Terms and Conditions

These General Terms and Conditions (hereinafter the “Terms and Conditions”) govern the rights and obligations between the provider of digital content and related IT services and its customers when purchasing and using products and services via the online store https://nalezny.cz.

1. Seller Identification and Contact Details

• Business Name / Entrepreneur: Jaroslav Nálezný
• Legal Status: Self-employed natural person carrying on business under the Czech Trade Licensing Act, not registered in the Commercial Register (registered in the Trade Register at the Municipal District Office of Prague 4 since 7 September 2015)
• Registered Business Address: Jana Růžičky 1151/27, Kunratice, 148 00 Praha 4, Czech Republic
• Company ID (IČO): 04384873
• Tax / VAT ID (DIČ): CZ8201142312 (registered as an identified person for VAT)
• VAT Status: The seller is NOT a VAT payer. All prices shown in the online store are final; no VAT is added.
• E-mail: jaroslav@nalezny.cz
• Telephone: +420 608 96 10 54
• Online Store: https://nalezny.cz

Bank Details

• Bank: Partners Banka, a.s., Türkova 2319/5b, Chodov, 149 00 Praha 4, Czech Republic
• CZK Account Number: 1210468343/6363
• EUR (SEPA) IBAN: CZ6263630000001210468343
• BIC / SWIFT: PTBNCZPP

2. Definitions and Scope

The “Seller” (also “Provider”) is Jaroslav Nálezný identified in Section 1 above.

A “Customer” is any natural or legal person entering into a contract or negotiating a contract with the Seller via nalezny.cz or by written / e-mail agreement:

• Consumer (Section 419 of Czech Act No. 89/2012 Coll., the Civil Code): any natural person who concludes a contract with the Seller or acts otherwise outside the scope of their business activity or independent profession.
• Business Customer / Entrepreneur (Section 420 of the Civil Code): a person carrying on gainful business activities independently, on their own account and responsibility, under a trade license or similar authorization. If the Customer enters a Company ID, Tax/VAT ID, or business name in the order, the Customer is deemed to be contracting as a Business Customer.

Mandatory consumer protection provisions in these Terms and Conditions do not apply to Business Customers. Any individually agreed written or e-mail terms prevail over these Terms and Conditions.

3. Subject Matter, Compatibility and Technical Requirements

Via https://nalezny.cz, the Seller primarily offers:

• Digital content not supplied on a tangible medium: software modules and extensions for PrestaShop, including both free-of-charge modules (€0.00) and paid digital products or optional paid variants such as module installation by the developer.
• IT and PrestaShop development services: module installation and configuration, custom PrestaShop development, bug fixing, upgrades, optimization, technical consultations, and support (billed hourly or as prepaid service packages).

Functionality, Compatibility and Interoperability: Supported PrestaShop versions (primarily PrestaShop 9.2+ or the range stated on the product page), PHP requirements, technical constraints, and feature descriptions are specified on each product’s detail page and in its accompanying documentation. Standard web hosting supporting the required PrestaShop and PHP version, HTTPS encryption, and adequate file permissions are required. Where module installation or development services are ordered, the Customer must provide working PrestaShop Back Office administrator access and SFTP/SSH (and, where necessary, database or staging) credentials.

4. Pre-Contract Information, Ordering and Contract Conclusion

Product listings in the online store are informative in nature and do not constitute a binding offer to conclude a contract under Section 1732(2) of the Civil Code. The Customer prepares an order by adding selected products or service variants to the cart, entering billing and contact details, and selecting a payment method.

Before submitting the order, the Customer can verify, edit, and correct all entered information directly in the checkout. The Customer submits the order by clicking the button marked with an obligation to pay (e.g., “Order with an obligation to pay”), confirming acceptance of these Terms and Conditions and submitting a binding offer to conclude a contract. Orders totaling €0.00 create no monetary payment obligation.

After the order is submitted, the Seller sends an automated order receipt e-mail. The contract is concluded when the Seller confirms acceptance of the order, upon successful completion of online payment, or when digital content download access is made available.

• Contract languages: Contracts may be concluded in Czech, English, German, or French depending on the storefront language chosen by the Customer.
• Archiving: Concluded orders and invoices are archived electronically by the Seller for contract performance and statutory accounting obligations and are not publicly accessible to third parties. The Customer receives the order confirmation and invoice by e-mail, and the current version of these Terms and Conditions remains accessible on nalezny.cz.
• Costs of distance communication: Standard internet or telephone rates charged by the Customer’s telecom provider apply; the Seller charges no additional communication fees.
• Codes of conduct: The Seller is not bound by any specific codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
• Customer reviews: Where testimonials or reviews are displayed on the site, they originate exclusively from completed projects or verified customers.

5. Prices, Payment Methods and Invoicing

All prices in the online store are stated and billed in euros (EUR, €), unless individual payment in Czech crowns (CZK) is expressly agreed. Because the Seller is NOT a VAT payer (acting as an identified person for VAT only where legally applicable), all displayed prices are final and no VAT is added. No physical shipping or packaging fees apply.

Available payment methods:

• Online payment via PrestaShop Checkout (PayPal): credit/debit cards (Visa, Mastercard, etc.), PayPal, Apple Pay, and Google Pay — due immediately upon submitting the order.
• Bank transfer: against an issued invoice or written agreement to the Seller’s account at Partners Banka, a.s. (CZK account 1210468343/6363 or EUR SEPA IBAN CZ6263630000001210468343, BIC PTBNCZPP), due within 14 days unless stated otherwise. Payment is deemed completed once credited to the Seller’s bank account.
• Free products (€0.00): modules marked free of charge are supplied without financial consideration.

For each paid order, the Seller issues an electronic PDF invoice (non-VAT payer) and delivers it by e-mail. For Business Customers VAT-registered in another EU Member State, reverse-charge rules and EU reporting may apply in accordance with statutory tax rules applicable to an identified person.

6. Delivery of Digital Content and Service Performance

Digital content (downloadable modules): Unless stated otherwise, digital content is delivered electronically without undue delay after contract conclusion and receipt of payment (or immediately after confirmation for €0.00 orders) via a download link in the confirmation e-mail and/or the Customer’s account on nalezny.cz.

Module installation and custom services: Work normally starts within 1 to 3 business days after full payment is received and the Customer provides complete requirements and working server/admin credentials, unless another schedule is agreed.

Customer cooperation and validity of prepaid hours: The Customer must provide timely cooperation and accurate access (preferably on a staging environment first). Delivery deadlines do not run during any delay caused by missing Customer cooperation or access. Unless agreed otherwise in writing, prepaid support hours or service packages must be used within 12 months of payment.

7. Software Licensing and Intellectual Property

All software modules, source code, documentation, and website materials are protected by copyright under Czech Act No. 121/2000 Coll. (Copyright Act) and applicable international treaties.

• Open-source modules: Where a module’s source header, LICENSE file, or product page expressly specifies an open-source license (such as AFL-3.0 or Apache-2.0), use, modification, and redistribution are governed exclusively by that open-source license.
• Paid modules and custom code without an open-source license: Unless expressly stated otherwise, upon full payment the Seller grants the Customer a non-exclusive, non-transferable, territory-unlimited license to install and use the module or custom deliverables for one (1) production PrestaShop store (plus associated staging/development/backup instances of the same store). Without the Seller’s prior written consent, the Customer may not resell, rent, sublicense, redistribute, or publicly distribute paid modules or proprietary custom code to third parties.

8. Consumer Right of Withdrawal, Statutory Exceptions and Model Form

Under Section 1829(1) of the Civil Code, a Consumer generally has the right to withdraw from a distance contract within 14 days of contract conclusion without giving any reason, unless one of the statutory exceptions below applies.

Statutory Exceptions (Section 1837 of the Civil Code)

• Digital content (Section 1837(l) Civil Code): A Consumer cannot withdraw from a contract for the supply of digital content not supplied on a tangible medium after performance has begun, provided that performance started with the Consumer’s prior express consent before the expiry of the 14-day withdrawal period, the Consumer acknowledged that giving such consent causes the loss of the right of withdrawal, and the Seller confirmed this to the Consumer.
• Services (Section 1837(a) and Section 1834 Civil Code): A Consumer cannot withdraw from a service contract once the services have been fully performed, if performance began with the Consumer’s prior express consent and acknowledgement of losing the right of withdrawal upon full completion. If the Consumer requested services to begin during the 14-day period and withdraws before full completion, the Consumer must pay a proportionate amount corresponding to the services already performed up to withdrawal (Section 1834 Civil Code).
• Custom-tailored work (Section 1837(d) Civil Code): The withdrawal right does not apply to custom software or modifications produced specifically to the Consumer’s individual specifications.

Business Customers do not have a statutory 14-day consumer withdrawal right.

Where the right of withdrawal applies, the Consumer may notify the Seller unambiguously by e-mail to jaroslav@nalezny.cz or by post to the Seller’s business address before the 14-day period expires. Any refundable payments (less any proportionate charge for services already rendered) will be refunded within 14 days using the same payment method originally used.

Model Withdrawal Form (Annex to Government Decree No. 363/2013 Coll.)

(Complete and return this form only if you wish to withdraw from the contract.)

To: Jaroslav Nálezný, Jana Růžičky 1151/27, Kunratice, 148 00 Praha 4, Czech Republic, e-mail: jaroslav@nalezny.cz

I hereby give notice that I withdraw from my contract for the supply of the following digital content / services: [specify product or service]
Ordered on / order number: [insert]
Name of consumer: [insert]
Address of consumer: [insert]
E-mail / phone of consumer: [insert]
Date and signature of consumer (only if submitted on paper): [insert]

9. Defective Performance, Digital Updates, Complaints and Liability

Rights arising from defective performance are governed by Sections 1914–1925 and, for consumer digital content, Sections 2389a–2389u of the Czech Civil Code, as well as the Czech Consumer Protection Act (Act No. 634/1992 Coll.).

Conformity and updates: The Seller is liable to Consumers that digital content conforms to the agreed and customary properties and compatibility upon provision (Section 2389b Civil Code) and provides necessary updates (including security updates) as required by law. If a Consumer fails to install available updates within a reasonable time after being informed thereof and of the consequences, the Seller is not liable for defects resulting solely from failing to install the update.

Defect notification period: A Consumer may report a defect occurring or becoming apparent within 24 months of digital content being made available (Section 2389d Civil Code). Defects appearing within the first year are presumed to have existed upon provision unless proved otherwise or caused by the Customer’s incompatible environment.

Remedies: If digital content or a service is defective, the Customer may request free remediation (bug fix, patch, or update) within a reasonable time. If remediation is impossible, disproportionate, delayed, recurring, or a material breach, the Customer may demand a reasonable price reduction or withdraw from the contract.

Complaints procedure: Complaints should be sent by e-mail to jaroslav@nalezny.cz stating the order number, PrestaShop/PHP versions, and a clear error description. The Seller confirms receipt to the Consumer and settles complaints (including defect remediation) within 30 days, unless a longer period is mutually agreed with the Consumer (Section 19(3) Act No. 634/1992 Coll.).

Free modules (€0.00): Modules distributed free of charge are provided “as is” without contractual uptime or free SLA guarantees, without prejudice to mandatory statutory consumer rights or liability for intentional or grossly negligent harm.

Backup duty and B2B liability cap: The Customer is strictly responsible for creating a full backup of shop files and database before installing any module or authorizing any service work, and for testing in staging first. Toward Business Customers, the Seller is not liable for lost profits, loss of data lacking backup, or indirect/consequential damages, and aggregate liability for any claim is capped at the fee actually paid for the specific defective module or service order (except for intentional misconduct or gross negligence).

10. Out-of-Court Dispute Resolution and Supervisory Authorities

If a consumer dispute cannot be resolved directly with the Seller, the Consumer is entitled to initiate out-of-court dispute resolution (ADR) before:

• Czech Trade Inspection Authority (Česká obchodní inspekce / ČOI), Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Praha 2, Company ID: 00020869, website: https://www.coi.cz, ADR portal: https://adr.coi.cz/cs.
• For cross-border EU consumer disputes, Consumers may seek free assistance from the European Consumer Centres Network (ECC-Net): https://evropskyspotrebitel.cz.

Compliance supervision is exercised by the Czech Trade Inspection Authority (ČOI), trade licensing supervision by the Municipal District Office of Prague 4 (Trade Licensing Department), and personal data supervision by the Czech Office for Personal Data Protection (ÚOOÚ).

11. Personal Data Protection (GDPR) and Cookies

Data Controller: Jaroslav Nálezný, Jana Růžičky 1151/27, Kunratice, 148 00 Praha 4, Company ID: 04384873, e-mail: jaroslav@nalezny.cz, phone: +420 608 96 10 54. No Data Protection Officer is appointed.

Scope, purposes and legal bases (GDPR – Regulation (EU) 2016/679):

• Contract performance (Art. 6(1)(b) GDPR): identification, contact, billing, order, and service-access data processed to fulfill orders, deliver modules, and provide support.
• Legal obligations (Art. 6(1)(c) GDPR): statutory retention of accounting and tax documents (generally 10 years).
• Legitimate interest (Art. 6(1)(f) GDPR): site security, fraud prevention, defense/enforcement of legal claims, and direct marketing to existing customers for similar own products/services with an easy opt-out.
• Consent (Art. 6(1)(a) GDPR): optional analytics/marketing cookies managed through the Consentmanager interface, revocable at any time.

Recipients: Data may be processed as needed by payment providers (notably PayPal (Europe) S.à r.l. et Cie, S.C.A. via PrestaShop Checkout), banking provider (Partners Banka, a.s.), hosting/e-mail infrastructure providers, accounting/tax advisors, and consent management (Consentmanager).

Retention period: Duration of the contractual relationship/account and statutory limitation and tax archiving periods (up to 10 years for tax records).

Data subject rights: You have the right to request access, rectification, erasure, restriction of processing, data portability, to object to legitimate-interest processing, withdraw consent at any time, and lodge a complaint with the Office for Personal Data Protection (ÚOOÚ), Pplk. Sochora 27, 170 00 Praha 7, https://uoou.gov.cz.

Cookies: Strictly necessary technical cookies ensure cart, checkout, and security functions. Optional cookies are activated only based on user preferences in Consentmanager.

12. Final Provisions

Contracts governed by these Terms and Conditions are governed by Czech law, in particular the Czech Civil Code and the Czech Consumer Protection Act. Where an international element is present, choosing Czech law does not deprive a Consumer residing in another EU/EEA Member State of mandatory consumer protections under the law of their habitual residence (Art. 6(2) Rome I Regulation).

Disputes with Business Customers shall be decided by the competent courts in Prague, Czech Republic.

If any provision of these Terms and Conditions is or becomes invalid, the remaining provisions remain unaffected. Language translations (English, German, French) are provided for convenience; in the event of discrepancy, the Czech version prevails without prejudice to mandatory consumer law.

The Seller may update these Terms and Conditions; contracts already concluded remain governed by the version in force when the order was submitted.

Effective date: 11 November 2026.