General Terms and Conditions

GENERAL TERMS AND CONDITIONS

These general terms and conditions (“Terms”) of David Horáček, with its registered office at Dejvická 324/19, 16000 Prague 6, Company ID No. 74877577, conducting business pursuant to the Trade Licensing Act, e-mail info@phonofix.com, (“We” or the “Seller”) govern, in accordance with the provisions of 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 agreement (the “Agreement”) concluded through the E-shop on the website www.phonofix.com.

All information concerning the processing of your personal data is contained in the Personal Data Processing Policy, which can be found at www.phonofix.com.

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

As you certainly know, we communicate primarily remotely. Therefore, our Agreement is also concluded using means of distance communication that allow us to reach an agreement without the simultaneous physical presence of us and you, and the Agreement is therefore 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 mutually approved during the process of your purchase in our E-shop, such specific agreement shall prevail over the Terms.

CERTAIN DEFINITIONS

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

Delivery Price means the financial amount you will pay for delivery of the Goods, including the cost of packaging;

Total Price means the sum of the Price and the Delivery Price;

VAT means value added tax according to the 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, enabling the storage of entered data and keeping the history of ordered Goods and concluded Agreements;

You are the person purchasing in our E-shop, referred to by legal regulations as the buyer;

Goods means everything that you can purchase in the E-shop.

General provisions and information

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

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

Our E-shop also provides access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking the reviews to specific orders, therefore in the internal system we can also see the linked order ID for each review, and thus we are able to verify and prove that the review comes from a real consumer.

CONCLUSION OF THE AGREEMENT

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

The Agreement is concluded remotely through the E-shop, while you bear the costs of using means of distance communication. However, these costs do not differ in any way from the basic rate you pay for the use of such means (in particular access to the Internet), therefore you do not need to 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, it is necessary for you to create an Order in the E-shop. This proposal must contain the following information:

Information about the Goods purchased (in the E-shop, you indicate the Goods you are interested in purchasing by clicking the “add to cart” button);

Information about the Price, Delivery Price, the method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the E-shop, while information about the Price, Delivery Price and Total Price will be stated automatically on the basis of the Goods selected by you and the chosen method of delivery and payment;

Your identification and contact details used in order for us to deliver the Goods, in particular your first name, surname, delivery address, telephone number and e-mail address.

During the creation of the Order, you may change and check the data until the moment of its completion. After checking the data by pressing the “Order with obligation to pay” button, you complete the Order. Before pressing the button, however, you must also confirm that you have familiarized yourself with 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.

We will confirm your Order to you as soon as possible after it has been delivered to us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms in the form of 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 as an annex to the confirmation e-mail message, form an integral part of the Agreement. The Agreement is concluded between us and you upon confirmation of the Order.

There may also be cases where we will not be able to confirm your Order. These are in particular situations where the Goods are not available or cases where you order a greater number of units of Goods than is permitted on our part. However, we will always provide you with information on the maximum quantity of Goods in advance within the E-shop and therefore it should not come as a surprise to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment when you confirm our offer.

In the event that 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 that Price even if you have received confirmation of the Order and therefore the Agreement has been concluded. In such a situation, we will contact you without undue delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. The new Agreement is concluded in such a case at the moment when you confirm 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 superfluous.

In the event that the Agreement is concluded, you incur an obligation to pay the Total Price.

If you have a User Account established, 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. However, the method of creating an Order is identical to that of a buyer without a User Account, with the advantage that it is not necessary to repeatedly fill in your identification details.

In some cases, we allow a discount to be used for the purchase of Goods. In order for the discount to be provided, it is necessary for you to fill in the details of this discount in a designated field within the Order proposal. If you do so, the Goods will be provided to you with the discount.

User Account

Based on your registration within the E-shop, you may access your User Account.

When registering a User Account, you are obliged to state all entered data correctly and truthfully and, in the event of any change, to update them.

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 details to anyone. In the event of their misuse, we bear no responsibility for that.

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

We may cancel your User Account, in particular in the event that you do not use it for more than [TO BE COMPLETED], or in the event that you breach your obligations under the Agreement.

The User Account may not be available continuously, in particular with regard to the necessary maintenance of hardware and software equipment.

PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always stated within the E-shop, in the Order proposal and, of course, in the Agreement. In the event of any 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 shall apply, which will always be identical to the price in the Agreement. The Order proposal also states the Delivery Price, or the conditions under which delivery is free of charge.

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

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

By bank transfer. You can find the information for making the payment in the Shoptet pay payment gateway. In the case of payment by bank transfer, the Total Price is due within 2 working days.

By online card. In such case, the payment is made through the Shoptet pay payment gateway, while the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/. In the case of online card payment, the Total Price is due immediately.

Cash on delivery. In such case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery payment, the Total Price is due upon receipt of the Goods.

By other payment methods offered by the Shoptet pay payment gateway.

Paypal – we accept payments only in Euro currency.

The Invoice will be issued in electronic form 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.

Ownership title to the Goods passes to you only after you have paid the Total Price and taken over 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.

DELIVERY OF GOODS, TRANSFER OF THE RISK OF DAMAGE TO THE ITEM

The Goods will be delivered to you at the latest according to the availability of the goods and the delivery method chosen by you in the e-shop phonofix.com. More detailed information can be found at https://phonofix.com/doprava-a-platba/

The Goods can only be delivered within the currently offered destinations and carriers, see https://phonofix.com/doprava-a-platba/

The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The period stated in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods by e-mail.

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, to notify the carrier and us without delay. If there is damage to the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.

In the event that you breach your obligation to accept the Goods, except for the cases under Article 4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute withdrawal from the Agreement between us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to withdraw from the Agreement, the withdrawal becomes effective on the day on which we deliver such withdrawal to you. Withdrawal from the Agreement does not affect the claim for payment of the Delivery Price, or the claim for compensation for damage if incurred.

If, for reasons arising on your side, the Goods are delivered repeatedly or in a manner other 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 payment of these costs to your e-mail address stated in the Agreement and they are due within 14 days from delivery of the e-mail.

The risk of damage to the Goods passes to you at the moment when you take them over. In the event that you do not take over the Goods, except for the cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the possibility to take them over, but due to reasons on your side the takeover did not take place. The transfer of the risk of damage to the Goods to you means that from that moment you bear all consequences connected with the loss, destruction, damage or any deterioration of the Goods.

In the event that the Goods were not listed in the E-shop as in stock and an indicative availability period was stated, we will always inform you in the event of:

an extraordinary outage in the production of the Goods, while we will always inform you of a new expected availability period or information that it will not be possible to deliver the Goods;

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

We guarantee that at the time when the risk of damage to the Goods passes pursuant to Article 7 of the Terms, the Goods are free from defects, in particular that the Goods:

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

are fit for the purpose for which you require them and with which we agree;

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

are fit for the purpose for which goods of this kind are usually used;

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

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

correspond in quality or workmanship to the sample or model that was provided to you before the conclusion of the contract.

The rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and 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 1 is not met, you may notify us of such defect and exercise your rights arising from defective performance (i.e. complain about the Goods) by sending an e-mail. For complaints, you may also use the sample form provided by us, which forms Annex No. 1 to the Terms. When exercising the right arising from defective performance, it is necessary to choose how you wish the defect to be resolved, and you may not subsequently change this choice without our consent. We will settle the complaint in accordance with the right arising from defective performance exercised by you.

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

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

to have the defect removed by repair of the Goods,

unless the chosen method of removal of the defect is impossible or unreasonably expensive in comparison with the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have had without the defect, and whether the defect can be removed by the other method without substantial difficulties for you.

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

You further 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 obvious from our statement or from the circumstances that the defect will not be removed within a reasonable time or without substantial difficulties for you.

The right to withdraw from the Agreement does not arise if the defect of the Goods is insignificant.

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

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

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

the date when you made the complaint;

what the content of the complaint is;

which method of settlement of the complaint you require;

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

Unless we agree on a longer period, we will remove defects within 30 days from receipt of the complaint and provide you with information about the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Agreement or request a reasonable discount.

We will inform you of the settlement of the complaint by e-mail and issue you a confirmation of the date and method of settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of purposefully incurred costs. You are obliged to prove these costs, e.g. by receipts or confirmations of the delivery price. In the event that the defect was removed by delivery of new Goods, you are obliged to return the original Goods to us, however, we bear the costs of such return.

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

If you are a consumer, you have the right to exercise rights arising from defective performance in respect of a defect that occurs in consumer Goods within 24 months from receipt of the Goods.

withdrawal from the agreement

Withdrawal from the Agreement, i.e. termination of the contractual relationship between us and you from its beginning, may occur for the reasons and in the manners stated in this article, or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.

If you are a consumer, i.e. a person purchasing 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 Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, or, if it concerns the purchase of goods, within fourteen days from receipt thereof. In the event that we have concluded an Agreement the subject matter of which is several items of Goods or the delivery of several parts of Goods, this period shall begin to run only on the day of delivery of the last item or part of the Goods, and in the event that we have concluded an Agreement on the basis of which we will supply Goods to you regularly and repeatedly, it shall begin to run on the day of delivery of the first delivery.

You may withdraw from the Agreement on the basis of the procedure stated on our e-shop TO BE COMPLETED. For withdrawal you may also use the sample form provided by us, which forms Annex No. 2 to the Terms.

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

The withdrawal period pursuant to Article 2 of the Terms shall be deemed complied with if you send us, within that period, a notice that you are withdrawing from the Agreement.

In the event of withdrawal from the Agreement pursuant to Article 2 of the Terms, you are obliged to send the Goods to us within 14 days from the withdrawal and you bear the costs associated with returning the Goods to us. You, on the other hand, are entitled to have us refund the Delivery 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 Agreement, we also bear the costs associated with returning the Goods to us, however again only up to the amount of the Delivery Price in the amount corresponding to the cheapest offered method of delivery of the Goods that 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 the withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Agreement. However, the amount will not be refunded before we receive the Goods. Please return the Goods to us clean and, if possible, including the original packaging.

In the event of withdrawal from the Agreement pursuant to Article 2 of the Terms, however, you are liable to us for any decrease in the value of the Goods which has arisen as a result of handling these Goods in a manner other than that necessary for you to become acquainted with the nature, characteristics and functionality of the Goods, i.e. in the manner in which you would become acquainted with the Goods in a brick-and-mortar shop. In the event that we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for 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 inherent in the nature of the Goods), even before expiry of the period stated in Article 1 of the Terms. We may also withdraw from the Agreement if it is obvious that you intentionally stated incorrect information in the Order. In the event that you purchase goods within the scope of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without stating a reason.

Consumer dispute resolution

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.

We handle consumer complaints via the electronic address reklamace@phonofix.com. Information on the settlement of the complaint will be sent to the buyer’s electronic address.

The Czech Trade Inspection Authority, with registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer who is a consumer, arising from a purchase agreement concluded by electronic means.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 796/44, 110 00 Prague 1, 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

If our and your legal relationship contains an international element (for example, if we send 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 consumers, this agreement does not affect your rights arising from legal regulations.

We will deliver all written correspondence to each other electronically by e-mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Agreement, in the User Account or from which you contacted us.

The Agreement may be amended only on the basis of our written agreement. However, we are entitled to change and supplement these Terms, but such change shall not affect Agreements already concluded, only Agreements that will be concluded after the effectiveness of such change. However, we will inform you of the change only if you have created a User Account (so that you have this information in the event that you order new Goods; however, the change does not establish a right of termination, since we do not have a concluded Agreement that could be terminated), or if we are to supply Goods to you regularly and repeatedly on the basis of the Agreement. We will send you information about the change to your e-mail address at least 14 days before the effectiveness of such change. If, within 14 days from sending the information about the change, we do not receive from you a termination notice of the concluded Agreement for regular and repeated deliveries of Goods, the new terms become part of our Agreement and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in the event that you give notice is 2 months.

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 longer than 10 days, both we and you have the right to withdraw from the Agreement.

An annex to the Terms is a sample complaint form and a sample withdrawal from the Agreement form.

The Agreement, 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 Agreement even without our cooperation. We recommend always storing the Order confirmation and the Terms.

These Terms become effective 3.2026.

Annex No. 1 - Complaint Form

Addressee: reklamace@phonofix.com, David Horáček ,Dejvická 19, Prague 6 16000

Complaint submission

Date of conclusion of the Agreement:

First name and surname:

Address:

E-mail address:

Goods being complained about:

Description of defects of the Goods:

Proposed method of settling the complaint:

I also request the issuance of a confirmation of the complaint submission stating when I exercised this right, what the content of the complaint is, which method of settlement of the complaint I request, together with my contact details for the purpose of providing information on the settlement of the complaint.

Date:

Signature:

Annex No. 2 - Withdrawal from the Agreement Form

Addressee: reklamace@phonofix.com, David Horáček ,Dejvická 19, Prague 6 16000

I hereby declare that I withdraw from the Agreement:

Date of conclusion of the Agreement:

First name and surname:

Address:

E-mail address:

Specification of the Goods to which the Agreement relates:

Method for returning the received funds, or indication of the bank account number:

If the buyer is a consumer, they have the right, in the event that they ordered goods via the e-shop of Phonofix.com (the “Company”) or by another means of distance communication, except for the cases stated in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase agreement within 14 days from the date of conclusion of the agreement, or, if it concerns the purchase of goods, within fourteen days from receipt thereof. In the case of an agreement the subject matter of which is several items of goods or the delivery of several parts of goods, this period begins to run only on the day of delivery of the last item or part of the goods, and in the case of an agreement on the basis of which the goods are to be supplied regularly and repeatedly, from the day of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the address of the Company’s premises or electronically to the e-mail stated on the sample form.

If the buyer who is a consumer withdraws from the purchase agreement, they shall send or hand over to the Company without undue delay, no later than within 14 days from withdrawal from the purchase agreement, the goods received from it.

If the buyer who is a consumer withdraws from the purchase agreement, the Company shall return to them without undue delay, no later than within 14 days from withdrawal from the purchase agreement, all monetary funds (the purchase price of the delivered goods) including delivery costs that it received from them on the basis of the purchase agreement, in the same manner. If the buyer chose a method of delivery of goods other than the cheapest method offered by the Company, the Company shall return to the buyer the delivery costs of the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received monetary funds to the buyer before it receives the goods back or before the buyer proves that they have sent the goods to the Company.

Date:1.4.2026

Signature: