TERMS AND CONDITIONS
based Severní 1184/17, Hlučín 748 01
registered in the Commercial Register at the Regional Court in Ostrava, Section C, File 68714
for the sale of goods through an online store located on the Internet at www.bebackfist.com
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions ( "Terms and Conditions") of Backfist sport Ltd. , Based Northern 1184/17, Hlučín 74801, identification number: 05649927, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 68714 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 Act No. . 89/2012 Coll., Civil Code, as amended (the "Civil Code") mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the "purchase agreement") concluded between the seller and other natural person (the "buyer") through the online store seller. Internet shop is operated by the seller on the website located at the Internet address (the "Website"), and via the website (hereinafter the "Web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupation.
1.3 Provisions derogating from the terms and conditions can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5 Text 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.
2. USER ACCOUNT
2.1. Based on the registration by the purchaser on the website the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface business.
2.2 When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. Data presented in the user account is a buyer at any change required to update. The data referred to by the buyer in the user account and ordering goods sellers are considered correct.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel your user account, especially if the buyer your user account does not use for longer than, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor or. necessary maintenance of hardware and software of third parties.
3. ENTERING INTO A PURCHASE AGREEMENT
3.1 All presentations of goods placed in the web interface of trade is indicative and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code shall not apply.
3.2The Web Interface provides information on trade of goods, including the prices of individual goods and the cost of returning the goods if the goods by their nature can not normally be returned by post. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3 Commerce web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order a catalog, the buyer fills an order form in the web interface business. Order form contains particular information about:
3.4.1 ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
3.4.2. method of payment of the purchase price, data on the desired method of delivery of goods ordered and
3.4.3 information on the costs associated with delivery of goods (hereinafter collectively referred to as "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even considering the option buyer to detect and correct errors during data entry in order. The order sends a buyer clicking on "". The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of an order the buyer confirms receipt of e-mail, at the e-mail address listed in the buyer's user account or in the order (hereinafter referred to as "electronic address").
3.6 The seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by email, and the email address of the buyer.
3.8. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) paid by the buyer himself, these costs do not differ from the standard rate.
4. PRICE AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of goods under the purchase contract the buyer can pay the seller the following ways:
☐ in cash by the seller at the address;
☐ cash on delivery at the place designated by the buyer in the order;
☐ bank transfer to the seller's account IBAN: CZ9820100000002701133075,
SWIFT: FIOBCZPPXXX, led by Fio banka, Inc., Celnici In 1028/10, 117 21 Praha 1 (hereinafter the "Seller Account");
☐ through cashless payment system;
☐ cashless payment card;
☐ through a loan provided by a third party.
4.2Together with the purchase price, the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, refers to the purchase price and the costs associated with delivery of goods.
4.3 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 business conditions regarding the obligation to pay the purchase price in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment, the purchase price is payable to the days of the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods and giving variable symbol of payment. In the case of cashless payment by the buyer to pay the purchase price at the time met the appropriate amount to the seller's account.
4.6 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts the price of goods by the seller to the buyer can not be combined.
4.8 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. The seller pays the value added tax. The tax document - invoice seller to the buyer after payment of the price of the goods and send it electronically to the email address of the buyer.
4.9 According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register a revenue received by the tax online; in case of technical failure, then within 48 hours.
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code can not be inter alia withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the person from the contract for the supply of goods subject to rapid deterioration, as well as goods having been delivered irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed and hygiene reasons, it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
5.2. If this is not the case under Art. 5.1 hereof, or of any other case where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14 ) days of receipt of goods, in which case the contract of sale are several types of goods or the supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the deadline mentioned in the previous sentence. For withdrawal from the contract the buyer used a model form provided by the seller, annexed business conditions. Withdrawal from the contract the buyer may send inter alia, the address of the seller or the seller's email address.
5.3. In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase agreement from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the receipt of the withdrawal from the contract seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their character usual postal route.
5.4 In case of withdrawal from the contract pursuant to Art. 5.2 seller returns funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer in the same way as the seller from the buyer received. The seller is also entitled to return the benefits provided by the buyer has been the return of goods by the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer.
5.5 Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the buyer's claim for refund of the purchase price.
5.6 In cases where a buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, the seller is also entitled at any time withdraw from the contract, up to the time of receipt of the goods. In this case, the seller will return the purchase price to the buyer without undue delay, and bank transfer to an account designated by the buyer.
5.7 When given together with the goods to the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract the buyer loses the donation contract regarding the effectiveness of such a gift, and the buyer is required along with the goods seller also return provided a gift.
6. TRANSPORT AND DELIVERY
6.1 In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 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 on delivery.
6.3 In the event that the reasons for which the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
6.4 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of unauthorized intrusion into consignment buyer may not take shipment from the carrier. This does not affect the rights of the buyer from liability for defects and other rights of the buyer arising from generally binding legislation.
6.5 Other rights and obligations of the parties in the transport of goods that can modify the special delivery conditions of the seller, if the seller issued.
7. RIGHTS OF DEFECTIVE FULFILLMENT
7.1 The rights and obligations of the parties regarding the rights of defective performance is governed by generally binding regulations (in particular the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code and Act no. 634/1992 Coll., On Consumer Protection, as amended).
7.2 The seller is liable to the buyer that the goods on delivery no defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
7.2.1the goods are qualities that the parties have negotiated, and if there is no agreement, it has characteristics which the seller or manufacturer has described or that buyers expect with regard to the nature of the goods and based on advertising they carry.
7.2.2 the goods are fit for the purpose which for its use or selling lists to which goods of the same type are normally used
7.2.3 Product corresponds to the quality or making the agreed sample or template, if it was determined the quality or performance contracted by sample or template,
7.2.4 the goods in appropriate quantity, measure or weight and
7.2.5 the goods comply with the legal requirements.
7.3 Effect if the defect within six months of receipt, it is considered that the product was defective already upon receipt.
7.4 The seller has the obligation of defective performance at least to the extent that the obligation of the manufacturer of defective performance. The buyer is otherwise entitled to exercise the right of defect that occurs in the consumer goods during the twenty-four months from the receipt. If sold on the goods, its packaging, the instructions attached to the goods or in advertising, in accordance with other laws specify the period during which goods may be used, the provisions of a guarantee for quality. Guarantee for the quality of the seller agrees that goods will be eligible for a certain period to be used for the usual purposes or that retains the usual properties. Reproached If the buyer defect goods legitimately, running period for exercising the rights from faulty performance or warranty for the period during which the buyer can not use faulty goods.
7.5 The provisions referred to in Art. 7.4 business conditions do not apply to goods sold at a lower price to the defect for which the lower price was negotiated to wear and tear caused by its common use, for used goods for defects caused by use or wear that goods had to take over buyer, or if it appears that the nature of the goods. Right from defective performance does not belong to the buyer, if the buyer of goods knowing that the goods have a defect, or if the buyer itself caused the defect.
7.6 Rights from liability for defects are applied by the seller. However, if the certificate issued by the seller regarding the scope of rights from liability for defects (within the meaning of § 2166 of the Civil Code) indicate any other person designated for repair, which is the site of the seller or the place for the buyer closer, apply the buyer the right to repair at that who is determined to carry out repairs. Except where it is designated to perform repairs by another person under the preceding sentence, the seller must accept a claim in any premises in which it is possible taking into account the assortment of products sold or services provided, as well as the headquarters or place of business of the seller. The seller is obliged to issue the buyer a written confirmation that the buyer has exercised the right, what the content of the complaint and what method of claim handling requires the buyer; and further confirmation of the date and method of settling the claim, including confirmation of repair and its duration, or a written justification for rejecting the claim. This obligation also applies to other persons designated by the seller to repair.
7.7 Rights from liability for defects the buyer may specifically apply particular person at the address, calling or e-mail address.
7.8 The buyer shall notify the seller, the right to chose what, when notified defects or without undue delay after notification of the defect. The option selected, the buyer may not be changed without the consent of the seller; this does not apply if the buyer asked for correction of defects that may prove irreparable.
7.9 Unless the characteristics of goods specified in Art. 7.2 Terms and Conditions, the buyer may demand and supply of new goods free of defects, unless it is due to the disproportionate nature of the defect, but if the defect affects only part of the goods, the buyer may require only replacement of components; if this is not possible, it may withdraw from the contract. If, however, due to the disproportionate nature of the defect, especially if you can remedy the defect without undue delay, the buyer has the right to a free remedy. Right on the supply of new goods, or replacement parts should buyers in the case of removable defects if the goods can not be properly used for the repeated occurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to rescind the contract. Unless the buyer from the contract or does not apply if the right to deliver new goods free of defects, the replacement of its components or to repair the goods may request a reasonable discount. The buyer has the right to an adequate discount, even if the seller that he can not deliver new goods free of defects, replace the part or repair the goods, and if the seller has not remedied within a reasonable time, or that the remedy buyer give rise to substantial difficulties.
7.10 Who has the right under § 1923 of the Civil Code, it is entitled as compensation for expenses incurred in the exercise of this right. Does not apply if the right to a refund within one month after the deadline, which is to be above reproach flaw, the court does not grant the right if the seller will argue that the right to compensation was not applied in time.
7.11 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods by paying the entire purchase price.
8.2 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
8.3 Consumer Complaints ensures the seller via e-mail addresses. Information on the settlement of the complaint buyer sends the seller to the buyer's email address.
8.4 The out of court settlement of consumer disputes the contract of sale is the Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. Platform for resolving disputes online, located at the Internet address to use to resolve disputes between the seller and the buyer of the purchase contract.
8.5 European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the focal point of the European Parliament and of the Council (EU) no. 524/2013 of 21 . May 2013 to resolve consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR online).
8.6 The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of their respective trade office.
Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs in a limited scope, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
8.7 The Buyer takes over the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 The duty to inform the purchaser within the meaning of Art. 13 Regulation of the European Parliament and Council Directive 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the Protection of Personal Data) ( hereinafter "Regulation GDPR") related to the processing of personal data for the purposes of the buyer's purchase agreement for the negotiation of a purchase contract for the performance of public obligations of the seller fulfills the seller by a separate document.
10. SENDING OF BUSINESS COMMUNICATION AND STORING COOKIES
10.1 Buyer agrees within the meaning of § 7 para. 2 of Act no. 480/2004 Coll., On certain information society services and amending certain laws (Act on certain information society services), as amended, to receive commercial communications by the seller on the e-mail address or the phone number of the buyer. The duty to inform the purchaser within the meaning of Art. 13 of GDPR related to the processing of personal data by the buyer for the purpose of sending commercial messages meet the seller by a separate document.
10.2 Buyer agrees with saving so. Cookies on his computer. In the event that the purchase on the Webpage can be made and obligations of the seller of the purchase contract to fulfill, without storage so. cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
The buyer may be delivered to the buyer's email address.
12. FINAL PROVISIONS
12.1 If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. Choice of law by the previous sentence is not a buyer who is a consumer, deprived of the protection afforded by the provisions of the rule of law, which can not be derogated from by agreement, and that would be in the absence of choice otherwise used in accordance with the provisions of Art. 6, paragraph. 1 Regulation Parliament and Council Regulation (EC) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision shall not affect the validity of the remaining provisions.
12.3 The purchase agreement including terms and conditions the seller is archived in electronic form and is not accessible.
12.4 Attachment business conditions form a model form for withdrawal from the contract.
12.5 Contact details seller: postal address North 1184/17, Hlučín 74801, e-mail address firstname.lastname@example.org, phone +420 777 749 828.
At Hlučín day 12.11.2020