These terms and conditions apply to trading with company TESORO TECHNIC s.r.o with its registered office at Lidická 700/19, 602 00 Brno, VAT: CZ04166566, entered in the Commercial Register kept at the Regional Court in Brno, Section C, 88563 from 16.11.2018 and regulate the rights and obligations between the company TESORO TECHNIC s.r.o as the seller and the customer as the buyer.

The rights and obligations of the buyer and seller are governed by these terms and conditions in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code.

All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (Act No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by the Civil Code (Act No. 89/2012 Coll.).

Conclusion of the purchase contract

The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the e-mail address of the buyer.
The buyer does not have to be registered / logged in to order goods. To order goods, the buyer must select the goods and "insert" them into the "shopping cart". The buyer sends the order to the seller by clicking on the "send order" button.
Before submitting the order to the seller, in accordance with the provisions of § 1826 of the Civil Code, the buyer is allowed to check and change the data that the buyer has entered in the order.
The resulting contract (including the agreed price) may be changed or cancled only by agreement of the parties or on legal grounds, unless otherwise stated below.
Prior to the actual execution of the order, the buyer is sufficiently informed of these terms and conditions and has the opportunity to become acquainted with them to the necessary extent. By concluding the purchase contract, the buyer confirms that he has read these terms and conditions and that he agrees with them.

The price of the goods, the method of its payment, costs associated with the delivery of goods

The buyer is entitled to pay the price of the goods and possibly the costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
in cash at the seller's premises at Ústín 84, 78346
payment card at the seller's premises at Ústín 84, 78346
cashless transfer to the seller's account
The buyer is obliged to reimburse the seller, together with the price for the goods, also the costs associated with the packaging and delivery of the goods, in accordance with the purchase contract.
The seller is entitled to require the buyer to pay a deposit.
The maturity of the price for the goods in the case of non-cash payment or payment by credit card is 14 days, with the obligation to pay the price for the goods is fulfilled when the amount corresponding to the price for the goods is credited to the seller's account. When paying in cash, the price of the goods is due upon delivery / receipt of the goods.
After payment of the purchase price, the seller will issue a tax document to the buyer, which he will hand over, or will be sent in electronic form to the electronic address of the buyer, with regard to the method of delivery of goods. The seller is a VAT payer.
By paying the full purchase price of the goods, the buyer acquires ownership of the goods.
The buyer is obliged, in the event of a request for delivery of goods to the delivery address, to state the correct and complete postal address to which the ordered goods are to be delivered.
The buyer is obliged to remove the ordered goods and pay the total price, including any price for delivery of goods.
The buyer has the right to cancel the sent order or return the goods within 14 days of delivery. In the case of returning the goods, the buyer will be paid the purchase price of the returned goods in full.

Change, cancellation of the contract

The resulting purchase contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds.
The seller reserves the right to cancel the order or part thereof before concluding the purchase contract in cases where the goods are no longer produced or the goods are no longer delivered by the supplier or the price of the supplier of goods has increased significantly. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the purchase contract will not be concluded.

Delivery of goods

The delivery options are in accordance with the purchase agreement as follows:
takeover at the seller's premises at Ústín 84, 78346
sending the goods by the seller through the contracted carrier.
If, in accordance with the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver repeatedly, or in another way or to a different address than the buyer stated in the order, the buyer is obliged to pay the costs associated with repeated delivery, or with delivery in another way or to another address.
The buyer is obliged to check the integrity of the packaging of the goods upon receipt of the goods, if the buyer finds any violation of the packaging upon receipt of the goods, he is obliged to report this fact to the carrier and make a record on the receipt of goods. If the violation of the packaging indicates unauthorized entry into the shipment, the buyer is not obliged to take over the shipment from the carrier.
If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk associated with the choice of mode of transport and any additional costs associated with this mode of transport.

Defective performance rights

The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code.
The seller is obliged to deliver the goods to the buyer without defects. If the performance is defective, the buyer has the rights from the defective performance.
The seller responds to the consumer that the item has no defects upon receipt. The seller is responsible to the consumer that at the time the consumer took over the
the thing has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is the thing in the appropriate quantity, measure or weight,
the matter complies with the requirements of the legislation.
If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request replacement of the part; if this is not possible, he may withdraw from the purchase contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge. The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the purchase contract.
If the consumer does not withdraw from the purchase contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item to him without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or would arrange considerable difficulties for the consumer.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
If the buyer exercises the right from defective performance (complaint), the seller will confirm in writing when he exercised the right, as well as the execution of the repair and its duration.
The seller handles consumer complaints via the electronic address jakubcova@tesoro-technic.cz. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.
The seller is entitled to unilaterally set off the right to compensation for damage to the goods against the buyer's right to return the purchase contract.

The Consumer's right to withdraw from the contract

In accordance with § 1829 par. 1 of the Civil Code, the consumer has the right to withdraw from the contract within 30 days of receipt without giving a reason if the purchase contract is concluded by means of distance communication (in an online store). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. By withdrawing from the purchase contract, the purchase contract is cancled from the beginning.
In accordance with the provisions of § 1837, the consumer may not withdraw from the purchase contract if:
delivery of goods adjusted according to the wishes of the consumer or for his person,
goods are irretrievably mixed with other goods after delivery,
the goods are removed from the protective packaging and for hygienic reasons it is not possible to return them.
If the consumer withdraws from the purchase contract, he shall send or hand over to the seller without undue delay, no later than fourteen days after the withdrawal from the purchase contract, the goods received from him. If the returned goods are damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is able to prove the damage (eg by documenting through photographs, recording with the participation of a third party, etc.). In such a case, the seller returns to the buyer only the price reduced according to this paragraph.
If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
Withdrawal from the purchase contract can be sent by the consumer to the seller's address Ústín 84, 78346 or to the seller's e-mail address info@tesoro-technic.cz
In the event that the buyer withdraws from the purchase contract in accordance with the preceding paragraphs, the seller shall return to him without undue delay, no later than fourteen days after withdrawal from the purchase contract, all funds, including delivery costs received from him under the contract. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the consumer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of goods offered. With regard to the fact that the seller does not reimburse the consumer the costs associated with the return of goods, because the seller warned the consumer of the obligation to bear the costs associated with returning goods under the provisions of § 1820 para. g) of the Civil Code.
The seller is not obliged to return the funds to the buyer before he receives the returned goods from the buyer due to withdrawal from the contract.

Costs of using means of distance communication

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

Final Provisions

Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The provisions of the business conditions are an integral part of the purchase contract.
These terms and conditions are valid as stated on the seller's website, on the day of concluding the purchase contract. After its confirmation, the consumer order is archived as a concluded purchase contract between the buyer and the seller for the purpose of its fulfilment and further records, and its condition is accessible to the buyer.
The contract can be concluded in the Czech language. By purchasing, the buyer agrees to the sending of commercial messages.
The buyer hereby confirms that he had a sufficient opportunity before concluding the purchase contract to get acquainted in accordance with § 1811 of the Civil Code, especially with the designation of goods and its description, price for goods, method of payment, method of delivery and amount of costs associated with delivery. information on defective performance rights and warranty rights.
These terms and conditions allow the consumer to archive them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid on the day of sending the order, including the price of the ordered goods stated in the confirmed order, unless demonstrably agreed otherwise in a particular case.

Terms and Conditions