1. GENERAL PROVISIONS
1.1 These Terms and Conditions stipulate the rights and obligations in the purchase of goods in the TIMI E-Shop (hereinafter the “Terms and Conditions”) between the Seller, TIMI CREATION s.r.o., a company with its registered office at Morseova 1126/5, 301 00 Plzeň, Id. No.: 09121994, registered in the Commercial Register kept by Regional Court in Pilsen (Krajský soud v Plzni), C 39272/KSPL (hereinafter the “Seller”) and a person interested in purchasing goods.
1.2 The Seller offers its goods via an E-Shop at: store.timic.cz (hereinafter the “E-Shop”).
1.3 Contact details of the Seller are as follows:
Registered office and mailing address:
TIMI CREATION s.r.o.
Morseova 1126/5, Skvrňany,
Account number (EUR): 2401916959/2010
E-mail address for purchase orders and reports of defects:
E-mail address for questions regarding the protection of privacy:
1.4 Through the E-Shop, the Seller offers and sells products for infrared measurement primarily infrared cameras and special paints for non-contact temperature measurement (hereinafter the “Goods”).
1.5 These Terms and Conditions govern the mutual rights and obligations of the Seller and any person who enters into a Purchase Contract outside his business as a Buyer or within his business (hereinafter "Buyer")
1.6 A Purchase Contract is a contract concluded between the Seller and the Buyer (hereinafter the “Purchase Contract”).
1.7 These Terms and Conditions form an integral part of each Purchase Contract for the Goods between the Seller and the Buyer, where the contractual arrangements shall consist of these Terms and Conditions and the Buyer’s purchase order confirmed by the Seller.
1.8 The Buyer agrees with the use of means of distance communication concerning the execution of a Purchase Contract with the Seller (internet and telephone) and bears all costs of that.
1.9 These Terms and Conditions and the Purchase Contract are drawn in the English language.
2. CUSTOMER´S ACCOUNT
2.2 When registering in the Customer's account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the Customer's account in the event of any change. The data provided by the Buyer in the Customer's account and when ordering goods are considered correct by the Seller.
2.3 Access to the Customer's account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her Customer's account. The Seller is not responsible for any misuse of the Customer's account by third parties.
2.4 The Buyer is not entitled to allow the use of the Customer's account to third parties.
2.5 The Seller may cancel the Customer's account, especially if the Buyer no longer uses his Customer's account, or if the Buyer violates its obligations under the purchase agreement or these Terms and Conditions.
2.6. The Buyer acknowledges that the Customer's account may not be available around the clock, especially concerning the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
3. PURCHASE ORDER
3.1 Information on the Goods and their prices made available through the E-shop does not constitute a proposal for execution of a Purchase Contract by the Seller and is indicative only. All Buyer´s purchase orders are subject to approval by the E-shop.
3.2 The Buyer shall create a purchase order in several steps - the choice of the Goods and their quantity, placing the selected Goods in a shopping basket, filling in personal data and selecting the manner of payment and the delivery address.
3.3 After submitting the order, the Buyer is informed by e-mail about order acceptance. This confirmation is automatic and is not considered as the conclusion of a Purchase Contract. The transportation price of the Goods, including packaging, are not included in the purchase price of the Goods. The Buyer is informed about the transportation price as soon as the order is processed. In case the Seller provides the delivery of the Goods free of charge, this fact is expressly stated.
3.4 In case of delivery of goods outside the Czech Republic to any of the EU (or EEA) countries, the final price specified in the purchase order will be charged including the value-added tax (VAT), except for cases where the Buyer (VAT payer in the country of his/her/its registered office) provides us with information on its VAT registration including the applicable EU VAT number.
3.5 In the case of delivery of goods to a third country (outside the EU or the EEA), the prices of the goods are specified excluding VAT and other applicable taxes, fees and customs duties.
3.6 Payment can only be made in Euros (EUR).
3.7 The Purchase Contract for the Goods is made upon receipt of the payment.
3.8 If any of the requirements specified in the order cannot be met by the Seller, the Seller will send a revised offer to the Buyer's email address. The revised offer is considered a new draft of the Purchase Contract and in such a case the Purchase Contract is concluded by the Buyer's confirmation of acceptance of this offer to the Seller´s email address specified in these Terms and Conditions.
3.9 Links to the consolidated version of these Terms and Conditions are attached to the confirmation of the purchase order.
3.10 The Seller will issue an invoice to the Buyer. The invoice is sent to the Buyer's email address upon receipt of payment.
3.11 If a purchase order includes goods that are not in stock for immediate dispatch to the Buyer, the Seller will deliver the goods without undue delay when they are back in stock.
By submitting an order, the Buyer expresses his/her/its consent to these Terms and Conditions, which are also always available on the E-shop.
3.12 Based on the executed Purchase Contract, the Seller is obliged to deliver the Goods to the Buyer in the agreed manner in the corresponding quantity and quality. The Buyer is obliged to pay to the Seller the purchase price of the Goods and the costs of their delivery, as well as to take over the delivered Goods.
3.13 The Purchase Contract, including the Terms and Conditions, shall be archived in electronic form and shall not be accessible.
3.14 The Seller is not bound by any special codes of conduct in relation to the Buyer.
4. PRICE AND PAYMENT
4.1 The only payment method is a wire transfer to the Seller’s bank account.
4.2 Wire transfer to the Seller’s bank account is based on an e-mail with payment details.
4.3 If the method of transportation is contracted based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
4.4 If the Buyer fails to pay the purchase price of the Goods including the price of shipping within 14 business days of confirmation of the purchase order, such a delay will be considered as an order cancellation.
4.5 Based on payment of the purchase price of the Goods and any costs of delivery, the Seller shall issue to the Buyer a sales receipt or tax receipt which will be sent to the Buyer in the electronic form to the e-mail address specified in the purchase order.
5. MANNER OF DELIVERY
5.1 The Buyer is informed about the transportation cost when the order is processed.
5.2 The Buyer is obliged to take over the Goods at the place of delivery. This does not apply if the packaging of the Goods shows signs of damage corresponding to the unauthorized opening of the consignment containing the Goods.
5.3 If the Goods are delivered repeatedly or in a manner other than set out in the purchase order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs related to the repeated delivery or the costs related to the different manner of delivery.
5.4 The Buyer is obliged to inspect the Goods immediately after takeover of the Goods and notify the Seller of any defects without undue delay.
5.5 In the case of delivery of the Goods to third countries outside the EU, the Buyer is liable for all customs duties and fees associated with the delivery of the Goods, which the Buyer is obliged to pay at his/her/its own expense.
5.6 The risk of damage to a thing shall pass to the Buyer upon takeover.
6. WITHDRAWAL FROM THE CONTRACT
6.1 If the Seller is unable to deliver the Goods in due time due to temporary unavailability and the Buyer does not accept a later date of delivery, the Seller reserves the right to withdraw from the Purchase Contract. The Buyer may also withdraw from the Purchase Contract on the same grounds.
6.2 The Seller also reserves the right to withdraw from the Purchase Contract with the Buyer for serious objective reasons outside the Seller’s control, as a result of which the Seller will not be able to deliver the Goods under the relevant Purchase Contract without unreasonable difficulties or if the E-shop interface contains incorrect information on the price of the Goods.
6.3 The Seller may also withdraw from the Purchase Contract if the Buyer fails to take over the delivered Goods or fails to provide co-operation necessary for their delivery. In that case, the costs of delivery shall be borne by the Buyer.
6.4 The Buyer who has concluded a Purchase Contract outside his/her/its business as a Consumer has the right to withdraw from the Purchase Contract.
6.5 The Buyer may withdraw from the Purchase Contract within 14 days of the date of the takeover of the Goods by the Buyer without stating a reason.
6.6 Withdrawal from the Purchase Contract should be sent by the Buyer electronically to the Seller’s e-mail address specified in the E-shop interface.
6.7 If the Buyer as a Consumer withdraws from the Purchase Contract, the Buyer is obliged to return the Goods to the Seller not later than within 14 calendar days from the withdrawal. The costs of returning the goods to the Seller shall be borne by the Buyer, even if the Goods cannot be returned to the Seller by regular mail due to their nature. The risk of damage to the Goods during their transportation back to the Seller shall be borne by the Buyer.
6.8 The Buyer acknowledges that withdrawal from the Purchase Contract is not possible if the relevant goods were customized based on the Buyer’s wish or for the Buyer if the Goods have been irreversibly mixed or connected with other goods after their delivery.
6.9 The Buyer acknowledges that in case of withdrawal from the contract, the Buyer is liable to the Seller for any decrease in the value of the Goods that arose as a result of the disposal of the Goods in a manner other than necessary for the assessment of its nature and properties.
6.10 If the Buyer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller will reimburse the Buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
6.11 If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer's hands over the goods or proves that he sent the goods to the Seller.
6.12 The Buyer must return the goods to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer's right to a refund of the purchase price.
7. BUYER’S RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The Seller is responsible for ensuring that, at the time of passage of the risk of damage to the Buyer, the Goods are free of any defects.
7.2 If the Goods have defects that constitute a material breach of the Purchase Contract, the Buyer has the right to request the following:
(a) removal of the defect by having the Goods repaired;
(b) delivery of new or missing Goods;
(c) right to request an appropriate discount on the purchase price; or
(d) right to withdraw from the Purchase Contract.
If the Buyer fails to notify the Seller of the choice of its right in due time, the Buyer shall only have the rights specified below in case of non-material breach of the Purchase Contract. If the Buyer fails to notify the Seller of a defect of the Goods in due time, the Buyer loses the right to withdraw from the contract. If the Goods only have defects that constitute a non-material breach of the Purchase Contract, the Buyer has the right to claim remedy of the defect or a reasonable discount on the purchase price.
7.3 The Buyer may also request delivery of new goods free of defects unless this is unreasonable because of the nature of the defect. If the defect affects a part of the Goods, the Buyer may only request a replacement of the given part. If this is not possible, the Buyer may withdraw from the Purchase Contract. Even where a defect is removable, the Buyer may request to have new Goods delivered or a part replaced if he/she cannot use the Goods properly due to repeated occurrence of the defect after a repair or due to a higher number of defects. In that case, the Buyer may also withdraw from the Purchase Contract.
7.4 If a defect of the Goods becomes apparent within 6 months of its takeover, it shall be deemed that the Goods were already defective upon takeover. Furthermore, the Buyer is entitled to exercise the right arising from a defect of the Goods that becomes apparent within 24 months of their takeover; this shall not apply to a defect regarding which a lower price was agreed, usual wear and tear of the Goods, defect corresponding to the degree of wear and tear upon takeover by the Buyer, and also if this follows from the nature of the Goods.
7.5 A person having the right under Section 1923 of the Czech Civil Code is also entitled to compensation of the costs purposefully expended in exercising this right. However, if the person fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if the Seller invokes late assertion of the right to compensation.
8. CONTRACTUAL QUALITY WARRANTY
8.1 The contractual warranty terminates in the event of damage to the Goods caused by handling that is at variance with the instructions and recommendations contained in the official manuals and instructions, or by unauthorized modifications and alterations of their hardware or software. If the Goods are delivered in the form of individual components intended to be assembled by the Buyer, the contractual quality warranty shall apply only to the individual components and parts of the Goods separately
9. REPORT OF DEFECTS
9.1 The Buyer shall exercise his/her/its rights arising from defective performance with the Seller at the address of the establishment, or at the registered office or place of business of the Seller, except for cases where another person is appointed to perform the repair.
9.2 The Buyer is obliged to notify the Seller of the choice of its right concerning the defects of the Goods in conjunction with notification of the defects of the Goods or without undue delay after the notification thereof.
9.3 The Seller or an employee authorized by the Seller is obliged to decide on the report of defects immediately, or, in complicated cases, within 3 business days. This period does not include a time reasonable given the type of goods (Goods) which is required for expert assessment of the defect. A report of defects must then be resolved, including removal of the defect, without undue delay, but no later than within 30 days of the date of reporting the defects unless the Seller and the Buyer agree on a longer time. Expiry of this deadline to no effect shall be deemed a material breach of the Purchase Contract by the Seller.
10. OUT-OF-COURT RESOLUTION OF BUYER DISPUTES
10.1 In case of any Buyer dispute between the Buyer as a Buyer and the Seller, where the dispute cannot be resolved by mutual agreement, the Buyer may file an application for the out-of-court resolution of the dispute with an entity competent to deal with the out-of-court resolution of Buyer disputes, specifically: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz. The Buyer may also use the online dispute resolution platform established by the European Commission, which is available at: http://ec.europa.eu/Buyers/odr/.
11. PRIVACY PROTECTION
12. FINAL PROVISIONS
12.1 The Seller may amend or supplement the wording of these Terms and Conditions at any time; however, this shall in no way prejudice the rights and obligations arising during the term of effect of the previous wording hereof. In addition, the Seller may unilaterally amend the Terms and Conditions to a reasonable extent in respect of its long-term obligations following these Terms and Conditions. The Seller shall notify the Buyer of such changes to the Terms and Conditions at least 14 days before the effective date of the new Terms and Conditions by publishing the new wording in the E-shop interface or by sending a message to the Buyer’s e-mail address. The Buyer may reject such changes to the Terms and Conditions by deleting his/her/its user account. If the Buyer fails to do so or does not request it by the effective date of the amendment, it shall be deemed that the Buyer accepts the changes to the Terms and Conditions.
12.2 These Terms and Conditions shall be governed by the binding legal regulations of the Czech Republic, in particular, Act No. 89/2012 Coll., the Civil Code. Furthermore, the Buyer, who is a Buyer, acknowledges that the choice of law according to the preceding sentence shall not prejudice his/her Buyer rights that cannot be derogated from by agreement and that would be used in the absence of the choice of law under the provisions of Article 6 (1) of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3 Invalidity or ineffectiveness of a provision of these Terms and Conditions shall in no way prejudice the validity and effectiveness of other provisions.
12.4 The valid and effective version of these Terms and Conditions is always available at https://store.timic.cz/terms-and-conditions
12.5 This version of the Terms and Conditions is valid and effective from 01. 08. 2021 and replaces all previous versions of the General Terms and Conditions, including their other parts.
12.6 Contact details of the Seller are specified in the introduction to these Terms and Conditions.