Podmínky služby
I. – Introductory Provisions
These Terms of Service (hereinafter referred to as the “Terms”) govern the rights and obligations of the customer and Simastar, with its registered office at Ke Kotlářce 1146/12, Prague 5, Czech Republic (hereinafter the “seller” or “we”), arising from the use of the online store and related services. By accessing or using the services, the customer agrees to these Terms. Matters not expressly regulated herein are governed by the laws of the Czech Republic, especially Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
II. – Scope of Application
These Terms apply to all contracts for the sale of goods concluded through the online store operated by the seller. By placing an order, the customer confirms they have read, understood, and agreed to these Terms. The seller reserves the right to modify these Terms; however, changes will not affect rights and obligations from contracts concluded before the change.
III. – Contract Formation
A purchase contract is concluded when the seller confirms the customer’s order either by email or other written means. The customer must provide accurate and complete information during the ordering process. The seller reserves the right to refuse orders in cases such as stock unavailability, suspected fraud, or breach of these Terms.
IV. – Prices and Payment
All prices listed on the website are final and include applicable VAT unless stated otherwise. The seller reserves the right to change prices; however, the price applicable at the time of order confirmation applies. Payment can be made by methods offered on the website (e.g., credit card, bank transfer, cash on delivery). The seller is not responsible for payment processing delays caused by third parties.
V. – Delivery and Shipping
The seller undertakes to deliver goods within the estimated delivery time stated on the website or confirmed in the order. Delivery is carried out to the address specified by the customer. Risk of damage or loss passes to the customer upon handover to the carrier or upon delivery. The seller is not liable for delays caused by circumstances beyond their control (e.g., transport disruptions, force majeure).
VI. – Withdrawal from Contract
The customer, if acting as a consumer, has the right to withdraw from the purchase contract without giving any reason within 14 calendar days from the date of receipt of the goods. To exercise this right, the customer must notify the seller in writing (e.g., email) within the deadline. The customer bears the direct cost of returning the goods unless otherwise agreed.
Returned goods must be in their original condition, undamaged, unused except for inspecting the item, and complete with all accessories and packaging. Refunds are made within 14 days after the seller receives the returned goods or proof of shipment.
VII. – Complaints and Warranty
The seller is responsible for defects in goods in accordance with applicable law. The warranty period is 24 months from the date of delivery (12 months for used goods). Complaints must be submitted without undue delay upon discovery of the defect.
The customer may request repair, replacement, or refund depending on the nature of the defect. The seller will handle complaints promptly and provide written confirmation of the complaint resolution. Details about the complaint process are described in the seller’s Return and Refund Policy.
VIII. – Customer Obligations
The customer agrees to provide truthful information and comply with all terms related to the use of the services. The customer must not use the online store or purchased goods for illegal or unethical purposes.
IX. – Limitation of Liability
The seller is liable only for damages caused by intent or gross negligence. The seller excludes liability for indirect or consequential damages, including lost profits. Liability is limited to the amount paid for the goods.
X. – Intellectual Property
All content, trademarks, logos, graphics, and other materials on the website are the property of the seller or its licensors. The customer may not copy, reproduce, or use any content without the seller’s prior written consent.
XI. – Governing Law and Dispute Resolution
These Terms are governed by Czech law. Any disputes arising from the use of the services or contracts concluded under these Terms shall be resolved primarily by mutual agreement. If no agreement is reached, disputes fall under the jurisdiction of the Czech courts.
Consumers have the right to seek out-of-court dispute resolution through the relevant consumer protection authorities (e.g., www.vasestiznosti.cz).
XII. – Final Provisions
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain fully effective. The seller’s failure to enforce any provision does not constitute a waiver of that provision.
These Terms come into effect on the date of publication on the website and supersede any previous versions.