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General terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE METALPLAST E-SHOP

These General Terms and Conditions (“Terms”) of MetalPlast Lipník n. B. a.s., with its registered office at Seminárka 109, 751 31 Lipník nad Bečvou, ID No. (IČO): 47676566, registered in the Commercial Register under File No. B 794 maintained by the Regional Court in Ostrava, e-mail: jana.krmencikova@metalplast.cz, telephone number: 581 726 237, premises address: Seminárka 109, 751 31 Lipník nad Bečvou (“We” or the “Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded via the E-shop on the website eshop.metalplast.cz.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the text of the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms.

As you certainly know, We primarily communicate remotely. Therefore, means of distance communication apply to our Agreement as well, allowing us to reach an agreement without the simultaneous physical presence of Us and You; the Agreement is thus concluded in a distance manner within the E-shop environment via the website interface (“E-shop web interface”).

If any part of the Terms contradicts what we have mutually approved during your purchase process on Our E-shop, this specific agreement will take precedence over the Terms.

CERTAIN DEFINITIONS

  • Price is the financial amount you will pay for the Goods;

  • Shipping Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

  • Total Price is the sum of the Price and the Shipping Price;

  • VAT is the value-added tax in accordance with applicable legal regulations;

  • Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

  • Order is your binding proposal to conclude an Agreement for the purchase of Goods with Us;

  • User Account is an account established based on the data provided by you, which allows for the storage of the entered data and the history of ordered Goods and concluded Agreements;

  • You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;

  • Goods means everything you can purchase on the E-shop.

General Provisions and Notifications

  1. The purchase of Goods is only possible through the E-shop web interface.

  2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, We will consider the information you provided in the Order to be correct and truthful.

  3. On our E-shop, we also provide access to reviews of the Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking the reviews to specific orders; thus, in our internal system, we see the linked order ID for each review, enabling us to verify and prove that the review originates from a real consumer.

CONCLUSION OF THE AGREEMENT

  1. The Agreement with Us can be concluded in the Czech, English, and German languages.

  2. The Agreement is concluded remotely via the E-shop, whereby the costs of using means of distance communication are borne by You. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., in particular for internet access); therefore, you do not need to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree to our use of means of distance communication.

  3. In order for us to conclude the Agreement, it is necessary for you to create an Order on the E-shop. This proposal must include the following information:

    • Information about the purchased Goods (on the E-shop, you mark the Goods you are interested in purchasing with the button “add to cart” / „do košíku“);

    • Information about the Price, Shipping Price, method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the E-shop, whereby the information on the Price, Shipping Price, and Total Price will be generated automatically based on the Goods, delivery method, and payment method chosen by you;

    • Your identification and contact details used to enable us to deliver the Goods, in particular your first name, surname, delivery address, telephone number, and e-mail address.

  4. During the creation of the Order, you can change and check the data until the Order is completed. After performing the check, you complete the Order by pressing the button “Order with obligation to pay” / „Objednat s povinností platby“. Before pressing the button, however, you must confirm that you have read and agree to these Terms, otherwise it will not be possible to complete the Order. A checkbox serves for confirmation and consent. After pressing the button “Order with obligation to pay”, all filled-in information will be sent directly to Us.

  5. We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms in the version effective on the date of the Order, i.e., in the version attached as an attachment to the confirmation e-mail, form an integral part of the Agreement. The Agreement between Us and You is concluded upon confirmation of the Order.

  6. There may also be cases where We will not be able to confirm your Order. This concerns, in particular, situations where the Goods are not available or cases where you order a larger number of items of Goods than is permitted by Us. However, We will always provide information regarding the maximum number of Goods in advance within the E-shop, so it should not be a surprise to you. In the event that any reason arises for which We cannot confirm the Order, We will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment you confirm Our offer.

  7. In the event that an obviously incorrect Price is stated within the E-shop or in the Order, We are not obliged to deliver the Goods to you at this Price even if you have received the Order confirmation and thus the Agreement has been concluded. In such a situation, We will contact you without delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. In such a case, the new Agreement is concluded at the moment you confirm Our offer. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a digit is missing or extra.

  8. In the event that the Agreement is concluded, you incur an obligation to pay the Total Price.

PRICE AND PAYMENT CONDITIONS, RETENTION OF TITLE

  1. The Price is always stated within the E-shop, in the draft Order, and naturally in the Agreement. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Agreement. The Shipping Price, or the conditions under which shipping is free, is also stated within the draft Order.

  2. The Total Price is stated including VAT and including all fees stipulated by law.

  3. We will require payment of the Total Price from you after the conclusion of the Agreement and before handing over the Goods. You can pay the Total Price in the following ways:

    • By bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within three days.

    • By card online. In such a case, the payment takes place via the Shoptet Pay payment gateway, whereby the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. In the case of online card payment, the Total Price is payable within three days.

    • Cash on delivery (Dobírka). In such a case, the payment will be made upon delivery of the Goods against the handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.

    • In cash upon personal collection. The Goods can be paid for in cash in the case of collection at Our premises. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.

  4. The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically attached to the Goods.

  5. Ownership title to the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account; in other cases, it is paid at the moment the payment is executed.

DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE PROPERTY

  1. The Goods will be delivered to you no later than within 7 days in the manner of your choice, whereby you can choose from the following options:

    • Personal collection at Our premises listed in the list of premises;

    • Personal collection at the pick-up points of Zásilkovna, Uloženka;

    • Delivery via shipping companies Česká pošta, PPL CZ, DHL, Zásilkovna;

  2. The Goods can only be delivered within the European Union.

  3. The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at the premises, We will always inform you about the possibility of picking up the Goods via e-mail.

  4. Upon taking over the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us without delay. In the event that there is a defect in the packaging indicating unauthorized manipulation and entry into the shipment, it is not your obligation to take over the Goods from the carrier.

  5. In the event that you breach your obligation to take over the Goods, except for cases pursuant to Article 6.4 of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods does not constitute a withdrawal from the Agreement between Us and You. In such a case, however, We incur the right to withdraw from the Agreement due to your material breach of the Agreement, or to store the Goods, for which We are entitled to remuneration from you. If We decide to withdraw from the Agreement, the withdrawal is effective on the day We deliver this withdrawal to you. Withdrawal from the Agreement does not affect the entitlement to payment of the Shipping Price or the entitlement to compensation for damages, if any arose.

  6. If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Agreement, it is your obligation to compensate Us for the costs associated with this repeated delivery. We will send the payment details for the payment of these costs to your e-mail address stated in the Agreement, and they are payable within 14 days of delivery of the e-mail.

  7. The risk of damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, except for cases pursuant to Article 6.4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over, but the takeover did not occur due to reasons on your side. The transfer of the risk of damage to the Goods means for you that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

  8. In the event that the Goods were not listed as in stock in the E-shop and an indicative availability period was stated, We will always inform you in the event of:

    • an extraordinary production outage of the Goods, whereby We will always communicate to you the new expected availability period or information that it will not be possible to deliver the Goods;

    • a delay in the delivery of the Goods from Our supplier, whereby We will always communicate to you the new expected delivery time.

RIGHTS FROM DEFECTIVE PERFORMANCE

  1. We guarantee that at the time of the transfer of risk of damage to the Goods pursuant to Article 6.7 of the Terms, the Goods are free of defects, in particular that the Goods:

    • correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;

    • are fit for the purpose for which you require them and with which We agree;

    • are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;

    • are fit for the purpose for which Goods of this type are normally used;

    • correspond in quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, to the usual characteristics of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular through advertising or labeling;

    • are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and

    • correspond in quality or design to the sample or model provided to you before the conclusion of the contract.

  2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

  3. In the event that the Goods have a defect, i.e., in particular if any of the conditions under Article 7.1 are not met, you may notify Us of such a defect and exercise your rights from defective performance (i.e., claim the Goods) by sending an e-mail or a letter to Our addresses listed under Our identification data, or in person at the address Seminárka 109, 751 31 Lipník nad Bečvou. For the claim, you may also use the sample form provided by Us, which forms Annex No. 1 to the Terms. In exercising the right from defective performance, you need to choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the right from defective performance exercised by you.

  4. If the Goods have a defect, you have the following rights:

    • to have the defect removed by delivering new Goods without defect, or by delivering the missing part of the Goods; or

    • to have the defect removed by repairing the Goods,

    • unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you.

  5. We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the Goods would have without the defect.

  6. Furthermore, you have the right to:

    • a reasonable discount on the Price; or

    • withdrawal from the Agreement, if:

      • We refuse to remove the defect or do not remove it in accordance with legal regulations;

      • the defect manifests itself repeatedly;

      • the defect constitutes a material breach of the Agreement; or

      • it is obvious from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.

  7. The right to withdraw from the Agreement does not apply if the defect of the Goods is insignificant.

  8. In the event that you caused the defect on the Goods yourself, you are not entitled to rights from defective performance.

  9. Wear and tear of the Goods caused by their normal use, or in the case of used Goods, wear and tear corresponding to the extent of their previous use, does not constitute a defect of the Goods.

  10. Upon exercising a claim, We will issue a written confirmation to you stating:

    • the date when you exercised the claim;

    • the content of the claim;

    • the method of claim settlement you require;

    • your contact details for the purpose of providing information about the settlement of the claim.

  11. Unless we agree on a longer period, We will remove the defects and provide you with information about the settlement of the claim to the specified contact details within 30 days of receiving the claim. If this period expires fruitlessly, you may withdraw from the Agreement or demand a reasonable discount.

  12. We will inform you about the settlement of the claim by e-mail and issue a confirmation of the date and method of settlement of the claim. If the claim is justified, you are entitled to compensation for reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the shipping price. In the event that the defect was removed by delivering new Goods, it is your obligation to return the original Goods to Us, but the costs of this return will be borne by Us.

  13. In the event that you are entrepreneurs, it is your obligation to notify and complain about the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.

  14. In the event that you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from receipt of the Goods.

WITHDRAWAL FROM THE AGREEMENT

  1. Withdrawal from the Agreement, i.e., the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article, or in other provisions of the Terms in which the possibility of withdrawal is explicitly stated.

  2. In the event that you are a consumer, i.e., a person purchasing Goods outside the scope of their entrepreneurial activity, you have the right to withdraw from the Agreement without giving any reason within a period of 14 days from the date of conclusion of the Agreement, or, if it is a purchase of goods, within fourteen days of its receipt, in accordance with the provisions of Section 1829 of the Civil Code. In the event that we have concluded an Agreement the subject of which is several items of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last item or part of the Goods, and in the event that we have concluded an Agreement on the basis of which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery.

  3. You may withdraw from the Agreement by any provable means (in particular by sending an e-mail or a letter to Our addresses listed under Our identification data). You can also use the online withdrawal from the Agreement function, which is located in the section of the e-shop dedicated to claims and returns of goods and is marked with the button “Return products” / „Vrátit produkty“. If you use this option, We will confirm receipt of your statement of withdrawal from the contract in text form (for example via electronic mail) without undue delay, including its content and the date and time of its sending. For the withdrawal, you may also use the sample form provided by Us, which forms Annex No. 2 to the Terms.

  4. However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is a performance specified in Section 1837 of the Civil Code.

  5. The withdrawal period pursuant to Article 8.2 of the Terms is deemed to have been maintained if you send Us a notice that you are withdrawing from the Agreement during the course of the period.

  6. In the case of withdrawal from the Agreement pursuant to Article 8.2 of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have Us return the Shipping Price to you, but only in an amount corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Agreement, We also bear the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that We offered during the delivery of the Goods.

  7. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Agreement. However, the amount will not be returned before We receive the Goods or before you prove to Us that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.

  8. In the case of withdrawal from the Agreement pursuant to Article 8.2 of the Terms, you are, however, liable to Us for any reduction in the value of the Goods that arose as a result of handling these goods otherwise than is necessary to familiarize yourself with the nature, characteristics, and functionality of the Goods, i.e., in the manner in which you would familiarize yourself with the Goods in a brick-and-mortar store. In the event that We have not yet returned the Price to you, We are entitled to set off the claim arising from the costs against your claim for the return of the Price.

  9. We are entitled to withdraw from the Agreement at any time before We deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the expiry of the period specified in Article 6.1 of the Terms. We may also withdraw from the Agreement if it is obvious that you deliberately provided incorrect information in the Order. In the event that you purchase goods within the scope of your entrepreneurial activity, i.e., as an entrepreneur, We are entitled to withdraw from the Agreement at any time, even without giving a reason.

CONSUMER DISPUTE RESOLUTION

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

  2. We handle consumer complaints via the electronic address jana.krmencikova@metalplast.cz. We will send information about the settlement of the complaint to the buyer's electronic address.

  3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No. (IČ): 000 20 869, internet address: http://www.coi.cz, is competent for the alternative (out-of-court) resolution of consumer disputes arising from the Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase agreement concluded by electronic means.

  4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

FINAL PROVISIONS

  1. If Our and Your legal relationship contains an international element (i.e., for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, your rights arising from legal regulations are not affected by this arrangement.

  2. We will deliver all written correspondence to you by electronic mail. Our e-mail address is listed under Our identification data. We will deliver correspondence to your e-mail address stated in the Agreement, in the User Account, or through which you contacted us.

  3. The Agreement can only be amended on the basis of our written agreement. However, We are entitled to change and supplement these Terms; this change will not affect already concluded Agreements, but only Agreements that will be concluded after the effective date of this change. We will send you information about the change to your e-mail address at least 14 days before the effective date of this change. If We do not receive a termination notice from you within 14 days of sending the information about the change regarding a concluded Agreement for regular and repeated deliveries of Goods, the new terms become part of our Agreement and will apply to the next delivery of Goods following the effective date of the change. The notice period in the event that you submit a termination notice is 2 months.

  4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), We are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both We and You have the right to withdraw from the Agreement.

  5. A sample form for claims and a sample form for withdrawal from the Agreement are attached to the Terms.

  6. The Agreement, including the Terms, is archived in electronic form by Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and the Terms.

  7. These Terms become effective on 1 July 2026.

Annex 1 - Claim Form: claim_2026
Annex 2 - Withdrawal Form: withdrawal_2026