Terms and conditions - Tukkari.eu
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions.
1 Definitions
1.1 In these terms and conditions
1.1.1 "E-shop" means a computer program - an Internet application available on the Internet via the Internet addresses www.tukkari.eu, the main functionality of which is the display, selection and ordering of goods by the User.
1.1.2 "Purchase agreement" is a purchase contract within the meaning of the provisions of § 2079 et seq. of the Civil Code between the Operator as the seller and the User as the buyer via the E-shop.
1.1.3 "Shopping basket" is a part of the E-shop, which is automatically generated by the activation of the corresponding functions by the User within his actions in the user environment of the E-shop, in particular by adding or removing goods and/or changing the quantity of selected goods.
1.1.4 "Civil Code" means Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended.
1.1.5 "Operator" means the company CZEKO Group, s.r.o., company identification number: 64048951, VAT registration number: CZ64048951, with registered office at no. 47, 400 02 Chuderov, Czech Republic.
1.1.6 "Access Data" means a unique login name and associated password entered by the User into the e-shop database during the registration process.
1.1.7 "Registration" means the electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database.
1.1.8 "Consumer" means the User - a person who concludes a contract with the Operator or otherwise deals with the Operator outside the scope of his business activity or independent exercise of his profession.
1.1.9 "User" - any legal or individual person using the E-shop.
1.1.10 "User account" is the part of the E-shop created by each User through registration (i.e. it is unique for each User) and made available after entering the access data.
1.1.11 "Goods" means an item offered by the Operator for sale to the User through the E-shop.
1.1.12 "Delivery locations" means the geographical areas to which the Operator delivers its products.
2 Information for Consumers before concluding a contract
2.1 With regard to the price of the goods and the costs of transportation and other charges, the following provisions shall apply:
2.1.1 The prices of the goods and services provided are indicated on the Website with and without VAT, including all legally prescribed fees, however, the costs of delivery of the goods or services vary according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other charges that the User may have to pay for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne exclusively by the User.
2.1.2 The shipping costs are calculated based on the destination, the weight of the items and the selected shipping method. Users can determine the shipping costs by adding items to their shopping cart.
2.1.3 All goods are shipped from the Operator's production facility and warehouse located in the Czech Republic, Europe. When importing goods, Users may be subject to additional duties, taxes and fees imposed by customs authorities in their respective countries. The Operator is not responsible for any customs duties or courier brokerage fees incurred when importing goods. It is the User's responsibility to familiarize himself/herself with the duty-free allowances and regulations applicable in his/her country.
2.2 In the event of withdrawal from the contract, the following applies:
2.2.1 Pursuant to the provisions of Section 1829, Paragraph 1 of the Civil Code, the consumer has the right to withdraw from the purchase agreement within fourteen (14) days of receipt of the goods. If the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of goods. The notice of withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.2.2 There may be instances where the Operator cannot deliver to certain islands, overseas territories or remote areas due to courier restrictions. Consumers are advised to contact the Operator before making a purchase if they suspect that their location may be affected. If an order cannot be fulfilled due to delivery restrictions, the User will be notified immediately and offered alternative solutions or a full refund.
2.2.3 The User has the right to return purchased items within 14 days of delivery. Returned items must meet certain criteria to be eligible for a refund. Returned items must not have been assembled or tampered with, and any protective film on acrylic panels must remain intact. Users are responsible for the shipping costs associated with returning the product. Custom made products are not eligible for return. The price of the goods will be refunded to the user using the same payment method selected at the time of purchase. Shipping costs are not refundable if the goods have already been shipped and both the Operator and the User have agreed to a refund after shipment.
2.2.4 Users may request to cancel or modify their orders under certain conditions. Requests for cancellation or modification must be made promptly after the order is placed and before the order is processed for shipment. Once the order has been processed, users may not be able to cancel or modify the order. The process for initiating an order cancellation or modification may vary depending on the payment method used and other factors. Users should follow the instructions provided by the Operator on the e-shop platform or contact customer support for assistance. The Operator reserves the right to refuse or reject any request for order cancellation or modification that does not comply with the terms and conditions set forth herein.
2.2.5 The consumer may not withdraw from the contract for the provision of services that the operator has performed with the consumer's prior express consent before the expiry of the withdrawal period;
2.2.6 If the Consumer withdraws from the purchase agreement, he/she is obliged to inform the Operator in writing of his/her bank account number in order to receive a refund of the purchase price of the goods, which may be reduced in case of legal reasons.
2.2.7 If the consumer withdraws from the purchase agreement for the goods that he returns to the operator damaged, worn and/or with the protective foil removed in the case of plexiglass parts, the operator will consider such goods devalued and ineligible for resale. Goods delivered in the form of kits, which the consumer has partially or completely assembled, are also considered devalued and ineligible for resale. In these cases, the consumer will not be entitled to a refund of any part of the purchase price paid, and the withdrawal from the contract will be considered invalid. If in such a case the consumer agrees to pay the costs of returning the returned goods to the consumer's address, the operator will send the goods to the consumer's address in the agreed manner after receiving payment of these costs.
2.2.8 The operator uses the possibility of out-of-court settlement of consumer complaints. In case of a complaint, the consumer can contact the relevant employee of the operator free of charge at the e-mail address info@tukkari.eu. Complaints may be submitted to the supervisory authority or the state supervisory authority. The Czech Trade Inspection handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
3 The process of concluding the contract
3.1 The Operator offers the Users to conclude a purchase contract through the E-shop. The Operator's offer to conclude a purchase contract is the display of the button "Complete order" in the user interface of the e-shop.
3.2 Order confirmation: By clicking the button "Confirm order" and accepting the terms and conditions, the User confirms the acceptance of the purchase contract.
3.3 Conclusion of the contract: The purchase contract is considered to be concluded when the electronic information confirming the order, according to paragraph 3.2, is received by the server hosting the e-shop via the Internet.
3.4 User obligations: The User is obliged to provide accurate and complete information in the fields of the e-shop interface, including e-mail address, identification data and delivery address, if applicable. The User acknowledges that the Operator assumes that the information provided is correct and complete and that the User has no right to verify the accuracy of the information provided.
3.5 Product presentation: All products displayed in the E-shop are for information purposes only, and the Operator is not obliged to enter into an agreement regarding these products. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
4 Purchase Agreement
4.1 By concluding the purchase contract, the following provisions come into force:
4.1.1 The User buys from the Operator the goods selected by the User in the shopping environment of the e-shop by adding them to the shopping cart in the quantity selected and/or set by the User for the given goods in the shopping environment of the e-shop, and the User undertakes to pay the Operator for the given goods the price indicated for such goods in the shopping environment of the e-shop.
4.1.2 The Operator has the right to withdraw from the purchase contract up to the moment of sending the goods to the User for any reason or without stating a reason. The fact that the Operator notifies the User that it is unable to deliver the goods ordered by the User shall also be considered a withdrawal from the purchase contract.
4.1.3 The Operator reserves the right to request additional confirmation of the order from the User at any time. Until the Operator receives the User's order confirmation, the Operator may delay the shipment of the goods.
4.1.4 The Operator undertakes to dispatch the purchased goods within a reasonable period of time after the conclusion of the purchase contract. Goods in stock are usually shipped within three business days. If the goods have to be manufactured, the manufacturing lead time applies. Upon shipment, the User will receive an e-mail notification with tracking information.
4.1.5 If the User refuses to accept a shipment containing ordered goods or provides incorrect or incomplete delivery address information, which results in the shipment being returned to the Operator, the User will be responsible for the shipping costs associated with the return of the shipment. Upon receipt of the returned shipment, the Operator will notify the User of these costs. The User may choose to pay these costs directly to the Operator, or the Operator may deduct the same amount from the refund if the User decides to cancel the order and requests a refund.
4.1.6 The type of packaging of the goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are excluded.
4.1.7 The User is obliged to pay to the Operator the costs associated with packaging and delivery of the goods to the User in the amount specified for the order in the user environment of the e-shop.
4.1.8 The User has the right to choose the method of payment of the purchase price of the goods and other related services to the Operator from the options presented to the User in the E-shop user environment. If any of the payment methods contains information about the costs associated with such payment, the User is obliged to bear the costs as listed in the user environment of the e-shop. If the published costs associated with the selected payment method are non-refundable in accordance with the terms and conditions of the respective payment method provider, such costs shall not be refunded to the User and shall be deducted from the User's original payment in case of order cancellation.
4.1.9 In case of payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
4.1.10 In the case of payment by bank transfer, the User's obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is credited to the Operator's bank account.
4.1.11 Educational institutions and public companies may purchase on account, subject to the Operator's approval. Invoices are payable within 14 to 30 days from the date of delivery, after prior agreement with the Operator.
4.1.12 The Operator reserves the right to grant the User discounts on the price of the goods. Unless expressly stated otherwise, discounts on the price of goods may be combined.
4.1.13 The purchase price of the Goods does not include any payments, fees or other rewards that the User may have to spend for services provided by third parties in connection with the payment of the purchase price of the Goods; such costs are the sole responsibility of the User.
4.1.14 The Operator reserves the right to ownership of the goods that are the subject of the purchase agreement until the Operator receives full payment of the purchase price for the goods.
4.1.15 The Operator will always send the User a tax document - invoice in electronic form to the e-mail address of the User entered during the order process in the User environment of the e-shop.
4.1.16 If the Operator provides the User with a gift together with the goods, the gift contract between the User and the Operator is concluded with the condition that in case of termination of the purchase contract (e.g. in case of withdrawal from the purchase contract) the gift contract is terminated without further notice and the User is obliged to return the provided gift together with the goods to the Operator.
4.1.17 The Operator provides the User with a warranty for the goods, if the warranty period for the given goods is stated in the user environment of the e-shop, for the period of the stated warranty period, while such warranty is valid only for the consumer.
4.1.18 The User has the option to exercise the right to withdraw from the contract and the right to claim defective performance by contacting the Operator at the address of the Operator's registered office. The moment of the claim is considered to be the moment when the Operator receives the claimed goods from the User.
4.1.19 If it is stated in the E-shop user environment that the advertised goods are "used", the User buys the goods in a used condition, including the stated defects of such goods.
4.1.20 The risk of loss, damage and/or destruction of the goods, which are the subject of the purchase contract, passes to the User, who is a consumer, at the moment of taking over the goods by the User.
4.1.21 The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of delivery of the Goods to the first carrier.
5 User account
5.1 The User has the right to create a User Account by registering.
5.2 The User is obliged to enter the Access Data before entering the User Account.
5.3 The User's identification data entered at the time of registration shall be considered as the data entered at the time of each order of goods made by the User after logging into the User's account.
5.4 The User may not provide access data or any other access to the User Account to third parties. The User is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator will provide the User with new access data within a reasonable period of time.
6 Complaints procedure
6.1 The operator is responsible to the consumer that the goods are free of defects upon receipt.
6.2 If the goods are defective, the consumer has the right to request the delivery of new goods free of defects, unless this is unreasonable due to the nature of the defect; if the defect affects only a part of the goods, the consumer can only request the replacement of that part; if this is not possible, the consumer has the right to withdraw from the purchase agreement.
6.3 The consumer has the right to have new goods delivered or a part replaced, even in the case of a repairable defect, if he cannot use the goods properly due to a repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer has the right to withdraw from the purchase agreement.
6.4 Due to the nature of the production process, acrylic components cannot be considered as defective and subject to complaint:
6.4.1. small scratches on the surface of the material
6.4.2 the so-called "burr" or sharp edge of acrylic parts, which is an inevitable consequence of the CO2 laser cutting production process
6.4.3 Smell of cut Plexiglas parts, which gradually disappears after a few days after removing the protective foils.
6.5. Due to the nature of the production process, the following cannot be considered as defects and subject to warranty claims for parts of goods made of laminated chipboard and MDF boards
6.5.1. Minor scratches and minor chipping of the laminated surface caused by machining with a CNC router.
6.5.2 Minor glue overlaps at the application points of the ABS edge caused by an automatic banding machine.
6.6 If the consumer does not withdraw from the purchase contract or does not exercise the right to deliver new goods without defects or to replace its components or repair the goods, he/she may request a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator is unable to deliver new goods without defects, replace its parts or repair the goods.
6.7 The user is obligated to follow the instructions and warnings in the user's manual during cleaning and maintenance. This includes the need to avoid applying any solvent-based cleaning agents or chemicals to the surface of the acrylic parts. These chemicals may cause cracks in the edges of the acrylic parts and irreversible damage to the product. The user acknowledges that the formation of cracks due to unavoidable chemical-physical processes does not constitute grounds for a warranty claim or complaint.
6.8 The Consumer is not entitled to any compensation if the Consumer knew that the Goods were defective before taking delivery of the Goods, or if the Consumer caused the defect.
6.9 The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use and to Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed.
6.10 If the goods are provided with a warranty, the consumer has the right to claim liability for defective performance during the warranty period.
6.11 Complaints about the goods, including the removal of defects in the goods, must be settled immediately, at the latest within 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period.
6.12 In case the Operator has not received all the documents necessary for the settlement of the given claim, the time limit for settlement of the claim is stopped until the given documents are delivered.
6.13 The right to exercise rights from defects of the goods cannot be applied in case of improper installation, as well as in case of improper handling, i.e. especially in case of using the goods in conditions that do not correspond to the parameters specified in the installation instructions provided with the goods.
7 Privacy Policy
7.1 The Operator is obliged by law to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized disclosure or use.
7.2 More detailed information on the protection of personal data can be found in the Privacy Policy here.
8 Use of the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the shop or access to it for the time necessary for maintenance or repair of the shop or for other reasons on the part of the Operator or third parties.
8.4 The user is obliged to observe the valid and effective legal regulations of the Czech Republic and the European Union when using the E-shop. The user is obliged to compensate in full any damage caused to the operator or third parties.
8.5 In case of violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User's account.
9 Declaration of the operator
9.1 The operator declares that the data records in the e-shop as an electronic system are reliable, systematic, sequential and protected against modifications.
9.2 Due to a technical error in the e-shop, the purchase price of the goods may be displayed incorrectly. Under such circumstances, the Operator is not obliged to deliver the goods at the displayed purchase price. In such a situation, the Operator will contact the User and inform him/her of the actual purchase price of the goods, and the User has the right to decide whether to accept the goods at the actual purchase price or to cancel his/her order.
9.3 The User acknowledges that photographs and computer rendered models of the goods in the e-shop may be illustrative or may create a distorted impression due to their conversion into a display in the User's technical device, therefore the User is always obliged to acquaint himself with the full description of the goods and in case of doubt to contact the Operator.
9.4 The Operator's contact information for communication with the User is listed in the "Contacts" section of the E-shop's user interface.
10 Applicable Law
10.1 These Terms and Conditions as well as the Purchase Agreement shall be governed by the laws of the Czech Republic, in particular by the Civil Code.
11 Effectiveness
11.1 These Terms and Conditions shall become effective on 16. May 2020.