1. Supplier and manufacturer
1.1 The business entity that manufactures and supplies products sold on this e-shop, handles orders and any complaints (hereinafter referred to as the “Supplier”):
TOP OFFICE s.r.o.
Hlavná 922, Matúškovo,92501
UID#: 36355160, VAT#: SK2022184967
grafik1@trodat.sk
0918 811 532
Bank Details (EUR): SK72 3100 0000 0042 1022 8108
2. Basic provisions
2.1 These Business Terms and Conditions (hereinafter also referred to as “OP”) govern the relations between the contracting parties to the purchase, lease or license agreement, where the Supplier of goods purchased through the Internet application www.razitko.cz (hereinafter referred to as “www.razitko.cz”) is a natural or legal person chosen by the user of the said website (hereinafter referred to as the “Buyer”) for a transaction carried out using any part of www.razitko.cz.
2.2 This website is operated free of charge for its clients by Megaflex, spol. s r.o., IČ 45270961, with its registered office at Osiková 2644/3, 130 00 Prague 3. However, Megaflex is in no way a partner of any business relationship established through the use of the said website.
2.3 Both parties to the contractual relationship, ie the Supplier and the Buyer, already accept these OPs for the first and any further use of www.razitko.cz.
2.4 The Buyer is a Consumer, Entrepreneur or Registered Entrepreneur.
2.2.1. A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the Supplier or otherwise deals with him.
2.2.2. An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur, is also considered an entrepreneur.
2.2.3. A Registered Entrepreneur is an Entrepreneur who, on the basis of an agreement with the Supplier, uses a registered access to the Supplier’s ordering system. Such an entrepreneur usually has access to special discounts and other special business conditions, which he usually uses for the resale of goods purchased from the Supplier.
2.5 The Buyer is aware that the purchase or sale of products that are in the Supplier’s business offer does not give rise to any rights to use registered trademarks, trade names, company logos, etc., the Supplier or its contractual partners, unless a specific written otherwise agreed in the contract.
2.6 OPs are always available in the current version on the website www.razitko.cz
3. Pre-contractual notice
The supplier states that:
3.1. the costs of means of distance communication do not differ from the basic rate (in the case of internet and telephone connection according to the conditions of your operator, the Supplier does not charge any additional fees). Any contractual transport agreed between the contracting parties in advance is excluded from this condition.
3.2. requires payment of the purchase price and guarantees delivery in accordance with the following Payment Terms (paragraph 9) and Delivery Terms (paragraph 10) depending on the type of Buyer and the type of performance purchased.
3.3. The supplier also enters into contracts, the subject of which is repeated performance, usually the rental of equipment. The Consumer cannot be on the Buyer’s side in the case of a contract. The shortest period for which the contract of the party will be binding is at least one month.
3.4. in the case of license agreements concluded for an indefinite period, the price of the license is agreed for the entire period of granting the license, unless otherwise stated;
3.5. in the event that the Buyer is a Consumer, such Consumer has the right to withdraw from the contract (unless stated otherwise below), within a period of fourteen days, which runs in the case of:
3.5.1. purchase contract, from the date of receipt of the goods,
3.5.2. a contract having as its object several types of goods or the supply of several parts, as from the date of taking over the last supply of goods, or
3.5.3. a contract, the subject of which is the regular repeated delivery of goods, from the date of receipt of the first delivery of goods, and this withdrawal must be sent to the address of the Supplier’s registered office;
3.6. The buyer cannot withdraw from the contract:
3.6.1. on the provision of services which the Supplier has fulfilled with the prior express consent of the Buyer before the expiry of the period for withdrawal from the contract,
3.6.2. on the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the Supplier and which may occur during the period for withdrawal from the contract,
3.6.3. on the delivery of goods that have been modified according to the Buyer’s wishes or for his person,
3.6.4. on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
3.6.5. on repair or maintenance performed at a place designated by the Buyer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
3.6.6. on the delivery of goods in a closed package, which the Buyer removed from the package and for hygienic reasons it is not possible to return,
3.6.7. on the supply of an audio or video recording or a computer program, if it has broken their original packaging,
3.6.8. on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiration of the withdrawal period, the Supplier emphasizes that in case of delivery of digital content delivered online it is not possible to withdraw from such a contract;
3.7. in the event of withdrawal from the contract, the Buyer shall bear the costs associated with the return of goods, and in the case of a contract concluded by means of distance communication, the cost of returning the goods, if the goods cannot be returned by ordinary mail;
3.8. The buyer is obliged to pay a proportionate part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun;
3.9. contract, resp. the relevant tax document will be stored in the electronic archive of the Supplier;
3.10. in the event that the Buyer has a complaint, he may apply it to the Supplier’s executive, or you can lodge a complaint with the supervisory or state supervisor.
4. Contract
4.1. The Buyer may conclude the Contract by accepting the proposal for concluding the Contract on www.razitko.cz by placing the required performance (goods, service, electronic content) in the basket. The Buyer may be assisted in concluding the contract by an employee of the Supplier, either directly at the branch or by telephone and when ordering by fax or e-mail. Before the Buyer sends the order, he has the right to change both the required performance, transport and method of payment, ie to check all the data he has entered in the order. The purchase contract is created by sending the order to the Buyer after choosing the transport and method of payment and acceptance of the order by the Supplier. The Supplier is not responsible for any errors in data transmission. The Supplier shall immediately confirm the conclusion of the Contract by means of an informative email to the Buyer by an informative email.
4.2. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds.
4.3. Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.
4.4. The contract is concluded in the Czech language. If a translation of the text of the contract is created for the needs of the buyer, it applies that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
4.5. The concluded contract is archived by the seller for at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described.
4.6. By the Purchase Agreement, the Supplier undertakes to hand over the item to the Buyer, provide the digital content / license that is the subject of the purchase, and allow him to acquire ownership / license to it, and the Buyer undertakes to take over the item / digital content and pay the purchase price to the Supplier.
4.7. The Supplier reserves the ownership right to the item, and therefore the Buyer becomes the owner only by full payment of the purchase price.
4.8. The Supplier shall hand over the item to the Buyer, as well as the documents relating to the item, and shall enable the Buyer to acquire ownership of the item / license in accordance with the contract.
4.9. The Supplier shall fulfill the obligation to hand over the item to the Buyer if it allows him to dispose of the item at the place of performance and notifies him in good time.
4.10. If the Supplier is to send the item, it shall hand over the item to the Buyer by handing it over to the first carrier for transport for the Buyer and shall enable the Buyer to exercise the rights under the contract of carriage against the carrier.
4.11. If the Supplier delivers a larger quantity of items than agreed, the purchase contract is concluded for the excess quantity, unless the Buyer has rejected them without undue delay.
4.12. The Supplier shall hand over the object of purchase to the Buyer in the agreed quantity, quality and design.
4.13. If it is not agreed how the item is to be packed, the Supplier shall pack the item according to the customs; if they are not, then in the manner necessary for the preservation of the thing and its protection. In the same way, the Supplier shall provide the item for transport.
4.14. A thing is defective if it does not have the agreed properties. A defect is also considered to be the performance of another thing and a defect in the documents necessary for the use of the thing.
4.15. The Buyer’s right from defective performance is based on the defect that the thing has when the risk of damage passes to the Buyer, even if it manifests itself later. The Buyer’s right shall also be established by a later defect caused by the Supplier in breach of its obligation
4.16. The buyer will inspect the item as soon as possible after the risk of damage to the item has passed and will be convinced of its properties and quantity.
4.17. The risk of damage passes to the Buyer by taking over the item. It has the same consequence if the Buyer does not take over the item, even though the Supplier has allowed him to handle it.
4.18. Damage to the goods, arising after the transfer of the risk of damage to the goods to the Buyer, does not affect his obligation to pay the purchase price, unless the Supplier caused the damage by violating his obligation.
4.19. The delay of the party in taking over the thing gives the other party the right, after prior notice of the costs of the delay, to sell the goods in an appropriate manner after giving the delayed additional reasonable time to take over. This also applies if the party is late in paying, which is conditional on the handover of the thing.
Supplier Liability
4.20. The Supplier is responsible to the Buyer that the item has no defects upon receipt. In particular, the Supplier is responsible to the Buyer that at the time when the Buyer took over the thing,
4.20.1. the item has the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the Supplier or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
4.20.2. the thing is suitable for the purpose stated by the Supplier for its use or for which a thing of this kind is usually used,
4.20.3. is an item in an appropriate quantity, measure or weight, and
4.20.4. the matter complies with the requirements of the legislation. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt, and this sentence applies to limited parts of lasers whose warranty period is limited to less than 6 months (see also the Complaints Procedure). Supplier, part 2. Length of warranty.)
4.21. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt, but this does not apply to:
4.21.1. in the case of an item sold at a lower price for a defect for which a lower price was agreed,
4.21.2. the wear and tear of the thing caused by its normal use,
4.21.3. in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer, or
4.21.4. if it follows from the nature of the matter.
4.22. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer caused the defect himself.
4.23. If the item has a defect from which the Supplier is obliged, and if the item is sold at a lower price or the item is used, the Buyer is entitled to a reasonable discount instead of the right to exchange the item.
Substantial breach of contract
4.24. If the defective performance is a material breach of contract, the Buyer has the right
4.24.1. to eliminate the defect by delivering a new item without a defect or by delivering a missing item, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the buyer has the right to rectify the defect free of charge;
4.24.2. to eliminate the defect by repairing the thing,
4.24.3. at a reasonable discount from the purchase price, or
4.24.4. withdraw from the contract.
4.25. The Buyer shall inform the Supplier which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the choice made without the consent of the Supplier; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the Supplier does not eliminate the defects within a reasonable time or notifies the Buyer that he will not eliminate the defects, the Buyer may request a reasonable discount from the purchase price instead of eliminating the defect, or may withdraw from the contract. If the Buyer does not choose his right in time, he has the rights as in the case of a minor breach of contract – see below.
4.26. The Buyer-Consumer is entitled to a reasonable discount even if the Supplier is unable to deliver a new item without defects, replace its part or repair the item, as well as if the Supplier fails to remedy the situation within a reasonable time or
Minor breach of contract
4.27. If the defective performance is an insignificant breach of contract, the Buyer has the right to eliminate the defect or to a reasonable discount on the purchase price.
4.28. Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Supplier may supply what is missing or eliminate the legal defect. The Supplier may eliminate other defects at its option by repairing the item or by delivering a new item.
4.29. If the Supplier does not eliminate the defect in time or refuses to eliminate the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the made choice without the consent of the Supplier. The Buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
4.30. Upon delivery of a new item, the Buyer shall return the item originally delivered to the Supplier at its expense.
If the Buyer does not report the defect without undue delay after he was able to detect it during a timely inspection and sufficient care, he will not be granted the right to defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could find it with sufficient care, but no later than two years after delivery of the item.
Warranty
4.31. By guaranteeing the quality, the Supplier undertakes that the thing will be suitable for use for the usual purpose for a certain period of time or that it will retain its usual properties. These effects are also indicated by the warranty period or the shelf life of the item on the packaging or in advertising. A guarantee can also be provided for an individual part of the item.
4.32. The warranty period runs from the delivery of the item to the Buyer; if the item has been sent under the contract, it runs from the time the item reaches its destination. If the purchased item is to be put into operation by someone other than the Supplier, the warranty period runs only from the date of putting the item into operation, if the Buyer ordered the commissioning no later than three weeks after taking over the item and duly and timely provided the necessary cooperation.
4.33. The Buyer is not entitled to a warranty if the defect caused an external event after the transfer of the risk of damage to the goods to the Buyer.
5. Withdrawal from the contract
Withdrawal from the contract by the Consumer
5.1. The consumer has the right to withdraw from the contract within fourteen days. The period under the first sentence runs from the date of conclusion of the contract and, if applicable
5.1.1. purchase contract, from the date of receipt of the goods,
5.1.2. a contract having as its object several types of goods or the supply of several parts, as from the date of taking over the last supply of goods, or
5.1.3. a contract the subject of which is the regular repeated delivery of goods, from the date of taking over the first delivery of goods.
5.2. The Supplier allows the Consumer to withdraw from the contract in person, at the Supplier’s address. The Supplier shall then confirm its acceptance to the consumer without undue delay in text form.
5.3. It is also possible to withdraw by correspondence at the address of the Supplier.
5.4. If the Consumer withdraws from the contract, he shall send or hand over to the Supplier without undue delay, no later than within fourteen days from the withdrawal from the contract, the goods received from the Supplier, at his own expense.
5.5. The Consumer should return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods.
5.6. If the Consumer decides to withdraw within the specified period, we recommend to expedite the settlement of the goods to the Supplier’s address together with the enclosed cover letter with possible reason for withdrawal from the purchase contract (not a condition), purchase document number and bank account number or , whether the amount will be withdrawn in cash.
5.7. The Consumer is liable to the Supplier only for the reduction of the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.
5.8. If the Consumer withdraws from the contract, the Supplier shall return to him without undue delay, no later than fourteen days after the withdrawal from the contract, all funds received from him under the contract in the same way.
5.9. However, if the Consumer withdraws from the contract, the Supplier is not obliged to return the received funds to the Consumer before the Consumer hands over the goods or proves that he has sent the goods to the Supplier.
5.10. The Consumer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Supplier and the Buyer is concluded on condition that if the Consumer’s right to withdraw from the purchase contract is exercised, the gift contract expires and the Consumer is obliged together with the returned return the goods and the related gifts provided, including everything he has enriched. If these are not returned, these values will be understood as unjust enrichment of the Consumer. If the issue of the object of unjust enrichment is not well possible, the Supplier is entitled to monetary compensation in the amount of the usual price.
Withdrawal in other cases
5.11. The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply:
5.11.1. if the condition has changed as a result of an inspection in order to detect a defect in the item,
5.11.2. if the Buyer used the item before the discovery of the defect,
5.11.3. if the Buyer has not caused the impossibility of returning the thing in an unaltered state by act or omission, or
5.11.4. if the Buyer sold the item before the discovery of the defect, if he consumed it, or if he changed the item in normal use; if this has happened only in part, the Buyer shall return to the Supplier what he may still return and shall reimburse the Supplier up to the amount in which he benefited from the use of the item.
5.11.5. If the Buyer does not report the defect in time, he loses the right to withdraw from the contract.
6. GDPR and information protection
6.1. The Seller declares that all personal data is confidential and will be used in accordance with EU Regulation 2016/679 only to perform the contract with the Buyer, or in accordance with his consent to the use of personal data provided by the Buyer to the Supplier and/or Megaflex via https://www.razitko.cz or in another demonstrable way.
6.2. Detailed information on how Megaflex processes personal data can be found on our website or here .
7. Operating hours
7.1. Orders via www.razitko.cz are accepted 24 hours a day, 7 days a week.
7.2. Receipt of orders by phone or in person is possible in accordance with the working hours of the Supplier.
8. Prices
8.1. All prices are negotiable. After selecting the Supplier, the current and valid prices of this Supplier are always on the website www.razitko.cz.
8.2. For Consumers and unregistered Entrepreneurs, the prices listed include VAT.
8.3. The special prices are always valid until the stock is sold out, stating the number of pieces of special offer goods or for a specified period of time.
9. Ordering
9.1. The buyer will receive performance at the price valid at the time of ordering. This price will be stated in the e-shop or in the message confirming the receipt of the order of goods.
9.2. You can order in the following ways:
9.2.1. through e-commerce
9.2.2. according to the business conditions of the selected Supplier
9.3. The Supplier recommends that the Buyer place orders via the e-shop via the Buyer’s registered profile. In the case of public access to the Internet, it also recommends that the Buyer log out of his profile after placing the order.
10. Payment terms
10.1. The seller accepts the payment terms listed on www.razitko.cz.
10.2. The goods remain the property of the Supplier until full payment and acceptance, but the risk of damage to the goods passes to the acceptance of the goods by the Buyer.
11. Terms of delivery
11.1. Delivery time:
11.1.1. may vary individually for each Supplier
11.1.2. for goods to order or goods modified according to the Buyer’s wishes, the delivery time is always set by agreement of the contracting parties.
11.2. Personal collection:
11.2.1. The goods may only be taken over by the Buyer or a person authorized by him. This person must sufficiently identify himself and prove his identity with a valid identity card or passport.
11.3. Sending by transport service – Czech Republic:
11.3.1. The goods can be sent to the buyer by the transport service selected by the Supplier.
11.3.2. The price of transport is governed by the price list current on the day of the order.
11.4. Sending by courier (or the carrier selected by the Buyer):
11.4.1. Unless expressly agreed otherwise, the Courier Service is ordered and paid exclusively by the Buyer. The courier can be sent to the Supplier after confirmation of the content of the order and the date of its dispatch by the Supplier.
11.5. Sending by transport service – SR:
11.5.1. The goods can be sent to the buyer by transport service directly to the address of his choice. The price of transport is governed by the price list current on the day of the order.
11.6. Acceptance of goods:
11.6.1. The buyer is obliged to check the condition of the shipment together with the carrier immediately upon delivery (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note.
11.6.2. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is, for example, incomplete or damaged. If the Buyer accepts such a damaged consignment from the carrier, it is necessary to describe the damage in the carrier’s handover protocol.
11.7. Damaged shipment:
11.7.1. Incomplete or damaged shipment must be immediately notified by e-mail to the address of the Supplier, write a damage report with the carrier and send it without undue delay by fax, e-mail or mail to the Supplier.
11.7.2. An additional claim for incompleteness or external damage to the shipment does not deprive the Buyer of the right to complain about the item, but gives the Supplier the opportunity to prove that this is not a breach of the purchase contract.
12. Warranty conditions
12.1. The warranty conditions for the goods are governed by the Complaints Procedure of the Supplier and the relevant legal regulations of the Czech Republic. An invoice or other sales document usually serves as a guarantee certificate.
13. Final provisions
13.1. These business conditions, including their components, are valid and effective from 1 January 2021 and cancel the previous version of the OP, including its components, and are available at the Supplier’s registered office and electronically at www.razitko.cz.