Terms and Conditions
If you send us a parcel, always send it to the address of the establishment:
ikonPlast s.r.o.
Zámecká 231
58221, Pohled
tel. 604 287 379
info@cenovky.cz
Terms and conditions drafted by martins'
Summary of Terms and Conditions
The online shop at http://www.cenovky.cz is operated by the business company ikonPlast s.r.o., with its registered office at Vrchlického 4162, 580 01 Havlíčkův Brod, ID No. 05587280, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 38238, VAT No. CZ05587280. You can contact us at our e-mail eshop@cenovky.cz or by phone +421 604287379
Once you submit your order via the online shop, the contract is concluded. The contract will also be concluded if you send your order for the offered goods by e-mail to our e-mail address. We will confirm receipt of your order and the conclusion of the contract by e-mail.
Payment must be made within 15 days of the conclusion of the contract or later depending on the payment method chosen.
As a consumer, you can withdraw from the contract at any time up to 14 days from the date of receipt of the goods. Please refer to the full terms and conditions to see which contracts you cannot withdraw from. We can withdraw from the concluded contract at any time up to the moment you take over the goods from us. Upon withdrawal, you will return the goods to us, including any gifts and bonuses, if any, we have given you, at your own expense, within 14 days of withdrawal. We will refund your money within 14 days of receipt of the withdrawal, but not before you have returned the goods to us or provided proof that the goods have been sent to us.
If you order tangible goods in our online shop, a purchase contract will be concluded.
You become the owner of the goods as a business when you enter into the contract and as a consumer when you take delivery of the goods, but not before you have paid the total price in full. If damaged goods are delivered to you as a consumer, please inform us immediately. If you discover the damage when you take delivery of the goods, you shall also inform the carrier of the damage. If damaged goods are delivered to you as a business, you should deal with the carrier.
If you are a consumer, you have the right to complain about defects in the goods within 2 years of receipt of the goods. As an entrepreneur, you can claim for defects that were present in the goods at the time the risk of damage passed to you within 6 months or, in the case of a latent defect, within 2 years of taking delivery of the goods. You can find out exactly how to claim for the goods and what you can claim for in the event of a claim in the terms and conditions below.
General provisions
- Scope of the Terms and Conditions. These terms and conditions govern the conclusion of contracts between us as a trader and you as a customer through the online shop and our and your rights and obligations under the contracts. The terms and conditions also include mandatory information. Information on the processing of personal data can be found in a separate document on our website. The terms and conditions come into force on 12 July 2023.
- Terms used. In our terms and conditions we use the following abbreviations:
- We, which means the trader, i.e. the trading company ikonPlast s.r.o., with its registered office at Vrchlického 4162, 580 01 Havlíčkův Brod, IČO 05587280, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 38238, VAT CZ05587280.
- You, which means the customer, i.e. the other party to the contract other than us, which may be one of the following:
- A consumer who is a person not acting in the course of his or her business or in the course of an independent exercise of his or her profession,
- An entrepreneur, which is a person or legal entity acting in the course of its business or in the course of its independent exercise of its profession.
- Online shop, i.e. our web interface located at http://www.cenovky.cz, where you can view our offer and order goods from our range.
- E-mail, i.e. electronic mail, which can be used to contact us at eshop@cenovky.cz.
- A telephone number that can be used to contact us at the telephone number available on the web address of our online shop.
- Contracts, which are contracts of sale.
- Relationship of the terms and conditions to the contract. The Terms and Conditions are an integral part of all contracts. Deviating provisions in the contract take precedence over the wording of the terms and conditions.
- Relationship of the contract and terms and conditions to the law. The rights and obligations not regulated by the terms and conditions or the contract are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, in accordance with the laws of the European Union, in particular Directive 2011/83/EU, on consumer rights and Directive 2000/31/EC, on electronic commerce. In the event of a conflict between the terms and conditions or the contract and a legal regulation, unless it is a matter that can be derogated from by agreement, the legal regulation shall prevail.
- Separability of provisions of the terms and conditions and contractual arrangements. If any provision of the terms and conditions or contractual arrangements becomes invalid, ineffective or disregarded, the validity and effectiveness of the other provisions of the terms and conditions and contractual arrangements shall not be affected.
- Relations with an international element. Legal relations between us and you shall be governed by Czech law in the presence of an international element and the Czech courts shall have jurisdiction to settle any disputes. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) does not apply.
- Methods of resolving complaints. Any complaints or disputes between you and us may be resolved by
- out of court in the proceedings conducted by the Czech Trade Inspection Authority (adr.coi.cz) or through the online dispute resolution platform established by the European Commission (ec.europa.eu/consumers/odr),
- by email at our email address,
- in person at any of our premises,
- by telephone on our telephone number.
- Supervisory authorities. Our activities are subject to control and supervision by the state authorities of the Czech Republic, to whom you may address your complaints in accordance with the legislation governing their competence and powers. The state supervisory authorities are in particular:
- Czech Trade Inspection Authority,
- trade licensing authorities,
- the Office for Personal Data Protection.
Ordering goods and concluding contracts
- Ordering goods. The goods in our online shop can be ordered by accepting the offer to conclude a contract, which is the display of goods in the online shop, via:
- Internet shop,
- email.
Acceptance of our offer with an amendment or deviation is not possible and is considered a counter-offer on your part.
- Ordering goods via the Internet. You order goods via the online shop by selecting the offered goods in the required quantity, quality and design, placing the goods in the virtual basket, filling in the required data, selecting the method of delivery and payment and sending your order using the "Send order" button, which will conclude the contract. You will be given the opportunity to check and, if necessary, change the details you have entered before submitting your order.
- Ordering goods via email. To order goods by email, send an email message to our email address, the content of which must be:
- the selected goods in the required quantity, quality and design,
- the selected method of delivery and payment,
- your identification data:
- your name and surname and, if applicable, the name of your legal entity,
- residence or registered office,
- address for delivery of the goods,
- telephone number,
- ID number if you are not a consumer,
- VAT number if you are a VAT payer.
- Confirmation of receipt of order. We will confirm the successful acceptance of your order and the conclusion of the contract by sending you an e-mail message to your e-mail address, which will include:
- confirmation of the conclusion of the contract and its contents.
In case of incompleteness or incorrectness of the order, we will ask you to complete it or notify you of the impossibility of concluding the contract.
- Language and storage of the contract. Contracts are concluded in the Czech language. We store concluded contracts and you can access your contracts via the online shop.
Concluded contracts and their contents
- Modification and cancellation of the contract. Concluded contracts cannot be unilaterally changed or cancelled; this can only be done by mutual agreement or if required by law or the terms and conditions.
- Contents of the contract of sale. On the basis of the concluded purchase contract, we are obliged to deliver the ordered tangible goods and provide any agreed services to you in the agreed manner and you are obliged to take delivery of the goods and pay us the total price, which consists of the price of the ordered goods, the price of payment, the price of delivery of the goods and the price of any additional services ordered.
- Intellectual Property Protection. If we supply goods to you under a contract which are protected by intellectual property rights (in particular copyright, trade marks, industrial designs, patents and utility models), a licence to exercise the intellectual property rights is not part of the contract. You may not use the copyrighted goods as an individual except for your own personal use and as a legal entity except for your own internal use, in particular you are not entitled to reproduce, resell, rent or otherwise make the goods available to third parties.
- Discounts and promotions. For discounts or other marketing promotions, the individual discounts and other benefits provided cannot be combined unless otherwise stated.
- Gifts and Bonuses. If gifts or other bonuses have been provided to you as part of the contract, this is on the basis of a gift agreement and we are not liable for any defects in these. The existence of the gift agreement is dependent on the existence of the main agreement and the gift agreement is entered into with the condition precedent of cancellation of the gift agreement in the event of termination of the main agreement.
- Discount coupons and gift vouchers. Discount coupons and gift vouchers may be redeemed on the terms agreed or specified on the coupon or voucher. Unless otherwise agreed, they can only be redeemed with us and the validity period is limited to one year from the date of issue for discount coupons and one year from the date of issue for gift vouchers.
Payment terms
- Payment methods. The total price can be paid by the methods that can be found on the corresponding page in our online store.
- Payment period. You are obliged to pay the total price either before delivery of the goods, on receipt of the goods or at a later date, depending on the agreed payment method. If the total price is to be paid before delivery of the goods, you are obliged to pay it within 15 days of the conclusion of the contract. If the total price is to be paid via a payment service provider, the total price is paid by crediting the amount of money to our account with the payment service provider.
- Payment by credit. If it is agreed to pay the total price by means of a loan or other financial product under a contract with a financial service provider, the contract and the terms and conditions of the financial product provider shall also govern this relationship.
- Electronic transmission of tax documents. You agree that we will issue and send you an invoice (tax document) electronically to the email address you provided when you placed your order.
Delivery terms
- Delivery methods. The delivery methods you can use can be found on the corresponding page in our online shop.
- Delivery restrictions. We deliver goods only to the countries of the European Union.
- Acquisition of title. You become the owner of the goods we deliver to you as a business when you enter into the contract and as a consumer when you take delivery of the goods, but not before you have paid the total price in full.
- Delivery time. The agreed time for delivery of the goods runs from the conclusion of the contract. If you are a consumer and the delivery period is not agreed, we will deliver the goods to you without undue delay, but at the latest within 30 days of the date of conclusion of the contract. If the total price is to be paid before delivery of the goods, the delivery time will only run from the payment of the total price. The goods will be delivered to their destination within this period. If you are not a consumer and the goods are to be delivered to their destination by a carrier, the goods will be handed over to the carrier within this period.
- Receipt of Goods. You must take delivery of the goods at the agreed time and place depending on the method of delivery. If the goods are to be delivered by a carrier, you must take delivery of the goods when they are delivered to their destination. If you do not take delivery of the goods, we shall be entitled to withdraw from the contract and to be paid the costs of delivery if they have not been paid before delivery. If we re-deliver the goods to you after you have not taken delivery, we shall be entitled to payment of the costs associated with the re-delivery.
- Identity check on receipt of goods. If the goods have been paid for prior to delivery, we are entitled to make the handover of the goods subject to a check of the identity of the person taking delivery on the basis of proof of identity.
- Damage to the goods in transit to the consumer. If you are a consumer, the risk of damage to the goods passes to you on receipt of the goods. If the goods are delivered to you damaged, you are obliged to inform us of the damage immediately and preferably:
- by email to our email address,
- in person at any of our premises,
- by telephone on our telephone number.
If you discover the damage when you receive the goods, you are obliged to inform not only us but also the carrier when you receive the goods. You may ask the carrier to unpack the damaged shipment before taking delivery of it and if you discover that the goods have been damaged, you are not obliged to take delivery of the goods from the carrier.
- Damage to goods in transit by the entrepreneur. If you are not a consumer and the goods are to be delivered by a carrier, the risk of damage to the goods passes to you when the goods are handed over to the carrier. If damage to the goods occurs after the risk of damage has passed, we will not be liable for it and the damage to the goods will not affect your obligation to pay the total price and your obligation to accept the goods. In the event that the goods are delivered to you damaged, you must immediately claim the damage from the carrier.
- Packaging of Goods. Unless otherwise agreed, the goods will be packed in a manner suitable for their preservation and protection.
Right of withdrawal
- General withdrawal. Withdrawal from a concluded contract shall cancel the contract from the outset and the parties shall be obliged to return to each other everything they have provided on the basis of the cancelled contract. The withdrawal from the contract also cancels the contract of gift dependent on it. The right of withdrawal may be exercised subject to the conditions set out in the terms and conditions or where provided for by law.
- Our right of withdrawal. We have the right to withdraw from the concluded contract at any time from the date of conclusion of the contract until the moment you take over the goods from us, for the following reasons:
- Exhaustion of stocks of the ordered goods,
- failure to take delivery of the goods,
- misuse of the ordering system of our online shop,
- providing incorrect information when ordering the goods,
- ordering goods at a price significantly lower than the normal price, if the goods were offered at this price due to a mistake or error of our online shop,
- other matters of special consideration.
- The consumer's legal right to withdraw from the contract. If you are a consumer, you have the right to withdraw from the concluded purchase contract within 14 days from the date of
- receipt of the goods,
- the receipt of the last piece of goods, if you order several pieces of goods in one order, which are delivered separately,
- taking delivery of the last item or part of a delivery of goods consisting of several items or parts,
- taking delivery of the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time,
- the conclusion of the contract if it is a different contract.
- Impossibility of withdrawal from the contract. You do not have the right to withdraw from contracts:
- the delivery of goods that have been manufactured to your requirements or have been adapted to your needs,
- the delivery of goods in sealed packaging which, for health or hygiene reasons, is not suitable to return after you have broken the packaging,
- the delivery of perishable or short-lived goods or goods which, by their nature, have been irretrievably mixed with other goods after delivery,
- the supply of services if they have been provided in full,
- others, where the law so provides.
- Method of withdrawal. If you have a right of withdrawal and wish to withdraw from the contract, you may do so by a unilateral legal act delivered to us, preferably by
- by completing the model withdrawal form attached to the terms and conditions and sending it to
- by post to the address of any of our premises,
- by email to our email address;
- in person at any of our premises,
- by telephone on our telephone number.
- by completing the model withdrawal form attached to the terms and conditions and sending it to
- Keeping the deadline. If you are a consumer, it is sufficient to comply with the withdrawal period if you send us your withdrawal on the last day of the withdrawal period.
- Returning the goods after withdrawal. If you withdraw from the contract, you must return the goods to us at your own expense, preferably at the same time as you withdraw from the contract, and no later than 14 days after receipt of the withdrawal, preferably
- by sending the goods to the address of any of our premises,
- in person at any of our premises,
- by handing the goods over to a carrier who will collect them at a place and time agreed upon.
You must return the goods to us undamaged, unsoiled, unworn and showing no signs of use, including all accessories and documentation, preferably in their original packaging. You must also return to us any gifts and bonuses you have received under the cancelled contract.
- Refund after cancellation. If you, as a consumer, withdraw from the contract, we will refund the money you have paid within 14 days of receipt of your withdrawal, but not before you have returned the goods to us or provided proof that the goods have been sent to us. We will only refund the delivery costs paid to you at the rate of the cheapest comparable delivery method we offer. If the value of the returned goods is reduced as a result of handling other than that necessary to familiarise yourself with their nature, characteristics and functionality, the refund will be reduced by the amount by which the value of the goods has been reduced. We will return the funds to you in the same way we received them from you or in any other way we agree, provided that you do not incur additional costs.
Complaints about defects in goods by the consumer
- Scope. This part of the terms and conditions applies to you only if you are a consumer and governs our liability for defects in the goods.
- Returns Period. You can make a claim with us for a defect that appears in the goods within 2 years or, in the case of second-hand goods, within 1 year of receipt of the goods.
- Our liability for defects in goods. We are liable to you if the goods are free from defects on receipt. In particular, we are responsible for the fact that the item
- corresponds to the agreed description, type and quantity as well as quality, functionality and other agreed characteristics,
- it is suitable for the purpose for which you require it, if we have agreed to it,
- is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
- We are also responsible to you for ensuring that the goods meet the following requirements in addition to the agreed characteristics; this does not apply if we have advised you before the conclusion of the contract that certain characteristics of the goods differ and you have agreed to this:
- Suitable for the purpose for which the goods of this kind are normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
- it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that you can reasonably expect, also in the light of public statements made by us or by another person in the same contractual chain, in particular by advertising or labelling; we are not bound by a public statement if we were not aware of it or it was modified at the time of the conclusion of the contract in a manner at least comparable to that in which it was made or it could not have influenced the purchase decision,
- it is supplied with accessories, including packaging, assembly instructions and other instructions for use which you might reasonably expect; and
- corresponds in quality or workmanship to the sample or sample we provided to you before the contract was concluded.
- Limitation of Liability. We will not be liable to you
- for wear and tear on the goods commensurate with the extent of their previous use,
- in the case of second-hand goods, for defects corresponding to the level of use or wear and tear the goods had when you received them,
- in the case of perishable goods with a marked best before date and perishable goods with a marked best before date, for the unusability of the goods after the marked best before date,
- if you have caused the defect.
- Period for exercising the right. You are obliged to inspect the goods as soon as possible and satisfy yourself as to their characteristics and quantity. You are obliged to assert your right under the liability for defects in the goods with us without undue delay, as soon as possible after you are able to discover the defects, within the claim period.
- The right to have the defect rectified. If the goods are defective, you have the right to have the defect rectified free of charge, either by delivery of new goods without defect or by repair of the goods at your choice. You do not have the right to choose the method of removal of the defect if the method you choose would be impossible or disproportionately expensive compared to the other method.
- The right to a reasonable discount and to withdraw from the contract. If we refuse or fail to remedy the defect, or the defect is repeated, or the defect is a material breach of contract, or it is clear from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you, you may claim a reasonable discount or rescind the contract. You do not have a right of withdrawal if the defect is insignificant.
- Method of claim. If you wish to exercise your right under the liability for defects, the best way to do so is to:
- by sending the goods to the address of any of our premises,
- in person at any of our premises,
- by handing the goods over to a carrier who will collect them at the agreed time and place,
- if another person is named in the warranty card or other document, on the packaging of the goods or in our online shop as the person who is responsible for claiming liability for defects.
- Essentials of a claim. The goods must be handed over to us in a condition that allows us to assess the validity of the claim, in particular the goods cannot be handed over unreasonably dirty. When making a claim, we must:
- Proof that the goods were purchased from us,
- state what defect you are claiming and how you want the claim to be settled. The requested method of handling the claim cannot be subsequently changed without our consent.
- Complaint handling. Your claim will be settled within a reasonable time, not later than 30 days from the date of the claim. You will be notified of the settlement of the claim within this period and the goods will be returned to you in the same manner as they were delivered to us when the claim was made. If the claim is not settled in time, you have the right to withdraw from the contract or claim a reasonable discount on the price. If your claim is accepted, the time for making a complaint will be extended by the time it took us to process your claim.
- Reimbursement of claim costs. In the event of a claim, you are entitled to reimbursement of the necessary costs that have been reasonably incurred in exercising your right under product liability. If the claim is rejected, we are entitled to reimbursement of the necessary costs incurred by us in returning your goods.
- Confirmation of claim. When you exercise your product liability right, we will issue you with a written confirmation of when you exercised the right, what the claim is about and the method of handling the claim, as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim.
- Superior quality guarantee. In addition to your statutory rights, you may be provided with an extra guarantee for the quality of the goods. This arises from a declaration by the warranty provider, which may be made by way of advertisement, that it will satisfy you over and above your statutory rights in respect of defective performance if the goods do not have the characteristics specified in the warranty statement. The rights arising from the above-standard quality guarantee and the conditions for its application are governed by the declaration of the guarantee provider. If the warranty provider warrants that the goods will retain their functions and performance under normal use for a certain period of time, or if the packaging of the goods states the warranty period or the shelf life of the goods, then you are entitled to at least the delivery of new goods free from defects or their repair against the warranty provider.
Claims for defects in the goods by the trader
- Scope. This section of the terms and conditions applies to you only if you are not a consumer and governs our liability for defects in the goods.
- Our liability for defects in the goods. We will deliver the goods to you in the agreed quantity, quality and workmanship. If quality and workmanship are not agreed, we will deliver the goods to you in a quality and workmanship suitable for the purpose implied by the contract; otherwise for the usual purpose. If the quantity is only approximately specified, we will determine the exact quantity. If the goods are defective when the risk of damage passes to you, we shall be liable for this. This does not apply if the defect is one that can be identified with ordinary care at the time of conclusion of the contract.
- Limitation of liability. We are not liable to you
- for goods sold at a lower price for a defect for which the lower price was agreed,
- for wear and tear caused by normal use of the goods,
- in the case of second-hand goods, for a defect corresponding to the level of use or wear and tear that the goods had when you received them,
- for defects in the goods if this is apparent from their nature, in particular in the case of perishable goods,
- for defects in the goods if you were aware of them before taking delivery of the goods,
- for defects in the goods if you caused them.
- Time limit for exercising the right. You must inspect the goods as soon as possible and satisfy yourself as to their characteristics and quantity. You are obliged to assert your right under the liability for defects in the goods with us without undue delay, as soon as possible after you are able to discover the defects. At the latest, the right can be exercised within 6 months or, in the case of a latent defect, within 2 years from the date on which we deliver the goods to you. Otherwise, your right to liability for defects in the goods will be extinguished and will not be granted.
- Your rights in case of material breach of contract. If the defect constitutes a material breach of contract, you have the right to:
- to have the defect remedied by delivery of new goods without defect or by delivery of the missing goods,
- to remedy the defect by repairing the goods,
- a reasonable discount on the purchase price; or
- withdraw from the contract.
A material breach of contract is deemed to be the delivery of goods with a defect of which we must have known at the time of conclusion of the contract that, if you had foreseen it, you would not have concluded the contract with us; in other cases, the breach of contract is deemed to be immaterial. If you do not notify us of your chosen right, you shall have the same rights as in the case of a non-substantial breach of contract.
- Your rights in the event of a non-substantial breach of contract. If the defect would be an immaterial breach of contract, you have the right to:
- to have the defect remedied,
- a reasonable discount on the purchase price.
If you do not notify us of your chosen right, we may remedy the defect by repairing the goods, supplying new goods or supplying you with what we have not supplied. You cannot later change the right you have chosen without our consent.
- You cannot request withdrawal from the contract and delivery of new goods. If you cannot return the goods in the condition in which you received them, you cannot cancel the contract or demand delivery of new goods. This does not apply,
- if the condition has changed as a result of an inspection to detect a defect in the goods,
- if you used the goods before the defect was discovered,
- you have not caused the impossibility of returning the goods in the unaltered condition by an act or omission; or
- if you have sold the goods before the defect was discovered, if you have used them up or if you have altered them in the normal course of use; if this is only partly the case, you shall refund to us what you can still refund and compensate us for the remainder to the extent that you have benefited from the use of the goods.
- Method of claim. In the event that you wish to exercise your right under liability for defects, you may do so:
- by sending the goods to the address of any of our premises,
- in person at any of our premises,
- by handing the goods over to a carrier who will collect them at the agreed time and place,
- if another person is named in the warranty card or other document, on the packaging of the goods or in our online shop as the person who is responsible for claiming liability for defects.
- Essentials of a claim. The goods must be handed over to us in a condition that allows us to assess the validity of the claim, in particular the goods cannot be handed over unreasonably dirty. When making a claim, we must:
- Proof that the goods were purchased from us,
- state what defect you are claiming and how you want the claim to be settled. The requested method of handling the claim cannot be subsequently changed without our consent.
- Complaint handling. Your complaint will be processed without undue delay, but within 30 days at the latest. The goods will be returned to you in the same manner as they were handed over to us when the claim was made. If your claim is accepted, the period for exercising your rights under liability for defects will be extended by the time it took us to process your claim.
- Reimbursement of claim costs. If your claim is accepted, you will be entitled to reimbursement of the necessary costs that were reasonably incurred in exercising your right to liability for defects in the goods. If the claim is rejected, we are entitled to reimbursement of the necessary costs incurred in returning your goods to us.
- Superior quality guarantee. In addition to your statutory rights, you may be provided with an extra guarantee for the quality of the goods. This arises from a declaration by the warranty provider, which may be made by advertisement, that it will satisfy you over and above your statutory rights in respect of defective performance if the goods do not have the characteristics stated in the warranty declaration. The rights arising from the above-standard quality guarantee and the conditions for its application are governed by the declaration of the guarantee provider. If the warranty provider warrants that the goods will retain their functions and performance under normal use for a certain period of time, or if the packaging of the goods states the warranty period or the shelf life of the goods, then you are entitled to at least the delivery of new goods free from defects or their repair against the warranty provider.
Downloadable withdrawal forms
Word-form-withdrawal-from-contract.docx
PDF-form-formal-withdrawal-from-contract.pdf
Terms and conditions for download