Terms and Conditions

CONTENTS

I. BASIC PROVISIONS
II. PURCHASE IN THE ONLINE SHOP
III PURCHASE OUTSIDE THE ONLINE SHOP
IV. GENERAL PROVISIONS FOR ORDERING GOODS
V. DELIVERY OF GOODS
VI. PRICE AND PAYMENT TERMS AND CONDITIONS
VII. DEFECTIVE PERFORMANCE, COMPLAINTS
VIII. WITHDRAWAL FROM THE PURCHASE CONTRACT
IX. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER - CONSUMER UNDER THE PROVISIONS OF SECTION 1829 CC
X. PRIVACY POLICY
XI. RESOLUTION OF DISPUTES
XII. EVIDENCE OF TRADE
XIII. FINAL PROVISIONS

1.  Basic provisions

1.1.  Definition of terms

These Terms and Conditions use terms with the following meanings:

CC, Civil Code	Act no. 89/2012 Coll., of the Civil Code, as amended.
Terms and Conditions	These Terms and Conditions as amended.
Complaints Procedure	The Complaints Procedure of the company PUMPA,a.s. as amended.
Privacy Policy	The Privacy Policy of the company PUMPA,a.s. as amended.
PUMPA , Seller	The company PUMPA,a.s., Business ID No. 25518399, with registered address at U Svitavy 54/1, Černovice, 618 00 Brno, Czech Republic listed in the Commercial Register kept at the Regional Court in Brno under file number B 2555.
E-shop	An internet shop operated by the Seller, located on the website www.pumpa.eu/en
Buyer	A person who places an order for goods and thus enters into a Purchase Contract with the Seller. The Buyer may be a Consumer or another person, in particular an Entrepreneur.
Entrepreneur	A person who independently carries out, on his/her own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit and who concludes the Purchase Contract in connection with this activity. If a person provides his/her Business ID number or tax ID number in the registration or when concluding the Purchase Contract, the Terms and Conditions for Entrepreneurs shall apply, unless the person proves that he/she is acting without connection to the exercise of his/her gainful activity. The rules for the Entrepreneur also apply if another person acts on behalf of or in the name of the Entrepreneur.
Consumer	A person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes the Purchase Contract with the Seller or otherwise deals with him/her.
Contracting Parties	The Seller and Buyer together.
Purchase Contract	Purchase Contract concluded between the Parties.

1.2.  Subject of Terms and Conditions

The Terms and Conditions regulate in particular the mutual rights and obligations of the Parties arising from the Purchase Contract and within the pre-contractual negotiations on conclusion of the Purchase Contract. The Terms and Conditions also apply to the regulation of the relationship between PUMPA and the online shop user when registering on the online shop and using a customer account. 

1.3.  Contact details

Seller’s contact details:  

E-mail: Info.en@pumpa.eu
Shop:  U Svitavy 1, 618 00 Brno, Czech Republic

Contact details are also listed in the online shop in the section Contacts.  

1.4. Possibility of purchase.

The Buyer may purchase goods (conclude the Purchase Contract) through the e-shop in accordance with the procedure described in Article II of the Terms and Conditions or outside the online shop in accordance with the procedure described in Article III of the Terms and Conditions. All goods which are listed in the online shop cannot be ordered through the online shop. Such goods may only be ordered in accordance with the procedure set out in Article III of the Terms and Conditions; the provisions of Article II of the Terms and Conditions shall not apply in such a case. The other provisions (i.e. Article I and Article IV et seq. of the Terms and Conditions) shall apply to all orders, regardless of whether they are placed through the online shop or not.

1.5. Contents of the Purchase Contract.

The Terms and Conditions are a part of all Purchase contracts, including the Complaints Procedure and the Privacy Policy, which together form an Annex to and an integral part of the Terms and Conditions. The Terms and Conditions also include a sample form for the Consumer's withdrawal from the contract pursuant to Section 1829 of the Civil Code. Provisions in the Purchase Contract that deviate from the Terms and Conditions or the Complaints Procedure shall prevail over the provisions of the Terms and Conditions or the Complaints Procedure. If the Buyer has concluded a framework purchase agreement with the Seller for the supply of goods, in such case the Purchase Contract is a partial purchase contract concluded on the basis of the framework purchase agreement. The provisions of the Framework Purchase Agreement take precedence over any deviating provisions of the Terms and Conditions or the Complaints Procedure (e.g., but not exclusively, the provisions of paragraphs 5.3, 5.4, 5.6, 8.3, 8.4 of the Terms and Conditions do not apply). However, this does not apply to the provisions of paragraphs 2.5, 2.6, 4.2, 4.4 and 6.1 of the Terms and Conditions. These provisions of the Terms and Conditions, even if they deviate from the Framework Purchase Agreement, take precedence over the deviating provisions of the Framework Purchase Agreement. 

1.6. Form, language and archiving of the Purchase Contract.

The Purchase Contract shall be concluded in written form; an electronic version is permitted. The Contract can only be concluded in English or Czech language. The contractual documentation will be archived in the Seller's records and the Seller will provide information about it to the Buyer at the Buyer's request. The Buyer will have the contract documentation available in e-mail communication with the Seller. If the Buyer places an order on the online shop via his/her customer account, he/she will also have access to the order and the related documents via his/her customer account in which it will be stored.

1.7.  Consent to the Terms and Conditions.

Before completing the order (concluding the Purchase Contract) the Buyer expressly confirms that he/she has read the Terms and Conditions, the Complaints Procedure and the Privacy Policy, agrees with them and is ware that they become part of the Purchase Contract. 

1.8.  Binding information.

The data provided in the online shop and in the documents available in the e-shop (catalogues of goods, price lists, etc.), in particular the data on the goods, their characteristics and price, etc., are valid and binding, except for obviously erroneous data and data on the availability of goods along with images. Data on the availability of goods, including expected delivery dates, are only of an indicative nature and are not binding for the Seller. The images of the goods are for illustrative purposes only and may not correspond to the actual form of the goods. 

1.9.  Costs of using means of remote communication

Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself/herself, while these costs do not differ from the basic rate. 

1.10.  Availability in the online shop. 

The Seller is not responsible for the continuous availability of the e-shop and services associated with it (e.g. customer account), especially with regard to the need for maintenance of hardware and software equipment of the Seller or third parties.

2. Purchase in the online shop

2.1. Option to register

Users can register in the online shop and create a customer account. Through the customer account, the Buyer can, in particular, place orders in the online shop and access the history of orders placed in the online shop through the customer account. Terms and conditions for use of the customer account are stated in the Privacy Policy. It is also possible to place an order in the online shop without registering. However, the possibility of purchasing certain goods may be subject to the need to log into a customer account or other conditions (e.g. registration under a Business ID number).

2.2. Choosing goods.

The Buyer selects the goods to be ordered by placing the required quantity of the selected goods in the cart By placing the goods in the cart, the Buyer does not make a binding order and the Buyer can remove the goods from the cart at any time before placing the order. A Buyer who is not logged into a customer account and a Buyer who is logged into a customer account, but is not registered under a Business ID number (IČO), can only add to the cart and order through the online shop goods that are currently available in stock.  A Buyer who is registered under a Business ID number may, after logging into his/her customer account, add to the cart and order goods that are not currently available in stock (they will be marked "ON DEMAND" or similar). 

2.3. Entering the order.

After inserting the desired goods into the cart, the Buyer enters his/her personal data into the order (mandatory fields marked with an asterisk), the Buyer logged into the customer account will have the data recorded in his/her customer account already entered into the order. The Buyer is responsible for the accuracy of his/her personal data stated in the order or provided to the Seller in connection with the conclusion of the Purchase Contract and the performance of obligations under it. When completing the order, the Buyer selects the method of payment and delivery of the goods. The Buyer also has the opportunity to provide any comments on the order before sending it. In the next step, the Buyer has the opportunity to check the data filled in the order in the order overview and correct the data, if necessary, before sending it. After checking the data, the Buyer clicks on the "SEND THE ORDER" button to send the order to the Seller, thereby making a binding order.

2.4. Order breakdown. 

The Buyer, who is registered under a Business ID number and orders goods through a customer account, has the option, if he/she wishes to order both goods that are in stock and goods that are not in stock, and to choose before sending the order whether he/she wishes to split the order or whether to wait for a complete delivery, i.e., all the goods being delivered together. If the option to split the order is chosen, the goods will be delivered sequentially according to stock availability. If the option to wait for a complete delivery is chosen, all the goods will be delivered to him/her at once, but only when the Seller has all the goods ordered by the Buyer in stock. 

2.5. Conclusion of the Purchase Contract.

By displaying the goods in the online shop, the Seller makes a proposal to conclude a Purchase Contract for the displayed goods via the online shop subject to the exhaustion of stocks or loss of the Seller's capacity to perform. By sending the order, the Buyer accepts the Seller's offer within the scope of the ordered goods, from which he/she cannot deviate (if he/she deviates, the procedure is according to Article III, paragraph 3.4 of the Terms and Conditions). The Purchase Contract is concluded at the moment of delivery of the order to the Seller.

2.6. Order confirmation.

The Seller shall confirm to the Buyer that it has accepted the Buyer's order by e-mail with a summary of the order sent to the e-mail address specified in the order. The Buyer acknowledges that the e-mail confirming receipt of the order is generated automatically and therefore does not confirm the accuracy of the details of the ordered goods, including their price. If the Buyer chooses the method of payment by electronic transfer to the Seller's account (advance invoice), an invoice will be sent in a further e-mail. 

3. Purchase outside the online shop.

3.1. Inability to purchase via online shop.

In some cases, it is not possible to order goods or conclude a Purchase Contract via the online shop, although the goods may be listed in the online shop. This concerns the following cases:
a) goods for which the online shop indicates that they cannot be ordered via the online shop (they will usually be marked "Not available online");
b) goods that are not available in stock at the time, with the exception stated in paragraph 2.2;
c) if the Buyer has requirements deviating from the Seller's offer listed in the online shop;
d) inquiry;
e) ordering by means of remote communication other than through the online shop;
f) other cases specified in the Terms and Conditions or on the Seller's website.

3.2. Purchase of goods not sold online.

In case of interest in the purchase of such goods, the Buyer may contact the Seller by e-mail at info.en@pumpa.eu and agree with the Seller individually on the conclusion of the Purchase Contract. 

3.3. Purchase of goods which are not in stock. 

In case of interest in such goods, the Buyer can click on the "CHECK AVAILABILITY" button to send an inquiry to the Seller about the availability of the goods. In response to such an enquiry, the Seller may submit a quotation to the Buyer on the basis of which they may enter into a Purchase Contract for the supply of such goods. 

3.4. Deviations from the Seller's offer in the online shop. 

The Buyer cannot deviate from the Seller's offer published in the online shop. If the Seller receives an order with any addition or deviation from the Seller's offer (e.g. a request for goods other than those offered on the online shop or other characteristics of the goods than those listed on the online shop), the submission of the order to the Seller does not lead to the conclusion of a Purchase Contract. Such an order is merely the Buyer's request for the goods in question. 

3.5. Inquiry.

By sending an inquiry form (general pump inquiry, borehole/well pump inquiry, pump replacement, spare parts inquiry etc.) available on the Seller’s website in the section Pump selection guide the Buyer does not make a binding order and a Purchase Contract is not concluded. It is a non-binding invitation from the Buyer for the Seller to submit an offer.

3.6. Order by other technical means.

The procedure under this article shall always apply in the case of orders made by technical means other than directly through the online shop in accordance with Article II of the Terms and Conditions, i.e. by e-mail, telephone, letter, etc., even in the case of goods that can be ordered through the online shop.

3.7. Conclusion of the Purchase Contract.

Based on the relevant initiative (question, inquiry, etc.) from the Buyer, the Seller shall discuss with the Buyer the possibility of concluding the Purchase Contract and the Seller shall submit a proposal for concluding the Purchase Contract (offer) to the Buyer. The offer can only be accepted after unconditional acceptance by the Buyer. Acceptance of an offer with an amendment or deviation is not an acceptance of the offer, but a counter-offer, which is the same as an order with deviations according to paragraph 3.4 of the Terms and Conditions. The Purchase Contract is concluded at the moment when the acceptance of the offer by the Buyer is delivered (e.g. by e-mail, telephone, letter, etc.) to the Seller.

4. General provisions for ordering goods

4.1. Exclusion of installation.

The Seller's offer does not include assembly or other installation or commissioning of the goods. This is without prejudice to the possibility of negotiating this service separately.

4.2. An order with obviously incorrect data.

If the Buyer orders goods with obviously incorrect information (especially about the price, characteristics of the goods, e.g. dimensions, materials, functions, etc. or accessories of the goods), the Purchase Contract shall not be deemed as concluded by submitting the order. In such case, the order will be considered as an inquiry from the Buyer. The Seller shall notify the Buyer of the erroneous information as well as the fact that the Purchase Contract has not been concluded, and shall endeavour to discuss with the Buyer the possibility of concluding a Purchase Contract for the goods requested by the Buyer. 

4.3. Correction of data after the order is sent.

If, after sending the order, the Buyer discovers an error in the data entered, he/she is obliged to immediately notify the Seller both of this error and the correct data.

4.4. Elimination of doubts about the correctness of the order.

In the event of any doubts on the part of the Seller about the accuracy of the order, the Seller reserves the right to ask the Buyer for additional confirmation of the order in order to prevent errors in the conclusion and performance of the Purchase Contract as well as to minimize the risk of any disputes. In such a case, the Seller is not obliged to fulfil the order until the correctness of the order is confirmed or where appropriate documented by the Buyer. The Seller is entitled to do so at its discretion, in particular in the case of:
a) obviously incorrect Buyer data;
b) an unusually large quantity of goods ordered; 
c) an unusually large price of goods ordered;
d) doubts about the mutual compatibility of the ordered goods. However, the Seller is not obliged to examine the compatibility of the ordered goods;
e) doubts as to whether the person who acts for the Buyer when concluding the Purchase Contract (creating the order) is authorized to act on behalf of and in the name of the Buyer.

5. Delivery of goods

5.1. Method of delivery.

The Seller only delivers goods to addresses in the Czech Republic. The Buyer can choose from the delivery methods listed on the Seller's website in the section Shopping at pumpa.eu  - Delivery and payment. The Buyer acknowledges that not all delivery methods listed may be provided for every item, particularly due to size or weight. The Seller shall have the right to unilaterally change the carrier chosen by the Buyer and shall notify the Buyer of such change. Such a change will not mean higher delivery costs for the Buyer. In the case of a purchase outside the online shop, the Parties shall agree on the method of delivery of the goods before the conclusion of the Purchase Contract.

If the Buyer is interested in delivery of goods outside the Czech Republic, it is necessary to contact the Seller at the e-mail address info.en@pumpa.eu. In this case, the provisions of paragraph 3.7 of the Terms and Conditions shall apply. 

5.2. Delivery costs.

The delivery cost shall be borne by the Buyer and paid together with the price of the goods. Personal pick up is free, other delivery methods are charged. The amount of the delivery costs depends on the chosen delivery method and may be influenced by the quantity, dimensions and weight of the ordered goods. The costs of the different delivery methods are listed on the Seller's website in the section Delivery and payment. The Buyer will be informed of the specific cost of delivery by the chosen method before the order is sent. 

5.3. Preparation for delivery of goods.

The Seller shall deliver the goods to the Buyer after the Buyer has paid the price of the goods and the cost of delivery, or the deposit (in the case under paragraph 6.4 of the Terms and Conditions), unless the Parties agree otherwise. The delivery time depends on the current availability of the goods and the chosen delivery method. The Seller shall prepare the goods, which are in its warehouse at the time of delivery of the order, for delivery in the manner chosen by the Buyer, usually within 10 (ten) days from the date of conclusion of the Purchase Contract (in the case of payment during personal pick up or cash on delivery), or within 10 (ten) days after the payment of the price of the goods and the cost of delivery, or the payment of the deposit is credited to the Seller's account (in the case of other payment methods). Goods that the Seller does not have in stock at the time of delivery of the order will be ready for delivery to the Buyer generally within 10 (ten) days after they are delivered to the Seller from its supplier. If a delivery time is indicated on the online shop for the goods in question, it is an indicative, non-binding time within which such goods will usually be in stock and available to be sent. The delivery time for non-stock goods depends on the time when the goods will be delivered to the Seller by its supplier and may be extended. The Buyer will be informed of any such extension.

5.4. Receipt of goods and their inspection.

The Buyer is obliged to take delivery of the goods. In case of personal pick up, the Buyer is obliged to take receipt of the goods within 5 (five) working days from the day when the Seller was informed that the goods are ready for personal pick up. Upon receipt, the Buyer, who is not a Consumer, is obliged to immediately inspect the goods, in particular whether they have no obvious defects or whether they are not damaged or show signs of damage (e.g. damaged packaging). The Buyer, who is not a Consumer, shall exercise the rights arising as a result of damage to the goods during transport himself/herself with the carrier. The Buyer - Consumer shall immediately contact the Seller, who shall be informed of the damage so that the Seller may exercise its rights with the carrier. 

5.5. Costs in the event that delivery of the goods is delayed.

If for reasons on the Buyer's side the goods are not delivered on the agreed date, the Buyer is obliged to reimburse the Seller for the costs incurred for this reason, in particular the costs of storage and re-delivery of the goods.

5.6. Risk of damage to goods.

The risk of damage to the goods passes to the Buyer - Consumer upon receipt of the goods. The risk of damage to the goods passes to the Buyer upon receipt of the goods, or upon handing over the goods to the first carrier to transport the goods to their destination, if a delivery method other than personal pick up has been agreed.

5.7. Postponement or suspension of performance.

If the Buyer fails to settle, even partially, its debt to the Seller in due and timely manner from any contract concluded with the Seller, the Seller has the right to postpone or suspend the performance of the Purchase Contract. The Seller shall continue or resume performance after the Buyer has settled the debt to the Seller in its entirety. The Buyer is not entitled to make any claims against the Seller due to the postponement or suspension of performance. The Seller shall notify the Buyer of the postponement or suspension of performance.

6. Price and Payment Terms and Conditions

6.1. Price of goods.

The prices of the goods in the online shop are listed in Euros (€) including VAT and any additional charges, but do not include the cost of delivery or assembly of the goods. A Buyer registered under a Business ID number will be shown prices without VAT after logging into the customer account. If the price of the goods is not indicated in the online shop, as well as in the case of purchases outside the online shop, the price will be communicated directly to the Buyer in response to the Buyer's inquiry. If the goods are subject to a recycling fee, this is already included in the final price of the goods. If the price of the goods stated is not a whole number and the Buyer does not choose cashless payment, the resulting purchase price will be rounded to the nearest valid denomination of the relevant currency.

6.2 Method of payment.

The payment methods that the Buyer is entitled to choose in the online shop to pay the price for the goods and delivery costs are listed on the Seller's website in the section Shopping at pumpa.eu - Delivery and payment. Payments made through the payment gateway are technically provided by the ComGate payment gateway operated by the company ComGate Payments, a.s., Business ID No.: 27924505. (https://www.comgate.cz/).  In the event of any questions or complaints regarding these payments, it is therefore necessary for the Buyer to contact the aforementioned payment gateway operator directly. The Buyer - Consumer may also contact the Seller with a question or complaint, who will then contact the payment gateway operator.
In the case of a purchase outside the online shop, the Parties shall agree on the method of payment before the conclusion of the Purchase Contract. 

6.3. Costs associated with payment. 

Any costs associated with payment are borne by the Buyer. Payment by cash on delivery is charged, the amount of the fee is listed on the Seller's website in the section Shopping at pumpa.eu - Delivery and payment. For other payment methods, the Seller does not charge any payment fees. This is without prejudice to the Buyer's liability to third parties (e.g. bank, credit card provider, etc.) to pay the costs associated with payment.

6.4. Bank transfer (advance payment).

If the Buyer chooses the method of payment by transfer to the Seller's account (advance invoice), the Seller will issue an advance invoice for the price of the goods and the cost of delivery of the goods together after the conclusion of the Purchase Contract, which will not be classed as a tax document and which will be sent to the Buyer. Payment details will be provided on the advance invoice. On the basis of this advance invoice, the Buyer shall pay the Seller an advance payment in the amount of the price of the goods and the cost of delivery of the goods. The due date of the advance payment will be 5 (five) days from the date of placing the order. After payment, the goods will be delivered to the Buyer. Upon delivery of the goods to the Buyer, the Seller will then issue an invoice for the price of the goods and the cost of delivery of the goods, which will be classed as a tax document, with the already paid deposit counted. The Buyer will thus only be obliged to pay any additional difference if the amount invoiced by the invoice is higher than the amount invoiced by the advance invoice (e.g. due to the costs of storage of the goods or the re-delivery of the goods if the Buyer fails to deliver the goods the first time for reasons on his/her side). The due date of payment of this difference will be 5 (five) days from the date of delivery of the invoice to the Buyer. 

6.5. Reservation of ownership.

The Buyer acquires ownership of the goods only after full payment of the price of the goods and the cost of delivery.

7. Defective performance, complaints

7.1. Complaints Procedure.

The rights and obligations arising from defective performance, as well as the conditions and details of notification of defects (complaints), exercise of rights arising from defective performance and handling of complaints are regulated in the Complaints Procedure, which is an Annex to the Terms and Conditions, available here.

8. Withdrawal from the Purchase Contract

8.1. Subject of civil law. 

The provisions of this article regulate the withdrawal from the Purchase Contract by the Buyer and the Seller, in particular the reasons and form of withdrawal, return of performance, etc. These provisions shall apply to the withdrawal from the Purchase Contract in all cases under the CC and the Purchase Contract, respectively the Terms and Conditions and the Complaints Procedure, except for the withdrawal of the Buyer - Consumer within 14 (fourteen) days from the date of receipt of the goods in accordance with the provisions of Section 1829 of the CC. Withdrawal is regulated separately in Article IX of the Terms and Conditions.

8.2. Withdrawal of the Buyer. 

The Buyer is entitled to withdraw from the Purchase Contract for the reasons set out in the CC or the Purchase Contract, or the Terms and Conditions and the Complaints Procedure. 

8.3. Order cancellation by the Buyer. 

The Buyer is entitled to withdraw from the Purchase Contract (cancel the order) without giving a reason, but only until the moment when the Seller is informed that the goods have been handed over for transport, or that the goods are ready for personal pick up at the Seller's shop. The withdrawal from the Purchase Contract must be delivered to the Seller by that time.

8.4. Withdrawal of the Seller.

The Seller is entitled to withdraw from the Purchase Contract without giving any reason until the Buyer takes receipt of the goods. The Seller is also entitled to withdraw from the Purchase Contract in the event that the Buyer materially breaches the Purchase Contract, as well as in other cases provided for by the CC and the Purchase Contract, such as the Terms and Conditions and the Complaints Procedure. The Seller is entitled to withdraw from the Purchase Contract in particular (but not exclusively) if:
a) the Buyer fails to pay the price of the goods including the cost of delivery of the goods by the due date and in the manner specified in the Purchase Contract;
b) the Buyer fails to take delivery of the goods at the time and in the manner agreed in the Purchase Contract;
c) the goods cannot be delivered within a reasonable period of time, even if they are listed on the online shop as available in stock (e.g. if the goods have been withdrawn from circulation, ceased to be produced, in case of extension or failure of delivery of goods by the Seller's suppliers, the offer of goods has been suspended or terminated by the Seller, etc., regardless of the fact that the Seller has not reacted to this fact by changing the information on the availability of goods);
d) there has been a significant change in the price of delivery of the goods or associated costs since the conclusion of the Purchase Contract;
f) the Buyer does not confirm or supplement the accuracy of the order even within 14 (fourteen) days from the date of receipt of the Seller's request pursuant to paragraph 4.4 of the Terms and Conditions; 
g) the Buyer is in default in payment of the purchase price or acceptance of the goods from an earlier Purchase Contract concluded with the Seller;
h) the Buyer is registered as an unreliable VAT payer or as an unreliable person or is a tax debtor;
i) if the Buyer specifies a delivery address outside the Czech Republic in the order; if the Buyer does not specify a delivery address different from the billing address, the billing address shall be deemed to be the delivery address. 

8.5. Buyer's withdrawal procedure.

The Buyer may send the withdrawal from the Purchase Contract to the Seller in paper form to the address PUMPA,a.s., U Svitavy 1, 618 00 Brno, Czech Republic or electronically to the e-mail info.en@pumpa.eu. The Buyer - Entrepreneur must make the withdrawal in writing.

8.6. Consequences of withdrawal.

Withdrawal is effective immediately on its delivery to the other Party. Withdrawal from the Purchase Contract by any of the Parties shall result in termination of the Purchase Contract and the Parties shall be obliged to return the performance provided under the Purchase Contract 

8.7. Return of goods to the Seller.

After withdrawing from the Purchase Contract, the Buyer shall return the goods received from the Seller under the Purchase Contract without undue delay. The Buyer is obliged to return the goods including all supplied accessories.  The Buyer is obliged to secure the returned goods so that they are not damaged in transit. The costs of returning the goods shall be borne by the Buyer, however, in cases provided for in the Complaints Procedure, the Buyer may claim the right to reimbursement. The Seller is not obliged to accept the goods sent to it via cash on delivery and if the Seller accepts the goods, it is entitled to reimbursement of the costs associated with the payment of the cash on delivery fee.

8.8. Return of funds to the Buyer.

The Seller shall return to the Buyer the funds received from the Buyer under the Purchase Contract (the price of the goods and the cost of delivery of the goods to the Buyer), by electronic transfer to the account from which the funds were received from the Buyer or to which the Buyer communicates to the Seller for this purpose. The Seller is not obliged to return the received funds to the Buyer before the goods are returned by the Buyer. 

8.9. Obligation to return any gift or bonus provided with the purchase.

If the Seller provides the Buyer with a gift or any bonus together with the goods, the contract for the provision of the gift or bonus between the Parties is concluded with the condition that if there is a withdrawal from the Purchase Contract by any of the Parties, the contract regarding such a gift or bonus ceases to be effective and the Buyer is obliged to return the provided gift or bonus together with the goods to the Seller. If the Buyer cannot return the gift or bonus to the Seller, he/she is obliged to compensate the Seller its monetary value. The Buyer's obligation under this provision does not apply to gifts or bonuses up to a value of €4.

9. Withdrawal from the Purchase Contract by the Buyer - Consumer according to the provisions of Section 1829 of the CC

9.1. Self-sufficiency of governance. 

The provisions of this Article of the Terms and Conditions govern exclusively and to the full extent the withdrawal from the Purchase Contract by the Buyer - Consumer without giving any reason according to the provisions of Section 1829 of the CC.

9.2. Withdrawal of the Buyer - Consumer without giving any reason.

The Buyer - Consumer is entitled to withdraw from the Purchase Contract without giving any reason within 14 (fourteen) days from the date of receipt of the goods in accordance with the provisions of Section 1829 of the CC. The deadline will be maintained if the Buyer - Consumer sends a notice of withdrawal from the Purchase Contract to the Seller within that period. The Buyer - Consumer is entitled to withdraw from the Purchase Contract using the sample form which is an Annex to the Terms and Conditions. 

9.3. Impossibility of withdrawal. 

The Buyer - Consumer cannot withdraw from the Purchase Contract in cases under the provisions of Section 1837 of the CC. Considering the subject of the Seller's activity and the range of products offered by the Seller, these are mainly cases of Purchase Contracts for goods that:
a) have been modified according to the wishes of the Buyer - Consumer or for his/her person;
b) are perishable;
c) have been irretrievably mixed with other goods;
d) have been delivered in a sealed package from which the Buyer - Consumer has removed the goods, and for hygienic reasons cannot be returned.

9.4. Withdrawal procedure.

Withdrawal from the Purchase Contract pursuant to paragraph 9.2 of the Terms and Conditions may be sent by the Buyer - Consumer in paper form to the address U Svitavy 1, 618 00 Brno, Czech Republic or in electronic form to the e-mail info.en@pumpa.eu

9.5. Consequences of withdrawal.

Withdrawal from the Purchase Contract by any of the Parties shall result in termination of the Purchase Contract and the Parties shall be obliged to return the performance provided under the Purchase Contract 

9.6. Return of goods to the Seller.

If the Buyer - Consumer withdraws from the Purchase Contract pursuant to paragraph 9.2 of the Terms and Conditions, he/she shall send or hand over the ordered goods to the Seller without undue delay, but no later than 14 (fourteen) days after withdrawal from the Purchase Contract. The Buyer - Consumer is obliged to secure the returned goods so that they are not damaged in transit. The Buyer - Consumer shall return the goods including any supplied accessories, without signs of use and undamaged. Failure to do so does not deprive him/her of the right to withdrawal, but the Seller is entitled to compensation for the reduction in the value of the goods, or to compensation for damages.

9.7. Costs associated with the return of goods.

The Buyer - Consumer bears all costs associated with the return of the goods to the Seller in the event of withdrawal from the contract under paragraph 9.2 of the Terms and Conditions, even if the goods cannot be returned by the usual (postal) way due to their nature. The Seller is not obliged to accept the goods sent to it via cash on delivery and if the Seller accepts the goods, it is entitled to reimbursement of the costs associated with the payment of the cash on delivery fee. If the goods cannot be returned by the usual postal method due to their nature, the estimated cost of return is deemed to be €10. If the Buyer - Consumer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller shall reimburse the Buyer - Consumer the cost of delivery of goods in the amount corresponding to the cheapest method of delivery offered.

9.8. Return of funds to the Buyer - Consumer.

The Seller shall return to the Buyer - Consumer within 14 (fourteen) days of withdrawal from the Purchase Contract all funds, including the cost of delivery which the Seller received from the Buyer - Consumer on the basis of the Purchase Contract, in the same way. The Seller may return the funds received to the Buyer - Consumer in another way only if the Buyer - Consumer agrees and if no additional costs are incurred. The Seller is not obliged to return the received funds to the Buyer - Consumer before the Buyer - Consumer hands over the goods or proves that he/she has sent the goods back to the Seller. 

9.9. Reduction in value of goods.

The Buyer - Consumer shall be liable for any reduction in the value of the goods resulting from the handling of the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. 

9.10. Obligation to return any gift or bonus provided with the purchase.

The provisions of paragraph 8.9 of the Terms and Conditions shall also apply in the event of withdrawal of the Buyer - Consumer from the Purchase Contract.

10. Privacy Policy

10.1. Compliance with legislation.

The Seller declares that the handling of personal data of natural persons is in accordance with valid and effective legal regulations.

10.2. Personal data processing policy.

Details and information about the processing of personal data by the Seller are described in the Personal Data Processing Policy (Privacy Policy) available here.  

11. Resolution of disputes.

11.1. Dispute resolution in court. 

The courts of the Czech Republic shall have jurisdiction to resolve disputes between the Parties arising out of or in connection with the use of the online shop and the Purchase Contract (including disputes relating to pre-contractual negotiations, the conclusion of the Purchase Contract and its validity). This is without prejudice to the special provisions on jurisdiction in consumer contracts under Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. In the event that a dispute arises between PUMPA and the Entrepreneur, the local jurisdiction to resolve such dispute shall be the Municipal Court in Brno if the matter is to be resolved in the first instance by a district court, or the Regional Court in Brno if the matter is to be resolved in the first instance by a regional court. 

11.2. Out-of-court dispute settlement with the Consumer.

If a dispute arises between the Seller and the Consumer from the use of the online shop or the Purchase Contract or in connection with it, which cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
The Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Praha 2
E-mail: adr@coi.cz
Web: adr.coi.cz

The Buyer - Consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr .

11.3. Consumer complaints to supervisory authorities.

The Consumer has the possibility to address his/her complaints to the state supervisory authorities. The Czech Trade Inspection Authority supervises compliance with the Consumer Protection Act to the extent provided for by law, and the Office for Personal Data Protection supervises the processing of personal data. 

12. Evidence of trade

12.1. EET

According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator immediately online; and in case of technical failure, within 48 hours at the latest.

13. Final Provisions

13.1. Legal regime.

All legal relations arising between the Seller and the Buyer from the Purchase Contract (including, for example, legal relations from defective performance or from the quality guarantee) are governed by the laws of the Czech Republic, in particular the provisions of the Civil Code. The UN Convention on Contracts for the International Sale of Goods does not apply. In the case of the Consumer, the rules applicable to the Consumer are taken into account, not only under the Civil Code, but also under Act No. 634/1992 Coll., on Consumer Protection, as amended and in force.

13.2. Code of Conduct.

The Seller states that it is not obliged to comply with a code of conduct within the meaning of Section 1826 paragraph 1e) of the CC.

13.3. Change of Terms and Conditions.

The Seller has the right to change the Terms and Conditions at any time. However, relations arising prior to the effective date of the amendment to the Terms and Conditions shall continue to be governed by the Terms and Conditions as in force on the date on which such relations arose, unless the Parties agree otherwise.

13.4. References in the Terms and Conditions.

If a reference in the Terms and Conditions to another provision of the Terms and Conditions is incorrect, such a reference shall be deemed as being to the provision of the Terms and Conditions which most closely corresponds to the meaning of the reference made. 

13.5. Availability in the online shop.

The Terms and Conditions, including Annexes, the Complaints Policy and the Privacy Policy, are listed in the online shop.

13.6. Validity and effectiveness of the Terms and Conditions.

These Terms and Conditions come into force and effect on 28.11.2022.


PUMPA,a.s.
Seller and online shop operator 

Terms and Conditions Download, valid from 28.11.2022 (PDF , 996 kB)