Seller: Vojtěch Špulák
Registered office: Horní Kostelec 284, 549 41 Červený Kostelec
Company ID: 04632052
VAT No.: CZ8806083605
Place of Business
Horní Kostelec 218, 549 41 Červený Kostelec
Establishment ID: 1015596321
All contractual relationships are concluded in accordance with the laws of the Czech Republic. If the contracting party is a consumer, relationships not governed by these Terms and Conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, relationships not governed by these Terms and Conditions are governed by the Civil Code (No. 89/2012 Coll.).
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms”) of the seller Vojtěch Špulák, with registered office at Horní Kostelec 284, 549 41 Červený Kostelec, Company ID: 04632052, VAT No.: CZ8806083605, entered in the trade register kept by the Náchod Municipal Authority (hereinafter the “Seller”), in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the website located at rekupex.cz (hereinafter the “Website”), through the website interface (hereinafter the “Web Interface”).
1.2. These Terms do not apply where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, within the scope of their business activity or within the scope of the independent exercise of their profession.
1.3. Provisions deviating from these Terms may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over these Terms.
1.4. These Terms form an integral part of the Purchase Contract. The Purchase Contract and the Terms are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms. Rights and obligations arising during the effective period of the previous version of the Terms are not affected.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter the “User Account”). The Buyer can also place orders without registration directly from the Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information specified in the User Account upon any change. Information provided by the Buyer in the User Account and when ordering goods is deemed correct by the Seller.
2.3. 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.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer has not used the User Account for more than six months, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed in the Web Interface are of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The Web Interface contains information about the goods, including the prices of individual items and the costs of returning goods where, by their nature, such goods cannot be returned by ordinary postal means. Prices are stated including all related charges. The Seller is a VAT payer. The final price of the goods is adjusted during the order process according to the delivery country selected by the customer. Final prices differ by delivery country due to different VAT rates in individual countries. Prices remain valid for as long as they are displayed in the Web Interface. This does not limit the Seller’s ability to conclude a Purchase Contract on individually agreed terms.
3.3. The Web Interface also contains information about costs associated with packing and delivery of the goods. The information on packing and delivery costs shown in the Web Interface applies only where goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills in the order form in the Web Interface. The order form contains in particular information about:
3.4.1. the ordered goods (the Buyer “inserts” the ordered goods into the electronic shopping cart of the Web Interface),
3.4.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods
(collectively the “Order”).
If a price is indicated that clearly constitutes a typographical or numerical error, such price is not binding and the Purchase Contract is not concluded.
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data they have entered into the Order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data in the Order. The Buyer sends the Order to the Seller by clicking the “complete order” button. The information stated in the Order is deemed correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter the “Buyer’s E-mail Address”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the Order by the Buyer (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer’s E-mail Address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer themselves and do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
in cash at Horní Kostelec 284, 549 41 Červený Kostelec;
cash on delivery at the place specified by the Buyer in the Order;
cashless by bank transfer.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
4.3. The Seller does not require an advance payment or similar payment from the Buyer. This is without prejudice to Article 4.6 of these Terms concerning the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. Where customary in commercial practice or required by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice for payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice is issued by the Seller to the Buyer after payment of the price of the goods and is sent in electronic form to the Buyer’s E-mail Address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the wishes of the Buyer or for their person; from a Purchase Contract for the supply of goods that are perishable; as well as goods that have been irreversibly mixed with other goods after delivery; from a Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons; and from a Purchase Contract for the supply of an audio or video recording or a computer program if the original packaging has been breached.
5.2. Unless it is a case referred to in Article 5.1 of these Terms or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods; where the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the model withdrawal form provided by the Seller, which forms an appendix to these Terms. The Buyer may send the withdrawal, inter alia, to the address of the Seller’s place of business or to the Seller’s e-mail address info@rekupex.cz.
5.3. In the event of withdrawal from the Purchase Contract under Article 5.2 of these Terms, the Purchase Contract is cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if, due to their nature, the goods cannot be returned by ordinary postal means.
5.4. In the event of withdrawal from the Purchase Contract under Article 5.2 of these Terms, the Seller shall return the monetary funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return performance provided by the Buyer upon return of the goods by the Buyer or in another manner if the Buyer agrees and no additional costs arise to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.
5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, cashless to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such gift loses effect and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by a method other than that specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.
6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If a breach of the packaging is found indicating unauthorised entry into the consignment, the Buyer is not obliged to take delivery of the consignment from the carrier.
6.5. Additional rights and obligations of the parties in the transport of goods may be governed by the Seller’s special delivery terms, if issued.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is liable to the Buyer for the goods being free from defects upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
7.2.1. the goods have the properties agreed by the parties, and in the absence of such agreement, such properties as the Seller or manufacturer described or which the Buyer expected given the nature of the goods and based on advertising,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions of Article 7.2 do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear which the goods had when taken over by the Buyer, or if it follows from the nature of the goods.
7.4. If a defect manifests itself within six months of takeover, it is presumed that the goods were defective at the time of takeover. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of takeover.
7.5. The Buyer exercises rights from defective performance with the Seller at the address of the Seller’s place of business, where acceptance of the claim is possible with regard to the range of sold goods, or possibly also at the registered office or place of business.
7.6. Additional rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints (claims) procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires title to the goods upon payment of the full purchase price.
8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The Seller handles consumer complaints via the e-mail address info@rekupex.cz. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s E-mail Address.
8.4. For out-of-court resolution of consumer disputes arising from the Purchase Contract, the competent authority is the Czech Trade Inspection Authority (Česká obchodní inspekce), registered office Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. A list of dispute resolution bodies in EU Member States, Norway and Iceland, including their contact details, is available here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en. Further useful information can be found on the Your Europe website.
8.5. The European Consumer Centre (ECC) Czech Republic, registered office Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. The network of European Consumer Centres for the EU, Norway and Iceland is available here: https://www.eccnet.eu.
8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out, within its competence, by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within the defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller processes the Buyer’s personal data. More information on such processing can be found on the Privacy Policy page.
10. FINAL PROVISIONS
10.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.
10.2. The choice of law under this Article of the Terms does not deprive the consumer of the protection afforded by provisions of the legal order from which it is not possible to derogate by agreement, and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the Terms is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which is as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The Purchase Contract, including these Terms, is archived by the Seller in electronic form and is not accessible.
10.5. An appendix to these Terms is the model withdrawal form.
10.6. Seller’s contact details: delivery address Vojtěch Špulák, Horní Kostelec 284, 54941 Červený Kostelec, e-mail info@rekupex.cz, phone +420 723 307 772.
These Terms and Conditions are valid from 1 May 2025.