Terms and Conditions

GENERAL TERMS AND CONDITIONS
of Moskito, spol. s r.o.,
for the sale of goods through the online store located at
www.moskito.cz

I. BASIC PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as the “GTC”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between Moskito, spol. s r.o., with its registered office at Praha 3, Olšanská 55/5, ZIP Code 13000, Company ID No.: 06021956, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 273381, as the seller on the one hand (hereinafter referred to as the “Seller”) and the buyer on the other hand (hereinafter referred to as the “Buyer”), arising on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the parties through the online store operated by the Seller on the website located at www.moskito.cz
1.2. (hereinafter referred to as the “Website”), via the website interface (hereinafter referred to as the “Online Store Interface”).

1.3. The Buyer means either a consumer or an entrepreneur. A consumer is any person who, outside the scope of their business activity or outside the independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with them (hereinafter referred to as the “Buyer – Consumer”). An entrepreneur is deemed to be a person who independently carries out gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so continuously for the purpose of making a profit. For consumer protection purposes, an entrepreneur also means any person who concludes contracts related to their own commercial, manufacturing or similar activity or in the independent exercise of their profession, or a person acting in the name of or on behalf of an entrepreneur. For the purposes of these GTC, an entrepreneur means a person who concludes the Purchase Agreement within the scope of their business activity (hereinafter referred to as the “Buyer – Entrepreneur”). If the Buyer states their identification number in the order, they acknowledge that the rules set out in these GTC for entrepreneurs shall apply to them.

1.4. All legal relationships between the Seller and the Buyer arising in connection with or on the basis of the Purchase Agreement shall be governed by the laws of the Czech Republic. If the Buyer is a consumer, relationships not governed by these GTC shall be governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the “Consumer Protection Act”). If the Buyer is not a consumer, relationships not governed by these GTC shall be governed by the Civil Code.
1.5. Provisions deviating from these GTC may be agreed in a Purchase Agreement concluded on the basis of individual negotiations between the Buyer and the Seller. Deviating provisions in the Purchase Agreement shall prevail over these GTC.
1.6. The provisions of these GTC form an integral part of every Purchase Agreement. The Purchase Agreement and the GTC are drawn up in the Czech language. The Purchase Agreement may only be concluded in the Czech language.

1.7. The Seller may amend or supplement the wording of these GTC. The updated wording of the GTC will be published on the Seller’s website www.moskito.cz
1.8. and shall be binding on the Buyer for every subsequent order of goods placed after the publication of the updated wording of the GTC.

II. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). The Buyer may also order goods without registration directly from the Online Store Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information stated in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
2.4. The Seller assumes that the User Account is always used only by the Buyer. If the Buyer allows third parties to use their User Account, the Buyer shall be bound by such conduct unless they prove otherwise.

2.5. The Seller may cancel the User Account if the Buyer breaches their obligations under the Purchase Agreement (GTC).
2.6. 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 the hardware and software equipment of third parties.
III. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the Online Store Interface is for informational purposes only and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and the costs for returning goods if such goods cannot by their nature be returned by ordinary postal means. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the Online Store Interface. This provision does not limit the Seller’s possibility to conclude a Purchase Agreement under individually agreed conditions.
The Seller reserves the right to cancel an order due to a technical defect on the website, as a result of which stock availability, the price of goods, the description of goods, or other information preventing delivery of the goods to the Buyer was displayed incorrectly.

3.3. The Online Store Interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated in the Online Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer shall complete the order form in the Online Store Interface. The order form contains in particular information about:
a) the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the Online Store Interface);

b) the method of payment of the purchase price of the goods, information about the requested method of delivery of the ordered goods; and

c) information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including with regard to the Buyer’s ability to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “ORDER” button. The data stated in the Order are considered correct by the Seller. Upon receipt of the Order, the Seller shall promptly confirm receipt to the Buyer by electronic mail to the Buyer’s email address stated in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s Email Address. Together with the written confirmation of acceptance of the Order, the Seller shall send the Buyer the text version of the current wording of the GTC.
3.8. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, in particular with persons who have previously materially breached a Purchase Agreement.
3.9. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer in using means of distance communication in connection with concluding the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs do not differ from the basic rate.

IV. PAYMENT TERMS – PAYMENT OF THE PURCHASE PRICE OF THE GOODS AND DELIVERY COSTS
4.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the Purchase Agreement to the Seller by the following methods:
 in cash upon collection of the goods at the Seller’s registered office or warehouse;

 cash on delivery at the place specified by the Buyer in the Order (in the case of delivery of goods via a carrier);

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with delivery of the goods. The shipping price is stated in the current shipping price list, which forms an annex to the GTC and is published on the Seller’s website.
4.3. The Seller does not require a deposit or any other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of these GTC regarding the obligation to pay the purchase price of the goods before they are dispatched to the Buyer.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer may not be combined unless the conditions of the discount promotion stipulate otherwise.
4.8. If customary in business relations or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document regarding payments made under the Purchase Agreement. The Seller is not a payer of value added tax. The Seller shall issue the tax document to the Buyer after payment of the price of the goods and hand it over to the Buyer upon receipt of the goods by the Buyer.

V. TRANSPORT AND DELIVERY OF GOODS
5.1. The method of delivery of the goods is determined by the Seller unless otherwise specified in the Purchase Agreement. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
5.2. The usual delivery period for goods is three (3) business days if the goods are delivered within the Czech Republic and five (5) business days if delivered outside the Czech Republic.
5.3. If under the Purchase Agreement the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery. The Buyer is obliged to confirm receipt of the goods, including the documents handed over with the goods, by their signature on the relevant goods receipt document. If the Buyer does not accept the goods upon delivery, the Seller shall be entitled to reimbursement from the Buyer of the costs of storage and the costs of unsuccessful delivery of the goods. If the Buyer does not accept the goods even upon a repeated attempt at delivery, the Seller is entitled to withdraw from the Purchase Agreement.
5.4. If, for reasons on the Buyer’s side, the goods must be delivered repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

5.5. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. If damage to the packaging is found indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
5.6. The risk of damage to the goods passes from the Seller to the Buyer upon receipt of the goods.
VI. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations.

6.2. The Seller is liable to the Buyer for the delivered goods being free of defects, i.e. that the goods are delivered to the Buyer in the agreed quantity, quality and design. If the goods do not have these characteristics, they are defective. Delivery of a different item and defects in documents necessary for use of the item shall also be deemed defects.

6.3. The Buyer – Entrepreneur is entitled to assert rights arising from a defect that the goods had at the moment the risk of damage passed to the Buyer, even if it becomes apparent only later. The Buyer’s right also arises in the case of a defect caused later by the Seller. The Buyer – Consumer is entitled to assert rights arising from a defect that occurs in consumer goods within twenty-four (24) months of receipt; this does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by ordinary use of the goods, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had when received by the Buyer, or if it follows from the nature of the goods.
6.4. If a defect in the goods constitutes a material breach of the Purchase Agreement, the Buyer has the right:
a) to have the defect remedied by delivery of a new item free of defects or by delivery of the missing item;
b) to have the defect remedied by repair of the item;
c) to a reasonable discount on the purchase price; or
d) to withdraw from the Purchase Agreement.

The Buyer is obliged to inform the Seller which right they have chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller’s consent; this does not apply if the Buyer requested repair of a defect that proves to be irreparable. If the Seller does not remedy the defects within a reasonable period or informs the Buyer that they will not remedy the defects, the Buyer may instead request a reasonable discount on the purchase price or may withdraw from the Purchase Agreement. If the Buyer does not choose their right in time, they shall have the rights as in the case of a non-material breach of contract pursuant to Article 6.6. of the GTC.
6.5. If a defect in the goods constitutes a non-material breach of the Purchase Agreement, the Buyer has the right to have the defect remedied or to a reasonable discount on the purchase price. Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remedy the legal defect. The Seller may remedy other defects at their option by repair of the item or delivery of a new item; the choice must not cause unreasonable costs to the Buyer. If the Seller does not remedy the defect in the goods in time or refuses to remedy the defect in the goods, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller’s consent.

6.6. Beyond the liability stated in Article 6.2. of the GTC, the Seller is liable to the Buyer – Consumer for the goods, at the time the Buyer received them:
a) having the characteristics agreed by the parties, and if there is no agreement, having such characteristics as described by the Seller or manufacturer or as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them;
b) being fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;
c) corresponding in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model;
d) being in the appropriate quantity, measure or weight; and
e) complying with the requirements of legal regulations.
If a defect becomes apparent within six (6) months of receipt of the goods, it is presumed that the goods were defective already when received by the Buyer – Consumer.

6.7. If the goods do not have the characteristics stated in Article 6.6. of the GTC, the Buyer – Consumer may also request delivery of a new item free of defects, unless this is disproportionate with regard to the nature of the defect; however, if the defect concerns only a component of the item, the Buyer may request only replacement of the component; if this is not possible, the Buyer may withdraw from the Purchase Agreement. However, if this is disproportionate with regard to the nature of the defect, especially if the defect can be remedied without undue delay, the Buyer has the right to free removal of the defect. The Buyer – Consumer also has the right to delivery of a new item or replacement of a component in the case of a remediable defect if they cannot properly use the item due to repeated occurrence of defects after repair or due to a greater number of defects. In such a case, the Buyer – Consumer also has the right to withdraw from the Purchase Agreement.
6.8. If the Buyer – Consumer does not withdraw from the Purchase Agreement or does not exercise the right to delivery of a new item free of defects, replacement of its component, or repair of the item, they may request a reasonable discount. The Buyer – Consumer also has the right to a reasonable discount if the Seller cannot deliver a new item free of defects, replace its component, or repair the item, as well as if the Seller fails to remedy the situation within a reasonable time or if remedying the situation would cause the Buyer – Consumer significant difficulties.
6.9. The Seller is not obliged to satisfy a claim of the Buyer – Consumer arising from defective performance if the Buyer knew before concluding the Purchase Agreement that the item had a defect, or if the Buyer – Consumer caused the defect themselves.

6.10. The Buyer asserts rights arising from defective performance in writing at the Seller’s registered office. Together with the assertion of the right arising from defective performance, the Buyer is obliged to deliver the defective goods to the Seller. The Buyer is entitled to reimbursement from the Seller of costs reasonably incurred in asserting rights arising from defective performance; however, the Buyer is obliged to assert this claim with the Seller within one (1) month after expiry of the period within which the defect must be notified.
6.11. A complaint, including removal of the defect, must be settled without undue delay, no later than thirty (30) days from the date the complaint is made, unless the Seller and the Buyer agree on a longer period.

VII. WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE CONSUMER WITHIN FOURTEEN (14) DAYS
7.1. The Buyer – Consumer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the delivery of goods modified according to the wishes of the Buyer – Consumer, goods subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery, and goods in sealed packaging that the Buyer – Consumer has removed from the packaging and which cannot be returned for hygiene reasons.
7.2. Unless it is a case referred to in Article 7.1. of the GTC or another case where withdrawal from the Purchase Agreement is not possible, the Buyer – Consumer has, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from the date of receipt of the goods; if several types of goods or delivery of several parts are supplied under one contract, the withdrawal period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within fourteen (14) days from the date of receipt of the goods, to the address of the Seller’s registered office.

7.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 7.2. of the GTC, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the date of withdrawal from the contract. The Buyer – Consumer is responsible for returning the goods to the Seller in such condition that their value is not diminished as a result of handling the goods in a manner other than is necessary with regard to their nature and characteristics. If the Buyer – Consumer withdraws from the Purchase Agreement, they bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

7.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 7.2. of the GTC, the Seller shall return to the Buyer – Consumer without undue delay, but no later than fourteen (14) days from withdrawal from the contract, all funds including delivery costs received from the Buyer – Consumer. However, the Seller is not obliged to return the received funds before the Buyer – Consumer hands over (returns) the goods to the Seller or proves that they have sent the goods to the Seller. The Seller shall return the funds to the Buyer – Consumer by the same method by which they were received from the Buyer – Consumer, or by another method if the Buyer – Consumer agrees and no additional costs arise for them.
7.5. Until the goods are received by the Buyer – Consumer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall return the purchase price to the Buyer – Consumer without undue delay, by bank transfer to an account designated by the Buyer – Consumer.

VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer has the right to out-of-court settlement of a consumer dispute. The entity for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website address: http://www.coi.cz.
8.2. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.3. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.4. The Seller is authorized to sell goods on the basis of a trade license. Supervision of business activities under the Trade Licensing Act is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, among other things, within the defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The Buyer acknowledges that the software and other components forming the Online Store Interface (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the Online Store Interface.
8.6. When using the Online Store Interface, the Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the Online Store Interface. The Online Store Interface may only be used to the extent that is not at the expense of the rights of the Seller’s other customers and that is in accordance with its intended purpose.
8.7. The Buyer acknowledges that the Seller is not liable for errors arising as a result of interventions by third parties into the Website or as a result of use of the Website contrary to its intended purpose.
8.8. The Buyer hereby assumes the risk of changed circumstances within the meaning of Section 1765(2) of the Civil Code.

IX. PERSONAL DATA PROTECTION
9.1 The personal data of the Buyer who is a natural person is protected by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2 The Buyer agrees to the processing of the following personal data: first name and surname, residential address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as “Personal Data”).
9.3 The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses another option, the Buyer also agrees to the processing of Personal Data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data in the full scope under this Article is not a condition which in itself would prevent conclusion of the Purchase Agreement. The Buyer may revoke the granted consent to the processing of Personal Data at any time in writing, either by letter sent to the Seller’s registered office address or electronically to the Seller’s email address in**@****er.cz
9.4 The Buyer acknowledges that they are obliged to state their Personal Data correctly and truthfully (during registration, in their User Account, and when ordering through the Online Store Interface) and that they are obliged to inform the Seller without undue delay of any change in their Personal Data.
9.5 The Seller may authorize a third party, as a processor, to process the Buyer’s Personal Data. Except for persons transporting the goods, the Seller will not transfer Personal Data to third parties without the Buyer’s prior consent.

9.6 Personal Data will be processed for an indefinite period. Personal Data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the provided Personal Data are accurate and that they have been informed that provision of Personal Data is voluntary.
9.8 If the Buyer believes that the Seller or the processor (Article 9.5) is processing their Personal Data in a manner contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:
a) ask the Seller or the processor for an explanation,
b) require the Seller or the processor to remedy the resulting situation.
9.9 If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide such information. The Seller has the right to require reasonable compensation for providing the information under the previous sentence, not exceeding the costs necessary to provide the information.

X. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to receiving information related to the Seller’s goods, services or business at the Buyer’s email address and further agrees to receiving commercial communications from the Seller at the Buyer’s email address.
10.2. The Buyer agrees to the storing of so-called cookies on their computer. If it is possible to make a purchase on the Website and perform the Seller’s obligations under the Purchase Agreement without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time, either by letter sent to the Seller’s registered office address or electronically to the Seller’s email address in**@*****to.cz.

XI. SERVICE OF DOCUMENTS
11.1. Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other contracting party in writing or in text form within the meaning of Section 1819 of the Civil Code, by electronic mail, personally, or by registered post through a postal services operator (at the sender’s choice). Correspondence to the Buyer shall be delivered to the email address stated in their User Account.
11.2. A message is deemed delivered to the other contracting party:
 in the case of delivery by electronic mail, at the moment of its receipt by the incoming mail server; the integrity of messages sent by electronic mail may be secured by a certificate,
 in the case of personal delivery or delivery via a postal services operator, upon receipt of the shipment by the addressee,
 in the case of personal delivery or delivery via a postal services operator, also by refusal to accept the shipment if the addressee (or a person authorized to accept the shipment on their behalf) refuses to accept it,
 in the case of delivery via a postal services operator, upon expiry of ten (10) days from the deposit of the shipment and the invitation to the addressee to collect the deposited shipment, if the shipment is deposited with the postal services operator, even if the addressee did not learn of the deposit.

XII. FINAL PROVISIONS
12.1. If a relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that such relationship shall be governed by Czech law and subject to the jurisdiction of the courts of the Czech Republic. This does not affect the rights of the Buyer – Consumer arising from generally binding legal regulations.
12.2. If any provision of the GTC is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions of the GTC.
12.3. The Purchase Agreement including the GTC is archived by the Seller in electronic form and is not accessible.
12.4. An annex to the terms and conditions is a sample form for withdrawal from the Purchase Agreement.
12.5. Seller’s contact details: delivery address Olšanská 55/5, ZIP Code 13000, email address in**@*****to.cz, telephone +420 777 971 811.

12.6. These GTC are effective from 1 August 2017
In Prague on 1 August 2017