ILLKO, s.r.o.
Registered office at Blansko, Masarykova 2226, postal code 678 01
Identification number: 49970780
Tax identification number: CZ49970780
(The seller is a VAT payer)

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 13552 (hereinafter referred to as the Seller)

for sale through the online store at:
www.illko.cz

Contact details:
ILLKO, s.r.o.
Masarykova 2226, 678 01, Blansko
Tel.
(+420) 516 417 355
fax.
(+420) 516 417 355
mail: illko@illko.cz
Opening hours: Mon – Fri 8:30 – 11:00, 13:00 – 15:00

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store (hereinafter referred to as the “Website”), specifically through the Website interface (hereinafter referred to as the “Online Store Interface”). The “Buyer” in these Terms and Conditions represents a collective term for both Consumers and Entrepreneurs.

1.2. A “Consumer” in these Terms and Conditions, in accordance with Section 419 of the Civil Code, refers to a customer who, outside the scope of their business activity or outside the scope of independent exercise of their profession, concludes a contract with the Seller as an entrepreneur within the meaning of Section 420 of the Civil Code or otherwise interacts with the Seller.

1.3. An “Entrepreneur” in these Terms and Conditions, in accordance with Section 420 of the Civil Code, refers to a customer who independently carries out gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so continuously for the purpose of profit-making, and also a customer of the Seller’s Online Store who enters into contracts with the Seller related to their own business, manufacturing, or similar activity, or in the course of independent exercise of their profession, or a person acting on behalf of or on the account of an entrepreneur within the meaning of Section 420, Paragraph 1 of the Civil Code.

1.4. Provisions deviating from the terms and conditions can be agreed upon in the Purchase Contract. Deviating agreements in the Purchase Contract take precedence over the provisions of the terms and conditions.

1.5. The provisions of the terms and conditions are part of the Purchase Contract. The terms and conditions are available on the Seller’s Website, and they will be attached to the Purchase Contract upon the Buyer’s explicit request. The Purchase Contract and the terms and conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.6. The Purchase Contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible from the Online Store Interface.

1.7. The Seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

2. USER ACCOUNT AND PERSONAL DATA PROTECTION

2.1. To simplify purchases, the Buyer may register on the Website. From their user interface, they can then place orders for goods.

2.2. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.3. The Seller may cancel the user account, especially if the Buyer has not used their user account for more than 1 year, or if the Buyer violates their obligations under the Purchase Contract (including the terms and conditions). The Buyer will be informed of this step in advance at their email address.

2.4. 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 the hardware and software of third parties.

2.5. The protection of the personal data of a Buyer who is a natural person is provided in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended.

2.6. The Buyer agrees to the processing of their personal data provided during registration and purchase, which includes: name and surname, residential address, identification number, tax identification number, email address, phone number, and any additional information (hereinafter collectively referred to as “personal data”) for the purpose of fulfilling the rights and obligations under the Purchase Contract and for the purpose of maintaining the user account.

2.7. The Buyer acknowledges that they are obliged to provide accurate and truthful personal data (during registration, in their user account, when placing orders through the Online Store Interface). The Buyer confirms that the provided personal data is accurate and that they have been informed that providing personal data is voluntary. The provided data will be used solely for communication and sending the ordered goods.

2.8. Except for persons transporting the goods, personal data will not be disclosed by the Seller to third parties without the prior consent of the Buyer.

2.9. Personal data will be processed for an indefinite period, in electronic form in an automated manner or in printed form in a non-automated manner.

2.10. The Buyer agrees that, in connection with their purchase through the Online Store Interface, so-called cookies may be stored on their computer. The use of cookies can be disabled in the settings of the internet browser. If the use of cookies is disabled, the Online Store Interface may not be displayed fully. No personal data can be obtained through the use of cookies.

2.11. The Buyer may inform the Seller that they wish to cancel their user account and request the cessation of the processing of their personal data by contacting the Seller at illko@illko.cz. (It is also necessary to provide the login name and registered email address). The Buyer acknowledges that part of the personal data will remain archived with the Seller due to tax law requirements.

2.12. The Buyer acknowledges that the software and other components forming the Online Store Interface (including photographs of the offered goods) are protected by copyright. The Buyer agrees not to engage in any activity that could enable them or third parties to unauthorizedly interfere with or use the software or other components forming the Online Store Interface.

2.13. The Buyer is not authorized to use mechanisms, software, or other procedures when using the Online Store Interface that could negatively affect the operation of the Online Store Interface. The Online Store Interface may only be used to the extent that it does not infringe upon the rights of other customers of the Seller and is in accordance with its intended purpose.

2.14. The Buyer acknowledges that the Seller is not responsible for errors resulting from third-party interference with the Website or from the use of the Website in a manner contrary to its intended purpose.

2.15. The Buyer may also register for the newsletter. Here, only the email address is stored in pseudonymized form. This email address is used for sending business and marketing offers and materials. Upon cancellation of the newsletter subscription by the Buyer or the Seller, the email address is deleted from the database.

Note: The protection of personal data is described in detail in the ILLKO s.r.o. Company’s Data Protection Directive.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. Any presentation of goods placed on the Online Store Interface is for informational purposes only, and the Seller is not obligated to conclude a Purchase Contract regarding these goods. The Seller and the Buyer expressly exclude the application of the provisions of Section 1732, Paragraph 2 of the Civil Code to their contractual relationship.

3.2. The Online Store Interface contains actual and truthful information about the goods, including pricing, except in the case of an obvious error. The prices of goods are listed inclusive of value-added tax and all related fees. In case of doubt, the valid price is the one in the catalog price list (in the download section, for online store purchases reduced by 3%).

3.3. To order goods, the Buyer shall fill out the order form on the web interface of the store. The order form includes, in particular, information about the goods being ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart of the store’s web interface), the method of payment of the purchase price, details about the desired method of delivery of the ordered goods, and information about the costs associated with delivering the goods (hereinafter collectively referred to as the “order”).

3.4. Before submitting the order to the Seller, the Buyer is allowed to review and modify the data they have entered into the order, taking into account the possibility of detecting and correcting errors that may have occurred while entering the data into the order. The Buyer sends the order to the Seller by clicking the “Confirm Order” button after agreeing to the Terms and Conditions. By submitting the order, the Buyer confirms that they have had the opportunity to review these Terms and Conditions and that they agree with them. The information provided in the order is considered correct by the Seller. The Seller will promptly confirm receipt of the order to the Buyer by email, sent to the Buyer’s email address provided in the user account or in the order (hereinafter referred to as the “Buyer’s email address”).

3.5. The contractual relationship between the Seller and the Buyer is established upon the delivery of the Order Confirmation or the Proforma Invoice or the Dispatch Notification of the ordered goods along with the invoice, which are sent by the Seller to the Buyer at the Buyer’s email address.

3.6. The Buyer agrees to the use of remote communication means when entering into the purchase contract. The costs incurred by the Buyer when using remote communication means in connection with entering into the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.

4. PAYMENT OF THE PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any associated delivery costs under the purchase contract to the Seller using the following methods:
– In cash at the Seller’s premises (see the company address)
– In cash on delivery at the place specified by the Buyer in the order
– Cashless by bank transfer to the Seller’s account before delivery of the goods
Seller’s account: 636 505 514 / 0600, GE Money Bank, a.s. The payment constant symbol is 0008, and the variable symbol is the invoice number. The Buyer will also receive information for making the transfer when the order is confirmed (proforma invoice).

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods at the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivering the goods.

4.3. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods.

4.4. In the case of cashless payment, the Buyer shall pay the purchase price of the goods together with the specified variable symbol of the payment to the Seller’s account based on the proforma invoice issued by the Seller and sent to the Buyer before the delivery of the goods. The validity of the proforma invoice is 30 days from its issuance. If the full amount is not credited to the Seller’s account within this period, the Seller is entitled to withdraw from the purchase contract.

4.5. After the payment is made, the Seller shall issue the Buyer a tax document for the received payment and an accounting tax document – an invoice.

4.6. The Buyer becomes the owner of the goods only upon payment or crediting the full amount to the Seller’s account; until then, the goods remain the property of the Seller.

4.7. The Seller does not allow purchases on so-called consumer loans.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. Goods that are in stock are usually dispatched by the Seller the next working day after the order confirmation in the case of personal pickup or cash on delivery. When paying by bank transfer, the Seller usually dispatches the in-stock goods the next working day after the corresponding amount is credited to their account.

5.2. Goods that are not in stock are dispatched by the Seller as soon as possible. The Buyer will be informed in advance about the approximate date.

5.3. Goods can be picked up in person at the Seller’s premises after notification to the Buyer’s email address or telephone contact. In the case of prepayment, the goods can only be picked up by the Buyer unless explicitly agreed otherwise (e.g., a comment in the order). This person must sufficiently identify themselves and provide a valid ID card or valid passport.

5.4. The second option is to use an external carrier, which is the PPL delivery service. The handover of the goods to the carrier is notified to the Buyer’s email address. The exact time and date of delivery of the shipment is exclusively the carrier’s responsibility from the moment it is handed over. The telephone contact provided in the order is automatically printed on the address label that each shipment is marked with. In case of problems, the driver or dispatcher can contact the Buyer to arrange delivery details. Shipping and packaging costs are included in the amount to be paid. Shipping and packaging costs are not charged for orders with a delivery address in the Czech Republic, whose financial volume exceeds 10,000 CZK without VAT. Shipping and packaging costs for delivery addresses outside the Czech Republic are governed by the carrier’s price list at the delivery location, and their amount will be communicated to you upon request. The Seller publishes the shipping and packaging costs on the website.

5.5. The third option is the delivery of goods to the Buyer’s email address. This is only possible for selected types of goods (software).

5.6. If the method of transport is agreed upon based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.

5.7. If the Seller is obliged to deliver the goods to a location specified by the Buyer in the order under the purchase contract, the Buyer is obliged to take delivery of the goods upon delivery.

5.8. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than was specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.

5.9. If the Buyer refuses to take delivery of the goods either from the carrier or in person at the Seller’s premises, a notice will be sent to the Buyer’s email address. If the Buyer does not collect the goods within 14 working days of the notice being sent, the Seller is entitled to withdraw from the purchase contract. The Seller will return any paid funds received from the Buyer within 14 days of the withdrawal from the purchase contract, using the same method the Seller received from the Buyer. The Seller is entitled to unilaterally offset the costs of futile delivery of the goods due to the Buyer’s lack of cooperation against the Buyer’s claim for a refund of the purchase price.

5.10. When taking delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the goods’ packaging and to immediately report any defects to the carrier. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the Buyer may refuse to accept the shipment from the carrier. In the event of damage to the shipment, the Seller recommends that the Buyer prepare a damage report with the carrier.

5.11. The Seller ensures the take-back of electrical equipment, batteries, and accumulators in accordance with the relevant legal regulations. When personally collecting goods at the Seller’s premises, the Buyer has the option to return old electrical equipment.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the Buyer’s wishes or for their person, or for computer software where the registration code has been applied.

6.2. In justified cases, the Consumer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, within fourteen days of receiving the goods. If the subject of the purchase contract is several types of goods or the delivery of several parts, this period begins on the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period stated in the previous sentence to the address of the Seller’s premises or to the Seller’s email address at illko@illko.cz. The withdrawal must include the identification of the purchase contract (contract number or a copy of it), the Consumer’s contact address, phone number, and email address. The form attached to these Terms and Conditions may be used.

6.3. In the event of withdrawal from the purchase contract in accordance with the previous section of these Terms and Conditions, the purchase contract is annulled from the outset. The goods must be returned to the Seller within fourteen days of the withdrawal from the contract. The returned goods must be complete with all documentation, undamaged, clean, and, if possible, in the original packaging, in the condition and value in which the Consumer received the goods. If the Consumer withdraws from the purchase contract, the Consumer bears the costs associated with returning the goods to the Seller. The Consumer shall include the delivery note and invoice, if issued, or another document proving the purchase of the goods.

6.4. In the event of withdrawal from the contract under the preceding sections of these Terms and Conditions, the Seller shall return the funds received from the Consumer within fourteen days of the withdrawal from the purchase contract by the Consumer and after the return of the goods, using the same method by which the Seller received the funds from the Consumer.

6.5. The Seller is entitled to offset any claim for damages caused to the goods against the Consumer’s claim for a refund of the purchase price.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINTS

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt and have the properties agreed upon by the parties, or, in the absence of an agreement, the properties described by the Seller or the manufacturer, the goods are in the appropriate quantity, measure, or weight, and the goods comply with legal requirements.

7.3. The Seller is liable to the Buyer that no defects will appear on the goods within twenty-four months of receipt by the Buyer. For goods with a limited lifespan, the warranty period may be shorter (e.g., rechargeable batteries, used goods sold at a discount). If a use-by period is indicated on the goods, its packaging, or in the accompanying instructions in accordance with special legal regulations, the warranty period ends upon the expiration of this period. If a defect appears within six months of receipt, the goods are presumed to have been defective at the time of receipt.

7.4. If a defect appears during the period according to the previous section that prevents the purchased product from being used properly, and this defect can be remedied, the Buyer has the right to have it repaired free of charge. If the defect cannot be remedied and prevents the goods from being used properly as defect-free goods, the Buyer has the right to exchange the goods, receive an appropriate discount on the purchase price, or withdraw from the purchase contract.

7.5. The Buyer is not entitled to rights arising from defective performance if the Buyer knew about the defect before receiving the goods or if the Buyer caused the defect. The Buyer has no right to withdraw from the purchase contract or demand the delivery of new goods if the Buyer cannot return the goods in the condition in which they were received, except as provided by law.

7.6. If the Buyer does not withdraw from the purchase contract or does not exercise the right to have new goods delivered free of defects, to have a part of the goods replaced, or to have the goods repaired, the Buyer may demand a reasonable discount on the purchase price. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods free of defects, replace a part of the goods, or repair the goods, as well as in cases where the Seller fails to remedy the situation within a reasonable time. If remedying the situation would cause the Buyer significant inconvenience, an individual solution to the complaint will be agreed upon between the Seller and the Buyer.

7.7. The Buyer is obliged to file a complaint with the Seller without undue delay after discovering the defect. Received complaints are handled without undue delay, but no later than 30 days from the date the complaint is filed, unless the Seller and the Buyer agree otherwise. The Seller shall issue a confirmation of the complaint and its resolution, and the warranty period is suspended during the complaint process. The Buyer will be informed of the progress and resolution of the complaint via the Buyer’s email address or phone contact.

7.8. The day on which the goods are delivered to the Seller’s address is considered the day the complaint is filed. In the case of a disputed complaint, the Seller will decide on its acceptance within three working days from the date the complaint is filed.

7.9. The warranty and claims for liability for defects do not apply to goods for which the complaint was filed after the expiration of the specified warranty period, as well as to wear and tear of the goods caused by use. The warranty and claims for liability for defects do not apply to defects caused by improper use, failure to follow instructions, improper maintenance, unauthorized intervention, or improper storage. For items sold at a discounted price, the Seller is not liable for the defect for which the discount was agreed upon; in this case, the Buyer has the right to a reasonable discount instead of the right to exchange. The warranty and claims for liability for defects do not apply to defects caused by external events beyond the Seller’s control.

7.10. Complaints can be filed by phone, in writing to the Seller’s premises address, or to the Seller’s email address at illko@illko.cz. The complaint must also include the Buyer’s contact address, phone number, and email address.

7.11. When resolving a complaint, the Buyer is obliged to provide the Seller with the necessary cooperation. The Buyer shall ensure the delivery of the claimed goods to the Seller’s address (not cash on delivery, which the Seller does not accept). The Buyer is obliged to pack the goods in the original or other suitable packaging to prevent damage. The Buyer shall include proof of purchase or an invoice, if issued, or another document proving the purchase of the goods (or copies thereof) along with a description of the defect and a proposal for resolving the complaint. The warranty card, if issued, must also be included.

7.12. In the case of a justified complaint, the Buyer is entitled to reasonable compensation for the cost of shipping the claimed goods.

7.13. The Seller is not liable for any damages caused by the inability to use the claimed goods.

7.14. The Buyer is obliged to collect the claimed goods within 30 days of the complaint resolution. After this period, the Seller is entitled to charge reasonable storage fees or to sell the goods on behalf of the Buyer. The Buyer will be informed of this procedure in advance via the Buyer’s email address.

7.15. Any disputes between the Seller and the Buyer shall be resolved by the general courts. The Seller prefers to resolve any disputes out of court, unless the Buyer declines.

8. FINAL PROVISIONS

8.1. If any provision of these Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision will be replaced by a provision whose meaning as closely as possible approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

8.2. All verbal and written information regarding the suitability and possibility of using the supplied goods is provided to the best of the Seller’s knowledge. However, they only represent the Seller’s experience and information obtained from the manufacturer or supplier.

8.3. The purchase contract and related matters are governed by Czech law.

8.4. Changes to the Terms and Conditions agreed upon in the purchase contract in any form other than in mutually agreed written form are excluded.

8.5. These Terms and Conditions are effective from December 1, 2022.