General Terms and Conditions
I.
Basic Provisions
1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
Activity promotion s.r.o.
Company ID: 26936241
VAT ID: CZ26936241
Registered office: Příkop 147/13, 602 00 Brno, Czech Republic
Registered with the Regional Court in Brno, Section C, Insert 46512
Contact details: Activity promotion s.r.o., Olomoucká 77, 627 00 Brno, Czech Republic
E-mail: info@activity.cz
Phone: +420 548 211 748
Website: b2b.activity.cz
(hereinafter referred to as the “Seller”)
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the “Buyer”), through the web interface located on the website at www.b2b.activity.cz (hereinafter referred to as the “Online Store”).
3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Provisions in the purchase contract shall prevail over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase contract are concluded in Czech, English and Slovak languages.
II.
Information on Goods and Prices
1. Information about the goods, including the prices of individual goods and their main features, is provided for each item in the Online Store catalog. The prices of goods are stated including value added tax, all related fees, and the costs of returning the goods if such goods, by their nature, cannot be returned by regular postal service. The prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not limit the conclusion of a purchase contract under individually agreed terms.
2. All presentations of goods placed in the Online Store catalog are of an informative nature and the Seller is not obliged to conclude a purchase contract regarding such goods.
3. The Online Store provides information about the costs associated with packaging and delivery of the goods. Any discounts on the purchase price of goods cannot be combined, unless otherwise agreed between the Seller and the Buyer.
III.
Order and Conclusion of the Purchase Contract
1. The Buyer places orders for goods in the following ways:
• via their customer account, if they have previously registered in the Online Store,
• by completing the order form without registration.
2. When placing an order, the Buyer selects the goods, the quantity, the method of payment, and the method of delivery.
3. Before submitting the order, the Buyer is allowed to check and change the data entered into the order. The Buyer sends the order to the Seller by clicking the “Complete Order” button in the final step. The data provided in the order are considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory fields in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.
4. Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer when ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the Seller’s current Terms and Conditions. The purchase contract is concluded only upon acceptance of the order by the Seller. The acceptance notice is delivered to the Buyer’s e-mail address. / Alternatively: The confirmation is considered a contract conclusion if explicitly stated. The purchase contract is concluded by the Seller confirming the order to the Buyer’s e-mail address.
5. If the Seller cannot fulfill any of the requirements stated in the order, the Seller will send the Buyer a modified offer to their e-mail address. The modified offer is considered a new proposal of the purchase contract and the purchase contract is concluded in such a case upon confirmation of acceptance by the Buyer to the Seller’s e-mail address.
6. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of order acceptance by the Seller. The Buyer may cancel the order by phone or e-mail using the Seller’s contact details listed in these Terms and Conditions.
7. If there is an obvious technical error on the part of the Seller when stating the price of the goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price. The Seller will inform the Buyer of the error without undue delay and will send the Buyer a modified offer to their e-mail address. The modified offer is considered a new proposal of the purchase contract and the purchase contract is concluded in such a case upon confirmation of acceptance by the Buyer.
IV.
Customer Account
1. Based on the Buyer’s registration in the Online Store, the Buyer may access their customer account. The Buyer can place orders from their customer account. The Buyer can also place orders without registration.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the information provided in the user account whenever it changes. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use their customer account.
5. The Seller may cancel a user account, in particular if the Buyer has not used their account for a long time, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.
V.
Payment Terms and Delivery of Goods
1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
• cashless transfer to the Seller’s bank account after receiving a pro forma invoice,
• cashless payment by credit card,
• cashless transfer to the Seller’s account via the PayU payment gateway.
• in cash upon personal collection at the establishment
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
4. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.
5. The goods are delivered to the Buyer:
• to the address specified by the Buyer in the order,
• by personal collection at the Seller’s premises.
6. The method of delivery is selected during the ordering process.
7. The costs of delivery of goods depending on the method of dispatch and receipt of the goods are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
8. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer needs repeated delivery or delivery in a different way than specified in the order due to reasons on the Buyer’s side, the Buyer is obliged to pay the costs associated with repeated delivery or costs associated with a different method of delivery.
9. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be tampered with, the Buyer is not obliged to accept the shipment from the carrier.
10. The Seller shall issue the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s e-mail address or enclosed with the delivered goods.
11. The Buyer acquires ownership of the goods by paying the full purchase price including delivery costs, but not before taking delivery of the goods.
12. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take delivery but failed to do so in breach of the purchase contract.
VI.
Withdrawal from the Contract
1. The Buyer, who has concluded a purchase contract as a consumer outside the scope of their business activity, has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 14 days:
• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods if the contract concerns several types of goods or delivery in several parts,
• from the date of receipt of the first delivery of goods if the contract concerns regular repeated delivery of goods.
3. The Buyer cannot, among other things, withdraw from the purchase contract:
• for the provision of services, if they were fully provided with the Buyer’s prior express consent before the withdrawal period expired, and the Seller informed the Buyer before concluding the contract that in such a case they have no right to withdraw from the contract,
• for the delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the withdrawal period.
• for the supply of goods modified according to the Buyer’s wishes or personalized for the Buyer,
• for the supply of perishable goods as well as goods that were irreversibly mixed with other goods after delivery,
• and in other cases specified in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
5. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
6. If the Buyer withdraws from the contract, the Seller shall return all monetary funds received from the Buyer, including the costs of delivery, without undue delay, but no later than 14 days after withdrawal, in the same manner. The Seller will return the funds in another way only if the Buyer agrees and if no additional costs arise.
7. If the Buyer chose a delivery method other than the cheapest method offered by the Seller, the Seller will refund only the delivery costs corresponding to the cheapest offered method.
8. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds before the Buyer hands over the goods or proves that the goods have been sent to the Seller.
9. The Buyer must return the goods to the Seller undamaged, unworn, and unsoiled, and if possible, in the original packaging. The Seller is entitled to unilaterally set off compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
10. The Seller is entitled to withdraw from the purchase contract due to stock sell-out, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and return all funds received, including delivery costs, within 14 days of notifying the Buyer of the withdrawal, in the same manner, or in a manner determined by the Buyer.
VII.
Rights from Defective Performance
1. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible that at the time the Buyer takes over the goods:
• the goods have the properties agreed by the parties, and if not agreed, such properties as the Seller or manufacturer described or which the Buyer expected given the nature of the goods and advertising,
• the goods are fit for the purpose stated by the Seller for their use or for the usual purpose for goods of that kind,
• the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined by the agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight,
• the goods comply with legal requirements.
2. The Seller has obligations from defective performance at least to the extent to which the manufacturer’s obligations from defective performance last. Otherwise, the Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
3. If a period of usability is indicated on the sold goods, their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on a warranty for quality shall apply. Under the warranty for quality, the Seller undertakes that the goods will be fit for use for the usual purpose or retain their usual properties for a certain period. If the Buyer has justifiably complained about a defect in the goods, the limitation period for exercising rights from defective performance and the warranty period do not run for the time during which the Buyer cannot use the defective goods.
4. The provisions stated in the previous paragraph do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by normal use, for used goods for a defect corresponding to the degree of use or wear which the goods had when taken over by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to rights from defective performance if they knew about the defect before taking over the goods or if they caused the defect themselves.
5. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:
• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.
6. The Buyer has the right to withdraw from the contract:
• if the goods have a substantial defect,
• if they cannot properly use the goods due to repeated occurrence of the defect or defects after repair,
• in the case of a larger number of defects in the goods.
7. A breach of contract is considered substantial if the breaching party knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
8. In the case of a defect that means an insignificant breach of contract (whether the defect is removable or not), the Buyer is entitled to have the defect remedied or to receive a reasonable discount on the purchase price.
9. If a removable defect occurs repeatedly after repair (usually a third complaint for the same defect or a fourth for different defects) or if the goods have a greater number of defects (generally at least three defects at the same time), the Buyer has the right to demand a discount on the purchase price, replacement of the goods, or withdraw from the contract.
10. When filing a complaint, the Buyer is obliged to inform the Seller which right they have chosen. The Buyer may change their choice without the Seller’s consent only if they requested a repair of a defect that proves to be unrepairable. If the Buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in the case of an insignificant breach of contract.
11. If repair or replacement of the goods is not possible, the Buyer may request a refund of the purchase price in full based on withdrawal from the contract.
12. If the Seller proves that the Buyer knew about the defect before taking over the goods or caused the defect themselves, the Seller is not obliged to comply with the Buyer’s claim.
13. The Buyer cannot claim defects in goods sold at a discount due to the reason for which the discount was given.
14. The Seller is obliged to accept complaints at any establishment where acceptance is possible, or at the registered office or place of business. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised the right, what the complaint contains, and the method of handling the complaint requested by the Buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and its duration, or a written justification of the rejection of the complaint.
15. The Seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. The complaint, including remedying the defect, must be resolved without undue delay, no later than 30 days after it is filed, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline is considered a substantial breach of contract, and the Buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is the moment when the Buyer’s expression of will (exercising the right from defective performance) is delivered to the Seller.
16. The Seller shall inform the Buyer in writing of the result of the complaint.
17. The Buyer is not entitled to rights from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.
18. In the case of a justified complaint, the Buyer has the right to reimbursement of the reasonable costs incurred in connection with the complaint. The Buyer must assert this right within one month after the expiry of the warranty period; otherwise, the court may not grant it.
19. The Buyer has the right to choose the method of complaint resolution.
20. The rights and obligations of the parties regarding rights from defective performance are governed by § 1914–1925, § 2099–2117, and § 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
VIII.
Delivery
1. The contracting parties may deliver all written correspondence to each other via e-mail.
2. The Buyer delivers correspondence to the Seller to the e-mail address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in the Buyer’s customer account or in the order.
IX.
Personal Data
1. All information that the Buyer provides to the Seller in the course of cooperation is confidential and will be treated as such. Unless the Buyer gives the Seller written consent, the Buyer’s data will not be used in any other way than for the performance of the contract, except for the e-mail address, which may be used for sending commercial communications, as permitted by law, unless expressly refused. These communications may concern only similar or related goods and may be unsubscribed from at any time in a simple way (by sending a letter, e-mail, or clicking on a link in the commercial communication). The e-mail address will be stored for this purpose for 3 years from the conclusion of the last contract between the contracting parties.
X.
Final Provisions
1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the rights of consumers arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 letter e) of the Civil Code.
3. All rights to the Seller’s website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the Seller’s consent.
4. The Seller is not responsible for errors arising from third-party interventions in the Online Store or from its use contrary to its purpose. The Buyer must not use procedures when using the Online Store that could adversely affect its operation, and must not engage in any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components of the Online Store or use the Online Store or its parts or software in a manner contrary to its purpose or intent.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
6. The Seller may change or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
These Terms and Conditions take effect on 16 September 2025.