General Terms and Conditions

General terms and conditions of Unie neslyšících Brno, sociální podnik, s.r.o., (UNB) with registered office at Palackého třída 19/114, Brno 612 00, registration number (IČO) 29309158, registered in the Business Register maintained by the Regional Court in Brno, section C, file 72924, email: info@unb.cz, phone number +420 541245321. The Seller – UNB regulates, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended by later regulations ("Civil Code"), mutual rights and obligations of you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase agreement ("contract") concluded via the online store on the website www.pomuckyproneslysici.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here: https://www.pomuckyproneslysici.cz/en/personal-data-processing-policy/.

The provisions of these terms and conditions are an integral part of the contract. The contract and conditions are drawn up in the Czech language. We can unilaterally change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the conditions.

As you surely know, we communicate remotely. Therefore, our contract also applies to remote communication means that allow us to reach an agreement without the physical presence of both parties, and the contract is thus concluded remotely in the online store environment, through the interface of the website www .pomuckyproneslysici.cz.

If any part of these terms and conditions contradicts what we agreed upon together as part of the process of your purchase in our online store, this specific agreement will take precedence over the terms and conditions.

1. SELECTED DEFINITIONS

1.1. The price is the financial sum you will pay for the goods;

1.2. The shipping price is the financial sum that you will pay for the delivery of the goods, including the price for its packaging;

1.3. The total price is the sum of the price and the shipping price

1.4. VAT is value added tax according to applicable legal regulations;

1.5. An invoice is a tax document issued in accordance with the Value Added Tax Act for the total price;

1.6. The order is your irrevocable proposal to conclude a contract for the purchase of goods with us;

1.7. A user account is an account established on the basis of the data provided by you, the buyer, which enables the storage of entered data and the storage of the history of ordered goods and concluded contracts;

1.8. You are a person shopping in our online store, referred to by law as a buyer;

1.9. Goods are anything you can buy in the online store.


2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of goods is possible via the web interface of the online store: www.pomuckyproneslysici.cz

2.2. When purchasing goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided us when ordering the goods to be correct and true.

3. CONCLUSION OF THE CONTRACT

3.1. It is possible to conclude a contract with us only in the Czech language.

3.2. The contract is concluded remotely via the online store. You are responsible for covering the costs of using remote communication means. However, these costs do not differ in any way from the basic rate you pay for the use of these resources (that is, mainly for internet access), so there should not be any additional costs charged by us beyond the total price. By submitting an order, you agree to the use of remote means of communication.

3.3. In order for us to conclude a contract, you need to create an order proposal in the online store. This proposal must include the following information:

1. Information about the purchased goods (in the online store, you mark the goods you are interested in purchasing with the "Add to basket" button);
   
   
2. Information about the price, the shipping cost, the method of payment of the total price and the requested method of delivery of the goods; this information will be entered as part of creating an order proposal within the user environment of the online store, while information about the price, the shipping price and the total price will be entered automatically based on the goods you choose and the method of delivery;
3. Your identification and contact information used to enable us to deliver the goods, in particular first and last name, delivery address, phone number and email address;
   
   
4. In the case of a contract for recurring delivery of goods, we also need to know the duration of how long we will be delivering the goods to you.

3.4. During the creation of the draft order, you can change and check the data until the order is created. Once you have checked all of the relevant data, create the order by pressing the button "Place a binding order". Before pressing the button, you must confirm that you have familiarized yourself with, and that you agree with these terms and conditions. Otherwise, it will not be possible to create the order. You confirm your understanding and agreement by checking the checkbox. After pressing the "Place a binding order" button, all information from the order form will be sent directly to us.

3.5. We will confirm your order as soon as possible after it has been delivered to us, via an email sent to the email address specified in the order. The confirmation will include a summary of the order and these terms and conditions. By confirming the order on our part, a contract is concluded between both parties. The terms and conditions in the wording effective on the day of the order form an integral part of the contract.

3.6. In some cases, we may not be able to confirm your order. These are mainly situations where the goods are not available, or cases where you order a larger number of goods than is possible to deliver on our part. However, we will always provide you with information about the maximum number of items in advance within the online store, so it should not come as a surprise to you. In the event that we cannot confirm the order for any reason, we will contact you and send you an offer to conclude the contract in an amended form. In this case, the contract is concluded once you confirm our offer.

3.7. In the event that an obviously incorrect price is indicated in the online store or in the draft order, we are not obligated to deliver the goods to you at this price, even if you have received an order confirmation and thus a contract has been concluded. In such situations, we will contact you immediately and send you an offer to conclude a new contract in an amended form. In this case, the new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of it being sent, we are entitled to withdraw from the concluded contract. An obvious error in the price is considered, for example, a situation where the price does not correspond to the usual price at other sellers, or cases where a digit is missing or was added by mistake.

3.8. In the event that a contract is concluded, you are obligated to pay the total price.

3.9. If you have a user account, you can place an order through it. Even in such cases, you are obligated to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating an order is the same as in the case of a buyer without a user account, but there is no need to repeatedly fill in your identification data.

3.10. If you have a user account, you can place an order through it. Even in such cases, you are obligated to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating an order is the same as in the case of a buyer without a user account, but there is no need to repeatedly fill in your identification data.

4. USER ACCOUNT

4.1. Based on your registration in the online store, you can access your user account.

4.2. When creating a user account, it is your duty to enter all data correctly and truthfully and update it in case of any relevant changes.

4.3. Access to the user account is secured by requiring a username and a password. It is your duty to maintain confidentiality regarding these access codes. In the event that they are misused, we bear no responsibility.

4.4. The user account is personal and you are therefore not authorized to allow any third party to use it.

4.5. We can cancel your user account, especially if you do not use it for more than 2 years, or if you violate your obligations stated in the contract.

4.6. The user account may not be available continuously, especially with regard to the necessary maintenance of our hardware and software equipment.

5. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE

5.1. The price of goods is always stated within the online store, in the draft order and, of course, in the contract. In the event of a discrepancy between the price indicated for the goods in the online store and the price indicated in the draft order, the price indicated in the draft order will apply, which will always be identical to the price in the contract. As part of the draft order, the price for shipping, or the conditions under which shipping is free, is also indicated.

5.2. The total price is stated including VAT, including all fees established by law.

5.3. We will ask you to pay the total price after concluding the contract and before providing the goods. You can pay the total price in the following ways:

1. By bank transfer. We will send you payment information as part of the order confirmation. In case of payment by bank transfer, the total price is due within 30 days.

2. By card online. In such cases, payment is made through the payment gateway of Unie neslyšících Brno, sociální podnik, s.r.o., whereas payment is governed by the terms of this payment gateway, which are available at: www.pomuckyproneslysici.cz. In case of payment by card online, the total price is due within 24 hours.

3. Cash on delivery. Payment will be made upon delivery of the goods. In case of payment by cash on delivery, the total price is payable upon receipt of the goods.

4. Cash upon in-person pickup. You can pay for the goods in cash if you pick them up at our UNB center. In the case of payment in cash upon in-person pickup, the total price is payable upon receipt of the goods.

5.4. The invoice will be issued in electronic form after payment of the total price and will be sent to your email address. A copy of the invoice will also be delivered together with the goods, as well as available in the user account.

5.5. Ownership of the goods is transferred to you only after you have paid the total price and received the goods. In the case of payment by bank transfer, the total price is paid by crediting our account, in other cases it is paid at the time of payment.

6. . DELIVERY OF GOODS, PASSING OF THE RISK OF DAMAGE

6.1. The goods will be delivered to you by the method of your choice. You can choose from the following options:

1. In-person pickup at our UNB center, or through a partner organization;
   
   
2. In-person pickup at the delivery points of Packeta;
   
   
3. Delivery via delivery service providers: The Czech Post, PPL CZ, Packeta;

6.2. The goods can be delivered within the Czech Republic, Slovakia and the EU.

6.3. The delivery time always depends on the availability of the goods and on the chosen method of delivery and payment. The time indicated in the online store should only be considered as approximate and may differ from the actual delivery time. In the case of in-person pickup at UNB, we will always inform you about the available pickup time via email.

6.4. After receiving the goods from the carrier, it is your duty to check the integrity of the package and, in the event of any defects, to notify the carrier and us immediately of this fact. In the event that there is a defect in the packaging that indicates unauthorized handling and entry into the package, you are not obligated to accept the goods.

6.5. In the event that you violate your obligation to accept the goods, with the exception of cases outlined in Article 6.4., we are not in breach of our obligation to deliver the goods to you. At the same time, the fact that you do not accept the goods is not a withdrawal from the contract. However, in such a case, we have the right to withdraw from the contract due to your substantial breach of contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver a written withdrawal to you. Withdrawal from the contract does not affect the right to reimbursement of the transport price, or the right to compensation for damages, if any.

6.6. If, for reasons arising on your part, the goods need to be delivered repeatedly or through a different method than agreed in the contract, it is your duty to compensate us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to the email address specified in the contract. The payment is due 14 days after the email is delivered.

6.7. The risk of damage to the goods passes to you the moment you accept the goods. In the event that you do not accept the goods, with the exception of cases according to Article 6.4 of the terms and conditions, the risk of damage to the goods passes to you in the moment when you have the opportunity to accept them. The passing of the risk of damage to the goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the goods.

6.8. In the event that the goods were not listed as in stock in the online store and an approximate time of availability was indicated, we will always inform you in the event of:

1. an extraordinary interruption in the production of goods, whereby we will inform you of the new expected time of availability or about the fact that it will not be possible to deliver the goods;
   
2. delay in the delivery of goods from our supplier, whereby we will inform you of the new expected delivery time.

6.9. In the event that we are unable to deliver the goods to you within 30 days after the delivery time specified in the order confirmation, both parties are entitled to withdraw from the contract.

7. RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of passing the risk of damage to the goods according to Article 6.7 of the terms and conditions, the goods are free of defects, especially if the goods:

1. have the agreed-upon characteristics, or if they have not been expressly agreed, then they match the characteristics stated in the description of the goods, or those that can be expected with regard to the nature of the goods;

2. are suitable for the purposes we have stated or for the purposes that are customary for goods of this type;

3. correspond to the quality or design of the agreed-upon sample, if a sample was used to determine the design and quality;

4. are in adequate quantity and weight;

5. meet the requirements imposed on them by legal regulations;

6. are not encumbered by the rights of any third party. 

7.2. Rights and obligations regarding rights arising from a defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended by later regulations).

7.3. In the event that the goods have a defect, especially if any of the conditions outlined in Article 7.1 are not met, you can notify us of such defect and exercise your rights arising from a defective performance (i.e. complain about the goods) by sending an email or letter to our addresses listed in our contact details. For a complaint, you can also use the Warranty Claim form provided by us, which forms attachment No. 1 of the terms and conditions. In exercising the right arising from a defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases outlined in Article 7.4, without our consent. We will handle the complaint in accordance with the right you have asserted from a defective performance. In the event that you do not choose to remedy the defect, your rights listed in Article 7.5 apply even in situations where the defective performance was a material breach of contract.

7.4. If defective performance is a material breach of contract, you have the following rights: 

1. to resolve the defect by having new goods without defects delivered, or by having the missing part of the goods delivered;

    

2. to resolve the defect by having the goods repaired;

3. to receive a reasonable price discount;

4. to withdraw from the contract.

In the event that you choose the resolution according to points a) or b) and we do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you have not originally selected them as part of the complaint. If you choose to resolve the defect by repairing the goods and we discover that the defect is irreparable, we will notify you and you can choose another method of removing the defect.


7.5. If the defective performance is a non-material breach of contract, you have the following rights:

1. to resolve the defect by having new goods without defects delivered, or by having the missing part of the goods delivered;

2. to resolve the defect by having the goods repaired;

3. to receive a reasonable price discount;

If we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the contract. You can also withdraw from the contract if you cannot use the goods properly due to the repeated occurrence of defects after the repair of the goods or in the event of several simultaneous defects in the goods.

7.6. In the event of material or non-material breach, you cannot withdraw from the contract or demand the delivery of a new item if you cannot return the goods in the condition in which you received them. Exceptions apply if:

1. there was a change in the condition of the goods as a result of an inspection for the purpose of detecting a defect;

2. the goods were used before the defect was discovered;

3. the impossibility of returning the goods in an unchanged state was not caused by your actions or your omission;

4. you have sold, consumed or altered the goods during normal use before the defect was discovered; however, if this happened only in part, it is your responsibility to return the part of the goods that can be returned, and in that case you will not be refunded the part of the price corresponding to your benefit from the use of the missing part of the goods.

7.7. We will handle your claim without undue delay, within 30 days of receiving it. This deadline can be extended by our mutual agreement. If the period expires before your claim is resolved, you can withdraw from the contract.

7.8. We will inform you by email about the settlement of the claim. If the claim is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts for the shipping costs. In the event that the defect has been resolved by delivering new goods, it is your duty to return the original goods to us, though we are responsible to cover the costs of this return.

7.9. If you are an entrepreneur, it is your duty to report and complain about any defect without undue delay after the defect was discovered, but no later than three days after receiving the goods.

7.10. If you are a consumer, you may assert rights arising from a defective performance in the case of a defect that occurs in consumer goods within the 24-month period starting from the receipt of the goods.

7.11. The provisions regarding the right arising from a defect do not apply in the event that:

1. goods that are sold at a lower price, due to a defect which lead to the price reduction;
   
   
2. the wear and tear of the goods was caused by their usual use;
   
   
3. in the case of used goods, the defect commensurates with the level of use or wear and tear the goods had when you received them;
4. the defect arises from the nature of the goods.

8. REFUND TERMS

8.1 When concluding a purchase contract through remote means of communication, the buyer has the right to withdraw from the purchase contract without stating a reason within 14 days of receiving the goods, during which time the buyer must deliver to the seller an expression of will to withdraw from the contract.

8.2. Refunds will be made in the same way the payment for the original order was received, unless both parties agree otherwise.

9. WITHDRAWAL FROM THE CONTRACT

9.1. Withdrawal from the contract, i.e. the termination of the contractual relationship between both parties from its inception, may occur for the reasons and using the methods specified in this article, or in other provisions of the terms and conditions, in which the possibility of withdrawal is explicitly stated.

9.2. If you are a consumer, i.e. a person buying goods outside the scope of your business activity, you have the right to withdraw from the contract without stating a reason within 14 days from the date of delivery of the goods, in accordance with Section 1829 of the Civil Code. In the event that we have concluded a contract, the subject of which is several types of goods or the delivery of several parts of the goods, the 14-day period begins on the day of delivery of the last part of the goods, and in the event that we have concluded a contract, on the basis of which we will deliver the goods to you regularly and repeatedly, the 14-day period begins on the day of delivery of the first delivery. You can withdraw from the contract by any demonstrable means (in particular by sending an email or letter to the address indicated in our contact information). For requesting withdrawal, you can also use the Withdrawal from Contract form, which forms Appendix No. 2 of these terms and conditions.

9.3. Even as a consumer, however, you cannot withdraw from the contract in cases where the following is the subject of the contract:

1. goods priced based on the fluctuations in the financial market independently of our will, where a price change may occur during the withdrawal period;

2. b. goods that have been modified according to your wishes or otherwise personalized for you.

9.4. The withdrawal period, in accordance with Article 9.2 of these terms and conditions, is considered to have been observed, if you send your withdrawal within its duration.

9.5. In case of withdrawal from the contract, the price of the goods will be returned to you within 14 days from the effective date of the withdrawal, to the account from which it was credited, or to the account indicated in your written withdrawal form. However, the sum will not be refunded until you return the goods to us or until you prove that they have been sent back to us.

1. The goods must be complete, unused, undamaged, suitable for resale.

2. The goods must be in their original, undamaged packaging, including instructions.

3. It is necessary to send the return package no later than 14 days from the day of receipt. The shipping date on the delivery form will be considered the date of dispatch.

4. The returned package must contain a copy of the receipt or invoice for the goods being returned.

5. Only the amount corresponding to the price of the goods stated in the invoice will be returned to the buyer, excluding any postage or transport costs.

9.6. In the event of withdrawal from the contract according to Article 9.1 of the terms and conditions, you are obligated to send the goods to us within 14 days of withdrawal and bear all costs associated with returning the goods to us. In the event of withdrawal due to a breach of the contract on our side, we will cover the costs associated with returning the goods to us, but only up to the amount corresponding to the cheapest method of delivery that we offered at the time of delivery of the goods.

9.7. You are responsible for any damage resulting from improper handling of the goods with regard to their nature and properties. In case of such damage, we will invoice you for the damage caused after the goods have been returned to us and the invoiced amount is due within 14 days. If we have not yet refunded your purchase, we are entitled to offset the cost claim against your claim for a refund.

9.8. We are entitled to withdraw from the contract at any time before the delivery of the goods, if there are objective reasons why the delivery is not possible (especially reasons attributable to a third party or reasons based on the nature of the goods), even before the expiry of the period specified in Article 6.9. of these terms and conditions. We may also withdraw from the contract if it is apparent that you have intentionally provided incorrect information in the order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the contract at any time, without stating a reason.

10. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES

10.1. In relation to the buyer, we are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

10.2. We handle consumer complaints via our email address info@unb.cz. We will send all information regarding their complaint to the buyer’s email address.

10.3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, registration number (IČO) 000 20 869, website: http://www.coi.cz. is responsible for the out-of-court resolution of consumer disputes arising from the contract. To resolve disputes between the seller and the buyer, who is a consumer, regarding a purchase contract concluded by electronic means, you can use an online dispute resolution platform available at http://ec.europa.eu/consumers/odr.

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

11. FINAL PROVISIONS

11.1. If our mutual legal relationship has an international aspect (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.

11.2. We will conduct all written communication with you by email. Our email address is listed with our identification information. We will deliver correspondence to your email address specified in the contract, in the user account or an email address which you used when contacting us.

11.3. The contract can only be changed based on our written agreement. While we are entitled to change and supplement these terms and conditions, this change will not affect contracts retroactively. It will only apply to contracts concluded after the effective date of this change. We will automatically inform you about the changes made to our terms and conditions if you have created a user account ,so that you are informed before your next order. In such cases, the change does not constitute a right of termination, as we do not have a concluded contract that could be terminated. We will also inform you about the changes made to our terms and conditions if, based on the purchase agreement, we are delivering you the ordered goods regularly and repeatedly. We will send all information about the change to your email address at least 14 days before the change takes effect. If we do not receive a purchase agreement termination letter from you within 14 days of informing you about the changes, the new conditions become part of our contract and will apply to the next delivery of goods after the change takes effect. The termination period, if you wish to terminate your contract for recurring deliveries, is 2 months.

11.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused to the goods, and if the state of force majeure lasts for a period of more than 10 days, both parties have the right to withdraw from the contract.

11.5. Attached to these terms and conditions is a sample warranty claim form, a sample withdrawal form and a sample repair request form.

11.6. The contract, including the terms and conditions, is archived electronically with us but is not accessible to you. However, you will always receive these terms and conditions and the order confirmation with a summary of your order by e-mail and will therefore always have access to the contract without our involvement. We recommend that you always save the order confirmation and terms and conditions.

11.7. These terms and conditions take effect on 4/30/2022.

 

Appendix No. 1 - Warranty Claim form (PDF)

Appendix No. 2 - Withdrawal from Contract form (PDF)

Appendix No. 3 - Repair of Goods form (PDF)