Terms Of Sale

NOTE: This translation of Terms Of Sale may not be absolutely precise - it is provided here solely for your convenience. All possible claims and complaints will be judged against the czech version of these terms only.

These terms of trade are valid from July 1, 2006 until new ones are available and cover purchase agreements between supplier (seller) and customer (consumer) realized using eObchod remote online service. Prices, stock availability and products offered and mentioned here cannot be related in any way to prices, stock availability and products offered in our normal "stone" shop.

Supplier Data:
Milan Škoda – FOTO
place of business: Vodičkova 37, 110 00 Praha 1
registered at Business Register administered by Municipal Court in Prague, section A
insert number 49839
IČO: 43164536
VAT registration number (DIČ): CZ5501010163
Bank account CZK: 465444111/0100 Komerční banka
IBAN Code: CZ8001000000000465444111
SWIFT Code: KOMBCZPPXXX

Bank account EUR: 35-716220287/0100
IBAN Code: CZ5801000000350716220287
SWIFT Code: KOMBCZPPXXX

Order and order cancel / Terms of delivery / Terms of payment / Delivery expenditures / Receiving products / Warranty period, warranty claims / Discrepancy with purchase agreement / Defects covered by warranty / Returning products / Personal information protection

Terms definition

Consumer agreement – purchase agreement, contract for work or other kinds of contracts and agreements according to the Civil Code, if the contracting parties are consumer on one side and supplier (seller) on the other.
Supplier/seller – is a person who when making a contract or fulfilling a contract acts as a part of his/her own business or other contract work. It is a businessman who either directly or through other businessmen supplies the buyer with products or services.
Consumer/buyer– is a person who when making a contract or fulfilling a contract does not act as a part of its own business or other contract work. It is a physical or corporate body which buys products or services for purposes other than trading these products or services.
By the sellers binding confirmation of an order originates a purchase agreement between the seller and the buyer (consumer). Automatically generated answer/message cannot be considered a binding confirmation of the order sent - in this case, the messages is considered as order delivery confirmation whose acceptance will be later confirmed by a binding confirmation of the order.

Order and order cancel

Searching in the price list of eObchod can be performed by anybody without the need to register. A simple registration will be required when buying products and posting messages. -How to register-
Marked stock availability is only for your convenience and cannot be related to stock availability in the physical shop.
All information about products are shown according to recent available data but it is not possible to completely avoid their inaccuracy. In such a case the seller will comply with his information obligation required by law by additional correction as soon the information is available.
We confirm accepting the order and product availability by sending a messages on the provided email address the following working day at the latest. -How to place an order-
By sending an order you decide to agree with the Terms of trade of which you have been notified before placing the order.
Order can be canceled before the products are handed to the transport company, by means of eObchod application or by sending us an email message to shop@fotoskoda.cz address.

Terms of delivery

After the order is confirmed and processed the ordered products are expedited 2. working day at the latest.
I case of cash free payment the ordered products are expedited only after the money has arrived at our bank account. -Supplier data-
You will receive a proof of purchase, warranty card and czech manual with the product, if the character of the product requires it. Transport list of our contracted transport service is indivisible part of the order. -how to receive orders-
Full tax invoice/proof of purchase can only be delivered if you supply all information necessary to fill in such document.
When you order product which we do not have in stock, we will check the availability and delivery time with our suppliers. That info will be send to the email address you provided as soon as possible.
If you require the order be send all at once, please indicate so in the order form in the Note field.
In case of progressive fulfillment of the order because of product availability, the transport charges are suppliers responsibility.

Terms of payment

Prices are valid at the time of ordering. With products marked as "discount", "sale" or "special" the price is valid until the stock is sold out. Price for order confirmed by us does not change.
Prices are listed in CZK including appropriate VAT.
Transport fees are charged separately depending on type of transport you have chosen.
Payment for confirmed order can be done in one of the following ways:
1. payment in person in case of personal pick-up
2. cash-free payment using Maestro, MasterCard, Visa Electron and Visa credit cards. These payments are done via MasterCard SecureCode and Verified by Visa systems.
3. bank transfer
4. cash-free payment via eBanka online gate
In case of cash-free payment we only expedite the order after the amount is transferred to our bank account.
NOTE! In case the order has been canceled or purchase agreement has been canceled and the payment was done via credit card or eBanka gate, the sum returned will be total minus fee charged by bank for the transaction.
Price of goods, which are the so called electronic devices in the sense of code č.185/2001 Sb. about wastes in current revision, is shown including disposal of historic electro devices fee (PHE), which the seller is required to contribute to collective system. (This is based on european legislation about wastes 2002/96/ES.)
Detailed list of goods which are subject of this fee including its amount can be found here (czech, .xls, .ods)

Transport charges

Transport charges are charged extra depending on the kind of transport you have chosen. Transport charges are valid in Czech republic and Slovakia only. -How to receive orders-
Other fees (packaging for example) are not charged.
NOTE! We do not cover the transport charges in case you decide to cancel the purchase agreement.
We cover transport charges in case of valid warranty claim.

Receiving products

Ordered products can be transported by: -How to receive products-
1. DPD parcel service
2. Toptrans parcel service
3. messenger service (only in the area of Prague – in case of cash-free payment
4. personally in physical shop
We Recommend! When receiving orders transported by contracted transport service we recommend checking the outside condition of the package.
In case the outer covering of the package is damaged, do not take over the package and contact our representative.
Completeness of undamaged package is suppliers responsibility as well as delivery of missing parts.

Warranty period, warranty claims

We offer warranty period prescribed by law or prolonged warranty period according to conditions set by manufacturer or business partner.
If the character of the product requires it, the product comes with czech manual and warranty card with filled in warranty period, valid in Czech republic or in EU countries.
When receiving orders transported by contracted transport service we recommend checking the outside condition of the package. In case the outer covering of the package is damaged, do not take over the package and contact our representative.
Warranty based on damaged packaging claimed after taking the package over from the contracted transporter will be judged according to transport list signed by buyer.
Completeness of undamaged package/order is suppliers responsibility.
When claiming warranty we recommend sending warranty protocol with the product (download as pdf / xls), proof of purchase (invoice) and warranty card (if supplied with product). When sending such warranty claim by post, we will accept only insured packages, not COD (Cash On Delivery) packages. -How to claim warranty-
Warranties are processed immediately after receiving the product warranty of which you claim and the solution will be based on your selection of legal options based on character of the malfunction by repair, replacing, reasonable discount or by canceling the purchase agreement.
In case of debatable warranty claim we will make our decision in the period of up to 3 working days and if it was not decided in written form otherwise, the claim will be settled within 30 day period after you have claimed the warranty.
If you do not make your legal selection of how you wish us to settle your claim (especially by stating it in the warranty claim protocol) or if your selection does not have a support in the code, the seller will make a legal choice according to his will. In that case you will be informed about the resolution.
The seller must produce the consumer with a written certificate containing information about when consumer claimed the right of responsibility for damages, what is the subject of the claim, what kind of settlement the consumer prefers and furthermore confirmation of the date and way of settling the claim together with certificate of repair and the time it took or reason for not accepting the claim in written form. This duty also applies to other persons designated to take care of the repair.
Transport charges in case of acknowledged claim are our responsibility.
Warranty in warranty period do not cover product defects caused by:
1. improper usage in contrast with product manual
2. mechanical damage or wear-out
3. natural disasters (water, fire, lightning)
Warranty on computer programs covers only the damage of the media.

Rights arising from responsibility for defect – conflict with purchase agreement

Seller is responsible to the buyer that the product sold is in accordance with purchase agreement (especially that it does not have any defects) at the moment of take over.
In case the product is not in accordance with purchase agreement at the moment of takeover („conflict with purchase agreement" from now on), the buyer has the right that the seller put the product in accordance with the purchase agreement free of charge and without unnecessary delay and according to buyers wish by exchanging the product or by repairing it; if such procedure is not possible, the buyer can demand adequate discount from the price of the product or cancel the purchase agreement. The above does not apply if the buyer knew about the conflict with purchase agreement or he caused the conflict with purchase agreement himself.
Conflict with purchase agreement which shows up during six month starting product takeover is considered existing during takeover if it doesn't conflict with the character of the product or if it is not proved otherwise.

Rights arising from responsibility for defect – warranty defects

When a fixable defect shows up the buyer has right to demand for its correction without undue delay. If it is not unproportional to the character and extent of defect, the buyer has right to demand exchange of the product or if the defect affects only part of the product exchange of that part of product. If this approach is not possible, the buyer can demand adequate discount from the price of product or cancel the purchase agreement.
If an uncorrectable defect shows up, which prevents normal use of product as if there was no defect, the buyer has right to have the thing exchanged or to cancel purchase agreement. Same rights belong to buyer even if the defects can be corrected but the buyer cannot use the thing in a normal way because of repeated appearance of the same defect or numerous other defects (practically, third same defect or any fourth defect is considered as a reason to exercise rights arising from responsibility for defect as if the defect was uncorrectable).
If there are other uncorrectable defects and the buyer does not demand exchange of the product he has a right to demand adequate discount or he/she can withdraw from the agreement.

Returning products

It is possible to withdraw from the purchase agreement (without stating reason and without sanction) in the period of 14 days from takeover of the product if the purchase agreement was closed from distance (using internet). Withdrawal from the purchase agreement must be delivered in 14 days from product takeover (download as pdf / doc), it is not enough just to send the product without formal withdrawal from purchase agreement. Please note, that it is not possible to solve prospective warranty claim this way – please see chapter about warranty claims and responsibility for defects. -How to return products-
Products can be returned in person in the physical shop or by sending as insured package, not COD package.
Money is returned by bank transfer on the account stated or, upon agreement, the money can be returned by other means. Money is returned within 30 days from receiving withdrawal from purchase agreement.
Transport fee is not returned in case of withdrawal from purchase agreement. If the payment was carried out using bank transfer, credit/debit card or via eBanka gate, the sum returned will be total price of product minus transaction fee (transport charges not returned).
In case a computer program is being returned. the right to withdraw from purchase agreement ceases if the original packaging of this program is damaged.
If a computer program is a part of product delivery (as an accessory of a product) and the original packaging of this program is damaged, the sum returned will be lesser by the amount necessary to obtain original computer program. In such a case the software with damaged packaging remains a buyers property.
The product can be returned if it was not supplied and modified according to customers specifications, does not show signs of damage and all purchase documents related to the product like proof of purchase (shortened or full invoice), warranty card (if supplied with product), czech manual (if character of goods requires it), accessories (if part of product) and original packaging are returned.
In case a damaged or incomplete product is returned the sum returned will be lowered by expenditures connected with product repair or price of accessories missing.

Personal Information Protection:

Usage and processing of personal data supplied by you is subject of code n..101/2000 Sb. about personal data protection. Data supplied are used solely for the purpose of dutiful processing and order fulfillment and will not be available to other subject than the processor.

These Terms of sale were consulted with Sdružení obrany spotřebitelů ČR (SOS ČR – www.spotrebitele.info). This is certified by unique SAOP logo about undergone SOS – Spotřebitelského auditu obchodních podmínek (Consumer audit of terms of sale), which can be found on http://www.spotrebitele.info/audit/doc/0007.pdf
In case of doubt about these terms of sale you can consult us at phone number: (+420) 224 239 940