Technická podpora

h1. TERMS AND CONDITIONS

of the company prokyber s.r.o.

Registered office: Cyrila Boudy 1444, Kročehlavy, 272 01 Kladno

Company ID: 24219665

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 189828

For the sale of goods through the online store located at: www.prokyber.cz and operated via the web interface at 211967.myshoptet.com (hereinafter referred to as the “web interface of the store”).

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h2. 1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) of the company prokyber s.r.o., with its registered office at Cyrila Boudy 1444, Kročehlavy, 272 01 Kladno, ID No.: 24219665, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 189828 (hereinafter referred to as the “Seller”) govern in accordance with Section 1751(1) et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and a natural person not acting within the scope of their business activity (hereinafter referred to as the “Buyer”) through the Seller's online store.

1.2. These Terms do not apply to situations where the person intending to purchase goods from the Seller is a legal entity or a person acting within their business activity or profession when ordering goods.

1.3. Provisions differing from these Terms may be agreed upon in the Purchase Contract. Any such differing provisions in the Purchase Contract take precedence over the provisions of these Terms.

1.4. The provisions of these Terms form an integral part of the Purchase Contract. The Purchase Contract and the Terms are drafted in the Czech language. The Purchase Contract may be concluded only in Czech.

1.5. The Seller may amend or supplement these Terms. Such changes do not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms.

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h2. 2. User Account

2.1. Based on the Buyer’s registration on the website, the Buyer can access their user interface. From this user interface, the Buyer can place orders for goods (hereinafter referred to as the “User Account”). If the web interface allows, the Buyer may also place orders without registration directly from the web interface.

2.2. When registering and placing an order, the Buyer must provide accurate and truthful information. The Buyer is obligated to update any information in the User Account upon any changes. The data provided by the Buyer in the User Account and during ordering are considered accurate by the Seller.

2.3. Access to the User Account is secured with a username and password. The Buyer must maintain confidentiality regarding this access information.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used it for an extended period or if the Buyer breaches their obligations under the Purchase Contract (including these Terms).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller's or third parties’ hardware and software.

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h2. 3. Conclusion of the Purchase Contract

3.1. All goods presentations in the web interface are informational and do not constitute a binding offer. Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface provides information about goods, including prices and return costs if the goods cannot be returned by ordinary postal means. Prices include VAT and all applicable fees. Prices remain valid as long as displayed in the web interface. This does not prevent the Seller from concluding contracts under individually agreed terms.

3.3. The web interface also provides information about packaging and delivery costs. These costs apply only within the Czech Republic.

3.4. The web interface provides delivery time and required deposit for made-to-order goods.

3.5. To order goods, the Buyer fills out an order form in the web interface, including:

* 3.5.1. Selected goods (added to a virtual cart),

* 3.5.2. Payment and delivery method,

* 3.5.3. Associated delivery costs (hereinafter collectively the “Order”).

3.6. Before submitting the Order, the Buyer can check and modify the details. The Order is submitted by clicking “SUBMIT ORDER.” The Order details are considered correct by the Seller. Upon receipt, the Seller confirms the Order via email sent to the Buyer’s email address (hereinafter “Buyer’s Email Address”).

3.7. Depending on the Order’s nature (quantity, price, delivery costs), the Seller may request further confirmation, especially for made-to-order goods.

3.8. The contractual relationship arises upon the Buyer’s receipt of the Seller’s email accepting the Order.

3.9. The Buyer agrees to using remote communication for concluding the contract. Costs for such communication (internet, phone) are borne by the Buyer and do not differ from basic rates.

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h2. 4. Price and Payment Terms

4.1. The Buyer may pay for the goods and related delivery charges by:

* In cash at the Seller’s premises: Cyrila Boudy 1444, Kladno 272 01,

* Cash on delivery at the address specified in the Order,

* Bank transfer to account number 4441344413/2010 with Fio banka (the “Seller’s Account”),

* By card up to CZK 20,000.

4.2. The Buyer must also pay packaging and delivery charges unless otherwise specified. These charges are considered part of the purchase price.

4.3. For custom-made goods (§2086 Civil Code), a 30% deposit is required.

4.4. The Seller generally does not require prepayment, except for made-to-order goods (see 4.3).

4.5. In case of cash or COD, the price is payable on delivery. For bank transfers, payment is due within [X] days of contract conclusion.

4.6. When paying by transfer, the Buyer must include a variable symbol. Payment is fulfilled when the amount is credited to the Seller’s Account.

4.7. The Seller may require full payment before dispatch, especially if no additional confirmation is received (see 3.7).

4.8. Discounts offered cannot be combined.

4.9. The Seller, being VAT-registered, issues a tax invoice to the Buyer after payment, sent electronically to the Buyer’s email address.

4.10. Under the Act on Registration of Sales, the Seller must issue a receipt and register it online with the tax administrator; in case of technical failure, within 48 hours.

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h2. 5. Withdrawal from the Purchase Contract

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods that were modified (manufactured) according to the Buyer's wishes or for their person; goods subject to rapid deterioration; goods irreversibly mixed with other goods after delivery; goods in sealed packaging that the consumer unsealed and cannot be returned for hygiene reasons; or audio, video recordings or software whose original packaging has been opened.

5.2. Unless it is a case referred to in Article 5.1 or any other case where withdrawal is not permitted, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, pursuant to Section 1829(1) of the Civil Code. If the Purchase Contract includes several goods or parts, the period starts upon receipt of the last delivery. Withdrawal must be sent to the Seller within this period. The Buyer may use the withdrawal form provided by the Seller as an annex to these Terms. Withdrawal can be sent to the Seller’s business address or email address.

5.3. In case of withdrawal according to Article 5.2, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal. The Buyer bears the cost of returning the goods, even if it cannot be returned by standard postal service due to its nature.

5.4. If the Buyer withdraws from the contract, the Seller shall return all received funds within fourteen (14) days using the same payment method, unless otherwise agreed and without additional costs for the Buyer. The Seller is not obliged to return the payment before receiving the goods back or proof of return.

5.5. The Seller is entitled to offset any damage to the goods against the Buyer’s claim for a refund.

5.6. If the Buyer has the right to withdraw according to Section 1829(1), the Seller may also withdraw at any time before delivery. In such a case, the Seller will refund the purchase price without undue delay by bank transfer.

5.7. If a gift was provided with the goods, the gift agreement is conditional upon the contract not being withdrawn from. Upon withdrawal, the gift must be returned together with the goods.

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h2. 6. Delivery of Goods

6.1. Goods are delivered to the address specified by the Buyer (via Česká pošta, PPL), by personal pickup at the Seller’s premises, or by a method requested by the Buyer. The method is selected during the order process or by email after ordering.

6.2. If the delivery method is based on the Buyer’s special request, the Buyer bears the risk and any additional costs.

6.3. If the Seller is obliged to deliver to a location specified in the Order, the Buyer must accept the goods upon delivery.

6.4. If delivery must be repeated or made by a different method due to the Buyer’s fault, the Buyer shall bear the costs.

6.5. Upon receipt, the Buyer must inspect the packaging. If damaged, notify the carrier immediately. If signs of unauthorized access are found, the Buyer is not obliged to accept the shipment.

6.6. The Seller is not liable for non-performance due to force majeure. Force majeure includes events outside the Seller’s control that prevent performance and could not have been reasonably foreseen or overcome (e.g., natural disasters, state intervention, war, epidemics, strikes, system outages). The Seller must notify the Buyer of such events without delay.

6.7. Further delivery terms may be governed by specific delivery policies issued by the Seller.

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h2. 7. Rights Arising from Defective Performance

7.1. The rights and obligations regarding defective performance are governed by applicable legislation (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

7.2. The Seller guarantees that the goods are free from defects upon receipt by the Buyer. Specifically:

* 7.2.1. The goods have the agreed properties, or those expected based on their nature or advertisement;

* 7.2.2. They are suitable for the stated or customary purpose;

* 7.2.3. They correspond to the agreed sample or template;

* 7.2.4. They are of the correct quantity, measure, or weight;

* 7.2.5. They comply with legal requirements.

7.3. Article 7.2 does not apply to goods sold at a discount for known defects, wear from normal use, or defects consistent with the item's condition when sold. Nor does it apply to custom-made goods with faults resulting from the Buyer’s specifications.

7.4. If a defect appears within six months of delivery, it is presumed to have existed at delivery. The Buyer may claim rights for defects found in consumer goods within 24 months.

7.5. The Buyer shall exercise rights from defects at the Seller’s business location, or at another suitable address.

7.6. Further warranty conditions may be set out in the Seller’s complaint policy.

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h2. 8. Other Rights and Obligations of the Contracting Parties

8.1. The Buyer acquires ownership of the goods by paying the full purchase price.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the email address info@prokyber.cz. The Seller shall send information about how the complaint was handled to the Buyer’s email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The Buyer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr for resolving disputes between the Seller and the Buyer.

8.5. The European Consumer Centre Czech Republic, located 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.

8.6. The Seller is authorized to sell goods based on a trade license. Trade supervision is performed by the relevant trade licensing authority. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, to a limited extent, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

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h2. 9. Personal Data Protection

9.1. The protection of the personal data of the Buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, and phone number (hereinafter collectively referred to as "personal data").

9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of fulfilling rights and obligations arising from the Purchase Contract and for the purpose of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data for the purpose of sending information and commercial messages. Granting consent under this clause is not a condition that would in itself prevent the conclusion of the Purchase Contract.

9.4. The Buyer is obliged to provide accurate and truthful personal data and to update such data without undue delay in case of any changes.

9.5. The Seller may entrust a third party with the processing of the Buyer’s personal data as a data processor. Except for persons transporting the goods, personal data will not be passed on to third parties without the Buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided is accurate and that the Buyer has been informed that the provision of such data is voluntary.

9.8. If the Buyer believes that the Seller or data processor is processing their personal data in violation of the protection of the Buyer’s private and personal life or in breach of the law, especially if the data is inaccurate for the purpose of its processing, the Buyer may:

9.8.1. request an explanation from the Seller or the processor;

9.8.2. request that the Seller or processor remedy the situation.

9.9. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide such information. The Seller has the right to request reasonable compensation not exceeding the necessary costs of providing the information.

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h2. 10. Commercial Communications and Cookies

10.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business to the Buyer's email address, and further agrees to receive commercial communications to this address.

10.2. The Buyer agrees to the storage of so-called cookies on their device. If it is possible to complete a purchase on the website and fulfill the Seller’s obligations from the Purchase Contract without cookies being stored, the Buyer may withdraw this consent at any time.

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h2. 11. Delivery of Notices

11.1. Any notices regarding the relationship between the Seller and the Buyer, particularly withdrawal from the Purchase Contract, must be delivered by registered mail unless otherwise stated in the Purchase Contract. Notices are deemed delivered and effective at the moment of delivery by postal service, except for a withdrawal notice from the Buyer, which is effective if sent within the withdrawal period.

11.2. Notices are also deemed delivered if the recipient refuses to accept the delivery, fails to collect it within the storage period, or if it is returned as undeliverable.

11.3. The parties may deliver routine correspondence by email, to the address specified in the Buyer’s User Account or Order, or as stated on the Seller’s website.

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h2. 12. Final Provisions

12.1. If the contractual relationship established by the Purchase Contract includes an international (foreign) element, the parties agree that such relationship shall be governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.

12.2. If any provision of these Terms becomes invalid or ineffective, it shall be replaced by a valid provision that best reflects the original intent. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Changes and amendments to the Purchase Contract or these Terms require a written form.

12.3. The Purchase Contract, including the Terms, is archived by the Seller in electronic form and is not accessible.

12.4. A model withdrawal form is attached as an annex to these Terms.

12.5. Seller’s contact information:

* Delivery address: Cyrila Boudy 1444, Kladno 27201

* Email: info@prokyber.cz

* Phone: +420 737 887 800

12.6. In the case of digital content purchases, the Buyer should carefully read the product specifications and consult technical support at https://rm.prokyber.cz or contact the Seller. The functionality of digital content is usually tied to a specific ICT architecture. Licenses are listed on the support page https://rm.prokyber.cz or directly on GitHub at https://github.com/prokyber/.

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