I. Definitions

1. Price: The monetary amount you will pay for Goods.
2. Shipping Price: The monetary amount you will pay for delivery of Goods, including packaging costs.
3. Total Price: The sum of Price and Shipping Price.
4. VAT: Value-added tax as per applicable legal regulations.
5. Invoice: A tax document issued in accordance with VAT laws for the Total Price.
6. Order: Your irrevocable proposal to conclude a Purchase Agreement for Goods with Us.
7. User Account: An account established based on your provided information that allows storing entered data and keeping a history of ordered Goods and concluded Agreements.
8. You: A person purchasing on our E-shop referred to as a buyer under legal regulations.
9. Goods: Everything you can purchase on the E-shop.

II. General Provisions and Instructions

1. Goods can only be purchased through the E-shop web interface.
2. When purchasing Goods, you must provide all information correctly and truthfully. Information provided during ordering will be considered correct and truthful.

III. Conclusion of Agreement

1. Agreements can only be concluded in Czech.
2. Agreements are concluded remotely via the E-shop, with costs for using remote communication means borne by You (these costs do not differ from basic rates for internet access). By submitting an Order, you agree to use remote communication means.
3. To conclude an Agreement:
   • You must create an Order proposal on the E-shop including:
     • Details about Goods being purchased (selected via "Add to Cart").
     • Information on Price, Shipping Price, payment method for Total Price, and desired delivery method.
     • Your identification and contact details (name, address, phone number, email).
     • For recurring deliveries, specify how long Goods will be delivered.
   • Before submitting an Order binding payment obligation ("Order Binding Payment"), you must confirm understanding and agreement with these Terms by checking a box; otherwise, creating an Order is not possible.
4. Upon receiving your Order:
   • We will confirm it via email summarizing your Order along with these Terms.
   • Confirmation constitutes conclusion between Us/You under effective Terms upon ordering.
5. In certain cases (e.g., unavailability of Goods or exceeding allowed quantities), we may not confirm your Order but instead send you a modified offer that requires your acceptance to form an Agreement.
6. If an incorrect Price is displayed due to clear errors (e.g., missing digits), we are not obligated to deliver at that Price even if your Order was confirmed.
7. By concluding an Agreement, you commit to paying the Total Price.

IV. User Account

1. You may register a User Account through our E-shop.
2. You must provide accurate information during registration and update it as necessary.
3. Access is secured by username and password; confidentiality is your responsibility.
4. User Accounts are personal and cannot be shared with third parties.
5. We may cancel inactive accounts or accounts violating these Terms.

V. Pricing and Payment Conditions

1. Prices are listed on the E-shop and included in Orders/Agreements.
2. Total Prices include VAT and all statutory fees.
3. Payment methods:
   • Bank transfer (payment due within 14 days).
   • Online card payment via GoPay gateway (subject to GoPay terms).
   • Cash on delivery (payable upon receipt).
   • Cash payment at our premises (payable upon pickup).
4. Ownership transfers after full payment is received.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

1. The goods will be delivered to you in the manner of your choice.
2. Goods can only be delivered to the countries mentioned in the drop-down list during check-out process.
3. The delivery time of the goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal pickup at our premises, we will always inform you via email when the goods are ready for collection.
4. Upon receiving the goods from the carrier, it is your obligation to check the integrity of the packaging and immediately report any defects to the carrier and us. If there is damage to the packaging indicating unauthorized handling or tampering with the shipment, you are not obligated to accept the goods from the carrier.
5. If you fail to fulfill your obligation to accept the goods, except in cases under Article VI.4 of these Terms, it does not constitute a breach of our obligation to deliver the goods to you. Additionally, your failure to accept the goods does not constitute withdrawal from the Agreement between us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of contract. If we decide to exercise this right, withdrawal becomes effective on the day we deliver notice of withdrawal to you. Withdrawal from the Agreement does not affect our right to claim reimbursement for delivery costs or compensation for any damages incurred.
6. If goods need to be delivered repeatedly or in a manner other than agreed in the Agreement due to reasons attributable to you, you are obliged to reimburse us for costs associated with such repeated delivery. Payment details for these costs will be sent to your email address provided in the Agreement and are due within 14 days from receipt of our email.
7. The risk of damage to goods passes to you at the moment you accept them. If you fail to accept the goods (except in cases under Article VI.4), the risk of damage passes to you at the moment you had an opportunity to take possession but did not do so due to reasons attributable to you. The transfer of risk means that from this moment onward, you bear all consequences associated with loss, destruction, damage, or any depreciation of goods.
8. If goods were not listed as "in stock" on our E-shop and an indicative availability time was provided:
   a) In case of extraordinary production outages, we will inform you about a new expected availability date or notify you if delivery is impossible;
   b) In case of delays caused by our supplier, we will inform you about a new expected delivery date.
9. If we are unable to deliver goods within 30 days after the stated delivery period in your order confirmation for any reason, both parties have the right to withdraw from the Agreement.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time the risk of damage to the Goods passes to you under Article VI.7 of the Terms, the Goods are free from defects, specifically that:
   a) They have the properties agreed upon with you, or if no specific agreement was made, those described in the Goods' description or those that can be reasonably expected given the nature of the Goods;
   b) They are suitable for the purposes we have stated or for purposes typical for Goods of this type;
   c) Their quality or design corresponds to any agreed sample if quality or design was determined based on a sample;
   d) They are in the appropriate quantity and weight;
   e) They comply with legal requirements;
   f) They are not encumbered by third-party rights.
2. Rights and obligations regarding defective performance are governed by applicable binding legal regulations (especially Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, particularly if any condition under Article VII.1 is not met, you may notify us of such a defect and exercise your rights arising from defective performance (i.e., make a claim regarding the Goods) by sending an email or letter to our addresses provided in our identification details. You may also use a sample form provided by us, which constitutes Annex No. 1 of these Terms. When exercising your rights from defective performance, you must specify how you wish to resolve the defect, and this choice cannot be subsequently changed without our consent unless stated otherwise in Article VII.4. We will handle your claim in accordance with your exercised right arising from defective performance. If you do not choose how to resolve the defect, you have the rights outlined in Article VII.5 even in cases where defective performance constituted a material breach of the Agreement.
4. If defective performance constitutes a material breach of the Agreement, you have the following rights:
   a) To have the defect remedied by delivery of new Goods free from defects or delivery of missing parts of the Goods;
   b) To have the defect remedied by repair of the Goods;
   c) To receive an appropriate discount on the Price;
   d) To withdraw from the Agreement.

If you choose resolution under points (a) or (b) and we fail to remedy the defect within a reasonable time specified by us or inform you that we will not remedy it in this manner at all, you have rights under points (c) and (d), even if you did not originally request them within your claim. Additionally, if you choose to remedy the defect by repair and we determine that it is irreparable, we will notify you, and you may select another method for resolving the defect.

5. If defective performance constitutes an immaterial breach of the Agreement, you have the following rights:
   a) To have the defect remedied by delivery of new Goods free from defects or delivery of missing parts of the Goods;
   b) To have the defect remedied by repair of the Goods;
   c) To receive an appropriate discount on the Price.

However, if we fail to remedy the defect in time or refuse to remedy it, you gain the right to withdraw from the Agreement. You may also withdraw if repeated defects occur after repair or if there are multiple defects in the Goods that prevent proper use.

6. In cases of both material and immaterial breaches, you cannot withdraw from the Agreement or demand delivery of new items if returning the Goods in their original condition is impossible. This does not apply in cases where:
   a) The condition of the Goods changed due to inspection necessary to identify defects;
   b) The Goods were used before discovering defects;
   c) The inability to return them in their original condition was not caused by your actions or omissions;
   d) You sold, consumed, or altered part of them during normal use before discovering defects—if only partially consumed or altered, you must return what remains and will not be refunded for benefits derived from using part of them.
7. Within three days after receiving your claim, we will confirm via email that we received it, when it was received, and provide an estimated resolution timeframe. We will resolve claims without undue delay but no later than 30 days after receipt unless extended by mutual agreement. If this period lapses without resolution, you may withdraw from the Agreement.
8. We will inform you via email about claim resolution. If justified, you are entitled to reimbursement for reasonably incurred costs (e.g., transport costs), which must be proven with receipts or other documentation. If defects are remedied by delivering new Goods, it is your obligation to return original items to us at our expense.
9. If you are a business customer (entrepreneur), it is your obligation to report and point out defects without undue delay after they could have been discovered but no later than three days after receiving Goods.
10. If you are a consumer, you can exercise rights arising from defective performance for defects occurring within 24 months from receiving consumable goods.
11. Provisions regarding rights arising from defects do not apply:
    a) For Goods sold at a lower Price due to defects for which such lower Price was agreed upon;
    b) For wear and tear caused by normal use;
    c) For used Goods corresponding to wear levels present at purchase;
    d) When implied by their nature.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.

2. If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right, in accordance with the provisions of §1829 of the Civil Code, to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the date of delivery of the last part of the Goods, and if we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). You may also use the sample form provided by Us for withdrawal, which is Annex No. 2 to the Terms and Conditions.

3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:

a) Goods, the Price of which depends on fluctuations in the financial market independent of Our will and may occur during the withdrawal period from the Contract;

b) delivery of alcoholic beverages, which can only be delivered after the expiry of thirty days and whose Price depends on fluctuations in the financial market independent of Our will;

c) Goods that have been modified according to Your wishes or for Your person;

d) Goods that are subject to rapid deterioration and Goods that have been irreversibly mixed with another after delivery;

e) Goods in a sealed package that have been removed from the packaging and cannot be returned for hygiene reasons;

f) the delivery of an audio or video recording or a computer program if the original packaging has been damaged;

g) the delivery of newspapers, periodicals or magazines;

h) the delivery of digital content, unless it was delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period from the Contract and We have informed you that you do not have the right to withdraw from the Contract;

i) Goods that, by their nature, are secured in the packaging by a protective seal/mark, where the breach of this seal/mark would make it impossible to verify whether the goods could not have been intentionally modified in software/hardware or otherwise in such a way that its original function would be impaired, in particular in the case of security cameras and other devices that commonly have access to sensitive user data. In this case, damage to this mark further devalues ​​the goods and does not allow their subsequent sale;

j) Goods, such as antennas and network coordinators, or others, which were returned with software/firmware other than the original (especially in the case of installation of developer versions, etc.).

4. The withdrawal period pursuant to Article VIII.2 of the Terms and Conditions is deemed to have been observed if, during this period, you send Us a notification that you are withdrawing from the Contract.

5. In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before You return the Goods to Us or before You prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.

6. In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the Goods to Us. On the other hand, you are entitled to a refund of the Shipping Cost, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by Us for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, We will also cover the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Cost in the amount corresponding to the cheapest method of delivery of the Goods offered by Us for the delivery of the Goods.

7. You are liable to Us for damages in cases where the Goods are damaged as a result of Your handling of them in a manner other than that which is necessary to handle them with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the Goods are returned to Us and the due date for the invoiced amount is 14 days. If we have not yet refunded the Price to you, we are entitled to offset the claim for costs against your claim for the refund of the Price.

8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons arising from the nature of the Goods), including before the expiry of the period specified in Article VI.9 of the Terms and Conditions. We may also withdraw from the Contract if it is obvious that you have provided intentionally incorrect information in the Order. If you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS

1. We are not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Czech Civil Code.
2. Consumer complaints are handled via the electronic address info@homebrainz.eu. Information on the resolution of a complaint will be sent to the buyer's electronic address.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer (who is a consumer) arising from purchase agreements concluded by electronic means.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).

X. FINAL PROVISIONS

1. If our legal relationship with you involves an international element (e.g., we will deliver goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from applicable legal regulations.
2. All written correspondence with you will be delivered via email. Our email address is listed in our identification details. We will send correspondence to your email address provided in the Agreement, User Account, or the one through which you contacted us.
3. The Agreement may only be amended based on our written agreement. However, we are entitled to modify and supplement these Terms and Conditions. Such changes will not affect already concluded Agreements but will apply only to Agreements concluded after the changes take effect. We will inform you of any changes only if you have created a User Account (so that you are aware of them when ordering new goods; however, such changes do not establish a right of termination as there is no Agreement to terminate) or if we are obligated to supply goods to you regularly and repeatedly under an Agreement. Information about the change will be sent to your email address at least 14 days before the change takes effect. If we do not receive a termination notice from you within 14 days of sending the information about the change for an Agreement involving regular and repeated delivery of goods, the new terms become part of our Agreement and apply to the next delivery following the effective date of the change. The notice period in case you submit a termination notice is two months.
4. In cases of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational disruptions, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with such cases of force majeure. If the state of force majeure lasts longer than 10 days, both we and you have the right to withdraw from the Agreement.
5. Attached to these Terms and Conditions are sample forms for complaints and withdrawal from the Agreement.
6. The Agreement, including these Terms and Conditions, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and Conditions along with an Order confirmation summarizing your Order via email, ensuring access to the Agreement without our assistance. We recommend saving the Order confirmation and Terms and Conditions.
7. These Terms and Conditions take effect on May 21, 2024.

For complaints, please contact us at: reklamace@homebrainz.shop