Terms and conditions

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) 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 our chosen transport company.

Delivery by shipping company – in the Europe Union (EU) - PRICES
In the case of delivery to a destination in the EU, the price depadns on your delivery country and in the case of goods one packaging size of which exceeds 2 m, the carriage fee amounting is more.

If the order value exceeds 350 €, 520 €, 1000 € including VAT (depadns on your delivery country), no carriage fee is charged for goods up to 2 m. If the order value exceeds 680 €, 1000 €, 1500 € including VAT(depadns on your delivery country), no carriage fee is charged for goods over 2 m.

The delivery date is affected by the distance from the Czech Republic

Delivery by shipping company – outside the Europe Union (EU) - PRICES
In the case of delivery to a destination outside the EU, the basic price for such delivery is HERE and in the case of goods one packaging size of which exceeds 2 m, the basic carriage fee amounting price HERE is charged. Extra carriage fee will ba charged independently to size of package after check of export department with connection to your address.

The delivery date is affected by the distance from the Czech 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. Delivery by shipping company:
a) Online payment PayU; After sending the order, you will be automatically redirected to the secure page of the PayU payment gateway.
b) Online payment PayPal; After sending the order, you will be automatically redirected to the secure page of the PayPal payment gateway.
c) 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

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. 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.
d) Invoice; This option is available only to partners with a signed business cooperation agreement.

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: