General Terms and Conditions
I. Basic Provisions
These General Terms and Conditions (hereinafter “GTC”) govern the relationships between the parties to a purchase agreement concluded on one side by OBRETA spol. s r.o., Company ID: 263 60 331, VAT ID: CZ26360331, registered office Plzeň, Malická 434/15, 32300, registered in the Commercial Register kept by the Regional Court in Plzeň, Section C, Insert 15344, as the seller (hereinafter “OBRETA” or the “seller”) and on the other side the buyer, and are valid only if the delivery address is within the Czech Republic.
Further information about OBRETA is provided on the company’s website at www.obreta.cz.
For the purposes of these GTC, the buyer is a consumer or an entrepreneur. A consumer is any person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with OBRETA or otherwise deals with it. An entrepreneur is one who independently carries out gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so continuously for profit.
By submitting/sending an order, the buyer confirms that they have read these GTC, an integral part of which is the pre-contractual information, and expressly agrees with them, in the wording valid and effective at the moment the order is sent to OBRETA.
The buyer is aware that by purchasing products that are in OBRETA’s commercial offer, no rights arise to use registered trademarks, trade names, company logos, etc. of OBRETA or OBRETA’s contractual partners.
II. Pre-contractual information for contracts concluded remotely or outside OBRETA’s premises
1) As the seller, OBRETA communicates, in accordance with Section 1820 of Act No. 89/2012 Coll., the Civil Code (“CC”), the following:
a) The costs of using means of distance communication do not differ from the basic rate (in the case of internet and telephone connection pursuant to the buyer’s operator terms; OBRETA does not charge any additional fees except for the costs of transport and delivery of goods).
b) OBRETA requires payment of the full purchase price before the buyer takes delivery. The obligation to pay a deposit or similar payment concerns the buyer’s requests for specific services, if required and provided (e.g., production of a product according to documentation submitted by the buyer, etc.). The buyer will be explicitly informed of this obligation before the purchase agreement is concluded.
c) Contracts concluded on the basis of these GTC are not contracts for an indefinite period or contracts whose subject is recurring performance. The potential conclusion of such contracts between the buyer and OBRETA will always be dealt with in a separate written agreement or framework agreement.
d) Prices of goods and services are listed in OBRETA’s offer including VAT and all other fees set by law. The costs of delivering the goods or services differ depending on the chosen delivery method, carrier, and method of payment and are charged separately and always expressly stated in OBRETA’s offer.
e) If the buyer is a consumer, they have the right to withdraw from the concluded contract under the conditions stated in Article VIII of the GTC.
f) In the event of withdrawal, the consumer bears the costs associated with returning the goods, including the costs of returning goods that, due to their nature, cannot be returned by ordinary postal route.
g) If the subject of the contract is the provision of services and performance began with the consumer’s consent before the expiry of the withdrawal period per letter e), the consumer is obliged to pay a proportionate part of the price corresponding to the services already provided.
h) The buyer cannot withdraw from the contract:
for the provision of services that OBRETA has fulfilled with the buyer’s prior express consent before the expiry of the withdrawal period,
for the supply of goods or services whose price depends on fluctuations in the financial market independent of OBRETA’s will and which may occur during the withdrawal period,
for the supply of goods that have been customised according to the buyer’s wishes or for the buyer,
for the supply of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
i) The consumer has the right to lodge a complaint with OBRETA, in writing to the company’s registered office address or electronically at eshop@obreta.cz. The consumer may also contact a supervisory authority.
2) As the seller, OBRETA communicates, in accordance with Section 1826 CC, the following data relating to conclusion of contracts using electronic means:
a) The contract will be stored in OBRETA’s archive for at least five years. The buyer has the right to request a copy of such a contract; the buyer is obliged to pay in advance the costs of making the copy upon OBRETA’s request.
b) The contract is concluded in the Czech language. If a translation of the contract into a foreign language is required for the buyer, the Czech version shall prevail in case of disputes over interpretation.
c) The buyer may conclude the contract only by accepting the offer to conclude the contract on the website operated by OBRETA by placing the desired performance in the cart and, after filling in the required details, choosing the method of payment and delivery, sending the order to OBRETA. OBRETA will promptly confirm receipt of the order to the buyer by an informational email to the email address provided by the buyer.
d) Before the buyer confirms the order, they have the right to change input data, desired performance, delivery, and method of payment, i.e., to check all data entered in the order.
e) Codes of conduct under Section 1826(1)(e) CC are not binding for OBRETA.
III. Offer
The offer of goods and services by OBRETA is presented in particular through photographic depictions of goods, technical drawings, data on weight, colour, and dimensions on the website www.obreta.cz or in other promotional materials. This offer is informative for the buyer unless expressly stated on the website or in the relevant materials that it is binding and corresponds to reality.
For delivered goods, deviations from the advertised dimension or material thickness may occur due to the manufacturing process: for dimensions up to +/- 5% and for thickness +/- 10%. This deviation is not a defect of the product and does not entitle the buyer to defective performance claims.
IV. Purchase Agreement
A proposal to conclude a contract is
1) sending a binding order by the buyer to OBRETA’s postal or email address, or
2) filling in and sending a binding order in OBRETA’s e-shop. The contract is concluded at the moment OBRETA’s acceptance of the order is delivered to the buyer to the email address specified in the order.
OBRETA reserves the right not to accept a proposal to conclude a contract if
it would commit to performance disadvantageous to itself, or
performance contrary to good morals, or
it records an overdue claim against the person who made the proposal, or
insolvency proceedings have been initiated regarding the person who made the order.
If the buyer requests delivery of goods not listed in OBRETA’s regular offer, or goods specially adapted to the buyer’s requirements, or if the delivery address is outside the Czech Republic, the buyer shall make a written inquiry by email to eshop@obreta.cz, on the basis of which the seller will present a written offer stating the specific price, estimated delivery time, and validity period of the offer. The contract in such a case is concluded at the moment of the buyer’s acceptance of the offer delivered within its validity.
Relationships and potential disputes arising from a contract concluded between the buyer and OBRETA shall be governed exclusively by the law of the Czech Republic and resolved by the competent courts of the Czech Republic.
The contract is concluded in the Czech language.
By concluding the purchase agreement, OBRETA undertakes to hand over to the buyer the item which is the subject of the purchase and enable them to acquire ownership of it, and the buyer undertakes to take over the item and pay OBRETA the purchase price.
OBRETA reserves title to the sold item such that the buyer becomes its owner only upon full payment of the purchase price.
OBRETA shall hand over to the buyer the item and documents relating to it and enable the buyer to acquire ownership in accordance with the contract. OBRETA fulfils the duty to hand over the item by enabling the buyer to dispose of the item at the place of performance and notifying them in time.
If OBRETA is to dispatch the item, it hands the item over to a buyer who is an entrepreneur by delivering it to the first carrier for transport to the buyer and enables the buyer to assert rights from the carriage contract against the carrier. If OBRETA is to dispatch the item, it hands the item over to a buyer who is a consumer when the carrier delivers the item to them.
If OBRETA delivers a larger quantity of items than agreed, the purchase agreement is concluded also for the excess quantity unless the buyer promptly refuses it.
Unless agreed how the item is to be packed, OBRETA shall pack it according to custom; if there is no such custom, then in a manner necessary for preservation and protection. OBRETA shall prepare the item for transport in the same way.
OBRETA shall communicate transport and packing costs to the buyer before the conclusion of the contract. These costs vary depending on the method of transport and quantity of goods. The method of transport is determined by OBRETA.
Upon receipt from the carrier/courier, the buyer must check the integrity of the packaging and the item itself; if any damage is found, the buyer must either refuse acceptance for that reason or draw up a claim protocol with the carrier/courier. If this duty is not fulfilled and OBRETA is thus prevented from asserting a claim against the carrier/courier, OBRETA will not accept complaints by the buyer based on damage during transport/delivery.
V. Third-Party Rights
For orders where OBRETA manufactures goods according to documentation supplied by the buyer, the buyer declares they assume all risks associated with the use of patents, registered designs, and trademarks in the relevant production. If such production infringes third-party rights, the buyer is liable for damages arising from such infringement.
VI. Rights from Defective Performance
An item is defective if it lacks agreed properties. Performance of another item and defects in documents necessary for use are considered defects.
The buyer shall inspect the item as soon as possible after the risk of damage passes, but no later than 48 hours thereafter, and verify its properties and quantity.
The risk of damage passes to the buyer upon acceptance. The same applies if the buyer does not accept the item although OBRETA has enabled them to dispose of it.
Damage to the item after the risk has passed to the buyer does not affect the buyer’s duty to pay the price.
If either party delays acceptance, the other party has the right, after prior notice and providing an additional reasonable period for acceptance, to sell the item in a suitable manner at the cost of the party in delay. This also applies if the buyer delays payment upon which handover is conditioned.
OBRETA is liable to the buyer that the item has no defects upon acceptance. In particular, at the time the buyer took it over:
a) the item has properties agreed by the parties, and if not agreed, such properties as OBRETA or the manufacturer described or which the buyer expected given the nature of the goods and based on advertising;
b) the item is suitable for the purpose stated by OBRETA for its use or for which such item is usually used;
c) the item is in the appropriate quantity, measure, or weight;
d) the item complies with legal requirements.
A consumer-buyer may assert a defect occurring in consumer goods within twenty-four months from acceptance. An entrepreneur-buyer may assert a defect occurring in consumer goods within six months from acceptance.
The above rights do not apply:
a) for items sold at a lower price to a defect for which the lower price was agreed;
b) to wear and tear caused by normal use;
c) for used items to a defect corresponding to the degree of use or wear that the item had upon acceptance; or
d) where it follows from the nature of the item.
The buyer has no rights from defective performance if they knew of the defect before acceptance or if the buyer caused the defect themselves.
Material breach of contract:
If defective performance constitutes a material breach, the buyer has the right
a) to have the defect removed by delivery of a new defect-free item or delivery of the missing item,
b) to have the defect removed by repair,
c) to a reasonable discount on the purchase price, or
d) to withdraw from the contract.
The consumer-buyer shall notify OBRETA which right they choose upon notifying the defect or without undue delay thereafter. The buyer cannot change the chosen right without OBRETA’s consent; this does not apply if the buyer requested repair which proves impossible. If OBRETA does not remove defects within a reasonable time or informs the buyer that defects will not be removed, the buyer may demand a reasonable discount or withdraw from the contract.
If the consumer-buyer does not choose in time, they have rights as in case of a non-material breach – see below.
A buyer who is not a consumer shall indicate upon notifying the defect which right they prefer. OBRETA will choose the manner of remedy considering the buyer’s request and its technical and operational possibilities.
Non-material breach of contract:
If defective performance is a non-material breach, the consumer-buyer has the right to have the defect removed or to a reasonable discount.
Until the consumer-buyer asserts the right to a discount or withdraws, OBRETA may supply what is missing or remove a legal defect. Other defects may be removed, at OBRETA’s option, by repair or delivery of a new item.
If OBRETA does not remove the defect in time or refuses to remove it, the consumer-buyer may demand a discount or withdraw. The consumer-buyer cannot change the chosen right without OBRETA’s consent.
The consumer-buyer has the right to the delivery of a new item or replacement of a component even for a removable defect if the item cannot be used properly due to repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the consumer-buyer also has the right to withdraw.
When a new item is delivered, the consumer-buyer shall return the originally delivered item to OBRETA at their own expense.
A buyer who is not a consumer shall indicate upon notifying the defect which right they prefer. OBRETA will choose the manner of remedy considering the buyer’s request and its technical and operational possibilities.
If the buyer (whether entrepreneur or consumer) does not notify a defect (whether from material or non-material breach) without undue delay after they could have discovered it upon timely inspection and with sufficient care, the court will not grant the right from defective performance. For latent defects, the same applies if not notified without undue delay after they could have been discovered with sufficient care, but at the latest:
- within two years after handover to a consumer-buyer;
- within six months after handover to an entrepreneur-buyer. The buyer must submit a complaint to the seller using the prescribed form (complaint form) available for download on OBRETA’s website www.obreta.cz in the Documents section, or in printed form at the company’s registered office.
VII. Making a Complaint
Obvious defects must be claimed by the buyer upon handover and acceptance of goods and notified in writing to the seller. The buyer may claim only goods returned to the seller’s facility/warehouse (Tojice 14) in the original package/packaging (e.g., carton, etc.).
VIII. Consumer Withdrawal from a Contract Concluded Remotely
A consumer has the right to withdraw from a contract concluded remotely within fourteen days. The period runs from the date of conclusion of the contract and in the case of:
a) a purchase contract, from the day of receipt of the goods;
b) a contract for several types of goods or multiple parts, from the day of receipt of the last delivery; or
c) a contract for regular repeated delivery of goods, from the day of receipt of the first delivery.
Withdrawal may be made by sending a written withdrawal to OBRETA’s address or by email to eshop@obreta.cz, or by fax to +420 371 526 305. If the buyer exercises the right of withdrawal, the period is considered met if the buyer sends OBRETA a notice of withdrawal within the period.
If the consumer withdraws, they shall send or hand over to OBRETA without undue delay, no later than fourteen days after withdrawal, the goods received, at their own cost.
The goods should be returned complete, with all documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received.
The consumer is liable to OBRETA for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature and characteristics of the goods.
If the consumer withdraws, OBRETA shall, without undue delay and no later than fourteen days from withdrawal, return all monies received under the contract, excluding delivery costs, in the same manner. OBRETA is not obliged to return the money before the consumer hands over the returned goods.
The consumer has no right to withdraw in the cases stated in Article II(1)(h) of these GTC (i.e., Section 1837 of the Civil Code), especially where the delivered goods were customised or made to order.
IX. Withdrawal in Other Cases
If a party (OBRETA or the buyer) materially breaches the contract, the other party may withdraw without undue delay.
A material breach is such a breach which the breaching party knew or must have known at the time of conclusion that the other party would not have concluded the contract if it had foreseen it; otherwise, the breach is presumed not material. Delay of the buyer with payment of the purchase price for more than 7 days is always a material breach.
A party may withdraw without undue delay after it clearly follows from the other party’s conduct that it will materially breach the contract, and if the other party does not provide adequate security upon request.
Once the entitled party announces to the other that it withdraws or remains bound by the contract, it cannot change the choice.
If a party could withdraw for material breach but did not, it may withdraw later with reference to similar conduct of the other party.
Upon withdrawal, the obligation is cancelled from the beginning.
X. Processing and Protection of Personal Data
Access to www.obreta.cz may be conditioned on providing certain personal data by users. In such a case, OBRETA is obliged to handle these data in accordance with applicable laws, especially Act No. 101/2000 Coll., on Personal Data Protection, as amended. Personal data will be fully secured against misuse. Data will be stored and not shared with third-party applications. Provided personal data may be used beyond processing necessary for concluding and performing the contract only under the conditions below.
By concluding the purchase agreement, the buyer grants OBRETA consent to collect and process these personal data for the purposes of fulfilling the subject of the purchase agreement and for OBRETA’s marketing purposes (especially sending commercial communications, telemarketing, SMS), until a written expression of disagreement with such processing (procedure below).
The buyer acknowledges and agrees that the email address provided in connection with the purchase may be used to send OBRETA’s commercial communications pursuant to Act No. 480/2004 Coll., as amended, offering similar goods or services. If the buyer does not wish to receive such communications, they may express disagreement by emailing eshop@obreta.cz.
If the buyer wishes to correct personal data processed by OBRETA, they may request it at eshop@obreta.cz or at the postal address above.
OBRETA may authorise a third party to process the above personal data.
OBRETA informs the buyer and provides explicit instruction on rights under Act No. 101/2000 Coll. and Regulation (EU) 2016/679 of 26 April 2016 (GDPR), especially that provision of personal data is voluntary, the buyer has the right of access, may withdraw consent at any time (procedure above), has the right to request deletion from OBRETA’s records, and in case of violation to contact the Office for Personal Data Protection and seek appropriate remedy (e.g., cessation of such conduct by OBRETA, rectification or supplementation, blocking, erasure, monetary compensation), as well as other rights under the law and GDPR.
XI. Price
All prices of goods and services are contractual.
The price of goods or services is stated on www.obreta.cz (always with the specific goods or service). These prices are valid and binding unless expressly agreed otherwise between the buyer and OBRETA (OBRETA enables, if the buyer is interested, negotiation of different price offers tied to the quantity purchased).
The buyer can learn the total price of goods before sending the order to the seller.
Prices are listed including VAT and all statutory fees. Delivery costs vary by delivery method, carrier, and payment method and are charged separately and always explicitly stated in OBRETA’s offer.
Promotional prices apply until stocks are exhausted if the number of promo items is listed, or for a specified time period.
XII. Payment Terms
Payments will be made by bank transfer to OBRETA’s account No. 460146000/2700 at UniCredit Bank. Upon personal collection at OBRETA’s facility, the buyer may pay in cash. For delivery by carrier, the buyer may pay cash on delivery.
The price is due within 14 days from the date of conclusion of the purchase agreement.
OBRETA reserves the right to deliver goods only after full payment of the purchase price.
The price is considered paid on the day the full amount is credited to OBRETA’s account or paid in cash upon collection.
In case of delay in payment, OBRETA may charge the consumer-buyer statutory default interest. If the buyer in delay is an entrepreneur, OBRETA may charge statutory default interest plus a contractual default interest of 0.1% of the amount due per day.
XIII. Delivery Times
Delivery times stated in contracts and confirmed orders are binding for OBRETA.
The delivery time is reasonably extended in cases of labour disputes, especially strikes, lockouts, or unforeseen events beyond OBRETA’s control that demonstrably affect production or dispatch. The same applies if similar circumstances occur at OBRETA’s subcontractors.
If delivery is delayed due to the buyer (especially delay in payment), the delivery time is extended by the duration of the buyer’s impediment. In such a case, OBRETA is entitled to compensation for damage, if incurred. This does not exclude OBRETA’s right to withdraw per Article IX(2) of these GTC (material breach, especially buyer’s delay with payment longer than 7 days).
XIV. Final Provisions
In matters not governed by these GTC, the contractual relationship between the buyer and OBRETA is governed by Act No. 89/2012 Coll., the Civil Code.
If OBRETA and the buyer agree in a specific purchase agreement on terms different from these GTC, the provisions in the purchase agreement prevail.
The GTC apply to the extent and in the wording posted on OBRETA’s website on the day the buyer sends the electronic order to OBRETA.
These GTC are effective from 1 January 2018.
