Terms of service

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of the legal entity BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with its registered office at Vintrovna 395/25, Popůvky 664 41, Postal Code 664 42, registered with the Regional Court in Brno under file No. B 8541, for the sale of goods through its online store (e-shop) available at the following internet address: https://zimaya.cz.

INTRODUCTORY PROVISIONS

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the legal entity BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with its registered office at Vintrovna 395/25, Popůvky 664 41, Postal Code 664 42, registered with the Regional Court in Brno under file No. B 8541 (hereinafter referred to as the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations arising between the contracting parties in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store operated at the website address https://zimaya.cz (hereinafter referred to as the “Website”) via the web interface of the Website (hereinafter referred to as the “Store Web Interface”).

2. The following provisions of these Terms and Conditions shall not apply to persons intending to purchase goods from the Seller who are legal entities or persons acting within the scope of their business or professional activities when ordering goods: 4.1.–4.4., 5.6, 7.10, 8.5, 8.7 and 9.

3. Provisions differing from these Terms and Conditions may be agreed upon in the Purchase Agreement. Any differing provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Italian language and the Purchase Agreement may be concluded in the Italian language.

5. The Seller may amend or supplement these Terms and Conditions. Such amendments shall not affect rights and obligations arising during the validity period of the previous version of the Terms and Conditions.

6. The Buyer may order goods with or without registration on the Website directly through the Store Web Interface, if such functionality is available.

7. When registering on the Website and/or ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information entered in the user account whenever any changes occur. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

8. Access to the user account – if the Store Web Interface allows its creation – is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the user account.

9. The Buyer is not authorized to allow third parties to use the user account.

10. The Seller may cancel the user account, especially if the Buyer has not used the account for more than 12 months or if the Buyer breaches obligations arising from the Purchase Agreement, including these Terms and Conditions.

11. The Buyer acknowledges that the user account may not be continuously available, especially with regard to necessary maintenance of the Seller’s hardware and software equipment or the hardware and software equipment of third parties.

6. The Buyer must notify the Seller of the defect without undue delay after discovering it, but no later than within two years from receipt of the goods, and request the free removal of the defect, at the Buyer’s discretion, either by repair or by delivery of a new defect-free item, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method, assessed in particular with regard to the significance of the defect, the value the item would have had without the defect, and whether the defect can be removed by the alternative method without significant inconvenience to the Buyer.

7. The Seller may refuse to remove the defect by repair or by delivery of a new item if this is impossible or disproportionately costly, taking into account in particular the significance of the defect and the value the item would have had without the defect. If, in such a case, the Buyer has duly notified the defect, the Buyer has the right to request a discount on the purchase price or, if the defect is not minor, to withdraw from the Purchase Agreement.

8. If a used item is purchased, the Seller may shorten the period for exercising rights arising from defective performance to one year from receipt of the goods.

9. It is presumed that a defect appearing within one year from receipt of the goods already existed at the time of receipt, unless this is excluded by the nature of the goods or the defect. This period shall not run during the time when the Buyer cannot use the goods, provided that the Buyer has duly notified the defect.

10. The Buyer may not exercise rights arising from defective performance if the Buyer caused the relevant defect.

11. Normal wear and tear of the goods shall not be considered a defect.

12. In the case of the sale of used goods, the Seller is not liable for defects corresponding to the degree of their previous use or wear. The Seller is liable for defects arising within the period of use of the goods indicated in advertising, on the packaging or in the attached instructions. The Seller is also liable to the Buyer for any defect caused by incorrect assembly or installation carried out in accordance with the Purchase Agreement by the Seller or by another person acting under the Seller’s responsibility. These provisions also apply if the assembly or installation was carried out by the Buyer and the defect was caused by missing instructions in the user manual provided by the Seller or by the provider of digital content or a digital content service, if the item has digital features.

13. In the case of a repeated or significant defect, the Buyer may exercise the right to request a reasonable discount on the purchase price or to withdraw from the Purchase Agreement; however, the Buyer may not withdraw from the Purchase Agreement if the defect is minor.

VII

COMPLAINT PROCEDURE

1. The Buyer must submit a complaint to the Seller or to the person designated for repairing the goods without undue delay after discovering the defect. When submitting a complaint, the Buyer must provide contact details, describe the defect and choose the method of handling the complaint. The relevant form is attached as Annex No. 2 to these Terms and Conditions and is included at the end of these Terms and Conditions.

2. If the Seller has a business premises, the Seller must ensure the permanent presence at such premises of an employee authorized to handle complaints.

3. The Buyer must prove the purchase of the goods, preferably by presenting proof of purchase. The period for handling the complaint begins when the complaint is submitted. At the same time as submitting the complaint, or subsequently, the Buyer must deliver or arrange delivery of the goods to the Seller or to the place designated for their repair.

4. The goods must be properly packed for transport to prevent damage and must be clean and complete. The Seller must issue the Buyer with a written confirmation that the complaint has been submitted, stating the date of submission, the content of the complaint, the method of handling the complaint chosen by the Buyer, and the Buyer’s contact details for providing information on the handling of the complaint. This obligation also applies to other persons designated to repair the goods.

5. The Seller must remove the defect within a reasonable period after it has been identified, taking into account the nature of the item and the purpose for which the Buyer purchased it. The Seller shall handle the complaint, including removal of the defect, and inform the Buyer of the complaint handling using the Buyer’s contact details no later than 30 days from submission of the complaint, unless the Seller agrees with the Buyer in writing on a longer period.

6. If the Seller does not handle the complaint within the specified period, including informing the Buyer of the complaint handling, the Buyer has the right, after expiry of such period, to withdraw from the Purchase Agreement or request a reasonable discount.

7. If the Seller refuses to remove the defect in the goods and/or does not remove it pursuant to Sections 2170(1) and 2170(2) of the Civil Code, or if it is clear from the Seller’s statements or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer, the Buyer may request a reasonable discount on the price or withdraw from the Purchase Agreement.

8. However, the Buyer may not withdraw from the Purchase Agreement if the defect is minor; unless proven otherwise, the defect is deemed not to be minor. The period for exercising rights arising from defective performance is extended by the period during which the Buyer could not use the goods in the case of a justified complaint.

9. In the case of a justified complaint, the Buyer may request reimbursement of reasonably incurred costs.

10. The Seller shall issue the Buyer with a document confirming the date and method of handling the complaint, including confirmation of the repair of the defect and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to repair the goods.

VIII

OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Buyer acquires ownership of the goods upon taking delivery of them and paying the purchase price. The risk of damage to the goods passes to the Buyer at the moment the Buyer takes delivery of the goods. If the Buyer fails to take delivery of the goods, except where the Buyer refuses delivery due to obvious damage, the risk of damage to the goods passes to the Buyer at the moment when the Buyer had the opportunity to take delivery but failed to do so for reasons attributable to the Buyer.

2. The Buyer acknowledges that the software and other components forming the web interface of the shop, including images of the goods offered, are protected by copyright. The Buyer undertakes not to carry out any activity that could allow the Buyer or third parties to unlawfully interfere with or use the software or other components forming the web interface of the shop.

3. When using the web interface of the shop, the Buyer is not entitled to use tools, software or other procedures that could negatively affect the operation of the interface. The web interface of the shop may be used only to the extent that does not infringe the rights of other customers of the Seller and is in accordance with its intended purpose.

4. The Buyer acknowledges that the Seller is not liable for errors caused by third-party interference with the Website or by use of the Website contrary to its intended purpose.

5. The Seller handles out-of-court consumer complaints via the following email address: claim@bjutip.com. The Seller shall send information about the handling of the Buyer’s complaint to the Buyer’s email address.

6. The Seller is authorized to sell goods on the basis of its trade licences. The relevant official supervision is carried out by the competent Trade Licensing Office, supervision over personal data protection is carried out by the Office for Personal Data Protection, and supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority.

7. The Buyer has the right to initiate online out-of-court dispute resolution through the ODR platform available at: ec.europa.eu/consumers/odr/.

8. The Buyer assumes the risk of a change in circumstances pursuant to Section 1765(2) of the Civil Code.

PERSONAL DATA PROTECTION

1. The Seller processes the Buyer’s personal data for the purpose of concluding and managing the Purchase Agreement, delivering the goods, fulfilling its statutory obligations and, with the Buyer’s prior consent, improving the provider’s services and offer, carrying out marketing activities, including sending commercial communications and personalising advertising, or for any other purpose to which the customer has consented.

2. The Seller processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to personal data processing and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), the relevant laws of the Czech Republic and the Seller’s Privacy Policy, which specifies how the Seller processes the Buyer’s personal data and what data it stores, uses and may transfer to third parties. The Personal Data Processing Policy also contains a list of all the Buyer’s rights arising from the processing of personal data, in particular the right to receive information and obtain correction or deletion of processed data, as well as the right to withdraw consent to processing at any time.

3. With regard to the processing of personal data, the Seller declares that it:

i) processes personal data in accordance with legal requirements,

ii) has ensured that persons authorised to process personal data have undertaken a duty of confidentiality or are subject to a statutory duty of confidentiality,

iii) has adopted appropriate technical and organisational measures to ensure the necessary level of personal data security, and

iv) informs the supervisory authority or data subjects in the event of a personal data breach that may affect the rights and freedoms of natural persons.

COOKIE STORAGE AND DELIVERY OF NOTICES

1. The Buyer consents to the storage of cookies on their computer. If purchases on the Website and the fulfilment of the Seller’s obligations under the Purchase Agreement can be carried out without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent granted under the previous sentence at any time.

2. Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing and, at the sender’s discretion, by email, in person or by registered mail through a postal service provider. Correspondence must always clearly and unambiguously identify the Buyer and the Order to which it relates. Correspondence is delivered to the Buyer at the email address specified in their user account or in the Order. If correspondence is conducted by telephone, the Buyer must identify themselves sufficiently so that a document confirming the performance of a binding legal act can be issued.

FINAL PROVISIONS

1. If the relationship established under the Purchase Agreement contains a cross-border or foreign element, the parties agree that such relationship shall be governed by Czech law. This provision does not affect the consumer’s rights arising from generally binding legal regulations.

2. If any provision of these Terms and Conditions is or becomes invalid or ineffective, such provision shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any amendment to the Purchase Agreement or these Terms and Conditions must always be made in writing.

3. The Seller archives the Purchase Agreement, including the Terms and Conditions, in electronic form and it is not publicly accessible.

4. The Seller’s contact details are as follows:

registered office and postal address: BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with registered office at Vintrovna 395/25, Popůvky 664 41

business premises: Vintrovna 395/25, Popůvky 664 41, email: info@bjutip.com.

5. These Terms and Conditions are valid from 11 November 2024 and remain valid until updated.

Annex No. 1

WITHDRAWAL FORM

Name and surname: ........................................................................................................................

My address: ..............................................................................................................................

My telephone and email: ................................................................................................................

BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with registered office at Vintrovna 395/25, Popůvky 664 41

........................................., on .........................................

Subject: Notice of withdrawal from the Purchase Agreement

Dear Sir or Madam,

on ..................... I concluded a Purchase Agreement with you through your e-shop https://zimaya.cz, the subject of which was the purchase of the following goods:

..................................................................................................................................................................................................................................................................................................................................................................................................................... (identification of the goods).

I received the above-mentioned goods on .........................................

As the said Purchase Agreement was concluded via the Internet, i.e. by means of distance communication, I hereby exercise my right pursuant to Section 1829(1), in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, as amended, and notify you of my withdrawal from the above-mentioned Purchase Agreement.

I am also sending the goods back in a separate package and at the same time request that you refund the purchase price in the amount of ......................................... EUR and the amount of ......................................... EUR for shipping costs by crediting these amounts to my bank account No. ......................................... within 14 calendar days from delivery of this Notice of Withdrawal.

Yours faithfully,

......................................................................

(handwritten signature)

Attachments: Copy of proof of purchase

Annex No. 2

COMPLAINT FORM

Name and surname: ........................................................................................................................

My address: ..............................................................................................................................

My telephone and email: ................................................................................................................

BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with registered office at Vintrovna 395/25, Popůvky 664 41

........................................., on .........................................

Subject: Complaint notice

Dear Sir or Madam,

on ..................... I concluded a Purchase Agreement with you through your e-shop https://zimaya.cz, the subject of which was the purchase of the following goods:

I received the above-mentioned goods on .........................................

I hereby submit a complaint regarding the above-mentioned goods because they have the following defects:

And I request (select the relevant option):

- repair of the goods,

- a discount on the purchase price,

- delivery of new goods,

- withdrawal from the Purchase Agreement.