Terms and Conditions
These General Terms and Conditions (“Terms”) for the business Patrik Zákostelský, with registered office at Václavská 2069/18, 120 00 Prague, Company ID No.: 75536544, registered in the Trade Register, e-mail info@megax.cz, telephone number +420 720 104 078, billing address: Václavská 2069/18, 120 00 Prague (“We” or the “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase contract (the “Contract”) concluded through the E-shop on the website www.megax.cz.
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here - personal data protection.
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in Czech. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations that arose during the period of effectiveness of the previous version of the Terms.
As you certainly know, we communicate primarily remotely. Therefore, our Contract is also governed by the use of means of distance communication, which allow us to agree with each other without the simultaneous physical presence of us and you, and the Contract is thus concluded remotely in the E-shop environment, through the website interface (the “E-shop web interface”).
If any part of the Terms conflicts with what we have jointly approved during the process of your purchase on our E-shop, that specific agreement will take precedence over the Terms.
## CERTAIN DEFINITIONS
1. Price means the financial amount you will pay for the Goods;
2. Shipping Price means the financial amount you will pay for delivery of the Goods, including the cost of packaging;
3. Total Price means the sum of the Price and the Shipping Price;
4. VAT means value added tax under applicable legal regulations;
5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. Order means your binding proposal to conclude a Contract with us for the purchase of Goods;
7. User Account means an account created on the basis of the data provided by you, which enables storage of the entered data and storage of the history of ordered Goods and concluded Contracts;
8. You means the person shopping on our E-shop, referred to by legal regulations as the buyer;
9. Goods means everything you can purchase on the E-shop.
## General provisions and information
1. The purchase of Goods is possible only through the E-shop web interface.
2. When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful.
3. On our E-shop, we also provide access to product reviews made by other consumers. We ensure and check the authenticity of such reviews by linking reviews to specific orders; therefore, in the internal system we can see the linked order ID for each review and are thus able to verify and prove that the review comes from a real consumer.
## CONCLUSION OF THE CONTRACT
1. A Contract with us can be concluded only in Czech.
2. The Contract is concluded remotely through the E-shop, while the costs of using means of distance communication are borne by you. However, these costs do not differ in any way from the basic rate you pay for using these means (therefore mainly for internet access), so you should not expect any further costs charged by us beyond the Total Price. By sending the Order, you agree that we use means of distance communication.
3. In order for us to conclude the Contract, you must create an Order on the E-shop. The following information must be stated in this proposal:
4. Information about the purchased Goods (on the E-shop you mark the Goods you are interested in purchasing with the “Add to cart” button);
5. Information about the Price, Shipping Price, method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered during creation of the Order in the user environment of the E-shop, while information about the Price, Shipping Price and Total Price will be stated automatically based on the Goods chosen by you, the method of delivery and payment;
6. Your identification and contact details used so that we can deliver the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address.
7. During creation of the Order, you may change and check the data until the Order is completed. After checking, you complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, you must also confirm that you have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to us.
8. We will confirm your Order as soon as possible after it is delivered to us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms in the wording effective on the date of the Order, i.e. in the wording attached to the confirmation e-mail message, form an integral part of the Contract. The Contract between us and you is concluded by confirmation of the Order.
9. There may also be cases where we will not be able to confirm the Order. These are mainly situations where the Goods are not available or cases where you order a larger quantity of Goods than is permitted by us. However, we will always provide you with information about the maximum quantity of Goods in advance within the E-shop and it should therefore not be surprising for you.
If any reason occurs for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you confirm our offer.
10. If an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you for this Price even if you have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded at the moment you confirm our offer.
An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or where a digit is missing or extra.
11. If the Contract is concluded, you incur an obligation to pay the Total Price.
12. If you have a User Account, you may place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is identical to that for a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.
13. In some cases, we allow a discount to be used for the purchase of Goods. In order to provide the discount, you must fill in the discount details in the designated field within the Order proposal. If you do so, the Goods will be provided to you with a discount.
## User Account
1. Based on your registration within the E-shop, you may access your User Account.
2. When registering a User Account, you are obliged to enter all required data correctly and truthfully and to update it in the event of any change.
3. Access to the User Account is secured by a username and password. With regard to these access details, you are obliged to maintain confidentiality and not provide these data to anyone. If they are misused, we bear no liability for this.
4. The User Account is personal, and you are therefore not entitled to allow third parties to use it.
5. We may cancel your User Account, especially if you have not used it for more than 10 years or if you breach your obligations under the Contract.
6. The User Account does not have to be available continuously, especially with regard to necessary maintenance of hardware and software equipment.
## PRICE AND PAYMENT TERMS, RETENTION OF TITLE
1. The Price is always stated within the E-shop, in the Order proposal and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal will apply, which will always be identical to the price in the Contract. The Order proposal also states the Shipping Price or the conditions under which shipping is free.
2. The Total Price is stated including VAT and including all fees established by law.
3. We will require payment of the Total Price from you after conclusion of the Contract and before handover of the Goods. You may pay the Total Price in the following ways:
1. By bank transfer. We will send you payment information within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 14 days.
2. By online card payment. In such a case, payment is made through the Shoptet Pay payment gateway, while the payment is governed by the terms of this payment gateway, which are available at: www.shoptetpay.com. In the case of online card payment, the Total Price is due within 10 days.
3. Cash on delivery. In such a case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
4. The Invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.
5. Ownership of the Goods passes to you only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account; in other cases, it is paid at the moment the payment is made.
## DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THE ITEM
1. The Goods will be delivered to you no later than within 90 days in the manner of your choice, and you may choose from the following options:
1. Personal collection at our establishment listed in the list of establishments;
2. Personal collection at pickup points of Zásilkovna, Balíkovna, PPL and DPD.
3. Delivery through the transport companies Balíkovna, PPL, Zásilkovna and DPD.
2. Goods may be delivered within the Czech Republic, Slovakia, Slovenia, Austria, Poland, Germany, Hungary, Romania, Bulgaria, Belgium, the Netherlands, Denmark, Estonia, Lithuania, Latvia and Switzerland.
3. The delivery time of the Goods always depends on their availability and on the chosen delivery and payment method. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you of the possibility to collect the Goods by e-mail.
4. After receiving the Goods from the carrier, you are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, immediately notify the carrier and us of this fact. If there is a defect in the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.
5. If you breach your obligation to accept the Goods, except for cases under Article 6.4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not withdrawal from the Contract between us and you. In such a case, however, we have the right to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to remuneration from you in the amount of —.
If we decide to withdraw from the Contract, the withdrawal is effective on the day this withdrawal is delivered to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price or the right to compensation for damage, if any has arisen.
6. If, for reasons arising on your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send you payment details for payment of these costs to your e-mail address stated in the Contract and they are due within 14 days of delivery of the e-mail.
7. The risk of damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except for cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to take them over but, for reasons on your side, the takeover did not occur. The passing of the risk of damage to the Goods means for you that from this moment you bear all consequences associated with loss, destruction, damage or any depreciation of the Goods.
8. If the Goods were not listed in the E-shop as in stock and an indicative availability time was stated, we will always inform you in the event of:
1. an extraordinary production outage of the Goods, while we will always inform you of the new expected availability time or of the fact that the Goods cannot be delivered;
2. a delay in delivery of the Goods from our supplier, while we will always inform you of the new expected delivery time.
## RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time the risk of damage to the Goods passes under Article 7 of the Terms, the Goods are free from defects, in particular that the Goods:
1. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
2. are suitable for the purpose for which you require them and with which we agree;
3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
4. are suitable for the purpose for which Goods of this type are usually used;
5. correspond, in quantity, quality and other properties, including durability, functionality, compatibility and safety, to the usual properties of Goods of the same type that you may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially through advertising or labeling;
6. are delivered with accessories, including packaging, assembly instructions and other instructions for use, which you may reasonably expect; and
7. correspond in quality or workmanship to a sample or model that was provided to you before conclusion of the Contract.
2. Rights and obligations concerning rights arising from defective performance are governed by the applicable generally binding legal regulations (especially Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, in particular if any of the conditions under Article 7.1 are not met, you may notify us of such defect and exercise rights arising from defective performance (i.e. make a complaint regarding the Goods) by sending an e-mail or letter to our addresses stated in our identification details. You may also use the sample form provided by us for complaints, which forms Annex No. 1 to the Terms.
When exercising a right arising from defective performance, it is necessary to choose how you want the defect to be resolved, and you may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right arising from defective performance exercised by you.
4. If the Goods have a defect, you have the following rights:
1. to removal of the defect by delivery of new Goods without defect, or by delivery of the missing part of the Goods; or
2. to removal of the defect by repair of the Goods,
5. unless the chosen method of removing the defect is impossible or disproportionately costly compared with the other method, which will be assessed mainly with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.
6. We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.
7. You further have the right to:
1. a reasonable discount from the Price; or
2. withdrawal from the Contract,
8. if:
1. we refuse to remove the defect or do not remove it in accordance with legal regulations;
2. the defect appears repeatedly,
3. the defect constitutes a material breach of the Contract; or
4. it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.
9. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
10. If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
11. A defect in the Goods is not wear and tear caused by ordinary use of the Goods or, in the case of used Goods, wear corresponding to the extent of their previous use.
12. When you make a complaint, we will issue you a written confirmation stating:
1. the date on which you made the complaint;
2. what the complaint contains;
3. what method of handling the complaint you request;
4. your contact details for the purpose of providing information about the handling of the complaint.
13. Unless we agree on a longer period, within 30 days of receiving the complaint we will remove the defects and provide you with information about the handling of the complaint to the stated contact details. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.
14. We will inform you about the handling of the complaint by e-mail and issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of costs reasonably incurred. You are obliged to prove these costs, for example by receipts or confirmations of the shipping price. If the defect has been removed by delivery of new Goods, you are obliged to return the original Goods to us; however, we bear the costs of this return.
15. If you are an entrepreneur, you are obliged to notify and complain about the defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.
16. If you are a consumer, you have the right to exercise rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
## Withdrawal from the Contract
1. Withdrawal from the Contract, i.e. termination of the contractual relationship between us and you from its beginning, may occur for the reasons and in the ways stated in this article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
2. If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or, if it concerns the purchase of goods, within fourteen days from their receipt.
If we have concluded a Contract whose subject is several pieces of Goods or delivery of several parts of Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins on the day of delivery of the first delivery.
3. You may withdraw from the Contract by any provable means (especially by sending an e-mail or letter to our addresses stated in our identification details). You may also use the sample form provided by us for withdrawal, which forms Annex No. 2 to the Terms.
4. Even as a consumer, however, you may not withdraw from the Contract in cases where the subject of the Contract is performance listed in Section 1837 of the Civil Code.
5. The withdrawal period under Article 2 of the Terms is considered maintained if you send us notice during that period that you are withdrawing from the Contract.
6. In the event of withdrawal from the Contract under Article 2 of the Terms, 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. Conversely, you are entitled to have us refund the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for delivery of the Goods.
In the event of withdrawal due to our breach of the concluded Contract, we also pay the costs associated with returning the goods to us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
7. 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 chosen in the withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods or before you prove to us that they have been sent back to us. Please return the Goods to us clean and, if possible, including the original packaging.
8. In the event of withdrawal from the Contract under Article 2 of the Terms, you are liable to us for any reduction in the value of the Goods that arose as a result of handling these goods in a manner other than necessary to become acquainted with the nature, properties and functionality of the Goods, i.e. in the manner in which you would become acquainted with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off the claim arising from the costs against your claim for refund of the Price.
9. 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 (especially reasons on the side of third parties or reasons consisting in the nature of the Goods), even before expiry of the period stated in Article 9 of the Terms. We may also withdraw from the Contract if it is obvious that you intentionally stated 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.
## Resolution of consumer disputes
1. In relation to buyers, we are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
2. We handle consumer complaints through the e-mail address info@megax.cz. We will send information about the handling of the complaint to the buyer’s e-mail address.
3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase contract concluded by electronic means.
4. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: 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).
## Final provisions
1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, your rights arising from legal regulations are not affected by this arrangement.
2. We will deliver all written correspondence to you by electronic mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.
3. The Contract may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; this change will not affect Contracts already concluded, but only Contracts that will be concluded after the effectiveness of this change.
However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods; however, the change does not establish a right of termination because we do not have a Contract that could be terminated), or if, on the basis of the Contract, we are to deliver Goods to you regularly and repeatedly. We will send information about the change to your e-mail address at least 14 days before the effectiveness of this change.
If within 14 days from sending the information about the change we do not receive from you a notice of termination of the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. If you submit a notice of termination, the notice period is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for more than 10 days, both we and you have the right to withdraw from the Contract.
5. The Terms include a sample complaint form and a sample withdrawal form as annexes.
6. The Contract, including the Terms, is archived by us in electronic form but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore always have access to the Contract even without our cooperation. We recommend always saving the Order confirmation and the Terms.
7. These Terms become effective on 23 March 2026.
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## Annex No. 1 – Complaint form
reklamacni_formular.docx
## Annex No. 2 – Withdrawal from the Contract
odstoupeni_od_smlouvy_formular.docx
