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Business Conditions of FOMEI s.r.o. – Purchase of Goods

I.) INTRODUCTORY PROVISIONS

These Business Conditions of FOMEI s.r.o. for the Purchase of Goods (hereinafter also referred to only as the “BC for the Purchase of Goods”) regulate the legal relationships arising from Contracts concluded by the Supplier in accordance with III/1 (1.2) of these BC for the Purchase of Goods, FOMEI s.r.o., Company Registration No. 46504869, with the registered office in Praha 8, U Libeňského pivovaru 2015/10, Postal Code 18000, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 275265, (hereinafter also referred to only as the “FOMEI Company” or the “Supplier”), and by the Customer in accordance with III/1 (1.3) of these BC for the Purchase of Goods.

These BC for the Purchase of Goods govern legal relations of all Contracts which are defined in these BC for the Purchase of Goods (i.e. purchase contracts and contracts for software licence transfer), if the FOMEI Company is the Seller or Assignor and unless agreed otherwise in writing by the Supplier and Customer.

These BC for the Purchase of Goods shall apply in the case a Contract is concluded under these BC for the Purchase of Goods (i.e. purchase agreements or software licence transfer agreements) using the means of distant communication, i.e. web application (e-shop) of the Supplier and concluding a Contract through the e-shop and also concluding a Contract in accordance with these BC for the Purchase of Goods by e-mail (e-mail communication).

In the case of purchasing on e-shop the Customer in accordance with III/1 (1.3) of these BC for the Purchase of Goods confirms by placing his or her order that he/she has familiarised with these BC for the Purchase of Goods, agrees explicitly with them in the version in force and in effect at the moment the order is sent.

These BC for the Purchase of Goods which are part of the Contract in accordance with these BC for the Purchase of Goods are posted on the Internet (eshop.fomei.com) in the version in force and in effect at the moment the Customer sends his or her order.
Contract under these BC for the Purchase of Goods is created when an order is sent by the Customer after he or she has chosen the goods, shipment and payment methods and when the order is accepted by the FOMEI Company.

Legal relationships between the FOMEI Company and the Customer are governed by the law of the Czech Republic and act no. 89/2012 Sb., of the Civil Code.
United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna on 11 April 1980 (published under no. 160/1991 Sb.) shall not apply to either the Contract or legal relationship between the FOMEI Company and the Customer and is excluded.

Warning:
These BC for the Purchase of Goods are not applicable to any contracts entered by and between the Customer and the FOMEI Company the subject-matter of which is service delivery and which are governed by Business Conditions – Providing Services.

If there is a Master Purchase Agreement entered by and between the FOMEI Company and the Customer, its provisions take precedence over the provisions of these BC for the Purchase of Goods.

II.) INFORMATION FOR CONSUMERS BEFORE CONCLUDING CONTRACT

The FOMEI Company does hereby provide the Customer who is the Consumer in the sense of these BC for the Purchase of Goods, i.e. person (natural person) concluding the Contract with the FOMEI Company or who otherwise deals with the company beyond this person’s entrepreneurial activity or individual performance of his or her employment, with the following pre-contractual information:

1. Under s. 1811 (2) and s. 1824 of act no. 89/2012 Sb, of the Civil Code (hereinafter also referred to only as the “Civil Code”) the FOMEI Company shares the following data before concluding contract:

a) his/her identity, or as the case may be also the telephone number or address to which e-mail messages will be delivered or another contact detail: FOMEI s.r.o., address for service: Machkova 587, 500 11 Hradec Kralove, Czech Republic, telephone number: +420 495056500, e-mail: obchod@fomei.com.
b) labelling goods or services and description of their main properties:
goods are labelled, including the description of their main properties, when choosing goods in the e-shop and when putting them in the shopping cart. If the contract is concluded by the way of e-mail communication, the goods labels and description of their main properties are specified in the offer of the FOMEI Company, which is sent to the Consumer to his or her communication e-mail prior to concluding the Contract.

c) price of the goods and, as the case may be, method of its calculation including all taxes, fees and charges:
Price of the goods in the e-shop is given including VAT and also without VAT and it includes all charges specified in legal regulations.
E-waste disposal related costs are included in the price of the goods under act no. 185/2001 Sb., as amended. For information about civic amenity sites, go to www.remasystem.cz and www.ekolamp.cz and www.ecobat.cz.
If the contract is concluded via e-mail communication, price of the goods is specified in the offer of the FOMEI Company, which is sent to the Consumer’s communication e-mail prior to concluding the Contract.

d) mode of delivery and delivery related costs
mode of the goods delivery can be chosen as specified below.
Delivery (shipment) related costs vary based on the price of the ordered goods, selected purchase/delivery method and the consignment size or the haulage contractor.
Specific amount of delivery (shipment) related costs without VAT are displayed in the e-shop when the order is placed.

If the contract is concluded by e-mail, the Consumer chooses the shipment mode and delivery price from the modes specified below before a binding order is placed or prior to concluding the contract.

A) Collecting goods in person in the shop

Collecting goods in person in the shop – Czech Republic
If collecting the goods in a shop located in the territory of the Czech Republic is selected, with this method of delivery being possible only based on the current offer of such shops specified in the e-shop, then in the case of goods the value of which does not exceed CZK 800 (VAT included) carriage fees and package fees will be charged amounting to CZK 60 (VAT included).

Collecting goods in person in the shop - Slovak Republic 
If collecting the goods in a shop located in the territory of the Slovak Republic is selected, with this method of delivery being possible only based on the current offer of such shops specified in the e-shop, then in the case of goods the value of which does not exceed EUR 29 (VAT included) carriage fees and package fees will be charged amounting to EUR 4 (VAT included).

If the goods falls in the Profisortiment category, it is not possible to collect them in the shop labelled as only “Partner’s Shop”. It is possible to deliver such goods as follows:
1. collecting the goods in the shop labelled as the “Proficentrum” type
2. having the goods delivered by a shipping company (see letter B/ below)
3. collecting the goods directly in the shop’s storing facility located at FOMEI s.r.o., Machkova 587, 50011 Hradec Králové after a prior agreement on business days between 7 a.m. and 2 p.m.
In the case of collecting the goods in person in the shop, it is also possible to arrange for another delivery mode in this shop; such orders, however, are not uploaded in the system of the FOMEI Company, but in the system of the shop and the order status cannot be tracked even if you are registered customers. Delivery of goods and terms of delivery are governed by the agreement with the shop.

B) Delivery by a shipping company

If using a shipping company services, and unless ordered by a registered customer, it is necessary to complete the shipping address prior to sending the order. The goods are delivered by the General Parcel shipping company (hereinafter also referred to only as the “GP”).

Delivery by shipping company – Czech Republic
In the case of delivery to a destination in the Czech Republic, the basic price for such delivery is CZK 151 including VAT and in the case of goods one packaging size of which exceeds 2m, the carriage fee amounting to CZK 356 including VAT is charged.

If the order value exceeds CZK 6,000 including VAT, no carriage fee is charged.
The goods are normally delivered within 5 business days within the Czech Republic.

Delivery by shipping company – Slovak Republic
In the case of delivery to a destination in the Slovak Republic, the basic price for such delivery (C.O.D.) is EUR 8 including VAT and in the case of goods one packaging size of which exceeds 2m the carriage fee amounting to EUR 20.00 including VAT is charged.
If the order value exceeds EUR 240 including VAT, no carriage fee is charged.
The goods are normally delivered within 10 business days within the Slovak Republic.

e) payment method

If the goods are ordered through the e-shop, a choice from the following payment methods can be made out of the options offered within the order placed via the e-shop:

1. Collecting the goods in person: payment of the full charged amount including VAT, i.e. price of the goods/services and delivery (shipment) related costs including VAT made upon the moment the goods are accepted either in cash or by payment cards
2. Delivery by shipping company:
a) Cash on delivery: payment of the full charged amount including VAT, i.e. price of the goods/services and delivery (shipment) related costs including VAT made upon the moment the goods are accepted from the shipping company
b) Bank account transfer: payment of the full charged amount including VAT, i.e. price of the goods/services and delivery (shipment) related costs including VAT made prior to the delivery of goods/services based on the invoice sent to the Consumer. Payment is made to the account specified in the invoice. The invoice is attached to the e-mail message in which the FOMEI Company confirms that the order has been accepted and which is sent to the e-mail address specified by the Consumer. After the payment of the charged amount has been made in full in accordance with the invoice the goods are sent using the shipping company
c) PayU – Payment gateway which enables the following online payment methods:
a. MojePlatba by Komerční banka
b. ePlatba for eKonto provided by Raiffeisenbank, a.s.
c. mPeníze provided by mBank
d. GE Money Bank
e. Fio Bank
f. Sberbank (formerly Volksbank )
g. Standard bank transfer
h. payment by Visa, MasterCard, Visa Electron, Maestro payment cards
i. superCASH

Payment of the charged amount in full including VAT, i.e. price of the goods and delivery (shipment) related costs including VAT, is made prior to the delivery of goods. Payment is made in accordance with the instructions for the selected payment method. After the charged amount is paid in full, the goods are sent by the shipping company.

f) information about rights arising from defective performance and rights arising from warranty and other terms and conditions to exercise these rights:

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE:

Goods (things) are defective if they are not in compliance with the Contract.
The FOMEI Company is liable to the Consumer for the thing being free of defects upon acceptance. The FOMEI Company is especially liable to the Consumer that at the moment the Consumer receives the thing,

(i) it has the properties the parties agreed upon and if there is no such agreement it has the properties described by the FOMEI Company or the producer, or the properties expected by the Consumer with respect to the nature of the goods and based on advertising,
(ii) it is suitable for the purpose specified by the FOMEI Company or the purpose things of this type are usually used for,
(iii) it is in compliance with the agreed on sample or template concerning quality and design if the quality or design is specified based on the agreed sample or template,
(iv) it is in relevant quantity, size or weight,
(v) it is in compliance with and meets the requirements of legal regulations.

If a defect occurs within six months from the day the thing is received, the defect is considered to exist at the time of the acceptance.

The Consumer has the right to exercise the rights arising from defect which occurs in consumer goods within 24 (twenty four) months from the day the goods are received or within a longer warranty period if so provided or stipulated. It does not apply if the goods have already been used or are second-hand, in which case the Consumer is entitled to exercise the right arising from defect (applies only in case of defects with respect to which the FOMEI Company is bound) and which occurs in used second-hand goods within 12 (twelve) months from the day it is received.

If the thing lacks the above mentioned properties, the Consumer has the right to request the following:

(i) delivery of a new thing free of defects unless it is inadequate with respect to the nature of defect,
(ii) if the defect concerns only part of the thing, the Consumer can request only replacement of the part;
(iii) if the replacement in accordance with the aforesaid is not possible or if it is not possible to deliver a new thing, the Consumer has the right to withdraw from the purchase contract.
(iv) however, if it is inadequate due to the nature of the defect, especially if the defect can be removed without delay, the Consumer is entitled to the defect removal for free.

The Consumer has the right to a new thing delivery or replacement of its part also in the case of a defect which can be removed if the thing cannot be used properly due to repeatedly occurrence of the defect after it has been removed or in the case of several defects. In such case the Consumer has the right to withdraw from the Contract.
If the Consumer does not withdraw from the Contract or does not enforce the right for a new defect-free thing delivery, replacement of its part or repair of the thing, he or she can request a reasonable discount.
The Consumer has the right to a reasonable discount also if the FOMEI Company cannot supply a new defect-free thing, replace its part or repair the thing, and also if the supplier does not remedy the situation within a reasonable period of time or in the case such remedy would cause substantial problems to the Consumer.
The Consumer has no right arising from defective performance if the Consumer knows prior to accepting the thing that the thing is defective or if the Consumer causes the defect himself/herself.
If the thing is defective, and the FOMEI Company is liable for the defect and the thing is being sold for a lower price or it is second-hand, the Consumer is entitled to a reasonable discount instead of the thing replacement.

Rights arising from defect shall not apply:

a) to things sold for a lower price concerning the defect with respect to which the lower price is stipulated,
c) in the case of a second-hand thing with respect to defects corresponding to its use or its wear and tear the thing already featured when received, or
d) if it arises from its nature.

If the sold item (goods), its packaging, user guide or advertisement has a specified period of usability in accordance with the legal regulations, the provisions on warranty are used.

QUALITY WARRANTY:

The FOMEI Company provides a quality warranty for goods beyond the liability for defective performance.

The warranty period is 24 months unless a different warranty for quality period is stipulated or one-sidedly provided (e.g. data in the bill of delivery, tax document, warranty card, etc.) or if the warranty is not excluded.
In the case the goods, its packaging or manual or another goods related document have a specified period of lifetime, durability or usability, which expires before the warranty period of 24 months is over, the warranty period lasts only for the period of durability, lifetime or usability specified on the goods, its packaging, manual or another goods related document.
Quality warranty starts on the day the goods are accepted.
The warranty applies to material defects, functional defects or defects caused during delivery (shipment) of goods.

Exclusions from warranty:

Warranty does not apply to used or damaged goods (thing) sales unless explicitly stipulated or explicitly one-sidedly provided (for example, information on the bill of delivery, tax document, etc.) warranty including specific warranty period for that particular goods.
Warranty does not apply to defects caused by external incidents after the rights related to the danger of damage to property have been transferred to the Consumer (i.e. after the thing has been accepted).
Warranty does not apply to delivery defects caused: by the Consumer’s fault, using the consignment in contradiction to the instructions of the manufacturer or the FOMEI Company, by further use of either damaged or incomplete or other (including the delivery of the same type with different product or serial numbers) delivery, by not performing regular standard user inspection and maintenance in accordance with the producer’s instructions (in any form, and especially in the enclosed manual), by incorrect installation done by the Consumer, by inappropriate storing, wrong use, computer viruses, by using consumables in a way not corresponding with their original specification, manipulations with the delivery by a person other than person authorized to perform service unless the Consumer proves that the aforesaid manipulation did not cause the defect. The FOMEI Company is not liable for any damage caused by a third person, atmospheric discharge in the power grid, electrostatic discharge, plugging in a power grid which is not in compliance with the relevant CSN standard and by chemical influences. Warranty does not apply to damage caused as a consequence of natural disasters, violent damage, weather conditions or operations under extremely unusual conditions (excessive dustiness, wetness, etc.) or in an aggressive environment. Warranty does not apply to any damage to the device caused by excessive mechanical wear and tear.
Warranty does not apply to goods (things) or their parts which get worn out or which are consumed (e.g. cartridges, toners, print heads, light bulbs, fluorescent lamps, discharge tubes or batteries) if the damage or their decreased functionality is caused by wear and tear due to using the goods (thing).
Warranty does not apply to cases of any non-functionalities of software originally supplied by the FOMEI Company caused by the Consumer or a third person’s intervention in the installed software settings. The FOMEI Company bears no liability for compatibility of its supplies with other devices and software applications if no requirements for functionality are explicitly made by the Customer.

Consumables:
The FOMEI Company explicitly warns that no liability for defective performance or quality warranty applies to wear and tear caused by regular use of the goods (thing) and cannot be mistaken for lifetime, durability or usability of the goods (thing).
If any consumables (e.g. cartridge, toner, print head, light bulb, fluorescent lamp, discharge tube or battery) are included in the packaging or are subject-matter of a supply, their lifetime is specified on the product, its packaging, in the manual, etc.; if the lifetime is not specified in accordance with the aforesaid, it is 6 months. The right to make defect related claims within the statutory or provided time period (starting on the day the goods are accepted) is not prejudiced by the aforesaid, however, it must be taken into consideration that defective performance related rights and/or warranty do not apply to wear and tear caused by standard using of the thing and that it cannot be mistaken for either lifetime and/or durability. Lifetime means the tendency to wear and tear caused by standard use. If such goods are used, it is probable that any resulting defects are caused by standard wear and tear; it cannot be excluded, however, that it actually concerns defective performance or a defect covered by warranty.

Software licence transfer agreement:
In the case of deliveries concerning software licence transfer the warranty provided by the supplier applies exclusively to physical unreadability of the media and defects of hardware accessories to the software (HW key, etc.) and it does not apply to software functionality. All warranties concerning the software functionality arise exclusively from the warranty terms included in the “licence agreement” of the software producer. The Consumer has the right to claim that the defect is to be removed if the defect is covered with the warranty; it does not apply to software which is governed by the “licence agreement” of the software producer.

LIABILITY FOR DEFECTS CLAIM PROCEDURE:

Rights related to defects can be claimed by the Consumer from the FOMEI Company. For that purpose, the following contact details can be used:
E-MAIL: servis@fomei.com
ADDRESS: Machkova 587, 500 11 Hradec Kralove, Czech Republic
FAX: +420 495056511 
TELEPHONE: +420 495056505

If the Consumer claims the defect in person (makes a complaint), the FOMEI Company issues a written report on when the Consumer exercised the right, what the subject of the complaint is and how the Consumer wants the complaint to be dealt with; it also confirms the date the complaint is settled and how, including the confirmation concerning the repair done and its length, or reasons for rejecting the complaint in writing. Complaints shall be dealt with within 30 days from the day the complaint is made, unless stipulated otherwise with the Consumer. Neglect of time in the case the complaint is justified is considered a substantial breach of the contract and the Consumer can withdraw from such contract.

If the complaint is made by an e-mail or letter where e-mail address is given, the confirmation of the complaint shall be sent to the Consumer by e-mail together with all the elements specified in the paragraph above.
If the complaint is justified, the Consumer is entitled to the complaint related costs payment; these can especially be postage costs (sending the goods to the supplier).

g) information about the obligation duration and terms of the obligation termination if the contract is concluded for indefinite period of time:
Contracts concluded under these BC for the Purchase of Goods with FOMEI s.r.o. are not contracts concluded for indefinite period of time and the obligation duration or terms related to terminating such obligation are not specified.

h) information about the digital contents functionality including technical protective measures:
this information is included in the order of goods from the e-shop in the goods description where the Consumer has an opportunity to read it, before concluding the contract or before placing a binding order. If the contract is concluded by e-mail, this information is sent to the Consumer together with the goods description before a binding order is made or prior to concluding the contract.

i) information about digital contents compatibility with the hardware or software which are known to the entrepreneur and if it can be reasonably expected that he/she could know:
this information, in the extent known to FOMEI Company based on available data, is included in the order of goods from the e-shop in the goods description where the Consumer has an opportunity to read it, before concluding the contract or before placing a binding order. If the contract is concluded by e-mail, this information is sent to the Consumer together with the goods description before a binding order is made or prior to concluding the contract.

2. Under s. 1820 (1) of the Civil Code the FOMEI Company does hereby perform its obligation to provide the Consumer with information prior to concluding the contract or before a biding order has been made.

a) costs concerning using distant communication means if these are different from the basic rate:
The FOMEI Company charges no costs related to distant communication means; this does not exclude costs the Consumer pays at his/her expense to its distant communication service provider for any distant communication means or its use.

b) information about any potential obligation to pay an advance or to make a similar payment if required: If the delivery of goods using a shipping company is chosen and within this option payment to the bank account is selected, payment of the charged amount in full including VAT, i.e. price of the goods and Delivery (shipment) related costs including VAT is made prior to the goods delivery based on the invoice sent to the Consumer. Payment is made to the bank account specified in the invoice. Invoice is sent in the attachment to e-mail confirming the order acceptance by the FOMEI Company, which is sent to the e-mail address specified by the Consumer. After payment of the charged amount in accordance with the invoice is made in full, the goods are sent using the services of the shipping company.
If the delivery of goods using a shipping company is chosen and within this option payment via PayU is selected, the payment of the charged amount in full including VAT, i.e. the price of goods and delivery (shipment) related costs, is made prior to the goods delivery. Payment is made in accordance with the instructions for the selected payment method. After payment of the charged amount is made in full, the goods are sent using the services of the shipping company.
The same procedure applies to situations when contract is concluded by e-mail if the Consumer chooses the aforesaid delivery methods and payment either to bank account or via PayU.

c) in the case of a contract the subject-matter of which is repeated performance, the shortest time period for which such contract is binding for the parties is specified as follows:
The contract concluded with the Consumer is not a contract with repeated performance and the shortest time period of its duration is not specified.

d) in the case of a contract concluded for indefinite period of time or the subject-matter of which is repeated performance, information about price or the method of its calculation for one accounting period, which is always one month, if the price is not changeable:
Contract concluded with the Consumer is not a contract for indefinite period of time or contract with repeated performance, so that no information concerning the price or the method of its calculation is specified.

e) in the case of contracts concluded for indefinite period of time or the subject-matter of which is repeated performance, information about all taxes, charges and costs related to the goods or service delivery using the selected method in accordance with the letter b):
Contract concluded with the Consumer is not a contract for indefinite period of time or contract with repeated performance, so that no information about taxes, charges and delivery of goods or services related costs, with the exception of the information concerning the price of the goods and shipping which are displayed as part of the delivery order or which are sent to the customer by e-mail in the supplier’s offer.

f) if the right to withdraw from contract can be exercised, the conditions, time period and procedures to exercise the right, as well as the contract withdrawal from the requirements of which are specified in the implementing legislation:

i. unless otherwise stipulated, the Consumer has the right to withdraw from the concluded contract without disclosing the reason for withdrawal within the period of 14 days which starts on the day the contract is concluded, if the contract is;

b. a contract the subject-matter of which is several types of goods or delivery of several parts, from the day the last delivery of goods is accepted;
c. A contract the subject-matter of which is regular repeated delivery of goods, from the day the first delivery of goods is accepted.

ii. If the Consumer is not informed about his/her right to withdraw from Contract under s. 1820 (1) letter f) of the Civil Code specified in the previous paragraph, the customer is entitled to withdraw within one year and fourteen days from the beginning of the period for withdrawal in accordance with its beginning as specified in the previous paragraph. However, if the Consumer was informed about the right to withdraw from the contract within the aforesaid period, the fourteen-day period for withdrawal starts on the day the customer receives this information.

iii. The Consumer cannot withdraw from Contract:

a. on providing services if these were performed (completed) with his/her prior explicit consent before the period for withdrawal from the Contract expired,
b. on supply of goods or services the price of which is dependent on divergences of the financial market regardless the will of the FOMEI Company and which can occur during the period for withdrawal from the contract,
c. on the supply of goods which were adjusted in accordance with the Consumer’s requirement or for the Consumer,
d. on the supply of perishable goods as well as the goods which were irretrievably mixed with some other goods,
e. on repair or maintenance performed in s place specified by the Consumer at the Consumer’s request; however, this does not apply to subsequent performance of other than requested repairs or supply of other than requested spare parts,
f. on the supply of goods in a sealed package which the Consumer takes out from such package and which cannot be returned due to hygienic reasons,
g. on the supply of either audio or video recording or a computer program if the original package is opened,
h. on the delivery of newspapers, periodicals or magazines and journals,
i. on accommodation, transport, catering or leisure time if these are performed within the specified period,
j. on the delivery of a digital content unless provided on a physical medium and which is delivered with the Consumer’s explicit consent given in advance before the period for withdrawal from the Contract has expired
iv. The FOMEI Company does hereby inform the Consumer before concluding the Contract that:

The Consumer does not have the right to withdraw from the Contract the subject-matter of which is providing services if these services have been performed before the period for withdrawal from the Contract has expired with the prior explicit consent of the Consumer.
The Consumer does not have the right to withdraw from the Contract the subject-matter of which is the supply of digital contents which was not delivered using a physical medium and which was delivered with the explicit prior consent given by the Consumer before the period for withdrawal from the Contract has expired.

v. The FOMEI Company does hereby explicitly warn the Consumer that by giving his/her consent to these BC for the Purchase of Goods the Consumer requests, that:

the performance of Contract on providing services starts before the period for withdrawal from contract has expired (i.e. deadline is 14 days from concluding the contract) and agrees that:
if the service is provided before the period of 14 days from the day the contract is concluded expires, the Consumer is not entitled to withdraw from the Contract,
if providing the service starts before the period of 14 days from the day the contract is concluded is over, the Consumer shall pay amount proportionate to the stipulated price for the performance provided up to the moment of the withdrawal from the contract to the FOMEI Company (if the stipulated price is inadequately high, the Consumer shall pay part of the price proportionate to the corresponding market price of the provided performance)
the digital contents under the Contract which is not supplied using a physical medium are delivered by the Supplier before the period of 14 days for withdrawal from the Contract is over (i.e. 14 days from the day the contract is concluded) and agrees that if the digital content which is not delivered using a physical medium is delivered to the Consumer before the 14-days period from the day the contract is concluded has expired, then the Consumer is not entitled to withdraw from the Contract.

vi. The Consumer can use a template form to withdraw from the Contract; the template form is enclosed to these BC for the Purchase of Goods and it is also available from eshop.fomei.com – in the Warranty and Complaint Terms and Conditions tab where the form can be downloaded in the pdf format. The Consumer sends the completed form by mail or by e-mail to addresses given below. The FOMEI Company does not make it possible to withdraw from the Contract using the template form by completing it and sending online. The Consumer is not obliged to use the template form. If the Consumer decides not to use the template form, he/she must inform the FOMEI Company by a one-sided legal act with the addressee specified (for example, by sending a letter using the postal services provider to the FOMEI Company address: Machkova 587, 500 11 Hradec Králové, or by an e-mail sent to: ).

vii. The Consumer is entitled to withdraw from the Contract in accordance with the right to withdraw as specified above and is not obliged to give reasons for such withdrawal and there are no sanctions in connection with exercising such rights to withdrawal. If the Consumer decides to exercise the right to withdraw from the Contract in accordance with the aforesaid, the period for withdrawal is considered kept if the Consumer within this period sends a notice to the FOMEI Company informing the company about his/her withdrawal from the Contract (deadlines and periods for withdrawal are given above).

viii. If the Consumer withdraws from the contract, he/she sends or hands over the delivered goods to the FOMEI Company without delay, no later than fourteen days from the day of such withdrawal from the Contract. The goods shall be sent to or handed over in person at Machkova 587, 500 11 Hradec Králové. The deadline is considered to be kept if the customer sends the goods before the period of 14 days has expired.

ix. In the case of withdrawal from the Contract in accordance with the aforesaid, the FOMEI Company shall return all the financial means including all delivery related costs (except for any additional costs arising in connection with the method of delivery the Consumer chose and which is different from the cheapest delivery offered by the FOMEI Company and which was received under Contract) without delay, but no later than fourteen days from the day the Consumer withdraws from the Contract in the same way – using the same payment method which was used to perform the transaction unless the Consumer explicitly specified otherwise. The Consumer bears no costs related to returning the financial means. If the Consumer withdraws from the Contract, the FOMEI Company is not obliged to return the received financial means to the Consumer before the Consumer returns the goods or proves that the goods have been sent.

x. The Consumer bears liability for any decrease in the goods value as a consequence of handling the goods in a way different from the way necessary to learn about the nature and properties of the goods including their functionality.

g) information, that in case of withdrawal from the Contract the Consumer will pay all expenses related to the return of the goods and if the contract was concluded using means of distance communication, the expenses for return of the goods, if these goods cannot be returned using standard mail services due to its nature:
The consumer bears any direct expenses related to returning the goods. If the goods cannot be returned by standard mail services, the Consumer is bear the direct expenses for the return of the goods in the amount which corresponds to the expenses and the price of the chosen method of returning the goods. Estimated expenses, the amount of which is not known by the FOMEI Company and out of its control, may range from CZK 150 to CZK 500 (VAT included).

h) information about the obligation to pay proportionate part of the price in the case of withdrawal from the Contract the subject-matter of which is the providing of services and the performance of which has already started
The Consumer is obliged to pay to pay proportionate part of the price in the case of withdrawal from the Contract the subject-matter of which is the providing of services and the performance of which has already started

i) in the case of Contract under s. 1837 l) of the Civil Code, the information that the Consumer cannot withdraw from the Contract or under which conditions his/her right to withdraw from the Contract is terminated
For the Contract on delivery of digital content (digital content are data which are produced and delivered in the digital form, e.g. computer programs, applications, games, music, videos or texts, regardless if they are acquired by download, streaming, another media or any other method), the Consumer, under s. 1837 l) of the Civil Code, has no right to withdraw from the Contract on digital content delivery which was not supplied on a physical medium and if it was delivered with the prior explicit consent of the Consumer before the period for the withdrawal from the Contract expired.

The FOMEI Company hereby notifies the Consumer, that the Consumer’s confirmation of these BC for the purchase of goods is considered consent to the delivery of the digital content which is not on a physical medium shall be delivered before the 14 day period for the withdrawal from the Contract expires (i.e. 14-day period after the day the Contract is concluded) and that the Consumer has no right to withdraw from the Contract if the digital content, which is not supplied on a physical medium, is delivered to the Consumer before the 14-day period after the conclusion of the Contract expires.

j) information about the existence, method and conditions for out-of-court settlements of customer complaints including data if the complaint may be presented to the supervisory body or government supervision:
In the case of potential complaints, the Consumer may contact the FOMEI Company at:

FOMEI s.r.o., Machkova 587, 500 11 Hradec Kralove, Czech Republic
E-mail: obchod@fomei.com
Telephone: +420 495056500

According to act no. 634/1992 Sb, on Consumer protection, the Consumer has the right to out-of-court settlement of Consumer disputes arising from the Contract. The subject authorized to conduct the out-of-court settlement is the Czech Trade Inspection Authority.
The out-of-court settlement of Consumer dispute starts exclusively based on the proposal of the Consumer and only if the dispute could not be settled directly with the FOMEI Company. The proposal to begin a Consumer dispute can be submitted no later than 1 year from the day, when the Consumer exercised his right which is the subject matter of the dispute with the FOMEI Company at first.
The website of the Czech Trade Inspection Authority where more detailed information is presented: www.coi.cz.
The realized deliveries are subjects to, among others, act no. 634/1992 Sb., on Consumer protection, where the supervisory body is the Czech Trade Inspection Authority or the relevant trade office to which complaints can be presented.
The interpretation of concepts and terms given in this Notice before the conclusion of the Contract will be based on the definitions of concepts and terms in these BC for the Purchase of Goods specified below.

III.) GENERAL PART

III./1 DEFINITIONS AND GENERAL PROVISIONS

1. Definitions of terms
1.1. Contract means a purchase contract or software licence transfer contract concluded between the Supplier and the Customer.
1.2. Supplier means FOMEI s.r.o.
1.3. Customer means the Consumer or Entrepreneur or Non-Entrepreneurial Person
1.4. Consumer means every person (natural person) who enters into Contract with the Supplier (FOMEI s.r.o.) or otherwise deals with the Supplier outside the scope of the Consumer’s entrepreneurial activities or outside the scope of his/her independent job performance.

1.5. Entrepreneur means every person (natural person and legal entity) who is self-employed and does business at his/her own account and liability based on a trade or similar licence with the aim to do so continuously for the purpose of making profit and in the connection with such activity concludes the Contract with the Supplier (FOMEI s.r.o.) or otherwise deals with the Supplier.
1.6. Non-Entrepreneurial Person means any other person (natural person or legal entity) but neither Consumer nor Entrepreneur who concluded a Contract with the Supplier (FOMEI s.r.o.) or otherwise deals with the supplier.
1.7. Supply or delivery means either delivery of goods or software licence transfer.
1.8. Subject-matter of supply means goods or software licence transfer including documents necessary for their acceptance and the software use. Instead of the Subject-matter of supply, labels on the goods can also be used for the purpose of these BC for the Purchase of Goods.
1.9. Place of Performance means the place of delivery of either goods or software.
1.10. Time of Delivery means the time the goods are handed over by the Supplier and accepted by the Customer or by the first shipping company (purchase contract) or the time the software is handed over by the Supplier and accepted by the Customer or by the first shipping company (software licence transfer contract).
1.11. Price means the stipulated price of the goods or price of software licence transfer.
1.12. Completion of delivery means performance of the Supplier’s obligation to supply/provide Subject-Matter of delivery.
1.13. For the purposes of the BC for the Purchase of Goods, Software licence means:
a) authorization to exercise the rights to use the software under the definition of use specified in s. 12 of act no. 121/2000 Sb., on copyright and rights related to copyright and on amendments to certain acts (hereinafter also referred to only as the “Copyright Act”),
b) proprietary or other rights to the software (computer program) copies for the purpose of use, not for the purpose of further transfer.
1.14. Software producer means the author of the software or person authorized to exercise the right to use it (licence holder in the sense of the Copyright Act) if the authorization to exercise the right to use the work also includes the right to make copies of it or the right to distribute the original or its copies.

2. Identification of Customer and its importance for the application of the Civil Code and these BC for the Purchase of Goods for the Consumer, Entrepreneur and Non-Entrepreneurial Person
2.1. Condition for placing an order in the e-shop is either registration or one-time identification. Persons who register themselves or choose the one-time identification are fully liable for true and complete data they provide and they are also liable for any damage arising in connection with providing false and/or incorrect data. The Supplier is not able to verify if the provided data are true and/or correct.
2.2. The Customer can purchase on the e-shop based on a one-time identification without the need to register. During the process of placing an order, the e-shop offers the Customer a form to complete the data concerning this one-time identification. The Customer agrees that the Supplier will communicate in the electronic form to the e-mail address given when identifying in the e-shop and confirms that messages and communication delivered in his/her e-mail inbox are delivered to where they can access them.

2.3. The Customer can purchase on the e-shop also based on his/her registration. The e-shop offers a form to complete the registration data to the Customer. Completing the obligatory registration data by the Customer and consent to sending the registration form (by pressing the key) is the Customer’s application for registration. Data to access the e-shop are:
a) Login name chosen by the Customer,
b) Password provided by the Supplier (it is recommended that the Customer changes the password provided by the Supplier when logged in for the first time)
The Customer who was provided login password to his/her registration application is a registered customer.
Registered customer agrees that the Supplier will communicate in the electronic form by e-mail which the Customer provided when registering in the e-shop and conforms that that messages and communication delivered in his/her e-mail inbox are delivered to where they can access them.
The Customer is aware of the necessity to handle the login and password carefully in order to avoid their abuse.
2.4. Placing an order via e-shop is conditioned by providing at least the following data:
a) in the case of a person (Natural person): name and family name, address and in the case of a self-employed person conducting business activities based on a trade or similar licence at his/her own account and liability with the aim to do so continuously for the purpose of making profit and in connection with this activity places and order together with his/her name and family name, or the company name if any, its registered office and the company registration number (Company ID number);
b) in the case of a Legal entity: its name and registered office – and in the case of a legal entity conducting business activities based on a trade or similar licence at his/her own account and liability with the aim to do so continuously for the purpose of making profit and in connection with this activity places and order together with his/her name and family name, or the company name if any, its registered office and the company registration number (Company ID number).

2.5.The Customer is considered an Entrepreneur, especially if he/she provides the following data:

a) corporate name, or
b) company registration number (“Company ID”) or
c) tax identification number (Tax ID”) or
d) any information based on which it is clear that they are involved in business subject to a trade or a similar licence under special regulations or
e) any information based on which it is clear that they operate in agricultural production and are entered in the register under special regulation, or
f) any information based on which it is clear that they are entered in the Commercial Register or in the trade register.

2.6. The Customer who is considered to be an Entrepreneur in accordance with the aforesaid for the purpose of these BC for the Purchase of Goods agrees with these BC for the Purchase of Goods and declares that the purchase concerns his/her business activities and swears that such statement is true
2.7. If the Customer is a Consumer, the Contract is governed by the existing Civil Code in force as of the day the order is placed, and to which special provisions of the Civil Code on the protection of consumers apply, as well as the special provisions of the Civil Code on the sale of goods in shops. Contract concluded with the Consumer is governed by these BC for the Purchase of Goods in full with the exception of the provisions which explicitly concern the Customer, who is an Entrepreneur or Non-Entrepreneurial Person.
2.8. If the Customer is a Non-Entrepreneurial Person, the Contract is governed by the existing Civil Code in force as of the day the order is placed and to which special provisions of the Civil Code on the purchase of goods in shops apply. Contracts with a Non-Entrepreneurial Person are governed by part I) Introductory Provisions and part III) General Provisions of these BC for the Purchase of Goods with the exclusion of provisions in part III) which explicitly concern the Customer who is an Entrepreneur, and from part IV concerning Contracts with Consumers only the provisions which are explicitly referred to in part III) with respect to the relationship with the Customer, who is a Non-Entrepreneurial Person, shall apply.
2.9. If the Customer is an Entrepreneur, Contracts are governed by the existing Civil Code in force as of the day the order is placed and to which general provisions of the Civil Code apply. Contracts with Entrepreneurs are governed by part I) Introductory Provisions and part III) General Provisions of these BC for the Purchase of Goods with the exclusion of the provisions in part III) which explicitly concern the Customer who is a Consumer or a Non-Entrepreneurial Person and in part IV) concerning Contracts concluded with Consumers only the provisions which are explicitly referred to in part III) in connection with the relationship with the Customer who is an Entrepreneur, shall apply.
2.10. Rights and obligations of the Parties to Contract not explicitly specified within the scope of these BC for the Purchase of Goods, are governed by law included in generally binding legal regulations, i.e. in the Civil Code, and in the case software is supplied, also the Copyright Act.

2.11. Information about handling personal data of natural persons (people)

Consent of the customer who is a natural person and processing their personal data are subject to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection regulation) effective as of 25 May 2018 (hereinafter also referred to only as the “Regulation”).

The Supplier (i.e. FOMEI s.r.o., Company Registration Number 46504869, with its registered office at Praha 8, U Libeňského pivovaru 2015/10, Postal Code 18000, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 275265), which is the personal data controller in the sense of the relevant legal regulations, is entitled to process all the personal data provided by the Customer, i.e.:

data based on which the Customer or persons acting on behalf of the Customer are unambiguously and unmistakably identified (e.g. name and family name, address or permanent residence; in the case of the Customer who is a natural person – entrepreneur – name, family name, registered office, company registration number (“Company ID”), tax identification number (“Tax ID”) and other data based on which it is clear that the person is self-employed or entered i the relevant register); and

data which enable to contact the Customer (e.g. address for service, telephone number, e-mail address and other similar data)

without the Customer’s consent as they are processed for the purpose as follows:

performance and completion of Contract (especially after the Goods have been delivered, also through a third party, i.e. contractual shipper/haulage company/shop based on the method the Customer chooses with respect to the time suitable for the Customer, etc.)

performance of basic statutory obligations of the Supplier (especially obligations specified in the area of accounting, tax administration, archiving, dealing with complaints, returning the price in the case of withdrawal from the Contract, etc.)

protection of legitimate interests of the Supplier or a third party (especially after it has been proven that the Contract was concluded, duly performed and completed together with the obligations arising from it, such as delivery of Goods, dealing with any potential complaints, receiving/returning the price; an also generally in order to inquire about the Customer’s satisfaction and communication with the Customer, etc.)

Providing the above mentioned personal data is purely voluntary; however, without providing them it is not possible to conclude a contract, i.e. the Supplier cannot perform under and complete the Contract or obligations imposed on it by statutory regulations or protect legitimate interests of the Supplier or of any third parties unless the personal data are provided by the Customer.

Personal data are processed by the Supplier who is the data controller in the sense of the relevant legal regulations. Processing is performed in the Controller’s registered office or its business premises by the individual authorized employees of the Controller or by other processors. Data are processed automatically using IT technologies and also manually while observing technical and security mechanisms to guarantee the highest possible protection of the processed data against unauthorized access or transfer, loss or destruction, or other abuse.

The Supplier provides or can provide personal data to:

  • FOMEI SLOVAKIA, s.r.o., subsidiary company of the Controller, either directly on its behalf and its account and also on the Collector’s behalf and at its expense, which operates in the territory of the Slovak Republic;
  • contractual partners of the Controller, especially subjects providing the Controller with the customer related services, or subjects providing or coordinating sending messages, etc.;
  • public authorities or other subjects performing their statutory obligations specified by special regulations, especially administrative agencies, courts, supervisory authorities, etc.;
  • other subjects if necessary in order to protect the Controller’s rights, e.g. legal representatives, tax consultants, etc.

    Processing is performed in the Controller’s registered office or its business premises by the individual authorized employees of the Controller or by other processors. Data are processed automatically using IT technologies and also manually while observing technical and security mechanisms to guarantee the highest possible protection of the data processed against unauthorized access or transfer, loss or destruction, or other abuse.

    All subjects who can get access to personal data respect the right to privacy protection and they are obliged to proceed in accordance with the existing legal regulations concerning personal data protection in accordance with the legislation or contracts concluded with the Supplier.

    The Customer (natural person) as the data subject has the right to request from the Supplier the access to personal data, their rectification or erasure, or restrictions of processing, and also to object to such processing as well as the right to data portability.

    The Supplier’s contact details are as follows:

    Telephone: +420 495056509
    E-mail: bisko@fomei.com
    Address: FOMEI s.r.o., Machkova 587, 500 11 Hradec Kralove, Czech Republic

    The Customer (natural person) as the data subject has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection with the registered office at Pplk. Sochora 27, 170 00 Praha 7, www.uoou.cz.

    For further information go to and read the document “Information about Personal Data Processing and Protection”.

    3. General rights and obligations of the Supplier and the Customer

    3.1. The Supplier undertakes to perform the delivery in the Place of delivery stipulated in the Contract and in the case of the purchase contract in the place specified by the Customer and in the Time of delivery stipulated in the Contract.
    3.2. The Customer undertakes to pay the stipulated price in the stipulated way to the Supplier
    3.3. The Customer undertakes to cooperate with the Supplier without unnecessary delays as may be necessary to perform the Supplier’s obligations arising from the Contract and these BC for the Purchase of Goods timely and duly.
    3.4. The Customer undertakes to familiarise in detail before the first use of the Subject-matter of the delivery with all the rules contained in manuals and handbooks of the producer and/or the Supplier, which are part of the delivery. The Customer undertakes to inform the Supplier in writing if he/she has any questions or doubts about the rules of using the Subject-matter of the delivery immediately after familiarising with the enclosed documents and until explanation is provided by the Supplier not to use the Subject-matter of the delivery.

    4. Price and payment terms and conditions

    4.1. Price, including all costs related to the shipment (transport) of the Subject-matter of delivery in the case of purchasing via e-shop, specified in the e-shop before a binding order is made by the Customer, and in the case of e-mail communication it is specified in the Supplier’s offer, always as the price without VAT and also the price with VAT and the delivery (shipment) related costs without VAT and the delivery (shipment) related costs with VAT. If more delivery (shipment) options are offered, each of these options is also given with and without VAT and the Customer chooses one of these offered shipment options.
    The Customer can choose from the following delivery (shipment) and payment methods:

    1. Collecting the goods on person:
    payment of the charged amount including VAT, i.e. the price of the subject of delivery and delivery (shipment) related costs including VAT in full is made upon the reception and acceptance of goods either in cash or by payment card.

    2. Using a shipping company:
    a) C.O.D.: payment of the charged amount including VAT, i.e. the price of the subject of delivery and delivery (shipment) related costs including VAT in full is made upon the reception and acceptance of goods from the shipping company
    b) Transfer to bank account: payment of the charged amount including VAT, i.e. the price of the subject of delivery and delivery (shipment) related costs including VAT in full is made before the goods are delivered based on the invoice sent to the Customer. Payment is made to the bank account given in the invoice. The invoice is enclosed to e-mail messages sent to the e-mail address provided by the Customer together with a document confirming that the order was accepted by the Supplier. After the payment of the charged amount has been made in full the goods are sent using a shipping company.
    c) PayU – Payment gateway enabling the use of online payment methods: payment of the charged amount including VAT, i.e. the price of the subject of delivery and delivery (shipment) related costs including VAT in full is made before the goods are delivered. Payment is made in accordance with the selected payment method instructions. After the payment of the charged amount in full is made the goods are sent by a shipping company.

    4.2. The Customer undertakes to pay the requested price to the Supplier either upon the reception of the goods (delivery option: Collecting in person and/or sending by a Shipping company with C.O.D. payment) or in advance (delivery option: Sending by a Shipping company with the payment made to bank account: or PayU), unless stipulated otherwise in the Contract. The Supplier shall issue a tax document corresponding with the supply.

    5. Performing and completing delivery

    5.1. Unless the Time for Delivery is otherwise stipulated in the Contract, the Supplier’s deliveries will be performed (completed) in accordance with its operational capacity and the operational capacity of the Supplier’s contractual partners as soon as possible.

    5.2. Unavoidable events, such as vis major, interventions-from-above, shipping or customs delays, strikes, closures, etc. and circumstances not caused by the Supplier entitle the Supplier to extent the Time of delivery one-sidedly or to withdraw from the Contract.
    5.3. Upon reception and acceptance of the goods, danger of damage to and loss of the goods is transferred to the Customer.

    III./2 TYPES OF CONTRACTS DEFINITION

    6. Purchase contract
    6.1. In the Purchase Contract the Supplier undertakes to hand over the goods to the Customer in the arranged Place of Performance and enables the Customer to acquire the possessory title and the Customer undertakes to accept the goods and pay the stipulated price.
    6.2. The Customer receives the goods in the place the Customer chooses in the binding order or in the concluded Contract.

    7. Software licence transfer agreement

    7.1. Software licence transfer agreement is an agreement on transfer of the right to use a software copy in accordance with the relevant provisions of the Copyright Act and which is subject to payment.
    7.2. The Customer is entitled to copy, translate, process, adjust or otherwise modify the software only in accordance with the licence agreement of the software producer which he/she accepted either by opening the original software packaging or by agreeing with the “licence agreement” during the software installation.
    7.3. The Parties agreed that if the Customer is in default with payment of the price for 30 days, the right to use the copy of the software and the authorization to exercise the right of the software use if transferred to the Customer, is forfeited on the day following the lapse of the aforesaid period and it must be uninstalled immediately and cannot be used anymore and its further use cannot be enabled. The Customer is not entitled to interfere with the software in any way, copy it or otherwise changed with the exceptions in accordance with the licence agreement of the producer or in accordance with the existing legal regulations in force. The Customer is not entitled to interfere with the software in any way, or in the software documentation and handed over materials, copy it beyond the authorizations specified in the Copyright Act or by the relevant software licence transfer agreement, enable their use by third parties or use them as a model to develop software computer programs, all this in contradiction to the software licence transfer agreement or the Copyright Act. Making copies to a hard drive or another portable data storage media, as well as making copies of paper documents, is considered reproduction.
    7.4. As the case may be, the Customer undertakes to return the hardware key or any other device for protecting against unauthorized use of the software no later than 30 days after the right to use the software, or the authorisation to use the software, expires (e.g. in the case of the product upgrade).
    7.5. In the case of any contradictions between the software licence transfer agreement and relevant “licence agreement” of the producer, the producer’s “licence agreement” takes precedence.

    III./3 WARRANTY AND DELIVERY INSPECTION

    8. Warranty

    8.1. Beyond the defective performance liability, the Supplier provides a quality warranty, i.e. is liable for defects which occur in the goods after they have been accepted during the warranty period (hereinafter also referred to only as the “Warranty”).
    8.2. The Warranty Period is 24 months, unless a different warranty period in terms of quality is otherwise stipulated or one-sidedly provided (for example, in the bill of delivery, tax document, etc.) or unless warranty is excluded.
    8.3. In the case the goods, their packaging or manual on another documentation the life time, durability or usability period is specified which expires sooner than the 24-month warranty period, the warranty period is of the same length as the life time, durability or usability period specified on the goods, their packaging or in the manual or another documentation.
    8.4. Quality warranty starts on the day the goods are accepted. The warranty applies to defects of material, functional defects or defects arising in connection with the transport of the goods.

    9. Warranty exclusions

    9.1. Warranty shall not apply to sales of either used or damaged goods (things), unless such warranty is explicitly stipulated or explicitly one-sidedly provided (for example, in the bill of delivery, tax document, etc.) including the specific warranty period with respect to the goods.
    9.2. Warranty shall not apply to defects if these are caused after the danger of damage to the thing transfers to the Customer (i.e. after the acceptance of the goods) by an external event. Warranty shall not apply to defects of delivery caused by: through the Customer’s fault, use in contradiction with the producer’s or Supplier’s instructions, further use of damaged or incomplete or otherwise (including deliveries of the same type of goods with different product or serial numbers) deliveries, failure to perform regular standard user inspection and maintenance in accordance with the producer’s instructions (in any form, especially those specified in enclosed manuals), incorrect installation by the Consumer, wrong storage, incorrect use, computer viruses, use of consumable in a way not corresponding to original specifications, manipulations with the delivery by person other than the person authorised to perform service, unless the Consumer proves that the defect was not caused by the aforesaid manipulation. The Supplier is not liable for any damage caused by third persons, is not liable for any damage caused by a third person, atmospheric discharge in the power grid, electrostatic discharge, plugging in a power grid not in compliance with the relevant CSN standard and by chemical influences. Warranty does not apply to damage caused as a consequence of natural disasters, violent damage, weather conditions or operations under extremely unusual conditions (excessive dustiness, wetness, etc.) or in an aggressive environment. Warranty does not apply to any damage to the device caused by excessive mechanical wear and tear.
    9.3. Warranty shall not apply to goods (things) or their parts which tend to wear and tear or which are used up (such as cartridges, toners, print heads, light bulbs, fluorescent lamps, discharge tubes, batteries) if their damage or decreased functionality is caused by using the goods (thing).
    9.4. Warranty does not apply to cases of any non-functionalities of software originally supplied by the FOMEI Company caused by the Consumer or a third person’s interference with the installed software settings. The Supplier bears no liability for compatibility of its supplies with other devices and software applications if no requirements for functionality are explicitly made by the Customer.

    10. Consumables

    10.1. If any consumables (e.g. cartridge, toner, print head, light bulb, fluorescent lamp, discharge tube or battery) are included in the packaging or are subject-matter of a supply, their lifetime is specified on the product, its packaging, in the manual, etc.; if the lifetime is not specified in accordance with the aforesaid, it is 6 months.
    10.2. The right to exercise any defect related claims within the statutory or provided time period (starting on the day the goods are accepted) is not prejudiced by the aforesaid, however, it must be taken into consideration that defective performance related rights and/or warranty do not apply to wear and tear caused by standard using of the thing and that it cannot be mistaken for either lifetime and/or durability. Lifetime means tendency to wear and tear caused by standard use. If such goods are used, it is probable that any resulting defects are caused by standard wear and tear; it cannot be excluded, however, that it actually concerns defective performance or defects covered by warranty.

    11. Software

    11.1. In the case of deliveries concerning licence software transfers the warranty provided by the Supplier applies exclusively to physical unreadability of the media and defects of hardware accessories to such software (HW key, etc.) and it does not apply to software functionality. All warranties concerning the software functionality arise exclusively from the warranty terms included in the “licence agreement” of the software producer. The Consumer has the right to claim that the defect is removed if the defect is covered with the warranty; it does not apply to software which is governed by the “licence agreement” of the software manufacturer.

    12. Delivery inspection

    12.1. Upon the reception and acceptance of delivery the Customer is obliged to inspect the delivery immediately if it is in accordance with the issue slip/delivery note or the bill of delivery or bill of lading or another delivery related document. In the case of apparent defects including any discrepancies of quantity, measure or weight or if the packaging is damaged, the Customer is obliged to make a claim immediately, especially mark them immediately upon reception and have it confirmed by the person who hands over such goods (by a shipping company). The Customer undertakes to inform the Supplier immediately about such defects and the Supplier undertakes to provide the Customer with necessary cooperation. If the Customer accepts any goods which are apparently damaged or incomplete or otherwise defective and confirms by attaching his/her signature that he goods were duly handed over, it is impossible to make a complaint later. If the Customer confirms the acceptance of goods without reservations, it is presumed that the goods were accepted without any apparent defects.

    12.2. If any defects occur later than upon the acceptance of delivery, the Customer is obliged to inform the Supplier immediately after the defect could have been ascertained by the Customer during the Customer’s timely inspection and proper care.
    12.3. In the notification of a warranty covered defect the Customer shall give a detailed specification of the defect. If the Customer’s complaint proves to be unjustified, the Customer is obliged to pay all the costs related to the complaint proceedings, including transport related costs, etc.

    13. For entrepreneurs

    13.1. Rights related to liability for defects and arising from warranty are exercised by the Customer who is an Entrepreneur using the contact details specified in 19.1 of these BC for the Purchase of Goods and the Entrepreneur is obliged to prove the acquisition of goods under 19.2 of these BC for the Purchase of Goods.
    13.2. Unless otherwise stipulated, any complaints of the Customer who is an Entrepreneur are dealt with by the Supplier in one of the following ways: a) by delivering the missing part of the delivery; b) by providing discount; c) by removing defects for free; d) by replacing the delivery. In the case of licence deliveries, complaints are settled in one of the following ways: a) by delivering the missing licence part; b) by replacing the medium.

    14. Special notification for consumers and non-entrepreneurial persons

    14.1. Rights of the Customer who is a Consumer and who is subject to special provisions of the Civil Code on the consumer’s protection and also special provisions of the Civil Code on the sales of goods in shops and also part IV of these BC for the Purchase of Goods concerning Contracts with Consumers, are not prejudiced by the provisions of part III of these BC for the Purchase of Goods.
    14.2. Rights of the Customer who is a Non-Entrepreneurial Person subject to some special provisions of the Civil Code on the sales of goods in shops and article 18 (Defective performance related rights) and from article 19 (liability for defects claim procedure) where only 19.1 – 19.4 apply, are not prejudiced by part III of these BC for the Purchase of Goods. Rights related to liability for defects and arising from warranty are exercised by the Customer who is a Non-Entrepreneurial Person using the contact details specified in 19.1 of these BC for the Purchase of Goods and 19.1, 19.2, 19.3 and 19.4 of these BC for the Purchase of Goods shall also apply to him/her.

    IV.) PART CONCERNING CONTRACTS WITH CONSUMERS

    IV./1 WITHDRAWAL WITHOUT DISCLOSING THE REASON FOR WITHDRAWAL

    15. Possibility to withdraw and the period for withdrawal

    15.1. Unless otherwise stipulated, the Consumer has the right to withdraw from the concluded contract without disclosing the reason for withdrawal within the period of 14 days which starts on the day the contract is concluded, if the contract is:

    a) purchase contract, from the day the goods are accepted;
    b) a contract the subject-matter of which is several types of goods or delivery of several parts, from the day the last delivery of goods is accepted;
    c) A contract the subject-matter of which is regular repeated delivery of goods, from the day the first delivery of goods is accepted.

    15.2. The Consumer cannot withdraw from Contract:

    a) on providing services if these were performed (completed) with his/her prior explicit consent before the period for withdrawal from the Contract expired;
    b) on supply of goods or services the price of which is dependent on divergences of the financial market regardless the will of the FOMEI Company and which can occur during the period for withdrawal from the contract,
    c) on the supply of goods which were adjusted in accordance with the Consumer’s requirement or specifically for the Consumer,
    d) on the supply of perishable goods as well as the goods which were irretrievably mixed with some other goods,
    e) on repair or maintenance performed in a place specified by the Consumer at the Consumer’s request; however, this does not apply to performance of other than requested repairs or supply of other than requested spare parts,
    f) on the supply of goods in a sealed package which the Consumer takes out from such package and cannot be returned due to hygienic reasons,
    g) on the supply of either audio or video recording or a computer program if the original package is opened,
    h) on the delivery of newspapers, periodicals or magazines and journals,
    i) on accommodation, transport, catering or leisure time if these are performed within the specified period,
    j) on the delivery of a digital content unless supplied using a physical medium and delivered with the Consumer’s explicit consent given in advance before the period for withdrawal from the Contract has expired.

    15.3. By giving consent to these BC for the Purchase of Goods the Consumer explicitly requests that the digital contents under the Contract, unless provided on a physical medium, is delivered by the Supplier before the 14- days period for withdrawal from the Contract is over and agrees with the delivery before this deadline. By giving consent to these BC for the Purchase of Goods the Consumer confirms that he/she is aware of the fact that if the digital consent, which is not provided on a physical medium, is delivered before this 14-days period for withdrawal from the Contract, the Consumer is not entitled to withdraw from the Contract.

    16. Withdrawal procedure

    16.1. If the Consumer has the right to withdraw from the Contract in accordance with the aforesaid in article 15, he/she is not obliged to give reasons for such withdrawal and there are no sanctions in connection with exercising such rights to withdraw.
    16.2. The Consumer can use a template form to withdraw from the Contract; the template form is enclosed to these BC for the Purchase of Goods and which is available from eshop.fomei.com – in the Warranty and Complaint Terms and Conditions tab where the form can be downloaded in the pdf format. The Consumer sends the completed form by mail or by e-mail to addresses given below. The FOMEI Company does not make it possible to withdraw from the Contract using the template form by completing it and sending online. The Consumer is not obliged to use the template form. If the Consumer decides not to use the template form, he/she must inform the FOMEI Company by a one-sided legal act with the addressee specified (for example, by sending a letter using the postal services provider to the FOMEI Company address: Machkova 587, 500 11 Hradec Králové, or by an e-mail sent to: ).
    16.3. If the Consumer decides to exercise the right to withdraw from the Contract in accordance with the aforesaid, the period for withdrawal is considered kept if the Consumer sends a notice to the Supplier informing the company about his/her withdrawal from the Contract (deadlines and periods for withdrawal are given above).

    17. Consequences of withdrawal

    17.1. If the Consumer withdraws from the Contract, he/she sends or hands over the delivered goods to the Supplier without delay, no later than fourteen days from the day of such withdrawal from the Contract. The goods shall be sent to or handed over in person at Machkova 587, 500 11 Hradec Králové. The deadline is considered to be kept if the Customer sends the goods before the period of 14 days has expired.
    17.2. In the case of withdrawal from the Contract, the Consumer bears the costs related to return of the goods to the Supplier.
    17.3. In the case of withdrawal from the Contract in accordance with the aforesaid, the Supplier shall return all the financial means including all delivery related costs (except for any additional costs arising in connection with the method of delivery the Consumer chose and which is different from the cheapest delivery offered by the FOMEI Company and which was received under the Contract) to the Consumer without delay, but no later than fourteen days from the day the Consumer withdraws from the Contract and using the same way – using the same payment method which was used to perform the transaction unless the Consumer explicitly specified otherwise. The Consumer bears no costs related to returning the financial means. If the Consumer withdraws from the Contract, the FOMEI Company is not obliged to return the received financial means to the Consumer before the Consumer returns the goods or proves that the goods have been sent.
    17.4. The Consumer bears liability for any decrease in the value of goods as a consequence of handling the goods in a way different from the way necessary to learn about the nature and properties of the goods including their functionality.

    IV./2 DEFECTIVE PERFORMANCE RELATED RIGHTS AND LIABILITY FOR DEFECTS CLAIM PROCEDURE

    LIABILITY FOR DEFECTS CLAIM PROCEDURE

    18. Defective performance related rights

    18.1. Thing is defective if it is not in compliance with the Contract.
    18.2. Quality upon acceptance: the Supplier is liable to the Consumer that the thing has no defects upon acceptance. The Supplier is especially liable to the Consumer that at the moment the Consumer accepts the thing,
    a) it has the properties the parties agreed upon and if there is no such agreement it has the properties described by Supplier or the producer or the properties expected by the Consumer with respect to the nature of the goods and based on the advertising,
    b) it is suitable for the purpose specified by the Supplier or the purpose things of this type are usually used for,
    c) it is in compliance with the agreed on sample or template concerning quality and design if the quality or design is specified based on the agreed sample or template,
    d) it is in relevant quantity, size or weight,
    e) it is in compliance with and meets the requirements of legal regulations.
    18.3. If a defect occurs within six months from the day the thing is accepted, the defect is considered to exist upon the delivery.
    18.4. The Consumer has the right to enforce the rights arising from defect which occurs in consumer goods within 24 (twenty four) months from the day the goods are received or within a longer warranty period if provided or stipulated.
    18.5. The aforesaid in 18.4 does not apply to used consumables, where the Consumer is entitled to claim defect related rights (however, only applies to defects binding for the Supplier – for exclusions see 18.7 and 18.8 below) if such defect occurs in the case of used consumables within 12 (twelve) months from the day they are accepted.
    18.6. If the thing (goods) lacks the above mentioned properties, the Consumer has the right to request the following:

    a) delivery of a new thing free of defects unless it is inadequate with respect to the nature of defect,
    b) if the defect concerns only parts of the thing, the Consumer can request only replacement of the part;
    c) if the replacement in accordance with the aforesaid is not possible or if it is not possible to deliver a new thing, the Consumer has the right to withdraw from Contract.
    d) however, if it is inadequate due to the nature of the defect, especially if the defect can be removed without delay, the Consumer is entitled to the defect removal for free,
    e) right to a new thing delivery or replacement of its part also in the case of a defect which can be removed if the thing cannot be used properly due to repeatedly occurrence of the defect after it has been removed or in the case of several defects. In such case the Consumer has the right to withdraw from the Contract.
    f) If the Consumer does not withdraw from the Contract or does not enforce the right for a new defect-free thing delivery, replacement of its part or repair of the thing, he/she can request a reasonable discount. The Consumer has the right to a reasonable discount also if the Supplier cannot supply a new defect-free thing, replace its part or repair the thing, and also if the supplier does not remedy the situation within a reasonable period of time or in the case remedy would cause substantial problems to the Consumer.
    g) If there is a defect on the thing which is binding for the Supplier (for exclusions see 18.7 and 18.8 below) and if the thing is sold for a lower price or if it has been used, the Consumer is entitled to a reasonable discount instead of the thing replacement.
    18.7. The Consumer has no right arising from defective performance if the Consumer knows prior to accepting the thing that the thing is defective or if the Consumer causes the defect himself/herself.
    18.8. Liability for defects related right shall not apply:
    a) if the thing is sold for a lower price due to the defect with respect to which the lower price is stipulated,
    b) in the case of wear and tear of the thing caused by its standard use,
    c) in the case of a second-hand thing with respect to defects corresponding to its use or its wear and tear the thing already featured when received, or
    d) it arises from its nature.
    18.9. If the sold item, its packaging, user guide or advertisement enclosed to the goods (thing) or advertising in accordance with legal regulations has a specified period of usability according to legal regulations, the provisions on warranty are used.

    19. Liability for defects claim procedure (complaints)

    19.1. Liability for defects related rights can be claimed from the Supplier. For that purpose, please use the following contact details:
    E-MAIL: servis@fomei.com
    ADDRESS: FOMEI servis, Machkova 587, 500 11 Hradec Kralove, Czech Republic
    FAX: +420 495056511
    TELEPHONE: +420 495056505
    19.2. When making a complaint it is necessary to prove that the goods, the complaint is related to, were acquired from the Supplier (e.g. warranty card; bill of delivery to the goods; invoice, etc.).
    19.3. If the Consumer claims the defect in person (makes a complaint), the Supplier issues a written report on when the Consumer exercised the right, what the subject of the complaint is and how the Consumer wants the complaint to be dealt with; it also confirms the date the complaint is settled and how, including the confirmation concerning the repair done and its length, or reasons for rejecting the complaint in writing.
    19.4. If the complaint is made by an e-mail or letter where e-mail address is given, the confirmation of the complaint shall be sent to the Consumer by e-mail together with all the elements specified above.
    19.5. Complaints, including the defect removal, shall be dealt with within 30 days from the day the complaint is made, unless stipulated otherwise with the Consumer. Neglect of time in the case the complaint is justified is considered a substantial breach of Contract and the Consumer can withdraw from such Contract.
    19.6. If the complaint is justified, the Consumer is entitled to the defect claim (complaint) related costs payment; these can especially be postage costs (sending the goods to the Supplier).

    Out-of-court settlement of consumer disputes
    20.1. Under act no. 634/1992 Sb., on Consumer protection, the Consumer has the right to out-of-court settlements of consumer disputes arising from the Contract. Subject authorised to deal with out-of-court settlements of such disputes is the Czech Trade Inspection Authority. For more details, go to the website of the Czech Trade Inspection Authority: www.coi.cz.

    20.2. Out-of-court settlement of consumer disputes is started exclusively at the Consumer’s request and only if the FOMEI Company was not successful in settling such dispute directly. Petition to start a consumer dispute can be filed no later than 1 year from the day the Consumer exercised the right which is the subject of the dispute for the first time.
    20.3. If any attempts to settle the dispute between the Consumer and the Supplier directly fail, the Supplier shall provide the Consumer with the information specified in 20.1 in paper form or using another permanent medium.

    These Business Conditions of FOMEI s.r.o. – Purchase of Goods are applicable as of 25 May 2018 and are approved by the FOTO division director.


    Notification of Withdrawal from Contract

    Address:
    FOMEI s.r.o.
    Machkova 587
    500 11 Hradec Kralove
    Czech Republic

    I do hereby inform that I am withdrawing from the contract on purchasing these goods (*)/ on providing these services (*):
    …………………………………………………………………………………………………………………………….…..……………………………………………………………………………………………………………………………………………………………

    Ordered on (*): ……………………………………………………………………………………………………………………………..………………

    Received on (*): ………………………………………………………………………………………………………………………………………………

    Consumer’s Name and Family Name (*): ………………………………………………………………………………………………………………………………………………

    Consumer’s Address (*): ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

    Consumer’s Signature:
    (only if the form is sent in paper form)

    Date: …………………………………………



    (*) Delete as appropriate or complete.

    Please complete the form and send it back only if you want to withdraw from the contract without disclosing the reason of withdrawal.

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