General Terms and Conditions of Use

1. General Provisions

• 1.1 These Terms and Conditions stipulate the rights and obligations in the purchase of goods in the Switch-mart e-shop (hereinafter the “Terms and Conditions”) between the Seller, Ing. Marian Váňa, a company with its registered office at Strážov 343, 340 21 Strážov, Czech Republic, Id. No.: 13862618, (hereinafter the “Seller”) and a person interested in purchasing goods (hereinafter the “Buyer”).
• 1.2 The Seller offers its goods via an e-shop at: switch-mart.com (hereinafter the “E-shop”).
• 1.3 Contact details of the Seller are as follows:

• 1.4 Through the E-shop, the Seller offers and sells products (hereinafter the “Goods”).
• 1.5 A consumer is any person who deals or enters into a contract with the Seller outside the scope of his/her business activities or outside the scope of an independent performance of a profession (hereinafter the “Consumer”).
• 1.6 A consumer contract is a contract concluded between the Seller and the Consumer (hereinafter the “Consumer Contract”).
• 1.7 These Terms and Conditions form an integral part of each purchase contract for the Goods entered into by and between the Seller and the Buyer, where the contractual arrangements shall consist of these Terms and Conditions and the Buyer’s purchase order confirmed by the Seller.
• 1.8 These Terms and Conditions have been drawn up in the Czech and English languages. A purchase contract with the Seller may be executed in the Czech or English languages. The choice of a language shall be made by the Buyer in the E-shop settings.
• 1.9 The Buyer agrees with the use of means of distance communication in relation to the execution of a purchase contract with the Seller. The costs incurred by the Buyer by using means of distance communication in this respect (internet and telephone) shall be borne by the Buyer. These costs do not differ from the basic rates at the Buyer’s location.

2. User Account

• 2.1 The e-shop is also accessible without user registration. If you wish to use Switch-mart account to make your purchase easier, you need to log in with your login details or create an account.

3. Purchase Order

• 3.1 Information on the Goods and their prices made available through the E-shop does not constitute a proposal for execution of a purchase contract by the Seller and is indicative only. Section 1732 of Act No. 89/2012 Coll., the Civil Code, will thus not apply to this information.
• 3.2 The Buyer shall create a purchase order in several steps, including especially the choice of the Goods and their quantity, placing the selected Goods in a shopping basket, filling in personal data and selecting the manner of payment and delivery.
• 3.3 When creating a purchase order, the Buyer shall be informed of the available manners of delivery of the Goods, as well as of the relevant costs of delivery to the place of delivery chosen by the Buyer. The costs of delivery of the Goods, including the packaging, are not included in the purchase price of the Goods. In case the Seller provides the delivery of the Goods free of charge, this fact is expressly stated.
• 3.4 Before submitting the purchase order, the summary of the purchase order is always displayed to the Buyer, in which the Buyer is enabled to check the purchase order and make changes before submitting.
• 3.5 Any and all information on the prices of the Goods made available through the E-shop represents the final prices including all taxes and fees that the Seller is obliged to pay; these prices do not include the costs of delivery of the Goods and other fees, such as customs duties and other levies (see Art. 3.7)
• 3.6 In case of delivery of goods outside the Czech Republic to any of the EU (or EEA) countries, the final price specified in the purchase order will be charged including the value added tax (VAT), except for cases where the Buyer (VAT payer in the country of his/her/its registered office) provides us with information on its VAT registration including the applicable EU VAT number.
• 3.7 In case of delivery of goods to a third country (outside the EU or outside the EEA), the prices of the goods are specified excluding VAT and other applicable taxes, fees and customs duties.
• 3.8 The purchase price may be paid in Czech crowns, Euros or US dollars. The currency can be selected in the E-shop settings before confirming the purchase order.
• 3.9 After the Buyer submits the purchase order, it will be processed by the Seller who will subsequently send its confirmation to the Buyer. The purchase contract for the Goods is made upon delivery of the confirmation of the purchase order sent by the Seller to the Buyer’s e-mail address. 
• 3.10 Thus, the purchase order submitted to the Seller represents the Buyer’s proposal to execute a purchase contract on the basis of these Terms and Conditions. The confirmation of the purchase order represents acceptance of the proposal by the Seller. If a purchase order includes goods that are not in stock for immediate dispatch to the Buyer, the Seller will deliver the goods without undue delay when they are back in stock. The Seller will indicate an illustrative, non-binding delivery date directly on the E-shop website or upon confirmation of the purchase order.
• 3.11 By submitting an order, the Buyer expresses his/her/its consent to these Terms and Conditions, which are also always available from the E-shop interface
• 3.12 On the basis of the executed purchase contract, the Seller is obliged to deliver the Goods to the Buyer in the agreed manner in the corresponding quantity and quality. The Buyer is obliged to pay to the Seller the purchase price of the Goods and the costs of their delivery, as well as to take over the delivered Goods.
• 3.13 The purchase contract, including the Terms and Conditions, shall be archived in electronic form and shall not be accessible.
• 3.14 The Seller is not bound by any special codes of conduct in relation to the Buyer.

4. Price and Payment

• 4.1 Payments for the ordered goods may be made in one of the following manners; available manners of payment may differ depending on the Buyer’s location:
• (a) by wire transfer to the Seller’s bank account on the basis of an invoice;
• (b) by cashless payment using payment cards and payment buttons of banks via a payment gateway of ComGate Payments, a.s. (https://www.comgate.cz/cz/platebni-brana),
  Gočárova třída 1754 / 48b, Hradec Králové
  E-mail: [email protected]
  Tel: +420 228 224 267;
• (c) by cashless payment via the PayPal service; or
• (d) by cashless payment via a service enabling payment of the purchase price by means of a cryptocurrency, such as Bitcoin (hereinafter the “Crypto Payment”).
• 4.2 In case of a wire transfer to the Seller’s bank account on the basis of an invoice, an invoice containing the payment details will be issued to you after the purchase order has been placed.
• 4.3 Cashless payments may also be made by means of payment cards listed at the E-shop website. After submitting an order, the Buyer is redirected to a payment gateway and is requested to enter the information on his/her/its payment card and to authorize the payment in the amount of the total price of the purchase order. The use of the payment gateway shall be governed by the terms and conditions of the operator of the relevant payment gateway, which are available online. If permitted by the laws of the country and the terms and conditions of the issuer of the payment card or by other applicable regulation, the Seller may choose not to require verification of payments made by a payment card through 3D-Secure.
• 4.4 When selecting a payment via the PayPal service, after submitting the purchase order, the Buyer will be redirected to the PayPal payment gateway. All the terms and conditions of the payment operation shall be governed by the terms and conditions of the PayPal service.
• 4.5 For payments made via Crypto Payment, the Buyer will be redirected to payment gateway after submitting the purchase order. All the terms and conditions of the payment operation shall be governed by the terms and conditions of the payment gateway. By using the Crypto Payment, the Buyer expressly agrees that in the event the purchase price is refunded to the Buyer for any reason whatsoever, the purchase price will be refunded by wire transfer to the Buyer’s account in the currency and amount indicated in the tax receipt in the manner specified in Art. 11.3 hereof.
• 4.6 The Seller shall not be held liable for any damage caused in connection with the payment for the Goods through a third-party service (payment gateway, PayPal, Crypto Payment, etc.).
• 4.7 The Buyer is obliged to pay the entire purchase price of the Goods, including the price of shipping before their handover to the carrier for delivery. The Buyer is obliged to pay the purchase price of the Goods in full, including the costs for shipping, before their handover to the carrier for delivery.
• 4.8 Based on payment of the purchase price of the Goods and any costs of delivery, the Seller shall issue to the Buyer a sales receipt or tax receipt which will be sent to the Buyer in electronic form to the e-mail address specified in the purchase order.
• 4.9 If the Buyer fails to pay the purchase price of the Goods including the price of shipping within 14 business days of confirmation of the purchase order, such a delay shall be deemed a condition subsequent under the executed Purchase Contract. In case of a pre-order (i.e. delivery of goods that are not in stock or are yet to be manufactured, see Art. 3.10 hereof), the condition subsequent is fulfilled upon expiry of 14 business days of sending a request for payment of the purchase price including the price of shipping and, if applicable, other costs according to the relevant pre-order to no effect. In the event that the Buyer fails to pay the purchase price of the Goods, including the price of shipping, within 14 business days since the confirmation of the purchase order, such delay shall be deemed a termination condition of the Purchase Contract. In the case of a pre-order (i.e. delivery of Goods that are not in stock or are yet to be manufactured, see Article 3.10 hereof), the termination condition is fulfilled upon expiry of 14 business days from sending the request to pay the purchase price including shipping and, if applicable, other costs related to the relevant pre-order to no effect. The provisions of this Article (4.12) shall not apply to cases where the Buyer uses the option of paying the purchase price of the Goods by cash on delivery or by paying an invoice after the delivery of the Goods.

5. Manner of Delivery

• 5.1 The Buyer may choose from the manners of delivery of the Goods offered by the Seller at the time of placing the purchase order. Based on the Buyer’s choice, the Seller is obliged to hand over the Goods to the relevant carrier for transport to the agreed place of delivery, or to deliver the Goods to the place of delivery by its own means; in that case, the Buyer is obliged to take over the Goods at the place of delivery. This does not apply if the packaging of the Goods shows signs of damage corresponding to unauthorized opening of the consignment containing the Goods.
• 5.2 If the goods have to be delivered repeatedly or in a manner other than set out in the purchase order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs related to the repeated delivery or the costs related to the different manner of delivery, as appropriate.
• 5.3 The Buyer is obliged to inspect the Goods immediately after takeover of the Goods and notify the Seller of any defects without undue delay.
• 5.4 In case of delivery of the Goods to third countries outside the EU, the Buyer is liable for any and all customs duties and fees associated with the delivery of the Goods, which the Buyer is obliged to pay at his/her/its own expense.
• 5.5 The risk of damage to a thing shall pass to the Buyer upon takeover. The same consequences shall occur if the Buyer fails to take over a thing although he/she/it is allowed by the Seller to dispose of it.

6. Withdrawal

• 6.1 If the Seller is unable to deliver the Goods in due time due to temporary unavailability and the Buyer does not accept a later date of delivery, the Seller reserves the right to withdraw from the purchase contract. The Buyer may also withdraw from the purchase contract on the same grounds.
• 6.2 Furthermore, the Seller reserves the right to withdraw from the purchase contract with the Buyer also for serious objective reasons outside the Seller’s control, as a result of which the Seller will not be able to deliver the Goods under the relevant purchase contract without unreasonable difficulties (e.g. due to permanent unavailability, substantial changes in the manufacturing price of the Goods, imposition of export or import limitations by the competent authorities, etc.) or if the E-shop interface contains obviously incorrect information on the price of the Goods.
• 6.3 The Seller may also withdraw from the purchase contract if the Buyer fails to take over the duly delivered Goods or fails to provide co-operation necessary for their delivery. In that case, the costs of delivery shall be borne by the Buyer.

7. Withdrawal from the Contract by Customer

• 7.1 If the Buyer is a Consumer, the Buyer may withdraw from the Purchase Contract within 14 days of the date of takeover of the Goods by the Buyer without stating a reason. This shall in no way prejudice other rights of the Buyer concerning the possibility of withdrawal from the Purchase Contract.
• 7.2 Withdrawal from the Purchase Contract pursuant to Art. 7.1 may be sent by the Buyer in writing to the address of the Seller’s registered office or electronically to the Seller’s e-mail address specified in the E-shop interface, as well as in Article 1 hereof.
• 7.3 If the Consumer withdraws from the Purchase Contract, the Buyer is obliged to return the Goods to the Seller not later than within 14 calendar days of the withdrawal. The costs of returning the goods to the Seller shall be borne by the Buyer, even if the Goods cannot be returned to the Seller by regular mail due to their nature. The risk of damage to the Goods during their transport back to the Seller shall be borne by the Buyer.
• 7.4 The Buyer acknowledges that withdrawal from the Purchase Contract is not possible if the relevant goods were customized based on the Buyer’s wish or for the Buyer, if the Goods have been irreversibly mixed or connected with other goods after their delivery, if the Goods were delivered in an enclosed container and the Consumer has removed the Goods from the container and they cannot be returned to the container for reasons of hygiene, and if the Goods delivered consisted in a sound or video recording or a computer program, if the Buyer has breached the original packaging.
• 7.5 The Buyer acknowledges that in case of withdrawal from the contract pursuant to this Article 7, the Buyer is liable to the Seller for any decrease in the value of the Goods that arose as a result of disposal of the Goods in a manner other than necessary for the assessment of its nature and properties. At the same time, the Buyer acknowledges that withdrawal from the purchase contract is always possible only in relation to all items of one delivered product if it consists of several separable items.
• 7.6 The provisions of Articles 7.1 to 7.5 shall apply only to cases of withdrawal from the Purchase Contract by the Consumer. In other cases, unless the Buyer is a Consumer, the Purchase Contract may not be withdrawn from on other than statutory grounds.

8. Customer's Rights Arising from Defective Performance

• 8.1 The Seller is responsible for ensuring that, at the time of passage of the risk of damage to the Buyer, the Goods are free of any defects.
• 8.2 The Buyer’s rights arising from any defective performance shall be governed by Act No. 89/2012 Coll., the Civil Code, in particular Sections 2099 to 2117 thereof, and, if the Buyer is a consumer, also Sections 2165 to 2174.
• 8.3 If the Goods have defects that constitute a material breach of the purchase contract, the Buyer has the right to request the following:
• (a) removal of the defect by having the Goods repaired;
• (b) delivery of new or missing Goods;
• (c) right to request an appropriate discount on the purchase price; or
• (d) right to withdraw from the purchase contract.
• If the Buyer fails to notify the Seller of the choice of its right in due time, the Buyer shall only have the rights specified below in case of non-material breach of the purchase contract. If the Buyer fails to notify the Seller of a defect of the Goods in due time, the Buyer loses the right to withdraw from the contract. If the Goods only have defects that constitute a non-material breach of the purchase contract, the Buyer has the right to claim remedy of the defect or a reasonable discount on the purchase price.
• 8.4 If the Buyer is a Consumer, the Buyer may also request delivery of new goods free of defects unless this is unreasonable in view of the nature of the defect. If the defect affects a part of the Goods, the Buyer may only request replacement of the given part. If this is not possible, the Buyer may withdraw from the purchase contract. Even where a defect is removable, the Buyer who is a Consumer may request to have new Goods delivered or a component part replaced if he/she cannot use the Goods properly due to repeated occurrence of the defect after a repair or due to a higher number of defects. In that case, the Buyer may also withdraw from the purchase contract.
• 8.5 If the Buyer is a Consumer and if a defect of the Goods becomes apparent within 6 months of its takeover, it shall be deemed that the Goods were already defective upon takeover. Furthermore, the Buyer, who is a Consumer, is entitled to exercise the right arising from a defect of the Goods that becomes apparent within 24 months of their takeover; this shall not apply to a defect regarding which a lower price was agreed, usual wear and tear of the Goods, defect corresponding to the degree of wear and tear upon takeover by the Buyer, and also if this follows from the nature of the Goods.
• 8.6 A person having the right under Section 1923 of the Civil Code is also entitled to compensation of the costs purposefully expended in exercising this right. However, if the person fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if the Seller invokes late assertion of the right to compensation.

9. Report of Defects

• 9.1 The Buyer shall exercise his/her/its rights arising from defective performance with the Seller at the address of the establishment, or at the registered office or place of business of the Seller, except for cases where another person is appointed to perform the repair.
• 9.2 The Buyer is obliged to notify the Seller of the choice of its right in relation to the defects of the Goods in conjunction with notification of the defects of the Goods or without undue delay after the notification thereof.
• 9.3 In case the Buyer is a Consumer, the Seller or an employee authorized by the Seller is obliged to make a decision on the report of defects immediately, or, in complicated cases, within 3 business days. This period does not include a period of time reasonable in view of the type of goods (Goods) which is required for expert assessment of the defect. A report of defects must then be resolved, including removal of the defect, without undue delay, but not later than within 30 days of the date of reporting the defects unless the Seller and the Buyer agree on a longer period of time. Expiry of this deadline to no effect shall be deemed a material breach of the purchase contract by the Seller.

10. Refund

• 10.1 In case of withdrawal from the purchase contract by the Consumer pursuant to Article 7 hereof, the Seller is obliged to refund to the Buyer the amount of the purchase price of the Goods and the costs of their delivery not later than within 14 calendar days of the withdrawal from the purchase contract by the Buyer pursuant to Articles 7.1 to 7.3 hereof, provided that the Buyer has already handed over the Goods back to the Seller or if the Buyer proves that the Goods have already been sent to the Seller. If the Buyer chooses any other than the cheapest manner of delivery of the Goods offered by the Seller, the Seller shall refund to the Buyer only the costs of delivery of the Goods in an amount corresponding to the cheapest manner of delivery.
• 10.2 In other cases, the Seller is obliged to refund the purchase price of the Goods to the Buyer without the costs of their delivery within 30 days of the time when the Buyer becomes entitled to a refund of the purchase price hereunder.
• 10.3 If the Seller becomes obliged to refund to the Buyer the purchase price of the Goods paid by the Buyer through a Crypto Payment, the Seller shall refund to the Buyer the purchase price of the Goods in the currency and amount specified in the tax receipt to the bank account specified by the Buyer.

11. Complaints

• 11.1 The Buyers may address their complaints directly to the Seller’s e-mail address specified in Article 1 hereof. The Seller shall always send information on the manner of processing any complaint to the Buyer’s e-mail address.
• 11.2 The Buyer may also address any complaints directly to the State supervisory authorities in the relevant area. The Seller is authorized to sell Goods on the basis of a trade license. The operation of trade is controlled by the competent trade authority within its jurisdiction. Czech Telecommunication Office is the competent supervisory authority for complaints concerning electronic communication services. To the relevant extent, the Czech Trade Inspection Authority performs supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

12. Out-of-court Resolution of Customer Disputes

• 12.1 In case of any consumer dispute between the Buyer as a Consumer and the Seller, where the dispute cannot be resolved by mutual agreement, the Buyer may file an application for out-of-court resolution of the dispute with an entity competent to deal with out-of-court resolution of consumer disputes, specifically: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15 120 00 Prague 2, e-mail: [email protected], web: adr.coi.cz. The Buyer may also use the online dispute resolution platform established by the European Commission, which is available at: http://ec.europa.eu/consumers/odr/.

13. Privacy Protection

• 13.1 The privacy policy is contained in a separate document available at https://switch-mart.com/privacy-policy/, which forms an integral part of the Terms and Conditions and through which the Seller performs its obligation to provide information to the Buyer. By accepting these Terms and Conditions, the Buyer also agrees with this privacy policy.

14. Final Provisions

• 14.1 The Seller may amend or supplement the wording of these Terms and Conditions at any time; however, this shall in no way prejudice the rights and obligations arising during the term of effect of the previous wording hereof. In addition, the Seller may unilaterally amend the Terms and Conditions to a reasonable extent in respect of its long-term obligations following from these Terms and Conditions. The Seller shall notify the Buyer of such changes to the Terms and Conditions at least 14 days before the effective date of the new Terms and Conditions by publishing the new wording in the E-shop interface or by sending a message to the Buyer’s e-mail address. The Buyer may reject such changes to the Terms and Conditions by deleting his/her/its user account. If the Buyer fails to do so or does not request it by the effective date of the amendment, it shall be deemed that the Buyer accepts the changes to the Terms and Conditions.
• 14.2 These Terms and Conditions shall be governed by the binding legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. Furthermore, the Buyer, who is a Consumer, acknowledges that the choice of law pursuant to the preceding sentence shall not prejudice his/her consumer rights that cannot be derogated from by agreement and that would be used in the absence of the choice of law under the provisions of Article 6 (1) of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
• 14.3 The Parties expressly exclude the applicability of the Vienna Convention on Contracts for the International Sale of Goods to contractual relationships established by the Purchase Contract under these Terms and Conditions.
• 14.4 Invalidity or ineffectiveness of a provision of these Terms and Conditions shall in no way prejudice the validity and effectiveness of other provisions.
• 14.5 The valid and effective version of these Terms and Conditions is always available at: https://switch-mart.com/general-terms-and-conditions-of-use/.
• 14.6 This version of the Terms and Conditions is valid and effective from 02.05.2022 and replaces all previous versions of the Gernal Terms and Conditions, including their other parts.
• 14.7 Contact details of the Seller are specified in the introduction to these Terms and Conditions.