Terms of service

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (“Terms”) of Jakub Páleník, with registered office at Prostějov, Francouzská 4105/1, 796 01, Czech Republic, Company ID No. 19234597, registered in the Trade Register under file no. PVMU 66149/2023 30 maintained by the Municipality of Prostějov, email: minimortar.info@gmail.com, business premises address: Prostějov, Francouzská 4105/1, 796 01 (“we”, “us”, “our”, or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded through the online store on the website www.minimortar.com.

All information regarding the processing of your personal data is included in the Privacy Policy, which can be found here: https://minimortar.com/policies/privacy-policy.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are prepared in the Czech language. We may unilaterally amend or supplement the wording of these Terms. This provision does not affect any rights and obligations arising during the effective period of the previous version of the Terms.

As you are certainly aware, our communication primarily takes place remotely. Therefore, our Agreement is also concluded using means of distance communication, which allow us to agree without the simultaneous physical presence of both parties. The Agreement is therefore concluded remotely in the environment of the online store, through the website interface of the online store (“E-shop Interface”).

If any part of these Terms conflicts with what we have jointly agreed upon during the purchase process on our online store, that specific agreement shall take precedence over these Terms.

1. CERTAIN DEFINITIONS

Price means the financial amount you will pay for the Goods.

Shipping Price means the financial amount you will pay for the delivery of the Goods, including packaging costs.

Total Price means the sum of the Price and the Shipping Price.

VAT means value added tax in accordance with applicable legal regulations.

Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price.

Order means your binding proposal to conclude an Agreement for the purchase of Goods with us.

User Account means an account created on the basis of the information provided by you, which allows the storage of entered data and the history of ordered Goods and concluded Agreements.

You means the person shopping on our online store, legally referred to as the buyer.

Goods means everything that can be purchased on the online store.

1. GENERAL PROVISIONS AND INFORMATION

The purchase of Goods is only possible through the E-shop Interface.

When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provide in the Order to be correct and truthful.

On our online store, we also provide access to product reviews made by other consumers. We ensure and verify the authenticity of such reviews by linking reviews to specific orders. Therefore, in our internal system, each review is linked to an order ID, allowing us to verify and prove that the review comes from a real consumer.

1. CONCLUSION OF THE AGREEMENT

The Agreement with us may only be concluded in the Czech language.

The Agreement is concluded remotely through the online store, and you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for using such means, especially internet access. Therefore, you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.

In order for us to conclude the Agreement, you must create an Order on the online store. This proposal must include the following information:

Information about the Goods being purchased. On the online store, you select the Goods you wish to purchase by clicking the “Add to Cart” button.

Information about the Price, Shipping Price, payment method for the Total Price, and the required method of delivery of the Goods. This information will be entered during the creation of the Order within the user environment of the online store. Information about the Price, Shipping Price, and Total Price will be displayed automatically based on the Goods you select and the chosen delivery and payment method.

Your identification and contact details required for us to deliver the Goods, in particular your first name, surname, delivery address, telephone number, and email address.

During the creation of the Order, you may change and check the entered information until the Order is completed. After checking the information, you complete the Order by clicking the “Order with Obligation to Pay” button. Before clicking this button, you must also confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. This confirmation and consent are provided by ticking the relevant checkbox. After clicking the “Order with Obligation to Pay” button, all completed information will be sent directly to us.

We will confirm your Order as soon as possible after receiving it by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email. The Terms in effect on the date of the Order, i.e. the version attached to the confirmation email, form an integral part of the Agreement. The Agreement between you and us is concluded upon confirmation of the Order.

There may be cases in which we are unable to confirm your Order. This includes, in particular, situations where the Goods are unavailable or where you order a larger quantity of Goods than we allow. However, information about the maximum quantity of Goods will always be provided to you in advance within the online store and should therefore not come as a surprise. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded at the moment you accept our offer.

If an obviously incorrect Price is displayed within the online store or in the Order, we are not obliged to deliver the Goods to you at that Price, even if you have received an Order confirmation and the Agreement has therefore been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded at the moment you accept our offer. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers, or where a digit is missing or added.

Once the Agreement is concluded, you become obliged to pay the Total Price.

If you have created a User Account, you may place an Order through it. Even in such a case, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled information. The method of creating the Order is the same as in the case of a buyer without a User Account, with the advantage that you do not have to repeatedly enter your identification details.

In some cases, we allow the use of a discount for the purchase of Goods. In order for a discount to be applied, you must enter the discount information in the designated field during the Order proposal. If you do so, the Goods will be provided to you with the discount.

1. USER ACCOUNT

Based on your registration within the online store, you may access your User Account.

When registering a User Account, you are obliged to provide all entered information correctly and truthfully and to update it in the event of any change.

Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access details and not provide them to anyone. If they are misused, we shall not be liable for such misuse.

The User Account is personal, and you are therefore not entitled to allow third parties to use it.

We may cancel your User Account, especially if you do not use it for more than one year or if you breach your obligations under the Agreement.

The User Account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

1. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always stated within the online store, in the Order proposal, and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods within the online store and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the Price in the Agreement. The Order proposal also states the Shipping Price, or the conditions under which shipping is free.

The Total Price is stated including VAT and all fees required by law.

We will require payment of the Total Price after the conclusion of the Agreement and before the Goods are handed over. You may pay the Total Price in the following ways:

By card online. In such a case, payment is made through the payment gateways Shop Pay, Apple Pay, Google Pay, and PayPal, and the payment is governed by the terms and conditions of these payment gateways, which are available at: [TO BE COMPLETED]. In the case of online card payment, the Total Price is due within [TO BE COMPLETED].

In cash upon personal collection. Cash payment is possible when collecting the Goods at our business premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.

The invoice will be issued electronically after payment of the Total Price and will be sent to your email address and made available in your User Account.

Ownership of the Goods passes to you only after you have paid the Total Price and received the Goods. In the case of payment by bank transfer, the Total Price is paid when it is credited to our account. In other cases, it is paid at the moment the payment is made.

1. DELIVERY OF GOODS AND TRANSFER OF RISK OF DAMAGE

The Goods will be delivered to you no later than within 20 business days using the method of your choice, and you may choose from the following options:

Personal collection at our business premises listed in the list of premises.

Delivery through shipping companies such as Česká pošta, PPL CZ, DHL, or Zásilkovna.

The Goods may only be delivered within the Czech Republic and the Slovak Republic.

The delivery time of the Goods always depends on their availability and the selected delivery and payment method. The estimated 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 our business premises, we will always inform you by email when the Goods are ready for collection.

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 both the carrier and us. If the packaging is damaged in a way that indicates unauthorized handling or opening of the shipment, you are not obliged to accept the Goods from the carrier.

If you breach your obligation to accept the Goods, except in cases under Article 6.4 of these Terms, this does not constitute a breach of our obligation to deliver the Goods to you. At the same time, failure to accept the Goods does not constitute withdrawal from the Agreement between you and us. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement, or to store the Goods, for which we are entitled to receive from you a fee equal to the price of the product. If we decide to withdraw from the Agreement, the withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Agreement does not affect our right to payment of the Shipping Price or our right to compensation for damages, if any have arisen.

If, for reasons on your side, the Goods are delivered repeatedly or in a different way than agreed in the Agreement, you are obliged to reimburse us for the costs associated with such repeated delivery. We will send the payment details for these costs to the email address specified in the Agreement, and they are due within 14 days of delivery of the email.

The risk of damage to the Goods passes to you at the moment you accept them. If you do not accept the Goods, except in cases under Article 6.4 of these Terms, the risk of damage to the Goods passes to you at the moment you had the opportunity to accept them but failed to do so for reasons on your side. The transfer of the risk of damage to the Goods means that from that moment, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

If the Goods were not listed as in stock on the online store and an estimated availability period was provided, we will always inform you in the event of:

an extraordinary disruption in the production of the Goods, in which case we will always provide you with a new expected availability date or information that the Goods cannot be delivered;

a delay in the delivery of the Goods from our supplier, in which case we will always provide you with a new expected delivery date.

1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that at the time the risk of damage to the Goods passes in accordance with Article 6.7 of these Terms, the Goods are free from defects, in particular that the Goods:

correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed characteristics;

are suitable for the purpose for which you require them and to which we agree;

are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;

are suitable for the purpose for which Goods of this type are usually used;

correspond in quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, to the usual characteristics of Goods of the same type that you may reasonably expect, including with regard to public statements made by us or another person in the same contractual chain, especially through advertising or labeling;

are supplied with accessories, including packaging, assembly instructions, and other instructions for use that you may reasonably expect; and

correspond in quality or design to the sample or model provided to you before the conclusion of the Agreement.

Rights and obligations regarding rights arising from defective performance are governed by the applicable generally binding legal regulations, in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

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 your rights arising from defective performance, i.e. make a complaint, by sending an email or letter to our addresses listed in our identification details. You may also use the complaint form provided by us, which forms Annex No. 1 to these Terms. When exercising your rights arising from defective performance, you must choose how you want the defect to be resolved. You may not subsequently change this choice without our consent. We will handle the complaint in accordance with the right arising from defective performance that you have exercised.

If the Goods have a defect, you have the following rights:

the right to have the defect removed by delivery of new Goods without defects or by delivery of the missing part of the Goods; or

the right to have the defect removed by repair of the Goods,

unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method, taking into account in particular 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 inconvenience to you.

We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.

You also have the right to:

a reasonable discount from the Price; or

withdrawal from the Agreement,

if:

we refuse to remove the defect or fail to remove it in accordance with legal regulations;

the defect occurs repeatedly;

the defect constitutes a material breach of the Agreement; or

it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.

The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.

If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.

Wear and tear caused by normal use of the Goods, or, in the case of used Goods, wear and tear corresponding to the extent of previous use, is not considered a defect in the Goods.

When you make a complaint, we will issue you a written confirmation stating:

the date on which you made the complaint;

the content of the complaint;

the method of complaint resolution you request;

your contact details for the purpose of providing information about the handling of the complaint.

Unless we agree on a longer period, we will remove the defects and provide you with information about the handling of the complaint within 30 days of receiving the complaint, using the contact details provided. If this period expires without result, you may withdraw from the Agreement or request a reasonable discount.

We will inform you about the handling of the complaint by email and issue you a confirmation of the date and method of complaint resolution. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, for example with receipts or confirmations of shipping costs. If the defect has been removed by delivery of new Goods, you are obliged to return the original Goods to us; however, we will cover the costs of such return.

If you are an entrepreneur, you are obliged to notify and claim the defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.

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.

1. WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement, meaning the termination of the contractual relationship between you and us from the beginning, may occur for the reasons and in the ways stated in this Article, or in other provisions of these Terms where the possibility of withdrawal is expressly stated.

If you are a consumer, meaning a person purchasing Goods outside the scope of your business activities, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving a reason within 14 days from the date of conclusion of the Agreement, or, in the case of the purchase of Goods, within 14 days from receiving the Goods. If we have concluded an Agreement whose subject is several items of Goods or the delivery of several parts of Goods, this period begins only on the day of delivery of the last item or part of the Goods. If we have concluded an Agreement under which we will deliver Goods to you regularly and repeatedly, the period begins on the day of delivery of the first delivery.

You may withdraw from the Agreement in any demonstrable manner, especially by sending an email or letter to our addresses listed in our identification details. You may also use the withdrawal form provided by us, which forms Annex No. 2 to these Terms.

Even as a consumer, you may not withdraw from the Agreement in cases where the subject of the Agreement is performance listed in Section 1837 of the Civil Code.

The withdrawal period under Article 8.2 of these Terms is considered preserved if you send us a notice of withdrawal during that period.

In the event of withdrawal from the Agreement under Article 8.2 of these Terms, you are obliged to send the Goods back to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. You are, on the other hand, entitled to have us refund the Shipping Price, but only in an amount corresponding to the cheapest delivery method we offered for delivery of the Goods. In the event of withdrawal due to our breach of the concluded Agreement, we will also cover the costs associated with returning the Goods to us, but again only up to the amount of the Shipping Price corresponding to the cheapest delivery method we offered when delivering the Goods.

In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was paid, or to an account selected in the withdrawal from the Agreement. However, the amount will not be refunded before we receive the Goods or before you prove to us that the Goods have been sent back to us. Please return the Goods clean and, if possible, including the original packaging.

In the event of withdrawal from the Agreement under Article 8.2 of these Terms, you are liable to us for any decrease in the value of the Goods resulting from handling the Goods in a manner other than necessary to become familiar with the nature, characteristics, and functionality of the Goods, i.e. in the same manner as you would examine the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to offset our claim for these costs against your claim for a refund of the Price.

We are entitled to withdraw from the Agreement 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 part of third parties or reasons related to the nature of the Goods, even before the expiry of the period stated in Article 6.1 of these Terms. We may also withdraw from the Agreement if it is apparent that you intentionally provided incorrect information in the Order. If you purchase Goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.

1. CONSUMER DISPUTE RESOLUTION

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

Consumer complaints are handled through the email address zenvy.informace@gmail.com. Information about the handling of the complaint will be sent to the buyer’s email address.

The Czech Trade Inspection Authority, with registered office at Štěpánská 796/44, 110 00 Prague 1, Czech Republic, Company ID No. 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. The online dispute resolution platform available 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 agreement concluded electronically.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, Czech Republic, website: http://www.evropskyspotrebitel.cz, is the contact point under 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.

1. FINAL PROVISIONS

If our legal relationship with you contains an international element, for example if we ship Goods outside the territory of the Czech Republic, the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.

All written correspondence with you will be delivered by email. Our email address is stated in our identification details. We will send correspondence to your email address stated in the Agreement, in your User Account, or through which you contacted us.

The Agreement may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms. Such amendment shall not affect already concluded Agreements, but only Agreements concluded after the amendment becomes effective. We will inform you of the amendment only if you have created a User Account, so that you have this information in case you order new Goods, although the amendment does not establish a right of termination, as we do not have an Agreement that could be terminated, or if, based on the Agreement, we are to deliver Goods to you regularly and repeatedly. We will send information about the amendment to your email address at least 14 days before the amendment becomes effective. If we do not receive from you a notice of termination of the concluded Agreement for regular and repeated deliveries of Goods within 14 days of sending the information about the amendment, the new Terms become part of our Agreement and apply to the next delivery of Goods following the effective date of the amendment. The notice period, if you submit a notice of termination, is two months.

In the event of force majeure or events that cannot be foreseen, such as a natural disaster, pandemic, operational disruptions, supplier outages, and similar events, we shall not be liable for damage caused as a result of or in connection with force majeure. If the force majeure situation lasts for more than 10 days, both you and we have the right to withdraw from the Agreement.

The annexes to these Terms include a sample complaint form and a sample withdrawal form.

The Agreement, including these Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by email, and therefore you will always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and the Terms.

These Terms become effective on 22 February 2026.