Terms and Conditions
Of the online store https://www.newtechnology.cz
1. Basic Provisions
These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company JacLab s.r.o., registered office: Na stezce 2123/2, 100 00 Prague, Company ID No.: 06716881, VAT ID No.: CZ05411394 (hereinafter referred to as the “Seller”) are issued in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”).
1.2
These Terms and Conditions regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the online store at https://www.newtechnology.cz (hereinafter referred to as the “Online Store”).
1.3
The Terms and Conditions and the Purchase Agreement are primarily drawn up in the Czech language, unless the contracting parties agree on another language. The contractual relationship shall be governed by the legal order of the Czech Republic as in force.
1.4
These Terms and Conditions define the relationship and the rights and obligations arising therefrom only between the Seller and the Buyer – a natural person who is not an entrepreneur, and who concludes the contract exclusively outside the scope of their business activity or independent professional practice.
1.5
The Seller may amend or supplement the wording of these Terms and Conditions pursuant to Section 1752 of Act No. 89/2012 Coll., the Civil Code. Any change to the Terms and Conditions shall be announced to the Buyer via the Seller’s website, specifically at https://www.newtechnology.cz, in the section Terms and Conditions, with the effective date of the new version indicated and with the possibility to review previous versions.
The other party has the right to refuse such changes and terminate the obligation in the case of a contract concluded for long-term or repeated performance within one month from the effective date of the new Terms and Conditions.
2. Ordering Goods and Conclusion of the Purchase Agreement
2.1
The presentation of goods listed in the Online Store https://www.newtechnology.cz does not constitute an offer to conclude a contract; it is for informational purposes only, and the Seller is not obliged to conclude a Purchase Agreement regarding such goods.
2.2
The prices of goods are stated including value added tax, if the Seller is a VAT payer, but excluding postage and packaging costs. The price stated for the goods is the final price for the goods. The price is valid for as long as it is displayed in the Online Store https://www.newtechnology.cz.
2.3
The Online Store https://www.newtechnology.cz also contains, in a specific section, information about the costs associated with packaging and delivery of goods within the territory of the Czech Republic.
2.4
The costs associated with packaging and delivery of goods within the territory of the Czech Republic are always stated before the order is submitted through the Online Store. These costs are calculated according to public and private pricing lists of shipping companies, depending on weight, payment method, and delivery method selected in the order form.
2.5
Before the order is sent to the Seller, the Buyer is allowed to change and correct the data entered into the order and check the accuracy of the entered information.
2.6
The Buyer bears their own costs incurred through the use of means of distance communication in connection with the conclusion of the Purchase Agreement (telephone call charges, internet connection costs, etc.).
2.7
The Buyer orders goods by the following methods:
a) the Buyer places the ordered goods into the shopping cart of the Online Store by pressing the “Buy” button through their user account, if they have previously registered in the Online Store https://www.newtechnology.cz
b) the Buyer places the ordered goods into the shopping cart of the Online Store by pressing the “Buy” button without the need for a customer account or registration
2.8
The Buyer submits the order to the Seller by clicking the “Order” button. All data entered in the order are considered correct by the Seller. The Buyer confirms that they have filled in all mandatory data correctly to the best of their knowledge and conscience and, by clicking the “Order” button, agrees to these Terms and Conditions.
2.9
All orders submitted by the Buyer to the Seller are considered binding by the Seller.
2.10
Immediately after the order is submitted to the Seller, the Seller shall issue a confirmation of receipt of the order to the Buyer via electronic mail sent to the contact address provided by the Buyer in the order or in the user account registered at https://www.newtechnology.cz. This confirmation shall not be deemed to constitute conclusion of the Purchase Agreement.
2.11
Upon delivery of the order from the Buyer, the Seller has the right to contact the Buyer for the purpose of supplementing missing information or making changes or corrections to the order data.
2.12
If the nature of the order requires it, the Seller is entitled to contact the Buyer and request their cooperation for the conclusion of the Purchase Agreement.
2.13
The Purchase Agreement between the Seller and the Buyer is concluded only upon confirmation of the order by the Seller. The Seller shall issue the order confirmation to the Buyer and send it to the e-mail address provided by the Buyer in the order.
2.14
In the event of a technical failure on the Seller’s side, an obviously incorrect display of product prices, or a combination of discounts causing a minimum order price in the Online Store, the Seller is not obliged to deliver the goods or services to the Buyer at the displayed price. This applies even if the order has been confirmed or paid by non-cash payment method (payment card, bank transfer, or another payment method).
2.15
These Terms and Conditions apply only to purchases of goods through the online store https://www.newtechnology.cz.
3. Price
3.1
The Buyer may pay the price for the goods and any costs associated with transport and modification of the product (if provided directly in the Online Store) by the following methods:
- in cash or by payment card on delivery, at the place of parcel collection
3.2
The Buyer is obliged to pay the Seller the purchase price of the goods as well as the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price shall also include delivery costs.
3.3
In the case of cash on delivery or cash payment, the price of the goods is payable upon receipt or on the date of delivery of the goods. In the case of non-cash payment, the purchase price is due within a number of days from the conclusion of the Purchase Agreement.
3.4
In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with the specified variable symbol to the Seller’s bank account. The Buyer’s obligation is fulfilled once the relevant amount is credited to the Seller’s account.
3.5
Pursuant to Section 1820(1)(b) of the Civil Code, the Seller does not require any deposit or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods shall not be considered a deposit.
3.6
Any discounts and price advantages cannot be combined unless the Seller decides otherwise. The Buyer is always informed of possible combinations of discounts, price advantages, etc., and of the final price before submitting the order.
3.7
A tax document is issued by the Seller only after the purchase price has been paid by the Buyer and is delivered to the Buyer by e-mail to the address provided in the order and/or physically handed over upon personal collection of the goods at the Seller’s premises and/or sent together with the goods.
4. Delivery of Goods
4.1
Delivery costs according to the selected delivery method and type are always stated in the order and the subsequent confirmation issued by the Seller.
4.2
The Buyer is obliged to accept the goods at the place stated in the order; if they fail to do so, they expose themselves to the risk of non-delivery and return of the goods to the Seller. In the event of a subsequently requested repeated delivery, the Buyer acknowledges repeated transport costs in the amount of the original delivery price.
4.3
The Buyer is obliged to thoroughly inspect the parcel upon receipt from the carrier to check whether the packaging or the goods themselves are damaged. If the Buyer does not agree with accepting the goods, they are obliged to inform the carrier without undue delay. If defects in the packaging or the goods are discovered, the Buyer is not obliged to accept the parcel from the carrier.
4.4
By paying for and taking over the goods from the carrier, the Buyer acquires ownership rights and all related obligations. Upon receipt of the goods by the Buyer, the risk of damage to the goods passes to the Buyer.
4.5
The goods are delivered to the Buyer:
- through the company/companies: Česká pošta (for CZ) and DHL (for countries outside CZ)
- to the address stated by the Buyer in the order
4.6
Personal collection is free of charge.
4.7
The goods are usually handed over to the carrier within 2 business days.
4.8
A Buyer who selected collection at the store when ordering the goods is obliged to collect the goods within a certain number of days. The Seller will inform the Buyer of the possibility of personal collection by sending a message to the e-mail address or by telephone call.
5. Customer Account
5.1
A Buyer who registers in the Online Store https://www.newtechnology.cz may gain access to a user account through which they can place orders for goods. If the functionality of the store allows ordering goods without registration, the Buyer may also order goods without registration.
5.2
When registering a user account and when ordering goods, the Buyer is obliged to provide correct and truthful information. In the event of changes to the data, the Buyer is obliged to update them in the user account or report the change to the Seller without undue delay. The data entered by the Buyer are considered the only correct data.
5.3
Access to the user account is protected by a username and password. The Buyer is obliged to keep these data confidential and must not provide them to any third party; if they do so, it is at their own responsibility. The operator of https://www.newtechnology.cz stores the account access credentials of the Buyer in encrypted form.
5.4
The Seller is not liable for any misuse of the user account by a third party.
5.5
The Seller reserves the right to cancel the Buyer’s user account, especially if the Buyer demonstrably does not actively use it for a period longer than 12 months, or if the Buyer breaches obligations under the Purchase Agreement, these Terms and Conditions, or any other business arrangement with the operator of https://www.newtechnology.cz.
5.6
The operator of https://www.newtechnology.cz is not obliged to ensure uninterrupted operation of user accounts, especially in the event of planned outages, updates, or failures.
6. Withdrawal from the Purchase Agreement
6.1
According to Section 1837 of the Civil Code, the Buyer may not withdraw from the Purchase Agreement in the following cases:
- provision of services, if they were fully performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case they do not have the right to withdraw,
- delivery of goods or services whose price depends on fluctuations in the financial market independent of the entrepreneur’s will and which may occur during the withdrawal period,
- delivery of alcoholic beverages which may be delivered only after thirty days and whose price depends on market fluctuations independent of the entrepreneur’s will,
- delivery of goods adapted according to the consumer’s wishes or for their person,
- delivery of goods subject to rapid spoilage, as well as goods which have been irreversibly mixed with other goods after delivery,
- repairs or maintenance carried out at a place designated by the consumer at their request; however, this does not apply in the case of subsequent performance of repairs other than requested or delivery of spare parts other than requested,
- delivery of goods in sealed packaging which the consumer removed from the packaging and which cannot be returned for hygienic reasons,
- delivery of audio or video recordings or computer software if the original packaging was broken,
- delivery of newspapers, periodicals, or magazines,
- accommodation, transport, catering, or leisure services if the entrepreneur provides such performance on a specified date,
- contracts concluded on the basis of a public auction under the law regulating public auctions, or
- delivery of digital content not supplied on a tangible medium, if it was supplied with the consumer’s prior express consent before expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case they do not have the right to withdraw.
6.2
If the cases listed in Clause 6.1 do not apply, the Buyer is entitled under Section 1829(1) of the Civil Code to withdraw from the Purchase Agreement within 14 days from receipt of the goods.
6.3
If the order is split or contains several parts (or goods) delivered at different times, the withdrawal period begins to run from the delivery of the last part (goods).
6.4
The withdrawal from the Purchase Agreement must be sent to the Seller within this period (no later than 14 days from receipt of the last part or goods in the order).
6.5
In the event of withdrawal from the Purchase Agreement pursuant to Section 1829(1) of the Civil Code, the Seller shall return the funds received to the Buyer within 14 days from receipt of the returned goods. The Seller is not obliged to return the received funds before the goods are returned to the Seller or otherwise according to an agreement with the Buyer.
6.6
The Buyer shall return the goods to the Seller undamaged, without signs of excessive use, and not dirty or otherwise impaired. If possible, the Buyer shall also return the goods in their original packaging.
6.7
If the Seller offers several delivery methods, then in the event of withdrawal from the contract and return of the goods by the Buyer, the Buyer is always refunded the postage amount corresponding to the cheapest delivery method of the given variant. This amount is returned by the Seller to the Buyer along with the claim for refund of the purchase price.
6.8
The funds will be returned to the Buyer using the same method as that used by the Seller to receive them, unless otherwise agreed with the Buyer.
6.9
If the order includes a gift from the Seller, the Buyer is not obliged to return the gift when withdrawing from the Purchase Agreement.
6.10
Withdrawal from the Purchase Agreement must be sent to the Seller at the delivery address specified in these Terms and Conditions or to the e-mail address: info@newtechnology.cz. The Seller shall confirm receipt of the withdrawal without undue delay.
6.11
For withdrawal from the Purchase Agreement, the form provided by the Seller and attached at the end of these Terms and Conditions may be used. The withdrawal form is sent to the Buyer together with the order confirmation and is also available for download separately at https://www.newtechnology.cz.
6.12
The Seller is entitled to withdraw from the Purchase Agreement until the moment the goods are accepted by the Buyer. The Seller may do so in several cases, for example if the goods are out of stock, supply from the manufacturer or supplier is interrupted, or due to unavailability of goods and other circumstances caused by third parties.
6.13
In the event of the Seller’s withdrawal from the Purchase Agreement, the Seller shall inform the Buyer without undue delay via e-mail address, telephone, or another communication channel. All funds received from the Buyer, including delivery costs, shall be returned by the Seller in the same manner or in another manner designated by the Buyer.
7. Rights Arising from Defective Performance
7.1
Rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as amended, and by Act No. 634/1992 Coll., on Consumer Protection.
7.2
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:
- the goods have the properties agreed upon by the parties, and in the absence of such agreement, the properties described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising,
- the goods are fit for the purpose stated by the Seller or for the purpose for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship were determined according to such sample or model,
- the goods are in the appropriate quantity, measure, or weight,
- the goods comply with legal regulations.
7.3
If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective already upon receipt.
7.4
If the nature of the goods or services permits, the Buyer has the right to inspect or test the function of the product.
7.5
If the Buyer does not notify the defect without undue delay after they could have discovered it during a timely inspection and with sufficient care, the court shall not grant the Buyer the right arising from defective performance. In the case of a hidden defect, the same applies if the defect was not notified without undue delay after it could have been discovered with sufficient care, no later than two years after delivery of the goods.
7.6
If a defect occurs in the goods that prevents normal use, the Buyer may exercise the right arising from defective performance (“complaint”) and request:
- removal of the defect by delivery of new defect-free goods or by delivery of the missing part,
- a reasonable discount from the purchase price,
- removal of the defect by repair of the goods,
- withdrawal from the contract.
7.7
The Buyer is entitled to withdraw from the Purchase Agreement if the goods:
- have a substantial defect preventing normal use,
- cannot be used due to repeated occurrence of defects after repair,
- have a greater number of defects (3 or more defects).
7.8
The Buyer shall inform the Seller in writing which right they have chosen when notifying the defect, or without undue delay after notifying the Seller. The Buyer may not change the chosen remedy without the Seller’s consent, unless the Buyer requested repair of a defect that proves to be irreparable.
7.9
Until the Buyer exercises the right to a discount or withdraws from the contract, the Seller may deliver the missing item or remove the legal defect. Other defects may be remedied by the Seller at their discretion either by repair or by delivery of new goods; such choice must not cause disproportionate costs to the Buyer.
7.10
The Buyer may not exercise rights arising from defective performance if they knew of the defect upon receipt or caused it themselves.
7.11
The Seller is obliged to accept complaints at the address of the business premises, registered office, or place of business, if the nature and type of goods permits.
7.12
The Seller shall notify the Buyer in writing of the result of the complaint procedure.
7.13
The Buyer is entitled to exercise rights arising from defects that occur within twenty-four (24) months from receipt of the goods. In the case of goods with an expiry date, this period is shortened to the expiry date stated on the packaging.
7.14
If the Buyer fails to notify the defect in time, they lose the right to withdraw from the contract.
8. Out-of-Court Dispute Resolution
8.1
Mutual disputes between the Seller and the Buyer shall be resolved by the ordinary courts.
8.2
According to Act No. 634/1992 Coll., on Consumer Protection, as amended, the Buyer has the right to out-of-court resolution of a consumer dispute arising from the Purchase Agreement. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority (ČOI) at Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Information on how to proceed in out-of-court resolution of consumer disputes, including the possibility of filing a proposal, can be found at https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.
8.3
Assistance in cross-border out-of-court resolution of consumer disputes is provided by the European Consumer Centre Czech Republic (ESC ČR). The contact address is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information on individual markets, including the platform for online dispute resolution, can be found at https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.
9. Final Provisions
9.1
Arrangements arising from these Terms and Conditions and from the Purchase Agreement concluded under them between the Buyer and the Seller, in the event of the participation of a foreign entity, are governed by the laws of the Czech Republic. This does not affect the rights of the Buyer under Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).
9.2
In the event of force majeure or any outage of the Online Store, the Seller is not liable for the inability to process an order.
9.3
Different arrangements may be agreed in the Purchase Agreement, and such arrangements shall prevail over the provisions of these Terms and Conditions.
9.4
The Seller reserves the right to amend or supplement these Terms and Conditions. This provision does not affect rights and obligations arising under the previous version of the Terms and Conditions.
These Terms and Conditions become effective on 25 July 2022.
10. Complaint Procedure
10.1
This complaint procedure is an integral part of the General Terms and Conditions of the online store https://www.newtechnology.cz and defines the basic conditions and method of complaint handling for defects in goods by the Buyer.
This complaint procedure is based on Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection. It defines the relationship between the Seller and the Buyer – a natural person who is not an entrepreneur and who concludes the contract exclusively outside the scope of their business activity or independent professional practice.
10.2
The Buyer is obliged to familiarize themselves with the General Terms and Conditions and the complaint procedure before ordering goods; at the latest, the Buyer becomes familiar with them before submitting the order in the online store https://www.newtechnology.cz by confirming their understanding and acceptance by checking the relevant box during the ordering process. Without checking this box, the Buyer’s order cannot be submitted. The Seller/operator of https://www.newtechnology.cz records the Buyer’s orders and also records the checking of this box.
10.3
The conclusion of the Purchase Agreement and receipt of the goods by the Buyer are considered acceptance of the complaint procedure and the Terms and Conditions.
10.4
The Buyer is obliged to prove the purchase of the goods in the online store https://www.newtechnology.cz, in particular by means of a tax document issued by the Seller.
10.5
To speed up the complaint process, the Buyer may describe the defects of the goods and choose the method of complaint resolution.
10.6
If the order is split or contains several parts (or goods) delivered at different times, the withdrawal period starts from the delivery of the last part (goods). Withdrawal from the Purchase Agreement must be sent within this period (no later than 14 days from receipt of the last part or goods in the order).
10.7
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable that at the time the Buyer received the goods:
- the goods have the properties agreed by the parties, or in the absence of such agreement, the properties described by the Seller or manufacturer or expected by the Buyer,
- the goods are fit for the purpose stated by the Seller or for the usual purpose of such goods,
- the goods correspond in quality or workmanship to the agreed sample or model,
- the goods are in the appropriate quantity, measure, or weight,
- the goods comply with legal regulations.
10.8
If a defect becomes apparent within six months of receipt, the goods are presumed to have been defective already upon receipt.
10.9
The Seller is obliged to accept complaints at the business premises, registered office, or place of business, if the nature of the goods permits. The address for receiving complaints is:
Jaclab s.r.o., P.O. Box 34 Praha 517 15521 Czech Republic
10.10
The Seller shall notify the Buyer in writing of the receipt of the goods for complaint and of the outcome of the complaint procedure.
10.11
This complaint procedure governs complaints concerning defects that occur in the goods within twenty-four (24) months from receipt, or within the quality guarantee period (for example, an extended warranty).
10.12
This complaint procedure does not govern goods with a stated expiry date within the meaning of Clause 10.15 of these Terms and Conditions.
10.13
If the Seller fails to remove the defect in time or refuses to remove it, the Buyer may request a discount from the purchase price or withdraw from the Purchase Agreement.
10.14
The Buyer may lodge a complaint and, at their option, request resolution according to the remedies listed in Clause 6.6 of the Seller’s Terms and Conditions.
10.15
The Buyer is entitled to exercise rights arising from defects that occur in the goods within twenty-four (24) months from receipt. However, in the case of goods with a stated expiry date, this period is shortened to the expiry date stated on the packaging.
10.16
If the Buyer requests it, the Seller shall confirm in writing the extent and duration of the Seller’s obligations in the event of defective performance. The Seller’s obligations arising from defective performance shall be at least to the same extent as those of the manufacturer.
10.17
If necessary, the Seller shall explain in the confirmation, in a comprehensible manner, the content, extent, conditions, and duration of their liability, as well as how the rights arising from it may be exercised. In the confirmation, the Seller shall also state that other rights of the Buyer related to the purchase are not affected.
Failure to comply with these obligations does not affect the validity of the confirmation.
This complaint procedure becomes effective on 25 July 2022.
Delivery address for withdrawal from the contract:
info@newtechnology.cz, Jaclab s.r.o., P.O. Box 34 Praha 517 15521 Czech Republic
EET
Under the Act on Sales Records, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to record the received payment with the tax administrator online; in the event of a technical outage, no later than within 48 hours.
The Terms and Conditions are bindingly drawn up in the Czech language; other language versions are for informational purposes only. In the event of discrepancies between language versions, the Czech version shall prevail. The contractual relationship shall be governed by Czech law. All disputes arising from or in connection with this contract shall be finally decided by the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic in accordance with its rules by a sole arbitrator appointed by the President of the Arbitration Court.