Terms and conditions - merchandise
By paying for the merchandise order, the user agrees to the conditions below and undertakes to comply with the rules set out therein.
The provider of merchandise is the company Sportee s.r.o, náměstí Republiky 2686, Zelené Předměstí, 530 02 Pardubice, Czech Republic, IČ: 07265026, VAT: CZ07265026, acting within the scope of its business or other entrepreneurial activity (hereinafter referred to as the "Provider" / "Seller").
I. General conditions
- These general business conditions (hereinafter referred to as “business conditions”) were prepared in accordance with the provisions of act no. 89/2012 Coll., The civil code (hereinafter referred to as “NOZ”) and act no. 634/1992 Coll., on consumer protection, as amended. regulations (hereinafter referred to as the “Act”) and other applicable legal regulations.
- The customer of the seller is either a consumer in the sense of § 2 par. 1 let. a) of Act No. 634/1992 Coll. Consumer Protection (hereinafter the "Buyer") or an entrepreneur, at the conclusion of the contract and acting within their business. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is an entrepreneur, ie. is a legal person or a person who acts when ordering goods within the scope of his business activity or within the scope of his independent performance of a profession.
- Terms and Conditions govern in accordance with the provisions of § 1751 paragraph. 1 NOZ mutual rights and obligations arising in connection with or under a contract concluded between the seller and the buyer through an online store seller. The online store is operated by the seller on a website located at the internet address http://onlinekarate.academy (hereinafter referred to as the "website").
- By concluding the purchase contract, the buyer agrees with the terms and conditions and the complaint procedure, which is an integral part of these terms and conditions and confirms that he is duly acquainted with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before concluding the purchase contract and has the opportunity to become acquainted with them.
- Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
- When concluding and fulfilling the purchase contract, the seller acts within the scope of its business activities. The Seller is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with goods or services.
- The text of trading conditions may change or supplement seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
II. Subject of purchase
Conclusion of the contract
- The buyer has the opportunity to order the subject of purchase by sending an electronic order to the seller. When concluding a purchase contract in a distance manner, ie in electronic form, the buyer makes an electronic order on the seller's website by marking the subject of purchase on the order form and completing all the data on the form. By sending the order, the buyer accepts these terms and conditions, the price for the subject of purchase, the costs associated with the delivery of goods.
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order. The buyer sends the order to the seller by clicking on the "Send order" button.
- Properly made an order sent by the seller is considered a draft contract. The purchase contract is concluded at the time of confirmation of receipt of the order by the seller, which the seller sends to the e-mail of the buyer specified in the order. Part of the order is a confirmation from the buyer that he has read these terms and conditions.
- The seller reserves the right to cancel the order for goods marked with the term "Currently unavailable" if the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the buyer does not accept this before the purchase contract. The seller informs the buyer about this situation. If part or all of the order has been paid, the buyer will be refunded the money.
Method of payment, delivery, delivery costs
- The subject of the purchase is delivered as a registered shipment by the Czech Post. The price of postage is 65 CZK for domestic shipments and 165 CZK for international shipments.
- The seller accepts these payment terms, according to which he can pay in particular in the following ways: by credit card, bank transfer, online bank transfer.
Terms of delivery
- The delivery of the object of purchase to the buyer, which is sent to the buyer via the Czech Post, will take place at the moment when the Czech Post hands it over to him.
- Unless it is expressly agreed how the object of purchase is to be packaged, the seller shall pack the object of purchase according to the customs or in the manner necessary for the protection of the item. In the same way, the seller packs the item of purchase for transport.
- In the event that there are any problems with the delivery of the shipment, or if the shipment was not delivered to the buyer at all, the buyer can contact the seller by e-mail at email@example.com.
- If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods. In the event that the goods will have to be delivered repeatedly or in a manner other than agreed in the purchase contract due to a reason on the part of the buyer, the buyer is obliged to pay the costs associated with repeated or replacement delivery.
- When receiving goods from the Czech Post, the buyer is obliged to check the packaging of the goods intact. In the event that the buyer finds defects, he will notify the Czech Post. The buyer is not obliged to take over the goods if the packaging is damaged to a greater extent.
III. Rights of defective performance
- The rights and obligations regarding the rights of defective performance is governed by generally binding legal regulations, in particular the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § NOZ.
- The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller replies that at the time the buyer took over the goods:
- the thing has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the thing is suitable for the purpose stated by the seller for its use or for which a thing of this kind is usually used,
- the thing corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- is a thing in the appropriate quantity, measure or weight
- the thing meets the requirements of the legislation.
- If the defect becomes apparent within six months of receipt, the thing is deemed to have been defective at the time of receipt.
- According to § 2165 NOZ the buyer is entitled to exercise the right of defect that occurs in the consumer goods during the twenty-four months from the receipt. If, in accordance with other legislation, the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in an advertisement, the provisions on the quality guarantee shall apply.
- The provisions of § 2165 does not apply
- in the case of a thing sold at a lower price for a defect for which a lower price was agreed,
- wear and tear caused by normal use,
- in the case of a used thing, a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer,
- or if it follows from the nature of the item.
- According to § 2169 NOZ, the following applies:
- if the thing does not have the properties specified in § 2161, the buyer may also request the delivery of a new thing without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the thing, the buyer may only request replacement of the part if this is not possible, it may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
- The buyer has the right to deliver a new thing or replace a part even in the case of a remediable defect, if he cannot use the thing properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new thing without defects, to replace its part or to repair the thing, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new thing to him without defects, replace its part or repair the thing, as well as if the seller does not remedy the situation within a reasonable time or would arrange considerable difficulties for the consumer.
- If the buyer exercises the right from the defective performance, the seller will confirm in writing when he exercised the right.
IV. Contract termination
- The buyer - the consumer (according to the definition given in Article I of these General Terms and Conditions), has the right to withdraw from the contract concluded by means of distance communication within 14 days.
- The period for withdrawal from the contract is running
- in the case of a purchase contract from the date of receipt of the goods
- in the case of a contract whose subject is several types of goods or delivery of several parts (ie in the case where the subject of the purchase contract is ordered by one order but delivered in several consignments), from the date of receipt of the last delivery of goods,
- in the case of a contract having as its object a regular repeated supply of goods, from the date of taking over the first supply of goods.
- The buyer - the consumer must notify the seller of his decision to withdraw from the contract in the form of a written notice of withdrawal from the contract to the e-mail firstname.lastname@example.org.
- If the buyer - consumer withdraws from the contract, he is obliged to send the subject of purchase to the seller within 14 days of withdrawal from the contract to the address: Ing. Ondřej Charvát, Sportee s.r.o, náměstí Republiky 2686, Zelené Předměstí, 530 02 Pardubice
- The buyer is obliged to pack the returned goods so that they are not damaged during transport.
- If the buyer withdraws from the contract, the seller will send the received funds to the designated bank account, no later than 14 days from the delivery of the object of purchase to the seller.
he buyer can claim the subject of purchase within 30 days from the date of delivery of the shipment:
- by sending a complaint by e-mail to the address email@example.com - the e-mail must contain the order number, the goods to which the complaint relates, a description of the detected defects and their manifestations
- The buyer delivers the claimed thing of purchase to the seller complete and well packaged. If the complaint is justified, the seller will reimburse the buyer for the costs associated with sending the object of purchase to the seller (to the account according to the agreement).
- The seller decides on the complaint no later than 3 working days from its delivery and notifies the buyer by e-mail, unless otherwise agreed with the buyer.
- Complaints, including the elimination of defects, will be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree otherwise.
VI. Protection of personal data
- The buyer (user) acknowledges that by accepting these terms and conditions, he also agrees to the processing of his personal data in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended.
- The user agrees that the service provider processes personal data himself, or entrusts the processing to a third party - the processor.
- Personal data will be processed in order to fulfill the contractual relationship between the seller and the buyer (user).
- By sending the order, the buyer declares that according to §11 ZOOÚ as amended he was informed about these facts and according to §5 ZOOÚ he agrees with the following facts:
- As the administrator of personal data, the seller will process the personal data of the buyer specified in the order, ie name, surname, address, e-mail address and telephone number of the buyer in electronic form. The buyer's personal data will be processed by authorized employees of the seller or the processor of personal data with which the seller has a contract on the processing of personal data.
- The user may revoke the consent to the processing of personal data by a written notice delivered to the e-mail address firstname.lastname@example.org of the service provider.
VII. Communication from the seller to the buyer before the contract is concluded
- By sending the order, the buyer confirms that in the sense of § 1810 et seq. NOZ received from the seller before concluding the contract clear and comprehensible information required by law, namely:
- the identity of the seller, or telephone number or e-mail address or other contact information;
- the designation of the goods or services and a description of their main characteristics;
- the price of the goods or services, or the method of its calculation, including all taxes and fees;
- method of payment and delivery performance;
- delivery costs and, if these costs cannot be determined in advance, an indication that they may be charged additionally;
- information on the rights arising from defective performance, as well as on the rights under the guarantee and other conditions for the exercise of these rights;
- information on the duration of the commitment and the conditions for terminating the commitment if the contract is to be concluded for an indefinite period.
VII. Final Provision
- The relationship between the seller and the buyer (user) is governed by the laws of the Czech Republic and any disputes will be decided by the competent court. The eventual buyer complaints may contact the supervisor or state supervision.
- These business conditions are displayed on the seller's website and thus their archiving and reproduction by the buyer is enabled.
- The wording of the terms and conditions stated on the seller's website on the day when the buyer makes the order is binding for both the seller and the buyer.
- If the seller and the consumer do not agree on an acceptable compromise in the event of a dispute, the consumer may turn to the Czech Trade Inspection Authority (ADR department) with a proposal to initiate an out-of-court settlement of the dispute. The details of the proposal, a description of the course of the proceedings and other information concerning the out-of-court settlement of the dispute can be found on the website www.coi.cz.
These general conditions are valid from 14. 6. 2021