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Terms & Conditions and Claims Code
The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Wjenzek s.r.o., Co. Reg. No. 28605624, VAT Reg. No. CZ28605624, with its registered office at Opavská 427, 747 31 Velké Hoštice, (“Wjenzek.com”), and the purchaser (“Purchaser”).
Purchaser is a consumer or an entrepreneur.
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions.
The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of Wjenzek.com or Wjenzek.com’s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by Wjenzek.com, unless a specific agreement individually provides otherwise.
II. Pre-Contractual Representations and Warranties
Wjenzek.com represents and warrants that:
a. The prices for goods and services displayed on the website operated by Wjenzek.com are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
b. Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
o receiving the goods (purchase agreements);
o receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
o receiving the first delivery (ongoing contracts);
o and do so in writing either by sending the notice of withdrawal to the Wjenzek.com central office or completing the form available on the Wjenzek.com website.
c. The consumer cannot withdraw from an agreement for the:
o provision of services performed by Wjenzek.com with previous explicit consent of the consumer prior to the expiration of the period of notice;
o delivery of goods/services offered for the price affected by deviations in the financial market beyond Wjenzek.com’s control with a potential to occur during the period of notice;
o delivery of goods adjusted as per the requirements/for the needs of the consumer;
o delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
o repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
o delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;
o delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;
o delivery of newspapers, periodicals and magazines;
o transport or leisure services provided by an entrepreneur within a defined period; and
o delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby Wjenzek.com underlines that an agreement for the delivery of an on-line content cannot be withdrawn).
d. The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
e. The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Wjenzek.com and in particular by adding the requested product (goods, services, digital content) to the cart or using the “Buy Now” service (registered users only). The Purchaser may as well enter into the agreement with the assistance of Wjenzek.com customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. When adding the product to the cart, the Purchaser is recommended additional related services selected by Wjenzek.com as per their popularity with other customers; the recommended services can be removed from by the Purchaser from the cart before the transaction is completed. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by Wjenzek.com whereby Wjenzek.com assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation email letter sent by Wjenzek.com to the email address provided by the Purchaser.
As Wjenzek.com reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Wjenzek.com’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by Wjenzek.com to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of Wjenzek.com’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (Wjenzek.com)
Wjenzek.com guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Wjenzek.com guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
a. The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Wjenzek.com or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
b. The product can be used for the purposes stated by Wjenzek.com or for the purposes for which the product of that kind is usually used.
c. The product is provided in the corresponding quantity, measurement or weight.
d. The product complies with the requirements stipulated by law.
If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the Purchaser may and can:
a. have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;
b. have the defect removed by repair;
c. be given a reasonable discount on the purchase price; or
d. withdraw from the agreement.
When claiming the defect in question, the Purchaser informs Wjenzek.com as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Wjenzek.com; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Wjenzek.com within a reasonable period or if the Purchaser is informed by Wjenzek.com that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where Wjenzek.com cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where Wjenzek.com fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.
Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, Wjenzek.com may deliver the missing parts or remove the legal defect. Other defects can be removed at Wjenzek.com’s discretion either by repair or delivery of a new product.
If Wjenzek.com fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Wjenzek.com.
7. General Breach
The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.
If being delivered a new product, the Purchaser returns the original product back to Wjenzek.com (along with all accessories delivered together with the product itself) and does so at Wjenzek.com’s cost.
Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.
Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
a. receiving the goods (purchase agreements);
b. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
c. receiving the first delivery (ongoing contracts).
Consumers may withdraw from the agreement by completing and submitting the form; once submitted, the completed form is confirmed as received by Wjenzek.com in writing without undue delay.
Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
Wjenzek s. r. o.
747 31 Velké Hoštice. CR
V. Personal Data Protection and Security
Wjenzek.com represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the Purchaser.
VI. Business Hours
Orders placed in the Wjenzek.com e-shop are accepted 24 hours a day, seven days a week.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
The price is stated on the order and in the text message confirming that the order has been placed.
Orders can be placed as follows:
• in the e-shop operated by wjenzek.com (e-shop); or
• by email sent to firstname.lastname@example.org
Wjenzek.com accepts the following for methods of payment
a. wire transfer;
Unless paid in full and received, the goods remain the property of Wjenzek.com. The risk of damage passes to the Purchaser upon receipt.
Wjenzek.com delivers the goods in co-operation with a delivery company
Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to email@example.com and the damage be described in the report on damage executed with the shipping company representatives and sent to Wjenzek.com by fax, email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable Wjenzek.com to prove that the same do not represent a conflict with the purchase agreement.
The warranty terms and conditions are governed by relevant law. In general, the warranty certificate is replaced by the proof of purchase.
1. Time period for claiming defective performance
The time period is 36 months for new (including unpacked) items;
2. Warranty Claims
To expedite the process, the purchaser is recommended to claim the warranty directly with the respective authorised service centre (if applicable).
The warranty may and can be claimed also with Wjenzek.com, to the following address:
Wjenzek s. r. o.
747 31 Velké Hoštice, CR
If the protective seal, information sticker or serial number is damaged, the purchaser risks that the claim will be rejected; unless the same have been damaged in the course of ordinary use of the goods in question. The seals and serial number constitute an integral part of the goods and as such do not limit the customer in using and handling the goods within the extent to which the goods have been designated.
The warranty further does not apply to the damage caused by or resulting from the following activities (however, only if such activity is not usual and at the same time is not prohibited in the enclosed instructions for use):
a. mechanical damage;
b. overvoltage (visibly burnt components or printed circuit boards) with the exemption of common deviations;
c. use of goods in conditions (temperature, dust, humidity, chemical and mechanical conditions) other than directly stipulated by Wjenzek.com or manufacturer;
d. unprofessional installation, use, operation or neglected maintenance;
e. excessive overuse or use contrary to the terms and conditions stipulated in the relevant documents or contrary to the general practice;
f. non-qualified interventions or adjustments of parameters;
g. adjustments made by the customer (painting, bending, etc.);
h. forces of nature or force majeure;
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any disputes arising between Wjenzek.com and the Purchaser may be settled out of court through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR) procedure; with the Purchaser’s option to contact the ODR entity. Wjenzek.com, however, recommends the Purchaser to first contact Wjenzek.com to address the situation.
The agreement is entered into in the English language. If the agreement is required to be translated for the Purchaser into another language, the Czech version prevails in case of discrepancies between the two language versions.
These General Business Terms and Conditions and parts hereto come into force and effect on 15.10.2017
Withdrawal from the sales contract