Terms and Conditions

General Terms and Conditions of the online store www.mateza.cz

Introductory Provisions

1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to purchases made by the buyer in the online store www.mateza.cz, operated by Mateza spol. s r.o., with its registered office at Pod Kyjovskou 4166, Havlíčkův Brod, 580 01, VAT ID: CZ15059278, Company ID: 15059278, registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file mark C 1312, and the buyer (customer, consumer).
2. The seller is Mateza spol. s r.o., with its registered office at Pod Kyjovskou 4166, 580 01 Havlíčkův Brod, VAT ID: CZ15059278, Company ID: 15059278, registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file mark C 1312 (hereinafter referred to as the "seller").
3. The postal address for delivery to the seller is Pod Kyjovskou 4166, 580 01 Havlíčkův Brod. The seller's electronic address is info@mateza.cz. The seller's phone number is +420569427754. The buyer is a consumer (where a consumer, within the meaning of the Civil Code, is any natural person who enters into a contract with an entrepreneur or acts with them outside the scope of their business activity or outside the independent exercise of their profession) or another person (hereinafter referred to as the "buyer").
4. The rights and obligations of the seller and the buyer are governed by these GTC (effective as of the date the order is sent by the buyer) and the legal order of the Czech Republic. Legal relations not expressly governed by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and other related regulations.

Creation of Contract

1. Delivery of goods takes place solely on the basis of an order placed by the buyer via the order form according to the seller's valid offer published on the seller's website www.mateza.cz. Pursuant to Section 1740 (3) of the Civil Code, an order with an amendment or deviation from the seller's offer is excluded.
2. Each order must contain at least the following essential information:
   1. identification details of the buyer – first name, surname, residential address, email address, and phone number;
   2. identification of the goods according to the seller's offer;
   3. required quantity of goods;
   4. price of goods and shipping;
   5. place of delivery; if the place of delivery is not specified, it shall be deemed to be the buyer's residential address;
   6. selection of the delivery method, including consent to delivery costs;
   7. If the order does not contain the required details, it shall not be considered a proper order and cannot be confirmed as sent by the buyer. In such a case, the seller shall contact the buyer by phone or email without undue delay to rectify the order defects.
   8. The buyer is responsible for delivery errors resulting from incorrect identification details.
3. The seller may, for certain reasons, refuse registration of a new buyer (multiple registrations of one buyer, etc.). After processing the order, the seller shall send an order confirmation to the buyer via email or fax as soon as possible, specifying the delivery date, payment terms, and delivery conditions.
4. There is no minimum order value.
5. The order is delivered to the seller via electronic communication means. By placing an order, the buyer confirms that they have read and agree to these GTC. The buyer is entitled to cancel the order within 24 hours of sending it, by email to info@mateza.cz.
6. Upon receipt of the order, the seller shall confirm its receipt to the buyer without delay (usually within 24 hours of receipt). Confirmation of order receipt usually includes confirmation of the order itself. The seller is also entitled to confirm the order separately.
7. Upon delivery of the order to the seller, a purchase contract is concluded between the parties (hereinafter also referred to as the "contract"). A valid offer of goods published on the website www.mateza.cz is subject to stock availability or loss of the seller's ability to perform.
8. The seller is entitled not to confirm the order or a part thereof, and at the same time withdraw from the contract or a part thereof, in the following cases:
   1. the goods are damaged prior to dispatch;
   2. the supplier's price for the goods has changed significantly;
   3. there is another relevant reason making it unreasonable to require the seller to confirm the order and perform the contract. Should this situation arise, the seller shall contact the buyer without undue delay to agree on further procedure. If the buyer has already paid part or all of the purchase price and the order was not confirmed by the seller, this amount will be refunded within 30 days of notification that the order cannot be confirmed.

Shipping and Payment

1. Goods are delivered to the place of delivery specified by the buyer in the order. The buyer may also choose a delivery address other than their residential address. In such case, the buyer shall specify this delivery location and a contact person authorized to accept the goods at this location in the order form. This location shall then also be considered the place for payment of the purchase price, unless paid otherwise.
2. For the mateza.cz domain, goods are delivered only within the Czech Republic; for the mateza.sk domain, also to the Slovak Republic. The mateza.eu domain serves sales and delivery within European Union countries.
3. The seller shall confirm the place and date of delivery to the buyer in the order confirmation.
4. The usual delivery time for a product is 5 business days. If the goods are not in stock, the delivery period is up to 30 calendar days. The buyer will be notified of this period electronically within a reasonable time. After this period expires, a replacement or order cancellation will be agreed upon with the customer. After this period expires without delivery, replacement or order cancellation will be agreed upon with the customer.
5. Goods are delivered in the following ways:
   1. via a contracted carrier/courier;
   2. via a postal service provider (hereinafter also referred to as "by post").
6. If the buyer is not available at the delivery address, the carrier leaves a notice and attempts (alt.: to deliver the goods on the following business day) to agree on another delivery date with the buyer (e.g. by phone or another suitable method). If delivery is made by a postal service provider and the buyer is not reached at the delivery location, delivery rules established by the postal service provider shall apply. Any additional costs associated with repeated delivery attempts must be reimbursed by the buyer to the seller upon request.
7. Goods are supplied in standard packaging. If required by the nature of the ordered goods, operating instructions and technical specifications are provided along with the goods. After taking delivery of the goods, an invoice fulfilling the requirements of a tax document is sent to the buyer by email in PDF format. The buyer, or another person authorized by the buyer to receive the goods, must confirm proper acceptance of the ordered goods along with all specified documents by signing the relevant document.
8. Risk of damage to the goods passes to the buyer upon handing over the goods for transport to a third party (postal service provider/carrier).
9. The order is fulfilled on the day the goods are received by the buyer.
10. Ownership title to the delivered goods passes from the seller to the buyer on the date the full invoiced amount is credited to the seller's account.

Overview of available delivery methods:

• GLS
• PPL courier
• PPL pickup points
• Geis Transport
• Toptrans
• Czech Post - Parcel Delivery to Hand
• Personal pickup at Mateza stores
• Personal pickup from MatezaBox outside Mateza stores

Overview of available payment methods:

• Cash on personal pickup
• Cash on delivery
• Online card payment
• Bank transfer
• Proforma invoice

The provider of the payment gateway for online payments is Comgate, a. s.. Contact details for Comgate, a.s. for potential complaints or inquiries regarding online payments:

• Comgate, a.s.
• Gočárova třída 1754 / 48b,
• Hradec Králové
• Email: podpora@comgate.cz
• Tel: +420 228 224 267

All shipping prices and payment methods are inclusive of VAT.

Price of Goods and Payment Terms

1. The price of goods is the price stated in the seller's current offer at www.mateza.cz valid on the day the order is sent by the buyer.
2. Prices of delivered products are valid as of the date the order is issued and are understood as ex works Mateza. Prices are stated in CZK, unless agreed otherwise, and exclusive of VAT. VAT at the currently applicable rate is added to each price. The basis for payment of the purchase price is an invoice (tax document), which the seller is entitled to issue on the day the goods are dispatched or service performed.
3. Invoices (tax documents) are due within 14 days from their date of issue, unless agreed otherwise. Payment shall be made in cash or by bank transfer. The payment date is the day cash is received or the day the payment is credited to the seller's account. In case of late payment, the seller is entitled to charge late interest at a rate of 0.05% of the outstanding amount for each day of delay.
4. Registered business customers are granted a discount on offered products in an agreed amount for purchases in the online store, determined based on the volume of goods purchased. Individual contractual prices are possible upon agreement between the buyer and seller.
5. Payment of the purchase price is possible in the following ways:
   1. cash on delivery upon delivery of ordered goods by post;
   2. cash upon taking delivery of goods from a contracted carrier;
   3. wire transfer to the seller's account at KB, a.s., account number 287647521/0100, when sending the order.
6. Under the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. The seller is also obliged to register the received revenue with the tax administrator online; in case of a technical outage, within 48 hours at the latest. The seller issues receipts under the Sales Registration Act in electronic form sent by email or in paper form, depending on the selected payment method and shipping method.
7. Cashless payments of the purchase price are deemed made at the moment they are credited to the seller's account. Cash payments agreed upon between the seller and buyer are deemed made at the moment they are handed over to a person authorized by the seller, or to an employee of the postal service provider, or an employee of the contracted carrier.

Withdrawal from Contract

1. The buyer is entitled to withdraw from the contract without giving any reason and without any penalty within 14 days from the date of taking delivery of the goods. The withdrawal period is deemed observed if the buyer sends notice of withdrawal to the seller during this period. The buyer cannot withdraw from the contract under this provision in cases specified in the relevant provisions of the Civil Code.
2. The seller may withdraw from the contract if the buyer is in default on payment of invoices or if the buyer fails to take delivery of goods sent cash on delivery.
3. For proof of withdrawal, the buyer is recommended to make the withdrawal from the contract in writing to the seller at the registered office address Pod Kyjovskou 4166, 580 01 Havlíčkův Brod, or at the email address info@mateza.cz. In the withdrawal notice, the buyer is recommended to provide details clearly identifying the relevant contract, preferably the order number and date, delivery date, and bank account number for refunding the purchase price. To withdraw from the contract, you may use a form that you can fill out here. However, intention to withdraw from the contract can also be expressed in another way at the buyer's discretion.
4. However, the provision of law cited in paragraph 1 cannot be interpreted as an option for free rental of goods. If the buyer withdraws from the contract pursuant to paragraph 1, they shall send or hand over to the Seller without undue delay, and at the latest within fourteen days of withdrawal from the contract, everything received under the contract. If this is no longer possible (e.g. in the meantime the goods were destroyed or worn out by a buyer acting in bad faith or abusing the right of withdrawal), the buyer must provide monetary compensation equal to the value of what can no longer be returned. The seller is entitled to claim compensation from the buyer for what can no longer be returned and set off their claim against the buyer's claim for refund of the purchase price. In such case, the seller is obliged to prove the damage incurred.
5. If the buyer withdraws from the contract under paragraph 1, the buyer shall bear the cost of returning the goods.
6. If the buyer withdraws from the contract under paragraph 1, the seller shall refund to the buyer without undue delay, and no later than fourteen days from withdrawal, all funds including delivery costs received from the buyer under the contract, using the same method. If the purchase price or part thereof was paid via gift voucher, the seller shall refund this purchase price or part thereof to the buyer by returning the gift voucher, or if that is not possible, by issuing a new gift voucher for the same amount. If the buyer chose a delivery method other than the cheapest delivery method offered by the seller, the seller shall refund delivery costs to the buyer in an amount corresponding to the cheapest delivery method offered. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.
7. The buyer is only liable to the seller for any reduction in the value of the goods resulting from handling the goods in a manner other than necessary considering their nature and characteristics.
8. However, the Buyer does not have the right to withdraw from the contract if expressly agreed between the contracting parties, and further in the case of contracts:
   1. for the provision of services, if their performance began with their consent before the expiry of the 14-day period from taking delivery of the performance;
   2. for the delivery of Goods or Services whose price depends on financial market fluctuations beyond the Seller's control;
   3. for the delivery of Goods customized according to the Buyer's wishes or for their person, as well as goods subject to rapid decay, wear, or obsolescence;
   4. for the delivery of audio and video recordings and computer programs, if the buyer broke their original packaging;
   5. for the delivery of newspapers, periodicals, and magazines;
   6. consisting of a game or lottery.

Liability for Defects, Claims

1. The seller's liability for defects in delivered goods is governed by the relevant legal regulations as amended.
2. The buyer shall inspect the goods as soon as possible after the risk of damage to the goods passes, and verify their properties and quantity. If the seller dispatches the goods, the buyer may postpone inspection until the goods are delivered to the destination. The buyer is obliged to report any defect in the goods without undue delay after they could have discovered it upon timely inspection and sufficient care.
3. Later claims regarding the type, quantity, or damage to goods during transport need not be taken into account. Receipt of goods means taking delivery from the seller, postal service provider, or contracted carrier. The buyer confirms receipt of goods by signing the delivery (transport) note or other relevant document. By signing, they also confirm that the goods were delivered in good order. If the goods have any obvious defects at the time of delivery or if the type or quantity of goods does not match, these facts must be noted on the delivery (transport) note or other relevant document. If the goods are damaged, the buyer may refuse delivery.
4. The seller provides the customer with a warranty on their goods for a period of 24 months from the date of sale. Goods acknowledged by the seller as defective will be credited or replaced free of charge upon return of the relevant goods, in the execution agreed upon in the purchase contract.

Liability for Defects

1. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took receipt of the goods:
   1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, properties described by the seller or manufacturer or expected by the buyer considering the nature of the goods and based on advertising performed by them;
   2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used;
   3. the goods correspond in quality or execution to the agreed sample or model, if quality or execution was determined according to an agreed sample or model;
   4. the goods are in corresponding quantity, measure, or weight;
   5. the goods comply with legal requirements.
2. If a defect becomes apparent within twelve months of receipt, the goods shall be presumed to have been defective upon receipt.

Claims

1. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt (if a period during which the goods can be used is stated on the sold goods, packaging, instructions attached to the goods, or advertising in accordance with other legal regulations, the provisions on quality warranty apply – see article below).
2. The provisions of Art. 1 do not apply:
   1. to wear and tear of goods caused by their normal use;
   2. for goods sold at a lower price, to a defect for which the lower price was agreed;
   3. if implied by the nature of the thing (goods).
3. Upon the buyer's request, the seller shall confirm to them in writing the extent and duration of their obligations in case of defective performance. The seller's obligations for defective performance exist at least to the extent that the manufacturer's obligations for defective performance exist. In the confirmation, the seller shall also state their name, registered office, identification details, and, if applicable, other details necessary to establish their identity. Unless prevented by the nature of the goods, such confirmation may be replaced by proof of purchase containing these details.
4. If the goods do not possess the characteristics specified in Art. "Liability for Defects" paragraph 1, the buyer may also demand the delivery of new goods without defects, unless unreasonable given the nature of the defect; however, if the defect concerns only a part of the goods, the buyer may only demand replacement of the part, or if that is not possible, withdraw from the contract. However, if disproportionate given the nature of the defect, particularly if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
5. The buyer also has the right to delivery of new goods or replacement of a part in the case of a removable defect if they cannot use the goods properly due to repeated occurrence of the defect after repair or due to a larger number of defects. In such case, the buyer also has the right to withdraw from the contract.
6. If the buyer does not withdraw from the contract or exercise the right to delivery of new defect-free goods, replacement of a component, or repair of the goods, they may demand a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver new defect-free goods, replace a component, or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if remedying it would cause significant difficulties for the consumer.
7. The buyer is not entitled to rights from defective performance if the buyer knew before receiving the goods that the goods had a defect, or if the buyer caused the defect themselves. Cases where the buyer caused the defect themselves include, among others, cases where the defect is caused as a result of:
   1. use of the goods contrary to the instruction manual;
   2. unauthorized repairs or modifications made to the goods;
   3. impact, fall, or other mechanical damage to the goods (e.g. surface scratching);
   4. if the goods were damaged as a result of an accident of equipment of which these goods were a part, and the accident was not caused by a demonstrable defect in the goods;
   5. if interventions, modifications, or repairs were performed on the goods without the seller's consent;
   6. if the goods were used for other purposes for which the goods are not suitable in terms of technical parameters, were excessively loaded, used in unsuitable operating conditions, etc.;
   7. if the goods were damaged due to incorrect or unprofessional assembly;
   8. failure to observe generally applicable principles and procedures for the given type of work;
   9. if the goods were damaged due to incorrect handling or storage;
   10. if defects occurred due to other circumstances outside processes under the company's control
8. If the goods have a defect for which the seller is responsible, and the goods are sold at a lower price, the buyer has the right to a reasonable discount instead of the right to exchange the goods.
9. If the buyer exercises a right arising from defective performance, the seller shall confirm to them immediately, and in complex cases within three (3) days of receiving the claim in writing, when the buyer exercised the right, as well as the method of repair and its duration. The time of claiming is considered the moment the seller became aware of the claim. Costs associated with transporting the goods for a claim are borne by the seller in the case of an acknowledged claim, up to a maximum amount equal to the lowest shipping fee offered by the seller.

Quality Guarantee

1. Under a quality guarantee, the seller undertakes that the goods will be fit for use for their usual purpose for a certain period of time or that they will retain their usual properties. Indication of the warranty period or shelf life on the packaging or in advertising also produces these effects. A warranty may also be provided for an individual part of the goods.
2. If the contract and the warranty statement specify different warranty periods, the longest period shall apply. However, if the parties agree on a warranty period other than that marked on the packaging as the expiration date/shelf life, the agreement between the parties shall prevail.
3. The warranty period runs from delivery of the goods to the buyer.
4. The buyer has no right under the warranty if an external event caused the defect after the risk of damage to the goods passed to the buyer. This does not apply if the seller caused the defect.
5. Rights arising from defects and quality guarantees are exercised with the seller by post at the store address Pod Kyjovskou 4166, Havlíčkův Brod 580 01, or by email at info@mateza.cz.
6. When making a claim, the buyer is obliged to clearly identify the relevant purchase contract (preferably stating: order number and date, delivery date) and demonstrate that they are authorized to make the claim (preferably by submitting proof of ownership of the goods - e.g. invoice), as well as provide a brief description of defects, ideally with photos.
7. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, the contents of the claim, and the method of claim settlement requested by the buyer, as well as confirmation of the date and method of claim settlement, including confirmation of repair and its duration, or written justification for rejection of the claim.
8. The seller shall decide on the claim immediately, in complex cases within three business days. This period does not include time reasonable for the type of goods or service required for expert assessment of the defect. Claims including defect removal must be settled without undue delay, no later than 30 days from the date of claiming, unless the seller and buyer agree on a longer period.
9. The Czech Trade Inspection Authority, ID: 00020869, with registered office at Štěpánská 567/15, 120 00 Prague 2, website www.coi.cz, is subject-matter competent for out-of-court settlement of consumer disputes regarding goods/services offered by us.

Other Rights and Obligations of the Contracting Parties

1. By submitting the order, the buyer grants consent to the seller to process all personal and other data filled in by them in the order (hereinafter referred to as „personal data“), including through a processor, which is Mateza spol. s r.o., Company ID: 15059278, VAT ID: CZ15059278, registered office at Pod Kyjovskou 4166, 580 01 Havlíčkův Brod, registered in the Commercial Register maintained by the Regional Court in Hradec Králové under file mark C 1312 (hereinafter also referred to as the „processor“).

2. Personal data will be processed for commercial and marketing purposes of Mateza spol. s r.o., including offering business and services, as well as sending commercial communications, inter alia by electronic means within the meaning of Act No. 480/2004 Coll., on Certain Information Society Services (in particular via email and SMS messages).

3. Consent is granted until revoked. The buyer acknowledges that they have rights pursuant to Sections 11 and 21 of Act No. 101/2000 Coll., on Personal Data Protection, i.e. in particular that the provision of personal data is voluntary and that they have the right of access to personal data. Any data subject who discovers or believes that the controller or processor carries out processing of their personal data that is contrary to the protection of the private and personal life of the data subject or contrary to law may a) request an explanation from the controller or processor, b) request that the controller or processor remedy the situation, which may in particular involve blocking, rectifying, supplementing, or liquidating personal data.

4. The seller declares that all personal data of the buyer provided to the seller will be considered confidential and used solely to fulfill the contract concluded with the buyer and for other purposes specified in the preceding paragraph. The seller will not transfer the buyer's personal data to any third party other than the processor, except in situations where transferring personal data to a third party is necessary in connection with distribution or payment transactions concerning the ordered goods (disclosure of name and delivery address).

5. The buyer has the right to inspect and access their personal data after entering a password within their user account, or by other means provided by law. The buyer has the right to modify and update their personal data after entering a password within their user account. If the buyer requests so in writing, the seller shall cease processing the buyer's personal data and liquidate such personal data.

Amendment to the Consumer Protection Act

1. Pursuant to Section 14 of the Consumer Protection Act, the amendment of which entered into force on February 1, 2016, we as the seller are obliged to inform consumers in a clear and understandable manner about the entity competent for out-of-court dispute resolution. The Czech Trade Inspection Authority, ID: 00020869, with registered office at Štěpánská 567/15, 120 00 Prague 2, website www.coi.cz, is subject-matter competent for out-of-court settlement of consumer disputes regarding goods/services offered by us.

Final Provisions

1. If unpreventable and irremovable obstacles arise on the seller's part that prevent fulfillment of their obligations to the buyer through no fault of their own, the seller has the right to unilaterally withdraw from the contract in writing and is obliged to immediately refund the paid amount to the buyer. The seller is not liable to the buyer for failure to perform obligations under the concluded contract, nor for damage caused by such non-performance, if non-performance occurs due to unforeseen and unavoidable events that the seller could not prevent. The seller is not liable to the buyer for damages arising on the basis of contracts concluded by the buyer with other persons, in particular for consequential and indirect damages.

2. The buyer declares that they have secured financial funds to pay the price for the goods in full. The buyer is not entitled to assign any claim against the seller to a third party. The buyer is not entitled to unilaterally set off any obligation towards the seller against any claim against the seller.

3. The governing law for the assessment of all provisions of the concluded contract and any disputes arising from this contract is the law of the Czech Republic, and the courts of the Czech Republic shall have jurisdiction.

4. The contract between the seller and the buyer, including these GTC, is concluded in the Czech language.

5. Pursuant to Section 1820 (1) (j) of the Civil Code, the seller informs that a consumer may address an out-of-court complaint to the supervisory authority, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under conditions set forth by relevant legal regulations.

6. The current text of these GTC is published on the Internet, and a link to their full text (the Internet address where the full text can be obtained) is contained in every order form/contract. By submitting an order, the buyer confirms their express, full, and unconditional agreement with the wording of the current GTC. The seller is entitled to unilaterally amend the GTC at any time with effect from a date specified by the seller, provided that this date shall not precede the date of publication of their new wording on the Internet. If the contract contains provisions regulating the rights and obligations of the contracting parties that differ from the wording of these GTC, the wording of the contract shall prevail.

These terms and conditions take effect on January 1, 2023