TERMS AND CONDITIONS
of the trading company Plus Pro Nohy s.r.o. Registered office: Kaprova 42/14, Prague 1, 110 00 Identification Number (IČ): 11777869 Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 354209 for the sale of goods via the online shop located at the internet address
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the trading company Plus Pro Nohy s.r.o., with its registered office at Kaprova 42/14, Prague 1, 110 00, Identification Number: 11777869, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 354209 (hereinafter referred to as the "Seller"), govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online shop, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). The online shop is operated by the Seller on the website located at the internet address
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration made on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Shop Web Interface allows it, the Buyer can also order goods without registration directly from the Shop Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data entered in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 1 year, or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the Shop Web Interface is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The Shop Web Interface contains information about the goods, including the prices of individual goods and the costs for returning the goods if these goods cannot, by their nature, be returned by the usual postal route. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid for the time they are displayed in the Shop Web Interface. The prices of goods are adapted to the person of the Buyer based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions.
3.3. The Shop Web Interface also contains information about the costs associated with the packaging and delivery of goods, and about the method and time of delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the Shop Web Interface applies only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the Seller offers free transport of goods, the prerequisite for the creation of the right to free transport of goods on the part of the Buyer is the payment of a minimum total purchase price of the transported goods in the amount set in the Shop Web Interface. In the event of partial withdrawal from the Purchase Contract by the Buyer and the total purchase price of the goods for which the Buyer did not withdraw from the contract does not reach the minimum amount required for the right to free transport of goods according to the previous sentence, the Buyer's right to free transport of goods ceases and the Buyer is obliged to pay the transport of goods to the Seller.
3.4. The Shop Web Interface contains information about: 3.4.1. the goods being ordered (the Buyer "inserts" the ordered goods into the electronic shopping cart of the Shop Web Interface), 3.4.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods, and 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the input data that the Buyer entered into the Order, also with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "Send Order" (Odeslat Objednávku) button. The data listed in the Order are deemed correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt by electronic mail, to the Buyer's electronic mail address specified in the User Account or in the Order (hereinafter referred to
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's Electronic Address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Buyer themself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
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in cash at the Seller's premises at Poliklinika Budějovická, 6th floor;
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in cash on delivery at the place specified by the Buyer in the Order;
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by cashless transfer to the Seller's account No. 8786578002/5500, maintained with Raiffeisen bank (hereinafter referred to as the "Seller's Account"); or via QR code;
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cashless via the payment system ...;
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cashless by payment card;
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in cash or by payment card upon personal collection at a parcel pickup point.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price generally implies the purchase price including the costs associated with the delivery of goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash, on delivery, or at a parcel pickup point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days from the conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's Account.
4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
4.8. If it is customary in business dealings or if it is so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a payer of value-added tax. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's Electronic Address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract for the supply of, among other things: 5.1.1. goods manufactured according to the requirements of the Buyer or adapted to their personal needs, 5.1.2. goods that are perishable, or goods with a short shelf life, as well as goods that have been irretrievably mixed with other goods after delivery due to their nature, 5.1.3. goods in a sealed package which are not suitable for return due to health protection or hygiene reasons after the Buyer has breached (opened) the seal, and
5.2. Unless it is a case referred to in
5.3. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in Article 5.2 of the Terms and Conditions. For withdrawal from the Purchase Contract, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer to, among other places, the address of the Seller's premises or to the Seller's email address: fakturace@pluspronohy.cz.
5.4. In the event of withdrawal from the Purchase Contract, the Purchase Contract is cancelled from the beginning. The Buyer shall send or hand over the goods back to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the Seller has offered to collect the goods themself. The deadline according to the previous sentence is met if the Buyer sends the goods before it expires. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even in the case where the goods cannot be returned by the usual postal route due to their nature.
5.5. In the event of withdrawal from the Purchase Contract pursuant
5.6. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.
5.7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, via cashless transfer to the account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with a condition subsequent that if the Buyer withdraws from the Purchase Contract, the donation agreement regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place determined by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than was stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
6.4.
6.5. Other rights and obligations of the parties during the transport of goods may be governed by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. If the subject of the purchase is a tangible movable thing that is interconnected with digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as a "thing with digital properties"), the provisions regarding the Seller's liability for defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is obvious from the content of the Purchase Contract and the nature of the thing that they are provided separately.
7.3. The Seller is liable to the Buyer that the item has no defects upon receipt. In particular, the Seller is liable to the Buyer that the item: 7.3.1. corresponds to the agreed description, type and quantity, quality, functionality, compatibility, interoperability, and other agreed properties, 7.3.2. is suitable for the purpose for which the Buyer requires it and to which the Seller agreed, and 7.3.3. is delivered with agreed accessories and instructions for use, including assembly or installation instructions.
7.4. The Seller is liable to the Buyer that, in addition to the agreed properties: 7.4.1. the item is suitable for the purpose for which an item of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the given industry, if there are no technical standards, 7.4.2. the item, in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, corresponds to the usual properties of items of the same type that the Buyer can reasonably expect, also with regard to public statements made by the Seller or anot
7.5. The provisions of Article 7.4 of the Terms and Conditions shall not apply in the event that the Seller specifically warned the Buyer before concluding the Purchase Contract that a certain property of the item differs and the Buyer expressly agreed to this when concluding the Purchase Contract.
7.6. The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation that was performed by the Seller or under their responsibility according to the Purchase Contract. This also applies if the assembly or installation was performed by the Buyer and the defect occurred due to a deficiency in the instructions provided by the Seller or the provider of digital content or digital content service, if it is a thing with digital properties.
7.7. If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the time during which the Buyer cannot use the item, in the event that they have rightfully complained about the defect.
7.8. If the subject of the purchase is a thing with digital properties, the Seller shall ensure that agreed updates of digital content or digital content service are provided to the Buyer. In addition to the agreed updates, the Seller shall ensure that updates are provided to the Buyer that are necessary for the item to retain the properties according to Article 7.3 and Article 7.4 of the Terms and Conditions after receipt, and that the Buyer will be notified of their availability: 7.8.1. for a period of two years, if the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Contract, and if provision for a period longer than two years is agreed, for this entire period, 7.8.2. for a period during which the Buyer can reasonably expect it, if the digital content or digital content service is to be provided as a one-off according to the Purchase Contract; this is assessed according to the type and purpose of the item, the nature of the digital content or digital content service, and taking into account the circumstances at the conclusion of the Purchase Contract and the nature of the obligation.
7.9. The provisions of Article 7.8 of the Terms and Conditions do not apply in the event that the Seller specifically warned the Buyer before concluding the Purchase Contract that updates would not be provided and the Buyer expressly agreed to this when concluding the Purchase Contract.
7.10. If the Buyer failed to perform an update within a reasonable time, they have no rights from a defect that arose solely as a result of the unperformed update. This does not apply if the Buyer was not warned about the update or the consequences of not performing it, or did not perform the update or performed it incorrectly due to a deficiency in the instructions. If the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Contract and a defect manifests or occurs during the period according to Article 7.8.1 and Article 7.8.2 of the Terms and Conditions, it is considered that the digital content or digital content service is provided defectively.
7.11. The Buyer may complain about a defect that manifests on the item within two years of receipt. If the subject of the purchase is a thing with digital properties and the digital content or digital content service is to be provided continuously for a certain period according to the Purchase Contract, the Buyer may complain about a defect that occurs or manifests on them within two years of receipt. If performance is to take place for a period longer than two years, the Buyer has the right from a defect that occurs or manifests within this period. If the Buyer has rightfully complained about the defect to the Seller, the period for complaining about the defect of the item does not run for the time during which the Buyer cannot use the item.
7.12. If the item has a defect, the Buyer may demand its removal. At their option, they may demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the second method without significant difficulties for the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value the item would have without the defect.
7.13. The Seller shall remove the defect within a reasonable time after it has been pointed out so as not to cause significant difficulties to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased the item. To remove the defect, the Seller shall take over the item at their own expense. If this requires the dismantling of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall carry out the dismantling of the defective item and the assembly of the repaired or new item or pay the costs associated therewith.
7.14. The Buyer may demand a reasonable discount or withdraw from the Purchase Contract if: 7.14.1. the Seller refused to remove the defect or did not remove it in accordance with Article 7.13 of the Terms and Conditions, 7.14.2. the defect manifests repeatedly, 7.14.3. the defect is a material breach of the Purchase Contract, or 7.14.4. it is obvious from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer.
7.15. If the defect of the item is insignificant, the Buyer cannot withdraw from the Purchase Contract (in the sense of Article 7.14 of the Terms and Conditions); it is presumed that the defect of the item is not insignificant. If the Buyer withdraws from the Purchase Contract, the Seller shall return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that they have sent the item.
7.16. A defect can be claimed from the Seller from whom the item was purchased. However, if another person is designated for repair who is at the Seller's location or at a location closer to the Buyer, the Buyer shall point out the defect to the person designated to carry out the repair.
7.17. With the exception of cases where another person is designated to carry out the repair, the Seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the assortment of products sold or services provided, or possibly even at their registered office. The Seller is obliged to issue a written confirmation to the Buyer when asserting a complaint, stating the date when the Buyer asserted the complaint, what its content is, what method of handling the complaint the Buyer requires, and the Buyer's contact details for the purpose of providing information on handling the complaint. This obligation also applies to other persons designated to carry out the repair.
7.18. The complaint, including the removal of the defect, must be settled and the Buyer must be informed thereof no later than thirty (30) days from the date of asserting the complaint, unless the Seller agrees with the Buyer on a longer period. If the subject of the commitment is the provision of digital content, including digital content supplied on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the Buyer requested it.
7.19. After the futile expiration of the period according to Article 7.18 of the Terms and Conditions, the Buyer may withdraw from the Purchase Contract or demand a reasonable discount.
7.20. The Seller is obliged to issue the Buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
7.21. The Buyer may specifically exercise rights from liability for defects of goods personally at the address Poliklinika Budějovická, 6th floor, by telephone at +420 607 11 22 11, or by email at fakturace@pluspronohy.cz.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1820 (1) (n) of the Civil Code.
8.3. The handling of consumer complaints is ensured by the Seller via electronic mail. Complaints can be sent to the Seller's email address. The Seller will send information regarding the settlement of the Buyer's complaint to the Buyer's electronic address. No other rules for handling complaints are set by the Seller.
8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address:
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address:
8.6. The Buyer may turn to a supervisory or state supervision body with a complaint. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a defined extent, inter alia, supervision over compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Contract, for the purposes of negotiating the Purchase Contract, and for the purposes of fulfilling the Seller's public law obligations by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees, in accordance with the provisions of Section 7 (2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the electron
10.2. The Seller fulfills its legal obligations related to the possible storage of cookies on the Buyer's device by means of a separate document.
11. DELIVERY
11.1. Documents may be delivered to the Buyer at the Buyer's electronic address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By the choice of law according to the previous sentence, the Buyer who is a consumer is not deprived of the protection afforded to them by the provisions of the legal order from which it is not possible to deviate by contract, and which would otherwise apply in the absence of a choice of law under the provisions of Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning is closest to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. A model form for withdrawal from the Purchase Contract forms an annex to the Terms and Conditions.
12.5. Contact details of the Seller: registered office address Kaprova 42/14, Prague 1, 110 00, email address fakturace@pluspronohy.cz, telephone +420 607 11 22 11. The Seller does not provide another means of online communication.
In Prague on October 1, 2023