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Terms & Conditions

I. Basic Provisions

  1. These Terms and Conditions govern the relations between the Buyer and the Seller in the area of the sale of electronics and related services between the person Michal Novotný (hereinafter referred to as "the Seller") and his customers (hereinafter referred to as "the Buyer").

  2. The seller is a sole trader Michal Novotný, with registered office Sedlecká cesta 348, 250 66 Zdiby, Czech Republic, which is a registered business entity with ID number 88760685. The entity is not a VAT payer. Contact details for the Seller are:

    • e-mail: [info@opentux.eu] 
    • phone number: [724 309 037]

  3. The Buyer means any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with the Seller or otherwise acts with him for the purpose of purchasing goods ore services offered by the Seller.

  4. At the beginning of the legal negotiations, the Buyer provides to the Seller only his contact details, necessary for the execution of the order, or the details he wants to have on the purchase documents.

  5. The Seller's legal relations with the Buyer not expressly governed by these business conditions are governed by the relevant provisions of Act No. 89/2012 Coll., (Civil Code), Act No. 634/1992 Coll. on consumer protection, as well as related legal regulations.

  6. The Buyer is aware that by buying the products that are in the Seller's business offer, no rights to use the Seller's registered brands, trade names, company logos or patents or other companies arise, unless otherwise agreed in a specific case by a special contract.

II. Information security and protection

  1. By concluding the contract, the Buyer confirms that the personal data he provided are true and agrees that the data provided will be processed and stored by the Seller in accordance with the Personal Data Protection Act and the General Data Protection Regulation (GDPR).

  2. The Seller declares that all personal data of the Buyer will be used only to fulfill the contract and will not otherwise be published or provided to a third party; with the exception of the situation related to the distribution or payment system regarding the ordered goods (communication of the name and delivery address).

  3. Personal data are saved in safety environment accessible only by the employers.

  4. We use encryption and encrypted protocols when processing personal data.
     

III. Ordering

  1. The Seller does not have a store, where the Buyer can personally inspect and pick up the goods. For the purpose of offering the goods, the online shop is used, which is operated on the website [opentux.eu], therefore it is available 24 hours a day, 7 days a week.
  2. The Buyer buys the goods from the Seller at the price valid at the time of ordering. The purchase price is always stated for the specific goods in the online shop.
  3. The costs of postage and packing are borne by the Buyer according to the method chosen when ordering the goods. These costs are governed by the prices specified in article X. of these terms and conditions.

IV. Conclusion of the Contract

  1. The conclusion of the Purchase Contract is based on the acceptance of the Seller's offer by the Buyer by ordering the goods, which is stated on the Seller's website. The order cannot be made by telephone.
  2. Any contract concluded between the Seller and the Buyer may be concluded only in Czech or English.
  3. Reception of an offer with a supplement or deviation is not acceptance of the offer and does not produce legal effects, even if the supplement or deviation does not substantially change the terms of the offer.
  4. The reception of unsolicited performance by the Buyer does not mean acceptance of the offer. In case of reception of unsolicited performance, the Buyer is obliged to inform the Seller about the existence of this performance.
  5. Upon completion of the order, a confirmation of the order will be sent to the Buyer electronically (conclusion of the Purchase Contract). The Buyer's order remains stored with the Seller.
  6. Errors arising from data entry prior to the submission of the order may be corrected by the Buyer only until the order is sent. After sending the order to the Seller, the Buyer can inform the Seller about these errors through his contact details. These changes are legally binding for the Seller only if he confirms in writing to the Buyer that he is in agreement with them.

V. Withdrawal from the contract

  1. In case the Buyer has taken the goods in a different way than in person, i.e. when the ordered goods have been delivered to him by the transport service, the withdrawal period is 14 days from the delivery. In case of products where the extended period of return of the goods is specified in the description, a full or partial return by the transport service is possible up to 60 days from the receipt. Always communicate the procedure to info@opentux.eu in advance.
  2. If the Buyer fulfils all the requirements for withdrawal from the consumer contract concluded in a distance manner and if he decides to withdraw within the above period, the following conditions must be fulfilled:
  • [Send a letter (preferably by e-mail to info@opentux.eu,) with the text: "I …………. (name of the Buyer) have on DD.MM.YYYY concluded the contract no. (order/invoice number) on the website opentux.eu. Following the provisions of Act no. 89/2012 Coll. on consumer contracts concluded in a distance manner, I hereby unilaterally withdraw from the above-mentioned contract, request the refund of the paid amount for the goods to account no.: ……………/…… and declare that I meet all legal requirements for this withdrawal from the contract according to the relevant legal regulations.]
  • [In case of a written copy of the letter, the Buyer is obliged to provide the letter with the appropriate date and handwritten signature.]
  • [Goods sent and delivered back to the address of the Seller must be undamaged and complete (including accessories). In case of non-compliance with any of the above-mentioned formalities, the Seller has the right to refuse the returned goods or to reduce the amount for which the goods will be accepted back proportionately.]
  • [The option to withdraw from the contract does not apply to goods modified according to the Buyer's wishes and other goods that cannot be returned to their original state before purchase.]

VI. Rights from Defective Performance

  1. The Seller shall be liable to the Buyer for the fact that the goods have no defects upon receipt other than those corresponding to the degree of use or wear which the goods have due to their age and that at the time when the Buyer took over the goods:
    • the goods have the characteristics agreed by the parties and, in the absence of an agreement, they have such characteristics as the Seller described or which the Buyer expected due to the nature of the goods;
    • the goods fit for the purpose which the Seller states for their use or for which the goods of this kind are usually used;
    • the goods are in the appropriate quantity, extent or quality;
    • the goods comply with the requirements of the legislation.
  2. The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the goods that the goods had a defect or if the Buyer caused the defect himself.
  3. The Buyer's right from defective performance is based on the defect which the goods have upon receipt by the Buyer. If the defect becomes apparent within six (6) months of receipt, the goods are deemed to have been defective upon receipt.
  4. If the defective performance is a substantial breach of the contract, i.e. such a breach that if the Buyer had known before the purchase, he would not have made the purchase, the Buyer has the right:
    • to remove the defect by delivering the missing goods;
    • to remove the defect by repairing the goods;
    • to a reasonable discount from the purchase price;
    • to withdraw from the contract.
  5. If the defect is removable, the Buyer can claim either a repair or a supplement of what is missing, or a reasonable discount from the purchase price. If the defect cannot be removed and the goods cannot be properly used for it, the Buyer can either withdraw from the contract or claim a reasonable discount from the purchase price.
  6. If the defective performance is a minor breach of the contract, the Buyer has the right to remove the defect, or to a reasonable discount from the purchase price.
  7. The Buyer informs the Seller what right he has chosen when announcing the defect or without undue delay after announcing the defect. The Buyer cannot change the choice made without the consent of the Seller. If the Buyer does not notify the defect without undue delay after the defect has occurred on the goods, he forfeits his right from the substantial breach of the contract and may continue to assert only the rights arising from the defect which is an insubstantial breach of the contract.
  8. The rights from the defective performance are asserted by the Buyer with the Seller by means of a letter or by e-mail to info@opentux.cz

VII. Complaint of Goods

  1. In the event of a complaint within the warranty period, the Buyer may inform the Seller by one of the following options:
    • at the e-mail address [info@opentux.eu] 
    • by telephone at [724 309 037]
  2. The complaint including the defect will be settled without undue delay, at the latest within 30 days from the date of the claim.
  3. The warranty period starts from the date of receipt of the goods by the Buyer. The warranty period is 24 months.
  4. By receipt of the goods, the customer confirms his agreement with the warranty and business conditions. If the goods are not taken personally, the receipt of the goods means the moment when the goods are taken over from the carrier.
  5. The warranty claim does not apply to damage caused by:
    • mechanical damage to the goods,
    • use of the goods in unsuitable conditions for the given product (high humidity, high or extremely low temperatures, aggressive environment, dustiness), it is generally recommended to observe the conditions for operating an office computer,
    • unprofessional handling, service, or neglect of care for the goods,
    • normal wear and tear of the good,
    • error in open source software under the given license.

VIII. Information about the goods

  1. Information about the goods offered in the Seller's e-shop tries to describe the product and purpose as best as possible, however, they may differ in some details from the delivered goods.
  2. In the e-shop there are always current and valid prices of the goods offered including VAT. The price of the goods does not include postage and packing.



IX. Payment Terms

  1. The ordered goods can be paid:
    • by payment using a transfer to the Seller's account after completing the order
    • by card via a secure Pay Pal environment
  2. The goods remain the property of the Seller until full payment.

X. Delivery TERMS

  1. Shipping by transport service: The ordered goods will be sent by the selected transport service. We are using Packeta company to deliver goods in Europe. The price of transport is always fixed during the order.
  2. The buyer is obliged to take delivery of the goods with the exception specified in Art. X. 5 of these Terms and Conditions. If the Buyer does not take delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract.
  3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, as well as the costs associated with another way of delivery.
  4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier of any defects. The Buyer is not obliged to take over the goods with obviously damaged packaging from the carrier.
  5. By signing the delivery note, the Buyer confirms that the consignment of goods fulfilled all conditions and requirements and any later complaint regarding the violation of the packaging of the consignment will not be taken into account.
  6. Other rights and obligations when transporting the goods may be regulated in the respective delivery conditions of the carrier.

XII. Final Provisions

  1. These Terms and Conditions form an integral part of any contract concluded between the Seller and the Buyer with effect from [31.10.2021.]
  2. The current Terms and Conditions are available on the Seller's website.
  3. The Seller reserves the right to change these Terms and Conditions without prior notice.