall not be entitled to any compensation for the disposed goods.

10. Protection of personal data

Information on data protection is here: Privacy Policy.

11. Out-of-court resolution of consumer disputes

Pursuant to the provisions of Section 1820(1)(s) of the Civil Code and Section 14(1) and Section 20d et seq. of Act No. 634/1992, on Consumer Protection, the Seller informs that the consumer may apply for out-of-court settlement of a consumer dispute to the consumer dispute resolution body, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions set out in the relevant legislation. For the avoidance of doubt, nothing in these terms and conditions excludes the possibility for consumers to bring their claims before a civil court.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 120 00 Prague 2, ID No: 000 20 869, internet address: www.coi.cz, is competent for the 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 under the purchase contract.

12. Sales events

In the event that the Buyer participates in a sales promotion, campaign or other similar event (hereinafter referred to as "promotion"), the principle of which is to obtain a gift either for purchase or as a reward for participation in the promotion or as a prize in the promotion or in any other similar manner, this gift is not subject to the Purchase Contract and the Buyer does not have any liability rights in respect of the subject of the gift. The Seller shall not be liable for any defects in the Gift.

The Seller may hold sales promotions in which it includes the Buyer in such promotion on the basis of the transaction made. If the Buyer purchases goods in a specific, predetermined amount, the Buyer will receive a discount voucher from the Seller for the next purchase in a value determined by the Seller, by means of an e-mail message (business communication). The exact rules with specific information are published by the Seller in advance on the Seller's online store website.

In Poděbrady on 1. 8. 2023