Terms and Conditions of Sale and Complaints

These terms and conditions are exclusively intended for online sales of goods to consumers.

Buyer:
For the purposes of these terms and conditions, the buyer is considered a consumer, i.e., a person who, unlike the seller, does not act in the course of their business activities or self-employment when entering into and fulfilling a contract (hereinafter referred to as "buyer").

Seller:
For the purposes of these terms and conditions, the seller is considered an entrepreneur who, unlike the buyer, acts in the course of their business activities or self-employment when entering into and fulfilling a contract (hereinafter referred to as "seller").
Civil Code (OZ):
Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "OZ").

1. Seller’s Contact Information
E-shop Name: www.sixtol.cz
Operator: Torriacars s.r.o.
Registered Office: Nádražní 12, Žandov, 47107
Company ID: 28723163
VAT ID: CZ28723163
Registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 28782

Phone: +420 734 653 280
Email: info@sixtol.com

Contact Address: Nádražní 12, Žandov, 47107
List of Branches: Nádražní 12, Žandov, 47107
Opening Hours: Mon - Fri 08:00 - 15:00 (lunch break: 11:00 - 12:00)

Code of Conduct:
The seller is not bound by any codes of conduct in relation to the buyer as defined by Section 1820(1)(n) of the Civil Code.

The seller does not provide post-sales service.

Contact details can be checked here.

2. Information
Information about the purchased goods is available with each individual product. The information about the goods and prices provided by the seller is binding, except in cases of obvious error. Prices are presented including all taxes (e.g., VAT) and fees, except for the costs of delivering the goods.

The costs of using remote communication tools do not differ from the basic rate paid by the buyer for using these tools.

Payment Methods:
1. Online card payment in advance (if the buyer chooses this option, the shopping cart will direct them to the bank for online card payment in advance),

Online payments for us are handled by the payment gateway Comgate. Service provider, Comgate a.s. is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. Further information and contacts at www.comgate.cz.

The seller does not charge any fees depending on the method of payment.
Acceptance of an offer with an amendment or deviation is not an acceptance of the offer.

A confirmation of the content of a contract concluded in a form other than written, which shows deviations from the actually agreed content of the contract, has no legal effect.

The acceptance of unsolicited performance by the buyer does not constitute acceptance of the offer.

If the seller provides access to reviews of the sold goods made by other buyers, the seller ensures and verifies the authenticity of such reviews by linking the reviews to specific orders, thus being able to verify and prove that the reviews come from real buyers. The seller will inform the buyer about the specific method of verifying reviews on the e-shop's website.

3. Delivery of Goods
A purchase contract between the buyer and the seller can only be concluded in the Czech language.
To conclude the contract, the buyer must create an order on the seller's e-shop. The order can be created as follows:
After selecting the goods on the seller's e-shop, where the statutory information about the purchased goods is provided, the buyer selects the respective goods of interest by clicking the "Add to cart" button. Information on the price of the goods, shipping costs, and the payment method will be provided during the order creation process, where the buyer will choose the shipping method and payment method. The total price will be displayed in the summary before submitting the order, based on the selected goods, the chosen delivery method, and the payment.
During the order process, the buyer will enter their identification and contact details.
The order can be modified, supplemented, and checked until the point of its completion. After checking and confirming the understanding and agreement with these terms and conditions, the order can be completed by clicking the "Order with obligation to pay" button.
By completing the order, the buyer expressly agrees to pay for the goods.
The seller will confirm the order to the buyer via email as soon as possible after the seller has received the order. Attached to this order confirmation will be a summary of the order and these terms and conditions, as effective on the date of the order, which form an integral part of the purchase contract.
The seller will provide the buyer with a confirmation of the contract in text form within a reasonable time after its conclusion, but no later than at the time of delivery of the goods.
If necessary, given the nature of the goods sold, the method, and duration of their use, the seller is obliged to ensure that this information is included in the attached written instructions and that it is provided in an understandable manner.
In such cases, the seller will provide the buyer with instructions for the goods on a durable data carrier. A printed version of the instructions will be provided by the seller to the buyer upon request,
unless it is unreasonable considering the circumstances, the method of contract conclusion, or the characteristics of the goods sold.
The seller will dispatch the complete goods to the buyer without undue delay, no later than 15 days after confirming the order, and in such a way that the goods are delivered to the buyer no later than 30 days unless a different delivery time is specified for the individual goods. If the goods are marked as "in stock," the seller will dispatch the goods no later than within two working days. In the case of advance payment, the goods will be dispatched only after the payment has been credited to the seller's account.
The buyer is obligated to receive and pay for the goods. The buyer is recommended to check the goods as soon as possible after receiving them.
Documents related to the goods, especially the tax document, confirmation, and certificates, will be sent by the seller to the buyer immediately after the receipt of the goods, and no later than two days after the buyer receives the goods.
The ownership rights to the goods are transferred to the buyer upon receipt and full payment of the goods' total price. In the case of bank transfer payments, the total price is considered paid when credited to the seller's account; in other cases, it is considered paid at the time of the actual payment.
The risk of damage to the goods is transferred to the buyer at the moment of receipt of the goods. In the case of the buyer’s failure to collect the goods, except in the case of refusal due to visible damage to the goods, the risk of damage to the goods passes to the buyer at the moment when they had the opportunity to take delivery but failed to do so due to reasons attributable to the buyer.
If the buyer does not collect the goods within the agreed time due to a breach of their obligation, they are required to pay the seller a storage fee of 10 CZK per day of delay, up to a maximum of 300 CZK. The seller is entitled to sell the goods in a suitable manner after notifying the buyer via email and providing a new reasonable deadline for collection. The seller is entitled to offset storage costs and the costs of unsuccessful delivery due to the buyer's lack of cooperation against the sale proceeds.
If the buyer fails to collect the goods, the seller is entitled to request reimbursement for the costs of repeated delivery upon the buyer’s request. Additionally, if payment upon receipt has been chosen or for any subsequent order made by the buyer on this e-shop, the seller may require advance payment from such a buyer.

4. Order Cancellation and Withdrawal from the Contract
The buyer may withdraw from the contract by making an unequivocal statement to the seller within 14 days of receiving the goods, or the last item of goods (if more items of goods are delivered separately as part of one order), or the item or part of the delivery (if the goods consist of several items or parts), or the first delivery of regularly or repeatedly delivered goods, regardless of how the goods were received or the payment was made. This period is intended for the buyer to familiarize themselves with the nature, properties, and functionality of the goods to a reasonable extent.
The buyer is also entitled to withdraw from the contract at any time before the delivery of the goods.

The buyer shall send or deliver the withdrawal from the contract to the seller within the 14-day period. The buyer is not required to state the reason for withdrawing from the contract. To facilitate
communication, it is recommended that the buyer include the date of purchase or the contract/invoice number, bank details, and the chosen method for returning the goods.
The seller is obliged to refund the amount corresponding to the price of the goods and the paid delivery costs without undue delay, no later than 14 days after the buyer's withdrawal from the contract, and in the same manner in which the payment was received from the buyer. If the seller offers several options for delivering the goods, the seller is required to refund the buyer for the least expensive one. In cases where the goods were delivered to the buyer free of charge, the buyer is not entitled to reimbursement for shipping costs. No later than within the same period, the buyer is required to send or deliver the purchased goods to the seller unless the seller has offered to collect the goods themselves. The goods should be returned to the seller (not cash on delivery) complete and preferably in the original packaging.
The buyer is responsible for any reduction in the value of the goods resulting from handling the goods in a way other than what is necessary to familiarize themselves with the nature, properties, and functionality of the goods. The costs of returning the goods are borne by the buyer.
The seller is not obligated to return the received funds to the buyer before receiving the goods or until the buyer proves that the goods have been sent to the seller.
If the returned goods have decreased in value due to handling other than what is necessary to familiarize oneself with the nature, properties, and functionality of the goods, the seller is entitled to claim compensation for the reduction in value from the buyer and offset it against the refunded amount.
Exceptions:
The buyer cannot withdraw from the contract in the cases listed in Section 1837 of the Civil Code, particularly in the following contracts:
• For the supply of digital content that is not delivered on a tangible medium, once the performance has begun, if the performance is for a fee, provided that it began with the prior express consent of the buyer before the withdrawal period expired, and the buyer was informed that this would result in the loss of the right to withdraw, and the seller has provided confirmation under the law;
• For the provision of services, once they have been fully provided, in the case of performance for a fee, only if the performance began with the prior express consent of the buyer before the withdrawal period expired, and the entrepreneur informed the buyer before concluding the contract that the right to withdraw would be lost upon full performance;
• For the delivery of goods or services whose price depends on fluctuations in the financial market beyond the seller's control, which may occur during the withdrawal period;
• For the delivery of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which cannot be delivered until after 30 days, and their actual value depends on market fluctuations beyond the seller's control;
• For the supply of goods made to the buyer’s specifications or clearly personalized;
• For the delivery of perishable goods or goods with a short shelf life;
• For the delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature;
• For the delivery of sealed goods which, for health protection or hygiene reasons, are not suitable for return after the seal has been broken by the buyer;
• For the supply of audio or video recordings or computer software in sealed packaging if the buyer has broken the seal.
• For the delivery of newspapers, magazines, or periodicals, except for subscription contracts for their delivery;

A template for the contract withdrawal form is available HERE:

The seller is entitled to withdraw from the contract at any time before the delivery of the goods if, due to reasons attributable to third parties, they are objectively unable to deliver the goods to the buyer within a timeframe reasonable under the circumstances and/or if it becomes apparent that the buyer has violated a previously concluded contract with the seller.
The seller also informs the buyer that the contract is not concluded if there are legitimate doubts about the buyer's true identity or in the case of obvious errors in the provided information about the goods or price.
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition that, in the event of the buyer's withdrawal from the purchase contract under this section of the terms and conditions, the gift agreement will lose its effectiveness, and the buyer is obliged to return the provided gift to the seller along with the goods.

5. Rights and Obligations from Defective Performance
Quality upon Receipt
If the received goods have defects (e.g., they do not have the agreed or reasonably expected properties, are not suitable for the usual or agreed purpose, are incomplete, do not correspond to the quantity, size, or quality, or do not meet other legal, contractual, or pre-contractual parameters), these are defects for which the seller is liable.
The buyer may claim a free remedy for defects or a reasonable discount on the price from the seller within two years of receiving the goods, depending on their request. If the nature of the defect is disproportionate (especially if the defect cannot be remedied without undue delay), the buyer may request the delivery of a new item without defects or a new part without defects if the defect concerns only that part.
If repair or replacement is not possible, the buyer may request a full refund by withdrawing from the contract.
For six months after receiving the goods, it is presumed that the defect existed at the time of receipt of the goods.
The seller is not obligated to satisfy the buyer's claim if they can prove that the buyer was aware of the defect before receiving the goods or that the buyer caused the defect themselves.
For second-hand goods, the seller is not responsible for defects corresponding to the degree of previous use or wear and tear. For items sold at a reduced price, the seller is not liable for defects for which the lower price was agreed upon. In these cases, instead of a right to replacement, the buyer has the right to a reasonable discount.
Statutory Rights from Defects
The seller is liable for defects that arise after the receipt of the goods within the 24-month warranty period or the period of usability stated in the advertisement, on the packaging, or in the accompanying instructions.

For a buyer who is not a consumer, the seller is liable for defects that arise after the receipt of the goods for a period of 12 months.

Within this period, the buyer may file a complaint and, at their discretion, request, in the case of a
defect constituting a substantial breach of the contract (regardless of whether the defect is repairable or not):
• Remedy of the defect by delivering a new item without defects or delivering a missing item;
• Free remedy of the defect by repair;
• An appropriate discount from the purchase price; or
• A refund of the purchase price based on withdrawal from the contract.

A substantial breach of contract is one in which the breaching party knew or should have known at the time the contract was made that the other party would not have entered into the contract if they had foreseen the breach.
In the case of a defect constituting an insubstantial breach of contract (regardless of whether the defect is repairable or not), the buyer is entitled to remedy of the defect or an appropriate discount from the purchase price.
If a repairable defect recurs after repair (third complaint for the same defect or fourth for different defects), or if the goods have a greater number of defects (at least three defects at once), the buyer may request a discount from the purchase price, exchange of the goods, or withdraw from the contract.
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.

6. Handling Complaints
The buyer should file a complaint with the seller or the person designated for repairs without undue delay upon discovering the defect. When filing a complaint, the buyer should provide their contact information, a description of the defect, and their preferred method of resolving the complaint.
A complaint form can be downloaded here.
If the seller has a physical store, they will ensure the presence of an employee authorized to handle complaints during the store's entire operating hours.
The buyer is obliged to prove the purchase of the goods (ideally with a purchase receipt). The period for resolving the complaint begins from the moment the complaint is filed (reported). The buyer should hand over or deliver the goods to the seller or to the designated repair location either at the time of filing the complaint or afterwards. The goods should be packed appropriately for transport to prevent damage, and should be clean and complete.
When a complaint is filed, the seller will issue the buyer a written confirmation stating the date the complaint was filed, the content of the complaint, the buyer’s requested method of resolving the complaint, and the buyer’s contact information for the purpose of providing information on the resolution of the complaint. This obligation also applies to other persons designated to perform the repair.
The seller will remedy the defect within a reasonable time after it has been pointed out so as not to cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. The seller will resolve the complaint, including remedying the defect, and inform the buyer of the resolution via the provided contact details no later than 30 days after the complaint is filed, unless a longer period is agreed upon in writing with the buyer. If the seller does not resolve the complaint within the specified time, including notifying the buyer of the resolution, the buyer is entitled to withdraw from the contract or request an appropriate discount.

If the obligation involves the provision of digital content, including digital content delivered on a physical medium, or a digital content service, the complaint must be resolved within a reasonable time, considering the nature of the digital content or service and the purpose for which the buyer required it.
If the seller refuses to remedy the defect, and/or does not remedy it according to § 2170 paragraphs 1 and 2 of the Civil Code, and/or it is clear from the seller’s statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer, the buyer may request an appropriate discount from the price or withdraw from the contract. However, the buyer may not withdraw from the contract if the defect is insignificant; it is presumed that the defect is not insignificant.
The period for exercising the right to defective performance is extended by the time during which the buyer could not use the goods due to a legitimate complaint.
For a legitimate complaint, the buyer is entitled to reimbursement of the necessary expenses incurred.
The seller shall issue the buyer a confirmation of the date and method of resolving the complaint, including confirmation of the repair and the duration of the repair, or a written explanation for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
In the event of a complaint, it is advisable for the buyer to inform the seller via the email address info@sixtol.com before sending the goods for a complaint. The seller will offer the buyer a special hassle-free service so that the buyer does not have to incur any financial costs.

7. Protection of Personal Data
The controller of the personal data provided for the purpose of fulfilling the contract is the seller.
Identification and contact details of the controller
Torriacars s.r.o.
Nádražní 12, Žandov, 47107
Company ID: 28723163
VAT ID: CZ28723163
Phone: +420 734 653 280
E-mail: info@sixtol.com
Contact address: Nádražní 12, Žandov, 47107
Purpose of processing, scope of personal data, and legal basis for processing
The buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent fulfillment (order processing, warehousing, and delivery of goods), and any potential warranty claims, the controller will process and store, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR), the buyer’s personal data to the following extent: name, surname, address, email, and phone number.
The legal basis for processing personal data is, in accordance with Article 6(1)(b) of the GDPR, the performance of the contract to which the buyer is a party.

Categories of Recipients of Personal Data
The controller undertakes not to provide the buyer's personal data to other entities except for the following processors/controllers: a) The contracted carrier chosen by the buyer in the order form for the purpose of delivering the goods, whereby the data will be provided to the following extent: name, surname, address, email, telephone number; b) The operator of the Heureka.cz portal for the purpose of generating and sending satisfaction surveys as part of the "Verified by Customers" program, in which the online store participates. The legal basis for processing in this case is, in accordance with Article 6(1)(f) of the GDPR, the legitimate interest of the controller, which consists in determining the buyer's satisfaction with the purchase from the controller. These surveys are sent to all buyers who have not opted out of receiving commercial communications under Section 7(3) of the Act on Certain Information Society Services (Act No. 480/2004 Coll.) and are conducted after every purchase made in the online store. The operator of Heureka.cz is authorized to use the provided email address solely for generating and sending satisfaction surveys under the terms of the "Verified by Customers" program available here: sluzby.heureka.cz/napoveda/podminky-a-dulezite-dokumenty/. Buyers can object to receiving satisfaction surveys at any time by using the unsubscribe link in the survey email. If an objection is raised, no further surveys will be sent. c) The operator of the Zbozi.cz portal, Seznam.cz, a.s., for the purpose of generating and sending customer satisfaction surveys. The legal basis for processing in this case is, in accordance with Article 6(1)(f) of the GDPR, the legitimate interest of the controller, which consists in determining the buyer's satisfaction with the purchase from the controller. Surveys are sent to all buyers who have not opted out of receiving commercial communications under Section 7(3) of the Act on Certain Information Society Services (Act No. 480/2004 Coll.) and are conducted after every purchase made in the online store. The operator of Zbozi.cz is authorized to use the provided email address solely for generating and sending satisfaction surveys under the terms available here: https://napoveda.zbozi.cz/vzor-dohody-o-zpracovani-osobnich-udaju/. Buyers can object to receiving satisfaction surveys at any time by using the unsubscribe link in the survey email. If an objection is raised, no further surveys will be sent. d) The card issuer, in case of payment by card, for the purpose of a possible TRA (Transaction Risk Analysis) exception, which allows for a simplified purchase process, and based on the seller's legitimate interest in processing the transaction, whereby data may be provided to the following extent: name, surname, email, telephone number, billing address, delivery address.

Retention Period
Personal data will be retained by the controller for the time necessary to fulfill the contract (order processing, warehousing, and delivery of goods) and further for the duration of the statutory warranty (24 months from the receipt of the goods) or for the duration of any contractual warranty provided.
The buyer acknowledges that the controller is obliged under Section 31 of the Accounting Act (Act No. 593/1991 Coll.) to retain accounting documents and records (invoices) for a period of 5 years, starting from the end of the accounting period to which they relate (this means, if you purchase goods in 2023, the invoice must be kept until the end of 2028). The controller is also obliged under Section 47 of the Tax Administration Act (Act No. 337/1992 Coll.) to retain the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (this means, if you purchase goods in 2023, the invoice must be retained for tax purposes until the end of 2026). The invoice contains the following personal data: name, surname, and address.

In the event that the seller is a VAT payer, the buyer also acknowledges that the controller is obliged under Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) to retain tax documents for 10 years from the end of the tax period in which the transaction took place (this means that, if you purchase goods in 2023, the invoice must be kept until the end of 2033). The tax document contains the following personal data: name, surname, and address.
Buyer's Rights Regarding Personal Data
The buyer also acknowledges that, in accordance with Articles 15 to 21 of the GDPR, they have the right to:
a) Access Personal Data, which includes the right to obtain confirmation from the controller as to whether personal data concerning them is being processed, and if so, the right to access that data and the information specified in Article 15 of the GDPR;
b) Rectification of Inaccurate Personal Data, with the right to have incomplete personal data completed, including by providing a supplementary statement, taking into account the purposes of the processing in accordance with Article 16 of the GDPR;
c) Erasure ("the Right to be Forgotten"), where the controller must erase personal data concerning the buyer without undue delay when it is no longer necessary for the purposes of fulfilling the contract, provided there is no other legal basis for further processing;
d) Restriction of Processing in the cases outlined in Article 18 of the GDPR;
e) Data Portability under the conditions laid out in Article 20 of the GDPR;
f) Object to the Processing of personal data in accordance with Article 21 of the GDPR.
The controller will provide the buyer with information on the measures taken in response to their request within one month of receiving the request.
If there are doubts regarding the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and file a complaint.
 
8. Dispute Resolution
Mutual disputes between the seller and the buyer are resolved by general courts.
The buyer, who is a consumer, has the right to out-of-court resolution of consumer disputes arising from the purchase contract or service provision contract under the Consumer Protection Act (No. 634/1992 Coll.). The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority. Further information is available on the website www.coi.cz.
Out-of-court consumer dispute resolution is initiated exclusively at the consumer's request and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than one year from the day when the consumer first exercised their right, which is the subject of the dispute, with the seller.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
The buyer may also contact dTest, o.p.s., for advice regarding their consumer rights.
Through www.dtest.cz/poradna or by phone at 299 149 009.
The supervision of compliance with obligations under the Consumer Protection Act (Act No. 634/1992 Coll.) is carried out by the Czech Trade Inspection Authority (www.coi.cz).

9. Other Provisions
The buyer, for the purposes of these terms and conditions, refers to a consumer, who is a person that, unlike the seller, does not act within the scope of their business activity or within the independent exercise of their profession when concluding and fulfilling the contract.
The seller, for the purposes of these terms and conditions, refers to a business entity that, unlike the buyer, acts within the scope of its business activity or within the independent exercise of its profession when concluding and fulfilling the contract.
Take-back of Electrical Appliances
The seller ensures the take-back of household electrical equipment and the separate collection of electronic waste, batteries, and accumulators in accordance with the applicable legal regulations. The customer is entitled to return old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at the seller’s place of business.
The customer is also entitled to return electrical equipment, electronic waste, batteries, or accumulators at collection points designated for the collection of such waste in the relevant municipality.
The seller further ensures free take-back of electrical equipment from households directly at the customer's home if the customer orders goods of a similar type and use. The take-back applies to electrical equipment in quantities corresponding to the ordered goods.
Electrical equipment, electronic waste, batteries, or accumulators must not be disposed of with mixed waste but must be placed at designated collection points, such as collection yards or specified return points, as mentioned above. The equipment and waste will be reused for the production of new devices. Hazardous and harmful substances from these devices and waste may damage the environment or human health.
Matters not addressed herein are governed by the Civil Code (Act No. 89/2012 Coll.), the Consumer Protection Act (Act No. 634/1992 Coll.), and other legal regulations, as amended.
The contract and related issues are governed by Czech law.
Changes to the terms and conditions in any form other than mutually agreed in writing are excluded.
These terms and conditions are effective from January 1, 2024.
These terms and conditions apply to the purchase of goods within the Czech Republic. For other EU member states, the conditions are set individually after prior agreement.