Terms and Conditions
Valid from 18th of January 2021.
I. Fundamental provision
These GTC regulate the relations between the contracting parties in the purchase process between TOMEX a Novák, Ltd., ID 62240561, VAT ID CZ62240561, with its registered address at Rychnovská 243, 468 01 Jablonec nad Nisou, CZECH REPUBLIC, registered in the Commercial Register kept by the registry court in Ústí nad Labem, section C, inset 7955, as the seller (hereinafter referred to as ‚TOMEX‘) and the buyer (hereinafter referred to as the „Buyer“) on the other hand.
Buyer can be a consumer or an entrepreneur.
Consumer is any person who enters into a contract with TOMEX or otherwise deals with it. This person must be outside of his business activities or outside scope of independent performance of his profession.
An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade license or similar manner with the intention of doing so systematically in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur, is also considered an entrepreneur.
By making order you a buyer confirms that he/she read these GTC (including pre-contractual communication), the complaint procedure and the document “Methods of transport”, and that he expressly agrees with them, as valid and effective at the time of sending the order.
Buyer is aware that by purchasing any of our products, there are no right to use registered brands, trade names, company logos etc.
II. Pre-contractual communication
TOMEX states that:
a) the costs of long-distance communication are not different from the basic rate (in case of the internet or telephone communication your operator cost can apply, but TOMEX does not charge any additional fees – this not apply to contractual shipping);
b) requires payment of the purchase price, or the obligation to pay a deposit or similar payment that relates to the Buyer’s requirements for the specific services if they are required and provided;
c) TOMEX does not enter into contracts for the performance of repeated performance if it mediates such contracts, the shortest period for which the contract will be binding for all the involved parties. Provider should communicate all the information on the price or methods of its determination (one month) if the price is fixed;
d) in the case of license agreements concluded for an indefinite period, the price of the license is agreed for the entire period of granting the license, unless otherwise stated;
e) the prices of goods and services are listed on the website operated by TOMEX and Novák, including and without VAT, including all fees stipulated by law; personal collection in Jablonec nad Nisou, Klíčnov warehouse costs 0 CZK;
f) in case that the Buyer is a consumer, he has the right to withdraw from the contract (unless stated otherwise below) within a 14days-period time if it is:
f.i) the purchase contract – from the date of receipt of the goods,
f.ii) a contract involving several types of goods or the supply of several parts – from the date of taking over the last supply of goods, or
f.iii) a contract with a subject of the regular re-supply of goods – from the date of taking over the first supply of goods;
whereas this withdrawal must be sent to the address of the registered office of TOMEX or can use the form for withdrawal from the contract on the website www.tomex.cz;
g) the consumer can not withdraw from the contract if:
g.i) TOMEX has fulfilled with the prior express consent of the consumer before the expiry of the withdrawal period,
g.ii) the supply of goods or services and its price depends on the fluctuations of the financial market independently of the will of TOMEX and which may occur during the withdrawal period,
g.iii) the supply of goods which have been adapted to the consumer’s wishes (the goods were customized),
g.iv) the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
g.v) repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested,
g.vi) the delivery of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons,
g.vii) the supply of an audio or video recording or a computer program if it has damaged their original packaging,
g.viii) the supply of newspapers, periodicals or magazines,
g.ix) the transport or use of free time, if the entrepreneur provides these services within the specified period,
g.x) the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period, TOMEX emphasizes that in the case of delivery of digital content delivered online, such a contract cannot be withdrawn;
h) if the consumer decides to withdraw, he shall bear the cost of returning the goods and in the case of the contract made on a long distance the cost of returning goods if the goods cannot, by their nature) be returned by ordinary mail;
i) the consumer is obliged to pay a proportion of the price in the event of withdrawal from the contract of which the subject is the provision of services and the performance of which has already begun;
j) contract or more precisely any relevant tax document will be stored in the TOMEX electronic archives and registred users will also have access to this data in their profile;
k) if the consumer wants to fill a complaint, he can file it with the company’s executive at firstname.lastname@example.org or can be addressed to the supervisory authority, HR department at email@example.com or state supervisor.
The Buyer may conclude the Contract by accepting the proposal for concluding the contract on the website operated by TOMEX by placing the required performance (goods, services, electronic content) in the basket or if he is a registered TOMEX user, he buys express. The TOMEX employee can assist the buyer in concluding the contract, either directly at the branch or by telephone and when ordering by fax or e-mail. Before the Buyer confirms the order in a binding manner, the Buyer has the right to change the required performance, transport and method of payment, i.e. to check all the data he has entered in the order. The purchase contract is created by sending the order to the Buyer after choosing the transport and method of payment and acceptance of the order by TOMEX, TOMEX is not responsible for any errors in data transmission. The conclusion of the TOMEX contract will immediately confirm to the Buyer by an informative email to the Buyer.
Attachement of this confirmation is actual version of GTC including Complaints Procedure document. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds. For an exception to tihis procedure, see the Ordering section.
The contract and any possible disputes which may occured based on the contract will be resolved exclusively in accordance with the law of the Czech Republic and by the competent courts of the Czech Republic.
The contract will be concluded in Czech language, but may arise exceptions. In the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
The concluded contract is archived by the seller for a period of at least five years from its conclusion, but no longer than for the period in accordance with the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described.
By the Purchase Agreement, TOMEX undertakes to hand over the item to the Buyer, provide the digital content / license that is the subject of the purchase and allow him to acquire ownership / license to it, and the Buyer undertakes to take over the item / digital content and pay the purchase price to TOMEX.
TOMEX reserves the ownership right to the item, and therefore the Buyer becomes the owner only after full payment of the purchase price.
TOMEX will hand over the item to the Buyer, as well as the documents relating to the item, and allow the Buyer to acquire ownership of the item / license in accordance with the contract.
TOMEX will fulfill the obligation to hand over the item to the Buyer if it allows him to dispose of the item at the place of performance and notifies him in a reasonable time ahead.
If TOMEX is to send the item, it will hand over the item to the Buyer (entrepreneur) by handing it over to the first carrier for transport for the Buyer and allow the Buyer to assert the rights from the contract of carriage against the carrier.
If TOMEX delivers a larger quantity of items than agreed, the purchase contract is concluded for the excess quantity, unless the Buyer has rejected them without undue delay.
TOMEX will deliver the item of purchase to the Buyer in the agreed quantity, quality and design.
f it is not agreed how the item is to be packed, TOMEX will pack the item according to custom; if they are not, then in the manner necessary for the preservation of the thing and its protection. In the same way, TOMEX will provide the item for transport.
A thing is defective if it does not have the agreed properties. The performance of another thing and defects in the documents necessary for the use of the thing are also considered a defect.
The Buyer’s right from defective performance is based on the defect that the thing has when the risk of damage passes to the Buyer, even if it manifests itself later. The Buyer’s right shall be established by a later defect caused by TOMEX in breach of its obligation
The buyer will inspect the item as soon as possible after the risk of damage to the item has passed and will check the order of its properties and quantity.
The risk of damage passes to the Buyer by taking over the item. It has the same effect if the Buyer does not take over the item, even though TOMEX has allowed him to handle it.
Damage to the goods, arising after the transfer of the risk of damage of the goods to the Buyer, does not affect his obligation to pay the purchase price, unless TOMEX caused the damage by violating its obligation.
The delay of the party with the takeover of the thing gives the other party the right to sell the thing in a suitable manner after prior notice to the account of the delay, after giving the delayer an additional reasonable period to take over. This also applies if the party is late in paying which is conditional on the handover of the thing.
TOMEX responds to the Buyer that the item has no defects upon receipt. In particular, TOMEX is responsible to the Buyer that at the time the Buyer took over the item:
a) the item has the attributes and performance agreed upon by the parties and in the absence of an agreement, the characteristics described by TOMEX or the manufacturer or which characteristics the Buyer expected with regard to the nature of the goods and the advertising made by them;
b) the item is fit for the purpose for which TOMEX states its use or for which an item of this kind is usually used;
c) the item is in an appropriate quantity, measure or weight and
d) the item complies with the requirements of the legislation.
If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
The Buyer is entitled to enforce the right of a defect that occurs in the consumer goods within twenty-four months of receipt, but this does not apply to:
a) in the case of an item sold at a lower price for a defect for which a lower price was agreed;
b) wear and tear of the item caused by its normal use;
c) in the case of a used item, for a defect corresponding to the rate of use or wear that the item had when taken over by the buyer or
d) if it implies from the nature of the matter.
The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer himself caused the defect.
If the item has a defect from which TOMEX is liable, and if the item is sold at a lower price or used, the Buyer is entitled to a reasonable discount instead of the right to exchange the item.
Substantial breach of contract
If the defective performance is a material breach of contract, the Buyer has the right:
a) to eliminate the defect by delivering a new item without a defect or by delivering a missing item, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the buyer has the right to rectify the defect free of charge;
b) to eliminate the defect by repairing the item;
c) to receive reasonable discount to the purchase price or
d) withdraw from the contract.
The buyer will inform TOMEX which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the choice without the consent of TOMEX; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If TOMEX does not eliminate the defects within a reasonable time or notifies the Buyer that it will not repair the defects, the Buyer may request a reasonable discount from the purchase price instead of eliminating the defect, or may withdraw from the contract. If the Buyer does not choose his right in time, he has the rights as in the case of a minor breach of contract – see below.
The buyer-consumer is entitled to a reasonable discount even if TOMEX is unable to deliver a new item without defects, replace its part or repair the item, as well as if TOMEX does not rectify the situation within a reasonable time or if arranging it would cause the consumer considerable difficulties.
Minor breach of contract
If the defective performance is a minor breach of contract, the Buyer has the right to eliminate the defect or request a reasonable discount of the purchase price.
Until the Buyer employ the right to a discount on the purchase price or withdraws from the contract, TOMEX may supply what is missing or eliminate the legal defect. Other defects can be removed by TOMEX at its option by repairing the item or delivering a new item.
If TOMEX does not eliminate the defect in time or refuses to eliminate the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the choice without the consent of TOMEX.
The Buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
Upon delivery of a new item, the Buyer will return the item originally delivered to TOMEX at its expense.
If the Buyer does not report the defect without undue delay after he was able to find it out in a timely inspection and with sufficient care, the court will not grant him the right to defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could find it with sufficient care, but no later than two years after the delivery of the item.
As a guarantee of quality, TOMEX undertakes that the item will be fit for normal use for a certain period of time or that it will retain its usual properties. The indication of the warranty period or the shelf life of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item.
The warranty period runs from the delivery of the item to the Buyer; if the item has been sent under the contract, it runs from the time the item reaches its destination. If the purchased item is to be put into operation by someone other than TOMEX, the warranty period runs only from the date of putting the item into operation, if the Buyer ordered the commissioning no later than three weeks after taking over the item and duly and timely provided the necessary cooperation.
The Buyer is not entitled to a warranty if the defect caused an external event after the transfer of the risk of damage to the goods to the Buyer.
IV. Contract withdrawal
Withdrawal from the contract by the consumer
The consumer has the right to withdraw from the contract within fourteen days. The period under the first sentence runs from the date of conclusion of the contract and if:
a) the purchase contract, from the date of receipt of the goods;
b) a contract having as its object several goods or the supply of several parts, as from the date of taking over the last supply of goods or
c) a contract having as its object the regular re-supply of goods, from the date of taking over the first supply of goods.
TOMEX allows the consumer to withdraw by completing and sending a standard withdrawal form on the website, and TOMEX will confirm to the consumer without undue delay in text its acceptance.
You can also withdraw by correspondence at the address:
TOMEX and Novák s.r.o., complaints department, Rychnovská 243, 468 01 Jablonec nad Nisou
If the consumer withdraws from the contract, he shall send or hand over to TOMEX without undue delay, no later than within fourteen days of the withdrawal from the contract, the goods he has received from TOMEX, at his own expense.
The consumer should return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods.
If the consumer decides to withdraw within the specified period, we recommend to deliver the goods to the TOMEX address together with the enclosed cover letter with possible reason for withdrawal from the purchase contract (not necessary), the number of the purchase document and the stated bank account number or indicating whether the amount will be withdrawn in cash.
The consumer is only liable to TOMEX for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.
If the consumer withdraws from the contract, TOMEX will return to him without undue delay, no later than fourteen days after withdrawal from the contract, all funds except delivery costs (the consumer has the right to deliver goods in selected situations free of charge), which from him under the contract accepted, in the same way.
However, if the consumer withdraws from the contract, TOMEX is not obliged to return the received funds to the consumer before the consumer hands over the goods or proves that he sent the goods to TOMEX.
The consumer acknowledges the fact that if gifts are provided with the goods, the gift contract between TOMEX and the Buyer is concluded on the condition that if the consumer’s right to withdraw from the purchase contract is exercised, the gift contract expires and the consumer is obliged together with return the returned goods and the related gifts provided, including everything he has enriched. If these are not returned, these values will be understood as unjust enrichment of the consumer. If the return of the object of unjust enrichment is not possible, TOMEX is entitled to monetary compensation in the amount of the usual price.
Withdrawal in other cases
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply:
a) if the condition has changed as a result of an inspection in order to detect a defect of the item;
b) if the Buyer used the item before the discovery of the defect;
c) if the Buyer has not caused the impossibility of returning the item in an unaltered state by his acts or omission or
d) if the Buyer sold the item before the discovery of the defect, if he consumed it or if he changed the item within its natural use; if this has happened only partly, the Buyer will return to TOMEX what else he can return and will give TOMEX compensation up to the amount in which he benefited from the use of the item.
If the Buyer does not report the defect in time, he loses the right to withdraw from the contract.
V. Information security and protection
The seller declares that all personal data is confidential and treats them in accordance with national and European Union regulations applicable in the field of personal data protection. Personal data will be used only to perform the contract with the buyer and marketing events of the seller and will not be otherwise disclosed or provided to a third party etc. Except for situations related to distribution or payment related to the ordered goods (name and delivery address). The seller shall ensure that the data subject does not suffer damage to his or her rights, in particular the right to respect for human dignity, and also takes care to protect against unauthorized interference with the data subject’s private and personal life. Personal data that is provided voluntarily by the buyer to the seller in order to fulfill the order and marketing actions of the seller are collected, processed and stored in accordance with applicable laws of the Czech Republic, especially Act No. 101/2000 Coll., On personal data protection, in the applicable and effective wording. The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the purchase contract and use for marketing purposes of the seller (especially for sending business messages, telemarketing, SMS), until his written disagreement with this processing sent to the address TOMEX a Novák sro, IČ 62240561, Rychnovská 243, 468 01 Jablonec nad Nisou. In this case, the electronic form is also considered a written statement, especially through the contact form on the websites www.klimatom.cz, www.tomex.cz and www.ventilace.com or by contacting the relevant employees. The Buyer has the right to access their personal data and the right to correct them (via the cited contact form, including the right to request explanations and removal of the defective condition and other legal rights to this data.
TOMEX may further process so-called “cookies” with the consent to facilitate the provision of information society services, in accordance with the provisions of Directive 95/46 / EC (hereinafter “GDPR Regulation”) on the purpose of “cookies” or similar tools and is ensured so that users know the information that is stored in the device they are using. TOMEX sets separate conditions for the use of “cookies” for this purpose. Users have the option to refuse to allow “cookies” or similar tools to be stored on their devices, e.g. by launching incognito browsing functionality in their browser or by modifying their consent to the sharing of “cookies”.
TOMEX acknowledges that the data processed and stored include:
a) name and surname;
b) address of permanent residence, registered office of the company or other addresses stated at the time of placing the order;
c) ID and/or VAT ID;
d) e-mail, telephone number and other communication tools;
e) details of the order placed (goods, method of payment, remarks etc.) and
f) in the case of “cookies”, files according to the valid conditions for the use of “cookies”.
TOMEX processes the above data for a period of two years from their provision if not stated otherwise. In the event that TOMEX registers a new order with the Buyer during these two years, it will continue to process this data for a period of two years from the last order. After this time, your personal data will be deleted. Exceptions are cases where the data would be needed for the purpose of exercising our rights in court, arbitration, administrative or other proceedings and disputes. In this case, the Buyer will be informed of this fact without undue delay.
VI. Opening/operating hours
a) orders via TOMEX online store: 24 hours a day, 7 days a week;
b) orders for dispatch to the second working day in the Czech Republic: by 12:00 CET;
c) orders for dispatch the same day within Jablonec nad Nisou area: by 15:00 CET;
d) email orders can be made 24 hours a day, but will be processed only on working days (Mon – Fri) in the period of 7:00 to 15:30 CET and
e) phone order can be made only on working days in the period of 7:00 to 15:30 CET.
All prices are binding. There are always valid prices in the online e-shop.
Prices are listed in the e-shop without VAT and other taxes and any other fees that the consumer must pay to obtain the goods. Upon completion of the order, the price, including VAT and any other fees, are listed on the “Checkout” page and are listed separately. These charges include, for example, the statutory recycling fee for electrical and electronic products. Other fees are fees for transport, cash on delivery and the cost of means of distance communication.
The special prices are valid until the stock is sold out or for a specified period of time. Common price means the final price recommended by the manufacturer/supplier.
VIII. Ordering of goods
The buyer will receive the price valid at the time of ordering. This price will be stated in the order and in the message confirming the receipt of the order of goods.
You can order in the following ways:
– through the TOMEX e-shop (hereinafter “e-shop”);
– by e-mail at firstname.lastname@example.org;
– in person at TOMEX premises or
– by phone.
TOMEX recommends that the Buyer place orders via the e-shop through the Buyer’s registered profile. In the case of public internet access, it also recommends that the Buyer log out of his profile after placing the order.
IX. Payment terms & EET*
The seller accepts the following payment terms:
a) cash payment;
b) payment in advance by bank transfer;
c) cash on delivery upon delivery of goods (cash is taken over from the customer by the carrier) and
d) payment on invoice due (only if the conditions are met).
The goods remain the property of TOMEX until full payment and acceptance, but the risk of damage to the goods passes to the buyer by taking over the order.
According to the Czech Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
*EET is electronic sales records (elektronická evidence tržeb in Czech)
X. Terms of delivery
Shipping – ČR:
Order can be send to the buyer with delivery address in the Czech Republic by currently available shipping company the same day for the order made by the end od 12:00 CET. Shipping company will usually deliver the order withing 24 hours. The price of the delivery is determined by the price list of the shipping company in the day of the order.
Shipping – Worldwide
We are able to send your order worldwide. There are two possible ways:
1) You have your own shipping company that you will send for your order. We will prepare your order in our warehouse and will help your shipping company with loading. There may be some additional handling fee.
2) We will arrange the shipping for you. We will try to adapt the price of the shipping to your order. We will make you a price offer for you to authorize. We have experiences with many world carriers and shipping companies and will make sure we can meet your requirements.
The buyer is obligated to check the condition of the shipment together with the carrier immediately upon the delivery. Please check the number of the packages, integrity of the tape with the company logo, any damage that may be caused by the carrier handling. Every piece of needed information will be on enclosed consignment document. As a buyer you are entitled to refuse the package/s that is not in accordance with the purchase contract if the shipment is incomplete or damaged. If you, as a buyer, accept such a damaged or incomplete package from the carrier, it is necessary to write a damage report with the carrier.
Incomplete or damaged package must be immediately reported by email to email@example.com, write a damage report with the carrier and send it without any further delay by fay, email our post to our address. Any additioal claims for incomplete or damaged shipments does not deprive the buyer of the right to complain about the product, but it gives TOMEX the opportunity to prove that this is not a breach of the contract.
XI. Conflict solving
If there is any dispute between the seller (TOMEX) and the consumer, the consumer has the right to an out-of-court settlement. The Czech Trade Inspection Authority is the subject of an out-of-court settlement pursuant to Act. No. 634/1992 Coll., Consumer Protection. All details about this settlement are available on the website of ČOI (Czech Trade Inspection Authority) at www.coi.cz.
XII. Warranty conditions
Warranty conditions are governed by the TOMEX’s Complaints Procedure and the relevant legal regulations issued by the Czech government and law. Please keep your document about the purchase as the warranty guarantee certificate.
XIII. Final provisions
These General Terms and Conditions, including all of their parts, are valid and effective from 18th of January 2021 and cancel previous version of GTC. They are available at the registred office and premises of TOMEX or electronically at www.ventilace.com, www.tomex.cz, www.klimatom.cz and all of their language variations.
In case of any questions regarding terms & conditions or processing of personal data, you can contact us at any time at TOMEX a Novák, s.r.o., Rychnovská 243, Jablonec nad Nisou, 468 01 or electronically at firstname.lastname@example.org.
Thank you for using our services.