Terms and Conditions

Business terms of Netsektor s.r.o.

Business terms and conditions of the Netsektor s.r.o. business company, ID number: 241 78 870, VAT number: CZ 241 78 870, with registered office at Krymská 56/39, Vršovice, 101 00 Prague 10, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 186004 (hereinafter referred to as "Netsektor s.r.o.", "seller" or "Netsektor").


I. General provisions

1. These general terms and conditions (hereinafter referred to as the "terms and conditions") have been drawn up in accordance with the provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "OZ") and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "the Act"), and other effective legal regulations.

2. A customer of the online store Netsektor s.r.o. is either:

2.1. consumer within the meaning of § 2 paragraph 1 letter a) of the Act (hereinafter referred to as "consumer"),

2.2. a person different from a consumer (these two types of customers hereinafter referred to as "buyers").

3. These terms and conditions regulate, in accordance with the provisions of § 1751 paragraph 1 of the Civil Code, mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through the seller's online store. The contract binds the parties. The contract can be changed or canceled only with the consent of all parties, or for other legal reasons. The contract applies to other persons only in cases stipulated by law. The fact that the party was not authorized to dispose of what is to be performed according to the contract when concluding the contract does not in itself cause the contract to be invalid. The online store is operated by the seller on a website located at the internet address https://www.code-design.cz.

4. By concluding the purchase contract, the buyer expresses his consent to these terms and conditions and to the complaints procedure, which is an integral part of these terms and conditions, and confirms that he is properly familiar with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before concluding the purchase contract and has the opportunity to become familiar with them.

5. Provisions deviating from these terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions in accordance with the provisions of § 1751 paragraph 1 of the Civil Code.

6. When concluding and fulfilling the purchase contract, the seller acts as part of his business activity. The seller is an entrepreneur who directly or through other entrepreneurs supplies the buyer with goods or services.

7. The wording of these terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.


II. Purchase contract

1. The proposal to conclude a purchase contract (offer) is the placement of the offered goods by the seller on the website. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance, e-mail: "Order confirmed"), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. The resulting contract can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. Among other things, the seller reserves the right to cancel the order or part of it if:

1.1. the goods are no longer produced,

1.2. the goods are no longer delivered,

1.3. the price of the supplier of the goods has changed significantly, or

1.4. an obviously incorrect price is displayed for the goods on the seller's website.If the buyer has already paid part of the purchase price or the entire purchase price, this amount will be returned to him



2. The procedure for shopping in the seller's online store is as follows:

2.1 The buyer places the selected goods in the basket by pressing the "Add to basket" button

2.2 If the buyer does not want to continue shopping, he chooses the option "View basket"

2.3 The buyer is obliged to fill in contact information, namely: email or phone, delivery address, first name, last name, company (optional), address, city, state, zip code. To continue shopping, the buyer selects the "Continue shopping" option by pressing the appropriate button.

2.4. In the menu called "shipping", the buyer indicates the chosen method of transport, where he has the option of free delivery of the goods with a delivery time of up to 6 weeks, or he has the option of collecting the goods in person at the address Husitská 51, Prague at the CO.DE design branch. In this step, the buyer has the opportunity to review their contact details and delivery address and change them if necessary. The buyer proceeds with his purchase by pressing the "Proceed to payment" button

2.5. Subsequently, the buyer will see his basket where he can see the goods he has chosen, the quantity of goods, the price, the subtotal. Press the "Checkout" button to enter the checkout.

3. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order. The buyer sends the order to the seller by clicking the "Complete order" button.

4. Any buyer's rights cannot be applied to gifts that are provided completely free of charge. Such goods meet the terms of the gift contract and are governed by the applicable and effective legal regulations for the gift contract. The gift contract is concluded between the seller and the consumer with the stipulation that if the consumer withdraws from the purchase contract within the 14-day period according to § 1829, paragraph 1 of the Civil Code, the consumer is obliged to return the provided gifts together with the purchased goods to the seller.

5. The seller reserves the right to cancel the order for goods marked with the term "Currently unavailable" in the event that the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the buyer does not accept this before the purchase contract itself is formed. The seller informs the buyer about this situation. If part or all of the order has been paid, the money will be returned to the buyer.

6. In the event that the buyer in the Order chooses a combination of personal collection at the seller's store and payment of the purchase price in advance (regardless of the method of payment), the seller is entitled to verify the identity of the buyer according to the identity document when picking up the goods.


III. Rights from defective performance

1. Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.

2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller answers that at the time the buyer took over the goods:

2.1. has the properties agreed upon by the parties and, in the absence of an agreement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

2.2. the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,

2.3.the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

24. the goods are in the appropriate quantity, measure or weight and

2.5 comply with the requirements of legal regulations.

3. If the goods do not have the above-mentioned characteristics, the buyer can also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. The buyer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if the goods cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.

4. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part or to repair, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the buyer.

5. If a longer period is not specified for individual goods, the buyer is entitled to exercise the right from a defect that occurs in the consumer goods as follows:

5.1. for new goods within twenty-four months of receipt;

5.2. for unpacked goods within twenty-four months of receipt;

5.3. for refurbished goods in accordance with § 2168 of the Civil Code within twenty-one months of receipt; and for used goods in accordance with § 2168 of the Civil Code within twelve months of receipt.

If a defect appears within six months of receipt, it is considered that the goods were already defective upon receipt.

6. Unless otherwise stated for individual goods, the seller provides a quality guarantee to the person who purchases as part of his business activity for a period of twenty-four months from receipt for new and unpacked goods, for a period of twenty-one months from receipt for refurbished goods and for twelve months for used goods.

7. For the purposes of Article III. paragraphs 5 and 6 of these terms and conditions:

a) unpacked goods are considered goods that have only been unpacked or have damaged or replacement packaging, while such goods have not been used and the contents of the package are complete;

b) second-hand goods consider goods that may have been tested or used for a short time, while they may bear aesthetic traces of such use, but these traces do not affect usability and the goods are fully functional;

c) used goods are considered goods that have been used and bear signs of previous use, but are fully functional and all necessary accessories are always included in the package.

8. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that they had a defect, or if the buyer himself caused the defect.

9. Article III. paragraph 2 of these terms and conditions does not apply:

9.1 for goods sold at a lower price for a defect for which a lower price was agreed,

9.2 for wear and tear of the goods caused by their usual use,
9.3 in the case of used goods for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or

9.4 if it follows from the nature of the goods

10. Other rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaints procedure.

IV. Right to withdraw from the contract

1. If the purchase contract is concluded using means of distance communication (in an online store), the consumer has the right to withdraw from the contract without giving a reason within 14 days of taking over the goods, in accordance with § 1829, paragraph 1 of the Commercial Code.

2. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph, and the consumer shall state in it that he is withdrawing from the contract, ideally with the order number, date of purchase and possibly the account number for the refund.

3. To withdraw from the purchase contract, the consumer can also use the sample form provided by the seller, which forms an appendix to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer to, among other things, the address of the seller's headquarters or place of business or the seller's e-mail address info@code-design.cz.

4. In the event that the consumer withdraws from the contract in accordance with the previous paragraphs, the seller will return the funds received from the consumer (except for the amount representing additional costs for the delivery of the goods incurred as a result of the method of delivery of the goods chosen by the consumer, which is different from the cheapest method of standard delivery of the goods offered by the seller) to 14 days from the withdrawal from the purchase contract by the consumer, in the same way as the seller accepted them from the consumer, unless the consumer specifies otherwise. The seller is also entitled to return the performance provided by the consumer when the goods are returned by the consumer or in another way, if the consumer agrees to this and no additional costs are incurred by the consumer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to him or proves that he has sent the goods to the seller.

5. However, the provisions of the OZ on withdrawal from the contract within a period of 14 days according to § 1829 paragraph 1 of the OZ cannot be understood as the possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the goods according to Section 1829, paragraph 1 of the Civil Code, the consumer must return to the seller everything he received under the contract in question, including, for example, gifts, within 14 days of withdrawing from the contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are partially damaged, the seller can assert the right to compensation for damages against the consumer and set off his claim for the returned purchase price and thus return the reduced purchase price to the consumer according to § 1833 of the Civil Code.

6.In accordance with § 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, especially in the case of contracts:

a) for the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller before the conclusion of the contract informed the consumer that in such a case he does not have the right to withdraw from the contract,

b) about the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract ,

c) on the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the will of the seller,

d) on the delivery of goods that were adapted according to the wishes of the consumer or for his person,

e) on the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,

f) on repair or maintenance carried out at the location u by said consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or delivery of spare parts other than those requested,

g) for the delivery of goods in closed packaging that the consumer has removed from the packaging and for hygienic reasons it is not possible to return it (e.g. razors , depilators, etc.),

h) about the delivery of audio or video recordings or computer programs, if the original packaging has been violated,

i) about the delivery of newspapers, periodicals or magazines,

j) on accommodation, transport, catering or use of free time, if the seller provides these services within the specified period,

k) concluded on the basis of a public auction in accordance with the law regulating public auctions, or

l) about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiration of the withdrawal period and the seller informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract.

7. In the event of withdrawal from the contract, the buyer will bear the costs associated with returning the goods and, in the case of a contract concluded via a means of distance communication, the costs for returning the goods, if these goods cannot be returned by the usual postal route due to their nature.

V. Record of sales

1. According to Act No. 112/2016 Coll., on the registration of sales, as amended (hereinafter referred to as the "Act on the registration of sales"), the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

2. The seller issues receipts in accordance with the Sales Registration Act in electronic form sent by e-mail or in paper form, depending on the selected payment method and method of transport.

VI. Costs of using remote communication means

1. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself.

VII. Final Provisions

1. The seller handles buyer complaints via the electronic address info@code-design.cz. The seller will send information about handling the buyer's complaint to the buyer's e-mail address.

2.How the seller processes the personal data of the buyer is described in the section Protection of personal data of customers. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the seller of any change in his personal data without undue delay. The buyer confirms that the personal data provided is accurate.

3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection exercises supervision over the area of ​​personal data protection. The Czech Trade Inspection carries out, among other things, supervision of compliance with the Act within a defined scope.

4. These terms and conditions apply as stated on the seller's website on the day the purchase contract is concluded. The buyer's order is according to § 1826 paragraph 1 letter a) OZ, after its confirmation as a concluded contract between the buyer and the seller, is archived for the purpose of its fulfillment and other records and its status is accessible to the buyer. The purchase contract and terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language, or in other languages, as long as this is not the reason for the impossibility of concluding it.

5. In the event of a dispute between the consumer and the seller, the consumer can also use the option of out-of-court settlement of the dispute. In such a case, the consumer can contact the subject of out-of-court dispute resolution. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs and the consumer has the option proceed according to the rules stated there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection. It is also possible to start an alternative dispute resolution via the online form at https://webgate.ec.europa.eu/odr/. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

6. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).

7. The seller is authorized to do business on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection exercises supervision over the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law, in particular the Civil Code. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).

9.If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provisions will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

10. The provider is entitled to transfer rights and obligations from the purchase contract to a third party, which the user agrees to.

11. The purchase contract, including the terms and conditions, is archived by the provider in electronic form and is not publicly accessible.

12. Contact details of the seller: e-mail address info@code-design.cz.



These terms and conditions are valid and effective for purchases in online stores operated by Netsektor s. r. o. from 10 December 2019.
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