General Terms and Conditions

when
you do
sport

I. Basic provisions

1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Sb., Civil Code (hereinafter the “Civil Code”)

  • Ace sport s.r.o.
  • ID No.: 63887355
  • VAT No.: CZ63887355
  • Registered office: Sedláčkova 472/6, Písek 39701
  • File No.: C 5582 – Regional Court in České Budějovice           
  • e-mail: poptavka@acesport.cz
  • phone: +420 382 22 14 26
  • www: https://eshop.acesport.cz

(hereinafter the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who enters into the purchase contract outside their business as a consumer or as part of their business (hereinafter the “Buyer”) through the web interface located on the website at https://eshop.acesport.cz (hereinafter the “online store”).

3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Derogating provisions of the purchase contract take precedence over the provisions of these Terms and Conditions.

4. The Terms and Conditions and the purchase contract are concluded in Czech.

 

II. Information on goods and prices

1. Information on the goods, including the prices of individual items and their main properties, is provided for each item in the online store catalogue. The prices of the goods include value-added tax, all related fees and costs for the return of the goods if these goods, by their nature, cannot be returned by post as usual. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.

2. All presentations of goods in the online store are of an informative nature, and the Seller is not obliged to enter into a purchase contract regarding these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on the costs associated with the packaging and delivery of goods provided in the online store apply only where the goods are delivered within the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless the Seller and the Buyer agree otherwise.

 

III. Ordering and concluding a purchase contract

1. The costs incurred by the Buyer in using means of distance communication in connection with the conclusion of a purchase contract (costs of internet connection, costs of phone calls) will be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer orders goods in the following ways:

  • via the Buyer’s customer account if the Buyer has registered in the online store,
  • by filling out the order form without registration.  

3. When placing an order, the Buyer selects the goods, the number of items, method of payment and delivery.

4. Before submitting the order, the Buyer may check and change the data entered in the order. The Buyer submits the order to the Seller by clicking on the Place order button. The Seller considers the data provided in the order to be correct. In order for the order to be valid, all the required data in the order form must be completed, and the Buyer must confirm that the Buyer has read these Terms and Conditions.

5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address the Buyer entered when ordering. This confirmation is automatic and is not deemed a contract. The Seller’s applicable Terms and Conditions are attached to the confirmation. The purchase contract is concluded only after the order is accepted by the Seller. The order acceptance notification is sent to the Buyer’s e-mail address.

6. In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and, in that case, the purchase contract is concluded upon the Buyer’s confirmation of acceptance of this offer sent to the Seller’s e-mail address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer is entitled to cancel an order until the Buyer receives the Seller’s order acceptance notification. The Buyer may cancel the order by phone or e-mail at the Seller’s phone number or e-mail address provided in these Terms and Conditions.

8. In the event that there is an obvious technical error on the Seller’s part in stating the price of goods in the online store or in the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously wrong price, even if the Buyer received an automatic confirmation of order receipt under these Terms and Conditions. The Seller will notify the Buyer of this error without undue delay and send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and, in that case, the purchase contract is concluded upon the Buyer’s confirmation of its acceptance sent to the Seller’s e-mail address.

 

IV. Customer account

1. Following the Buyer’s registration in the online store, the Buyer may access their customer account. The Buyer may use their customer account to order goods. The Buyer may also order goods without registration.

2. When registering a customer account and ordering goods, the Buyer is obliged to ensure all the data provided is true and accurate. The Buyer is obliged to update the data specified in the user account in the event of any change. The Seller considers the data provided by the Buyer in the customer account and when ordering goods to be accurate.

3. Access to the customer account is secured by a username and a password. The Buyer is obliged to keep the information necessary to access the Buyer’s customer account confidential. The Seller is not liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses their user account or if the Buyer violates the obligations arising from the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.

 

V. Terms of payment and delivery of goods

1. The Buyer may pay the price of goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:

  • by cash on delivery upon delivery of the goods,
  • by cashless payment using a payment card, 
  • in cash or by payment card upon personal pick-up at the establishment

2. In the case of cash payment, the purchase price is payable upon the takeover of goods.

3. In the case of payment through a payment gateway, the Buyer will follow the instructions of the relevant electronic payment provider. 

4. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price hereinafter includes the costs associated with the delivery of goods. . 

5. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before dispatching the goods is not considered an advance payment.

6. In accordance with the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller must register the received sale with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.

7. The goods are delivered to the Buyer: :

  • to the address provided by the Buyer in the order
  • by personal pick-up at the Seller’s establishment

8.  The delivery method is selected during the ordering process.

9. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the Buyer’s order and the Seller’s order confirmation. If the mode of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

10. If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that the goods must be delivered repeatedly or using another method of delivery than stated in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with another method of delivery.

11. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the goods’ packaging and immediately notify the carrier of any defects identified. If the packaging is broken, indicating unauthorised intrusion into the shipment, the Buyer does not have to take over the shipment from the carrier.

12. The Seller will issue a tax document – an invoice to the Buyer. The tax document is sent to the Buyer’s e-mail address. .

13. The Buyer acquires the ownership right to the goods by paying the full purchase price of the goods, including delivery costs, but no sooner than upon taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of takeover of the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

 

VI. Withdrawal from the contract

1. The Buyer who has entered into a purchase contract outside the Buyer’s business as a consumer has the right to withdraw from the purchase contract.

2. The time limit for withdrawal is 14 days

  • from the date of the takeover of goods,
  • from the date of the takeover of the last delivery of goods if the contract covers several types of goods or the delivery of several parts,
  • from the date of the takeover of the first delivery of goods if the subject of the contract is repeated delivery of goods.

3. The Buyer may not withdraw from a purchase contract regarding inter alia:

  • the provision of services if they have been fulfilled with the Buyer’s express consent before the expiry of the time limit for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that the Buyer would not have the right to withdraw from the contract in such a case,
  • the supply of goods or services the price of which depends on the fluctuations of the financial market which are beyond the Seller’s control and which may occur during the time limit for withdrawal from the contract,
  • the supply of alcoholic beverages which can be delivered only after thirty days and the price of which depends on the fluctuations of the financial market which are beyond the Seller’s control,
  • the supply of goods that have been customised or personalised for the Buyer,
  • the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
  • the supply of goods in a sealed package, which the Buyer has removed from the package, and it is not possible to return the goods for hygienic reasons,
  • the supply of an audio or video recording or computer software if the original packaging is broken,
  • the supply of newspapers, periodicals and magazines,the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the Buyer before the expiry of the time limit for withdrawal and the Seller informed the consumer before concluding the contract that the Buyer would thereby lose the right of withdrawal,
  • in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the time limit for withdrawal, the Buyer must send the notice of withdrawal within the time limit for withdrawal.

5. To withdraw from the purchase contract, the Buyer can use the model withdrawal form provided by the Seller. The Buyer will send the notice of withdrawal to the Seller’s e-mail or delivery address specified in these Terms and Conditions. The Seller will confirm the receipt of the form to the Buyer without delay.

6. The Buyer who withdraws from the contract is obliged to return the goods to the Seller within 14 days from the withdrawal. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.

7. If the Buyer withdraws from the contract, the Seller will return to the Buyer all funds, including delivery costs, received from the Buyer without delay, but no later than 14 days from the withdrawal, using the same payment method the Buyer used. The Seller will use a different payment method to return the funds to the Buyer only if the Buyer agrees and does not incur additional costs.

8. If the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller will return to the Buyer delivery costs in the amount corresponding to the cheapest delivery method offered.

9. If the Buyer withdraws from a purchase contract, the Seller is obliged to return the funds received from the Buyer only after the Buyer has handed over the goods to the Seller or proved to the Seller that the goods were dispatched to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim to compensation for damage to the goods against the Buyer’s claim to a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract if the stocks are sold out, the goods are unavailable, or the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller will immediately notify the Buyer via the e-mail address specified in the order and return to the Buyer all funds, including delivery costs, received from the Buyer under the contract without delay, but no later than 14 days of the notice of withdrawal, using the same payment method the Buyer used or the payment method specified by the Buyer.

 

VII. Rights from defective performance

1. The Seller is liable to the Buyer for ensuring that the goods are free of defects upon takeover. In particular, the Seller is liable to the Buyer for ensuring that at the time the Buyer takes over the goods:

  • the goods have the properties stipulated by the parties, and in the absence of such a stipulation, such properties which the Seller or manufacturer described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or manufacturer,
  • the goods are suitable to be used for the purpose stated by the Seller or for the purpose which the goods of such kind are usually used,
  • the quality or design of the goods corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
  • the goods are in the appropriate quantity, measurement or weight and the goods comply with the requirements laid down by legal regulations.

2. The Seller has obligations arising from defective performance at least to the extent to which the manufacturer’s obligations arising from defective performance exist. The Buyer is entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months from the takeover.

3. If the period for which the goods may be used is specified on the sold goods, their packaging, the instruction manual attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality guarantee apply. Through a quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain period or that they will retain the usual properties. If the Buyer lawfully claims a defect towards the Seller, the time limit for exercising the rights arising from defective performance or the warranty period is suspended for the time during which the Buyer cannot use the defective goods.

4. The provisions of the previous paragraph of the Terms and Conditions do not apply to a defect of goods sold at a lower price for which the lower price was stipulated, to the wear and tear of goods caused by their normal use, to a defect of used goods corresponding to the extent of use of the goods or their wear and tear upon takeover by the Buyer, or if it follows from the nature of the goods. The Buyer does not have the right arising from defective performance if the Buyer was aware before the takeover of the goods that the goods had a defect, or if it was caused by the Buyer.

5. In the event of a defect, the Buyer may submit a complaint to the Seller and request:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • to withdraw from the contract.

6. The Buyer is entitled to withdraw from the contract:

  • if the goods have a material defect,
  • if the Buyer cannot use the item properly due to the repeated occurrence of the defect or defects after a repair,
  • due to a larger number of defects.

7. A fundamental breach means such a breach of which the breaching party, at the conclusion of the contract, knew or should have known that the other party would not have concluded the contract had it foreseen such a breach.

8. If the defect constitutes a non-fundamental breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

9. If the remediable defect has occurred repeatedly after repair (usually a third complaint for the same defect or a fourth complaint for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to claim a discount on the purchase price, have the goods replaced or withdraw from the contract.

10. When filing a complaint, the Buyer is obliged to inform the Seller which right the Buyer has chosen. The choice may be changed without the Seller’s consent only if the Buyer requests the defect to be removed by repair and the defect proves to be irremediable. If the Buyer fails to choose a right arising from the fundamental breach of the contract in time, the Buyer has the same rights as in the case of a non-fundamental breach.

11. If repair or replacement of goods is not possible, the Buyer may request a full refund of the purchase price upon withdrawal from the contract.

12. If the Seller proves that the Buyer knew about the defect of the goods before the takeover or that the Buyer caused the defect, the Seller is not obliged to comply with the Buyer’s claim.

13. The Buyer may not file a complaint regarding discounted goods for the reason for which the goods are discounted.

14. The Seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer regarding when the buyer exercised the right, what the content of the complaint is and what method of handling the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or written justification of rejection of the complaint.

15. The Seller or an employee authorised by the Seller will decide on the complaint immediately, in complex cases within three business days. This time limit does not include the reasonable time necessary to assess the defect professionally, depending on the type of product or service. Complaints, including the removal of defects, must be settled immediately, but no later than 30 days from the date of the complaint unless the Seller and the Buyer agree on a longer time limit. The lapse of this time limit is considered a fundamental breach of the contract, and the Buyer has the right to withdraw from the purchase contract. The complaint is considered made at the moment when the Buyer shows the will (to exercise the rights arising from defective performance) to the Seller.

16. The Seller will inform the Buyer about the result of the complaint in writing.

17. The Buyer enjoys no right arising from defective performance if the Buyer knew the item to be defective at the time of takeover or has caused the defect himself.

18. Where the complaint is justified, the Buyer is entitled to be reimbursed for any costs reasonably incurred in connection with making the complaint. The Buyer may claim this right with the Seller within one month of the expiry of the warranty period; otherwise the court may not grant this right.

19. The choice of the method of complaint is with the Buyer.

20. The rights and obligations of the parties arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Sb. on consumer protection.

 

VIII. Communication

1. The parties may deliver any written communications to one another by e-mail.

2. The Buyer will send communications to the Seller to the e-mail address specified in these Terms and Conditions. The Seller will send communications to the Buyer to the e-mail address specified in the Buyer’s customer account or in the order.

 

IX. Personal data

1. Any information provided by you in our cooperation is and will be treated as confidential. Unless you have granted us your written consent, we will only use the data about you for the purpose of contractual performance, except the e-mail address to which commercial communications may be sent as this, unless explicitly rejected, is permitted by the law. These communications may only concern similar or related goods and it is possible to unsubscribe easily at any time (by sending a letter, e-mail or clicking a link in the commercial communication). The e-mail address will be retained for this purpose for three years from the conclusion of the last contract between the parties.

2. You can find more detailed information on personal data protection in the Terms of Privacy.

 

X. Out-of-court settlement of disputes

1. In the case of any consumer disputes arising from the purchase contract, the competent authority is the Czech Trade Inspection, with the registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, web: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase contract.

2. The contact point pursuant to Regulation (EU) 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 consumer ODR) is the European Consumer Centre of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web: http://www.evropskyspotrebitel.cz.

3. The Seller is entitled to sell the goods based on its trade licence. The competent Trade Authority carries out the respective inspection within its competences. The Czech Trade Inspection Authority performs, inter alia, the supervision of compliance with Act No. 634/1992 Sb. on consumer protection within the defined scope.

 

XI. Final provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This is without prejudice to consumer rights under generally binding regulations.

2. The Seller is not bound in relation to the Buyer by any codes of conduct pursuant to Section 1826(1)(e) of the Civil Code.

3. All the rights to the Seller’s website, in particular, the copyright to its content, including the website layout, images, videos, graphics, trademarks, logos, and other content and elements, are owned by the Seller. The website or any part thereof may not be copied, modified or otherwise used without the Seller’s consent.

4. The Seller is not liable for any errors resulting from any third-party interventions in the online store or as a result of the use of the online store contrary to its purpose. When using the online store, the Buyer may not use any procedures which may adversely affect its operation, or perform any activities which would enable the Buyer or any third party to tamper with or use the software or any other parts of the online store without authorisation, or use the online store, any parts thereof or any software contrary to their purpose.

5. The Buyer assumes the risk of a change of circumstances pursuant to Section 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the Seller electronically and is not accessible.

7. The Seller is entitled to amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the term of the previous version of the Terms and Conditions.

8. A model form for withdrawal from the purchase contract is annexed to the Terms and Conditions.

These Terms and Conditions become effective on 20 November 2020.