Terms and Conditions

TMJ Aviation s.r.o.

ID: 27941884

DIC: CZ27941884

company headquater: Modranska 621/72; 143 00 Prague 4

place of business: Bendlova 84/22; 196 00 Prague 9

registered at the Municipal Court in Prague, Section C, Insert 128161

email: info@tmj-aviation.cz

phone: +420 731 400 002

https://tmj-aviation.cz

(hereinafter referred to as the "Seller")

 

 

  1. DEFINITION OF TERMS

 

1.1. "Seller" is the common name of the buyer-consumer and the buyer-businessman who uses the e-shop.

1.1.1. A buyer-consumer is a customer who concludes a purchase contract with the seller outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession within the meaning of § 419 of the Civil Code.

1.1.2. A buyer-entrepreneur is a customer who concludes a purchase contract with the seller within the scope of his business activity or within the scope of his independent exercise of his profession within the meaning of Section 420(1) of the Civil Code, in particular if he provides his VAT number and tax identification number.

1.2 The "Internet shop (E-shop)" is operated by the Seller on the website located at https://shop.tmj-aviation.cz (hereinafter referred to as the "Website"), through the web interface of the shop.

1.3 "User Account" means the user's ability to access their user interface automatically after registration.

1.4 "Purchase Contract" means the contract concluded between the Seller and the Buyer through the Online Shop in accordance with Article 4 of these Terms and Conditions.

1.5 "Goods" means the item offered by the Seller for sale to the Buyer via the E-shop and, if offered with the Goods, the licence to use the item.

1.6 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.

 

  1. BASIC PROVISIONS

 

2.1 These terms and conditions of business of the Seller (hereinafter referred to as "Terms and Conditions") regulate, in accordance with the provisions of Section 1751 (1) of the Civil Code, the mutual rights and obligations of the parties arising in connection with or on the basis of a contract of sale or a contract for the provision of services through the Seller's online shop.

2.2 These terms and conditions are effective and valid from 01.09.2021 and apply to the conclusion of all purchase contracts concluded by the Seller and the Buyer regarding the purchase of goods from the Seller's offer in the online store, or services provided in connection with the offered goods, unless otherwise expressly agreed between the parties.

2.3 These terms and conditions are available to the Buyer at any time on the website [https://shop.tmj-aviation.cz/obchodni-podminky/] or at the registered office of TMJ Aviation.

2.4 These terms and conditions shall also apply to any purchase contracts entered into by the Seller and the Buyer through other communication channels (i.e. telephone, email, etc.).

2.5 It is possible to negotiate different terms from the Terms and Conditions in the Purchase Agreement. Different provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.

2.6 The Seller has the right to withdraw from the Purchase Contract for any reason or no reason until the Goods have been dispatched to the Buyer. The Seller's legal act of notifying the Buyer that it cannot deliver the Goods ordered by the Buyer shall also be deemed to be withdrawal from the Purchase Contract.

2.7 In the event that there is an obvious technical error on the part of the Seller in the indication of the price of the Goods in the online shop or during the ordering process, the Seller is not obliged to deliver the Goods to the Buyer at this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

2.8 The risk of loss, damage and/or destruction of the Goods subject to the Purchase Contract shall pass to the Buyer upon the Buyer's acceptance of the Goods.

2.9 The Seller undertakes to deliver the Goods to the Buyer within a reasonable time from the conclusion of the Purchase Contract. All delivery times for the Goods indicated in the user environment of the E-shop are indicative only.

2.10. The Seller reserves the ownership right to the Goods, which are the subject of the Purchase Contract, until the Purchaser has paid the purchase price for the Goods in full.

2.11 All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephoning the telephone number or email of the Seller set out in these terms and conditions.

2.12 The Seller may change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

 

  1. USER ACCOUNT

 

3.1 The Buyer has the right to create a User Account by registering. The Buyer is obliged to fill in his login and identification data when registering for the User Account.

3.2 The Buyer's identification details entered during Registration shall be deemed to be the details entered when ordering each item. The Buyer must update the data provided in the User Account whenever it changes.

3.3 Access to the User Account is secured by a username and password. The Buyer shall take all reasonable measures to keep them confidential. The Buyer shall be fully liable for any unauthorised use of these access details or the User Account and for any damage caused to the Seller or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the Buyer is obliged to notify the Seller immediately. The Seller shall provide the User with new access data within a reasonable period of time.

3.4 The Buyer is not entitled to allow third parties to use the User Account.

3.5 The Seller may cancel the User Account, in particular if the Buyer does not use his User Account for more than 36 months or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).

3.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

  1. CONCLUSION OF THE PURCHASE CONTRACT

 

4.1 All presentation of the goods on the web interface of the online shop is of an informative nature and the Seller is not obliged to enter into a purchase contract in respect of these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

4.2 The web interface of the online shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the online shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

4.3 The web interface of the online shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the online shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

4.4 To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:

  1. a) the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop);
  2. b) the method of payment of the purchase price of the goods;
  3. c) information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods.

(hereinafter collectively referred to as the "order")

4.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Confirm Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

4.6 The Seller is always entitled, depending on the nature of the order (quantity of the goods, amount of the purchase price, estimated shipping costs), in particular in the event that the Buyer, within one order and/or one day, purchases goods with a total value exceeding CZK 100,000 incl. VAT, ask the buyer for an additional order confirmation (for example in writing or by telephone).

4.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer's electronic address.

4.8 For the avoidance of doubt, the Purchase Contract shall not be concluded if the Buyer's order is not confirmed by the Seller or is confirmed with an amendment or deviation that substantially changes the data in the order. The Buyer acknowledges that the Seller shall not be obliged to conclude a Purchase Contract with the Buyer, in particular if the Buyer is a person who has previously materially breached the Purchase Contract or these Terms and Conditions, or a person who is in default in the payment of due obligations to the Seller.

4.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.

4.10. The Seller may change the products and services described on its website at any time without prior notice and does not guarantee the factual accuracy of their content.

4.11 The Seller shall not be liable to any other party for any direct, indirect, incidental or other consequential damages caused by the use of information from its website or linked websites, including but not limited to lost profits, costs incurred, business interruption and other damages. The information provided on the Company's website shall not be construed as a representation as to the suitability of the products and services for any particular purpose unless such representation has been received by the Buyer from the Seller in writing after contacting the Seller in case of doubt.

 

  1. PRICE AND PAYMENT TERMS

 

5.1 The prices for the Goods are inclusive of value added tax. The prices of the Goods remain valid for as long as they are displayed on the web interface of the Shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

5.2 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement to the Seller in the following ways:

in cash on delivery at the user's destination specified in the order;

in cash at the Seller's premises at the address of the premises;

cashlessly on the Seller's web interface by credit card;

cashless on the Seller's web interface by bank transfer to the Seller's account at Komerční banka a.s.;

cashless via the payment system

5.3. In the case of non-cash payment by bank transfer, the Buyer is obliged to indicate the variable symbol specified by the Seller. The obligation on the part of the Buyer is fulfilled at the moment of crediting the relevant amount to the Seller's account.

5.4 The Buyer is obliged to pay to the Seller the costs associated with the packaging and delivery of the goods to the Buyer, in the amount specified for the order in the user environment of the website.

5.5 In case of payment in cash or in case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.

5.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 6.5), to demand payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply in this case.

5.7 The Seller shall send the Buyer a tax document-invoice in printed form together with the ordered goods to the address filled in by the Buyer when filling in the order. The Seller is a payer of value added tax.

5.8 Skip Pay: By using the service, you agree to Skip Pay's terms and conditions. Read more about the processing of personal data here. All information available on the Skip Pay website.

 

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT

 

6.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code.

6.2 Within the meaning of Section 1820(1)(f) of the Civil Code, the Consumer should return the Goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the Goods were received.

6.3 The consumer shall only be liable for any diminution in the value of the goods resulting from handling them in a manner other than that which is necessary in view of their nature and characteristics within the meaning of Section 1833 of the Civil Code

6.4 The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, the Buyer - Consumer cannot withdraw from the contract:

the provision of services that the seller has performed with the prior express consent of the buyer-consumer before the expiry of the withdrawal period;

the supply of goods or services the price of which depends on financial market fluctuations independent of the will of the seller and which may occur during the withdrawal period

the delivery of goods which have been modified according to the wishes of the buyer-consumer or for his person;

the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery;

repairs or maintenance carried out at a place designated by the consumer purchaser at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;

the delivery of goods in closed packaging which have been removed from the packaging by the purchaser-consumer and cannot be returned for hygiene reasons;

the delivery of an audio or visual recording or computer program if the original packaging has been damaged;

the delivery of newspapers, periodicals or magazines;

transport or leisure activities, provided that the entrepreneur provides these services within the specified time limit;

the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period, the seller emphasising that in the case of the supply of digital content supplied online, such a contract cannot be withdrawn.

6.5 The buyer - entrepreneur is entitled to withdraw from the purchase contract if the seller breaches the purchase contract in a material way. Unless the contrary is proven, the defective performance shall be deemed not to be a material breach of the purchase contract.

The buyer must send the goods within 14 days of withdrawal.

6.6 The buyer is obliged to pay a pro rata part of the price in the event of withdrawal from a contract, the subject of which is the provision of services and the performance of which has already begun

6.7 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

6.8 Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract at any time without giving any reason. In this case, the Seller shall refund the Purchase Price to the Buyer within 14 days, without cash to the account from which the payment was transferred.

6.9 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6.10. In order to comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period. The Buyer shall send the withdrawal statement to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the withdrawal declaration to the Buyer.

 

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

 

7.1 The rights and obligations of the parties regarding the right of defective performance are governed by the applicable generally binding legal regulations (in particular the provisions of §1914 - 1925, §2099 - 2117, §2161 - 2174 of the Civil Code).

7.2 The Seller is liable to the Consumer for the fact that the goods are free from defects upon receipt. In particular, the Seller shall be liable for the fact that at the time the Buyer accepts the goods:

the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and the advertising made for them,

the goods are fit for the purpose for which the Buyer states they are to be used or for which goods of that kind are usually used,

the goods are in the appropriate quantity, measure or weight,

the goods comply with the requirements of the law. The provisions set out in Articles 7.2 to 7.2.4 do not apply to goods sold at a lower price because of a defect for which the lower price was agreed.

7.3 If a defect becomes apparent within 12 months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within 24 months of acceptance.

7.4 The Buyer claims the right of defective performance from the Seller at the address of the Seller's business premises or at the registered office of the Seller's company. The moment when the Seller receives the claimed goods from the Buyer shall be considered as the moment of the claim.

7.5 The defect of the goods shall not be deemed to be the facts that occurred during the assembly of the goods by the Buyer's own assistance, caused by his unprofessional handling of the goods during assembly, unless they consist in incorrect drawings and instructions describing the procedure for assembly.

7.6 The Buyer shall assert his/her rights from defective performance via the contact form available on the website https://shop.tmj-aviation.cz or via the email address info@tmj-aviation.cz. The moment of filing a claim shall be deemed to be the moment of sending the claim with attached photo documentation necessary for the assessment of the defect by the Seller. The Buyer-Consumer may exercise the rights arising from the defective performance at the Seller's premises where the acceptance of the claim is possible with regard to the range of goods sold, or at the company's registered office, even after the termination of the sale or provision of services. In this case, the moment when the Seller receives the claimed goods from the Buyer-Consumer shall be considered as the moment when the claim is made.

7.7 Complaints are handled by the Seller without undue delay, no later than within thirty (30) days from the date of their application, unless the Seller and the Buyer agree on a longer period. In complex cases (i.e. e.g. time-consuming repairs or difficult to find replacement goods or parts), claims shall be settled within sixty (60) days. The Seller shall notify the Buyer of the fact that the case is complex without undue delay after it determines such nature, but no later than ten (10) days from the date on which it had the opportunity to assess the nature of the defect in the goods. The Seller shall inform the Buyer of the settlement of the claim without undue delay. The complaint shall be settled on the date on which the Buyer receives information on the settlement of the complaint.

 

  1. TRANSPORT AND DELIVERY OF THE GOODS

 

8.1 The method of transport and delivery of the goods offered by the Seller shall be offered to the Buyer on completion of the order, together with an indication of the costs associated with this method of delivery. These costs shall be borne by the Buyer.

8.2 If the method of delivery is agreed upon at the specific request of the Consumer, the latter shall bear the risk and any additional costs incurred by this method of delivery.

8.3 In the event that for reasons on the part of the Consumer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Consumer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

8.4 Upon receipt of the goods from the carrier, the Consumer shall check the integrity of the packaging of the goods and in case of any defects or doubts notify the carrier without delay. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Consumer may not accept the shipment from the carrier.

8.5 A shipment that is returned to the Seller as unclaimed shall be resent to the Consumer only at the Consumer's request, and the Consumer shall always be obliged to pay the Seller the cost of resending the shipment.

 

  1. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

 

9.1 The Seller hereby informs the Buyer-Consumer that he has the right, within the meaning of the Consumer Protection Act, to an out-of-court settlement of a dispute arising from a purchase contract concluded with the Seller. A prerequisite for the exercise of the buyer-consumer's right to out-of-court dispute resolution is a previous unsuccessful direct negotiation with the seller.

9.2 If the buyer-consumer wants to use his/her right to out-of-court dispute resolution from the purchase contract, he/she can turn with his/her proposal for the initiation of out-of-court dispute resolution to the Czech Trade Inspection, which is the competent body for out-of-court dispute resolution of consumer disputes in the case of purchase contracts concluded between the seller and the buyer-consumer within the meaning of the Consumer Protection Act. More information can be found on the website of the Czech Trade Inspectorate at the URL http://www.coi.cz/.

9.3 The buyer-consumer may submit a proposal for the initiation of out-of-court settlement of a consumer dispute in writing or orally on the record or electronically via the online form provided on the website of the Czech Trade Inspection Authority (the form is available at the URL https://adr.coi.cz/cs), signed with a recognised electronic signature or sent via the data mailbox of the buyer-consumer submitting the proposal. Provided that the proposal is confirmed or completed within 10 days by one of the methods referred to in the first sentence, it may be submitted by other technical means, in particular by telefax or public data network without the use of a recognised electronic signature. The application shall be accompanied by proof of the fact that the buyer-consumer has not been able to resolve the dispute with the seller directly, as well as other documents proving the facts alleged by the buyer, if available.

 

  1. OBLIGATIONS FOR THE DELIVERY OF GOODS TO THE EU TO A TAX-REGISTERED PERSON

 

10.1 TMJ Aviation complies with Section 7(2) of the VAT Act, which governs the place of supply when goods are supplied between taxable persons within the EU where the supplier or the customer arranges for the transport of the goods to another EU state.

10.2 In order to be able to exempt the supply of goods to the EU, all of the following conditions must be met at the same time and you must be able to prove that they have been met:

the goods must be supplied to a person registered for VAT in another member state of the European Union (i.e. a person who has been issued with a tax identification number for the purposes of trading between member states - this must be verified via VIES) - the supply of goods to a non-taxable or non-registered person (i.e. a VAT non-payer) cannot be exempted

transport or dispatch is carried out by the person making the supply or by the person for whom the goods are supplied or by third parties authorised by them

the goods must be demonstrably dispatched or transported from the territory of the Czech Republic to another Member State - it is not sufficient to issue a tax document to a person registered in another state. The goods must actually be physically delivered to that state and the supplier must be able to prove the transport of the goods. The delivery of the goods must not be merely formal, e.g. temporary export outside the Czech Republic. For the purpose of proving the transport of the goods to another EU state, in practice the easiest situation is when the supplier directly provides the transport. The transport can be proven e.g. by transport documents certified by the recipient of the goods and the carrier.

 

  1. FINAL PROVISIONS

 

11.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation. Relationships and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.

11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

11..4 The Buyer acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression as a result of their conversion into a display in the Seller's technical means. Therefore, the Buyer shall always read the full description of the Goods and contact the Seller in case of any doubt.

10.5 Contact details of the Seller for communication with the Buyer are provided in the user interface of the E-shop in the Contacts section.

11.6 These Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Czech Republic, in particular the Civil Code.

 

These Terms and Conditions shall come into force on 6.1.2023