Terms and Conditions of TMK system

E-shop operator:

for the sale of products and goods through the e-shop located at www.tmk.cz (hereinafter referred to as the “Goods”)

1. Information

Information about the Goods and price given by the seller is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery costs.

Information on payment methods accepted

The seller accepts the following payment terms:

1) Payment by bank transfer (account no.: 2301891563/2010, IBAN: CZ6520100000002301891563, SWIFT: FIOBCZPPXXX),

2) Cash on delivery,

3) Cash payment at the branch in Kostelec nad Labem,

4) Card payment at the branch in Kostelec nad Labem.

5) Online card payment

Acceptance of an offer with a rider or deviation is not acceptance of the offer. Confirmation of the content of a contract concluded in a form other than in writing which deviates from the actual agreed content of the contract shall have no legal effect. Acceptance of unsolicited performance by the buyer does not constitute acceptance of an offer.

2. Delivery of Goods

The seller shall deliver the Goods to the buyer complete, no later than 15 days after order confirmation, unless a different delivery period is specified for individual Goods. If the Goods are listed as “in stock”, the seller will ship the Goods within 5 working days at the latest, unless there are extraordinary events that may affect the delivery time. The buyer is obliged to accept and pay for the Goods, unless otherwise paid. The buyer is advised to check the Goods as soon as possible upon receipt.

Bike rack accessories are not included in a basic package, which includes a bike rack and lights.

The seller shall send documents for the Goods, in particular a tax document, confirmation and certificates, to the buyer immediately upon receipt of the Goods, but no later than two days after the consumer receives the Goods.

If the buyer so requests, the seller shall confirm to him/her in writing the extent and duration of its duties arising from defective performance and the manner in which the buyer may enforce rights thereunder.

Delivery method and price: The Goods are sent by the seller via PPL and Zásilkovna. The price for delivery varies according to the transport method and provider and the payment method.

If the buyer fails to take over the Goods within the agreed time in breach of his/her duty, he/she is obliged to pay the seller a storage fee for each day of delay in the amount of CZK 10, but not more than CZK 300. The seller is entitled to sell the Goods in a suitable manner after giving the buyer notice by e-mail and a new reasonable period for acceptance. The seller shall be entitled to set off the costs of storage and the costs of unsuccessful delivery of the Goods due to lack of cooperation on the buyer’s part in the amount necessary against the proceeds of the sale.

3. Cancellation of Order, Withdrawal from Contract 

The buyer may withdraw from a contract within 14 days of receipt of the Goods or the last part of a delivery, regardless of the method of receipt of the Goods or payment. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the Goods.

The buyer is also entitled to withdraw from a contract at any time before delivery of the Goods.

The buyer shall send or deliver withdrawal from a contract to the seller within 14 days. The buyer does not have to state the reason for which he/she is withdrawing from a contract. To facilitate communication, it is advisable to indicate in a withdrawal the date of purchase or the contract/sales receipt number, bank account and chosen method of return.

The seller is obliged to return to the buyer an amount fully corresponding to the price of the Goods and the costs paid for their delivery within 14 days of withdrawal from the contract, in the same way as the payment was received from the buyer. If the seller offers several options within a certain delivery method, it is obliged to compensate the buyer for the cheapest of them. The buyer is obliged to send or hand over the Goods purchased to the seller within the same period at the latest. The Goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the Goods is borne by the buyer.

If returned Goods are damaged due to a breach of the buyer’s duties, the seller is entitled to claim from the buyer compensation for the reduction in the value of the Goods and to set it off against the amount returned.

Exceptions: The right of withdrawal cannot be exercised under contracts for the supply of digital content if it was not delivered on a tangible medium or under contracts for the provision of services, in both cases provided that the performance was carried out with the buyer’s prior express consent before the expiry of the withdrawal period; furthermore, under contracts for the supply of services or Goods (including alcoholic beverages) the price of which depends on fluctuations on financial markets independently of the seller’s will; under contracts for the supply of Goods adapted to the consumer’s wishes or for his/her person; and under contracts for perishable Goods, Goods which have been irretrievably mixed with other Goods or removed from their sealed packaging and cannot be returned for hygiene reasons; for the supply of audio or visual recordings or computer programs if the buyer has damaged their original packaging; for the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure services provided within a specified period or for contracts concluded by public auction under the act governing public auctions.

4. Rights and Duties Resulting from Defective Performance

Quality on Receipt

If the Goods accepted have shortcomings (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not have the correct quantity, measure or weight, or the quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects in the Goods for which the seller is liable.

Within two years of receipt of the Goods at the latest, the buyer may claim from the seller an entitlement to the free correction of a defect or a reasonable discount on the price, as he/she requests; if it is not disproportionate to the nature of the defect (in particular if the defect cannot be corrected without undue delay), a claim may be made for delivery of a new item without defects or a new part without defects if the defect relates only to such part.

If repair or replacement of the Goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.

Within six months of receipt of Goods, it is presumed that a defect already existed when the Goods were accepted.

The seller is not obliged to satisfy the buyer’s claim if it proves that the buyer knew about the defect in the Goods before acceptance or caused it him/herself.

For used Goods, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For items sold at a lower price, the seller is not liable for a defect for which the lower price was agreed. In such cases, the buyer is entitled to a reasonable discount instead of the right to exchange.

Legal Rights under Defects

The seller is liable for defects arising after acceptance of Goods within the 24-month warranty period or within the period of use stated in an advertisement, on the Goods’ packaging or in the enclosed instructions.

Within this period, the buyer may file a claim and, at his/her option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is correctable or not):

• correction of a defect by delivery of a new item without a defect or delivery of a missing item;
• free correction of a defect by repair;
• reasonable discount on the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.

A material breach of contract is one of which the party breaching the contract already knew or must have known at the time the contract was entered into, where the other party would not have entered into the contract if it had foreseen the breach.

In the case of a defect that constitutes a non-material breach of contract (regardless of whether the defect is correctable or not), the buyer is entitled to have the defect corrected or to a reasonable discount on the purchase price.

If a repairable defect occurs repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the Goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, the exchange of the Goods or withdraw from the contract.

The seller is not liable for defects due to normal wear and tear or failure to follow the instructions for use.

5. Complaint Handling

The buyer is obliged to file a claim with the seller or the person/entity designated for repair without undue delay after the discovery of a defect. If he/she does so in writing or electronically, he/she should provide his/her contact details, a description of the defect and a request for how the complaint will be handled.

The buyer is obliged to inform the seller of the right he/she has chosen when notifying a defect or without undue delay after notification of a defect. Changing the choice without the seller’s consent is only possible if the buyer requested the repair of a defect that proves to be non-correctable.

If the buyer fails to exercise his/her right under a material breach of contract in time, he/she has the same rights as in the case of a non-material breach of contract.

The buyer is obliged to prove the purchase of the Goods (preferably with a proof of purchase). The time limit for the settlement of a claim starts from the handover/delivery of the Goods to the seller or to the place designated for repair. Goods should be packed in suitable packaging to prevent damage, and should be clean and complete when in transit.

The seller is obliged to decide on a complaint without delay, within three working days at the latest, or decide whether a professional assessment is required to make a decision. Information about the need for a professional assessment will be communicated to the buyer within this period. The seller shall deal with a complaint, including the correction of a defect, without undue delay, no later than 30 days after it is made, unless a longer period is agreed in writing with the buyer. After the expiration of this period, the buyer has the same rights as if it were a material breach of a contract.

If the seller refuses to remedy a defect, the buyer may demand a reasonable discount on the price or withdraw from the contract.

The warranty for quality is extended by the time from a claim until the claim is settled or until the buyer is obliged to collect the item. If Goods or a part thereof are replaced, the seller’s liability shall apply as if the Goods or a part thereof had been purchased new.

If it is not possible to monitor the status of a complaint on-line, the seller undertakes to inform the buyer about the handling of the complaint by e-mail or text message, as requested by the buyer.

In the case of a legitimate claim, the buyer is entitled to compensation for the costs reasonably incurred.

6. Dispute Resolution

Disputes between the seller and the buyer are resolved by the general courts.

7. Other

A consumer is a person who, unlike the seller, is not acting in the course of his/her business or profession when concluding and performing a contract.

Other matters not mentioned herein are governed by the Civil Code (Act No. 89/2012 Coll.), the Act on Consumer Protection (No. 634/1992 Coll.) and other legal regulations, as amended.

Contracts and related issues are governed by Czech law.

8.EET (Electronic Sales Records)

According to the Act on Sales Records, the seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the money received with the tax administrator online, in case of technical failure within 48 hours at the latest.

These terms and conditions are effective from 1 January 2021.