1. These general terms and conditions (hereinafter referred to as 'terms and conditions') are issued in accordance with Section 1751 and subsequent sections of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the 'Civil Code')
(hereinafter referred to as the ‘seller’)
2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside their business activities as a consumer or within their business activities (hereinafter referred to as the 'buyer') through the web interface located on the website accessible at the internet address https://eshop.acesport.cz (hereinafter referred to as the 'online store').
3. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.
1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. Prices of goods include value-added tax, all related fees, and the cost of returning the goods, if, by its nature, the goods cannot be returned by regular mail. Prices of goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase agreement under individually negotiated terms.
2. All product presentations in the catalog of the online store are for informational purposes, and the seller is not obliged to conclude a purchase agreement for these goods.
3. The online store provides information about the costs associated with packaging and delivering goods. Information about the costs associated with packaging and delivering goods listed on the online store applies only when the goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
1. The costs incurred by the buyer in using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
2. The buyer can place an order for goods using the following methods:
3. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method.
4. Before submitting the order, the buyer is allowed to review and modify the information they have entered into the order. The buyer sends the order to the seller by clicking the 'Submit Order' button. The data provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all required information in the order form and the buyer's confirmation that they have read these terms and conditions.
5. Upon receiving the order, the seller will promptly send the buyer an order confirmation to the email address provided by the buyer during the order. This confirmation is automatic and does not constitute the conclusion of the contract. The purchase agreement is only concluded upon the seller's acceptance of the order. The notice of order acceptance is delivered to the buyer's email address.
6. If the seller cannot fulfill any of the requests specified in the order, the seller will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller's email address as stated in these terms and conditions.
7. All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of order acceptance from the seller. The buyer can cancel the order by phone at the phone number or by email to the seller's email address as stated in these terms and conditions.
8. In the event of an obvious technical error on the part of the seller in specifying the price of goods in the online store or during the ordering process, the seller is not obligated to deliver the goods at this clearly erroneous price, even if the buyer receives an automatic order confirmation according to these terms and conditions. The seller will promptly inform the buyer of the error and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance sent to the seller's email address.
1. Upon registering in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders for goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use their customer account.
5. The seller may cancel the user account, especially when the buyer no longer uses their user account, or when the buyer violates their obligations under the purchase agreement or these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, or the necessary maintenance of the hardware and software of third parties.
1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer using the following methods:
2. In the case of cash payment, the purchase price is due upon receipt of the goods..
3. In the case of payment through the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
4. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with the delivery of the goods.
5. The seller does not require any advance deposit or similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not considered a deposit.
6. In accordance with the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is required to record the received revenue with the tax administrator online; in the event of a technical failure, then at the latest within 48 hours.
7. Goods are delivered to the buyer:
8. The choice of delivery method is made during the ordering process.
9. The costs of delivering the goods, depending on the method of shipment and receipt of the goods, are stated in the buyer's order and in the order confirmation provided by the seller. In the event that the method of delivery is agreed based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.
10. If, according to the purchase agreement, the seller is required to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.
11. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of finding damage to the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to accept 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 email address.
13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but no earlier than by taking over the goods. The responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so contrary to the purchase agreement.
1. The buyer who entered into a purchase contract outside their business activities has the right to withdraw from the purchase contract.
2. The withdrawal period from the contract is 14 days
3. The buyer cannot, among other things, withdraw from the purchase agreement:
4. To meet the deadline for withdrawing from the contract, the buyer must send a statement of withdrawal within the withdrawal period.
5. The buyer may use the standard withdrawal form provided by the seller to withdraw from the purchase agreement. The withdrawal from the purchase agreement shall be sent by the buyer to the email or mailing address of the seller as specified in these Terms and Conditions. The seller will promptly acknowledge the receipt of the form to the buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal of the contract. The buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by the usual postal route.
7. If the buyer withdraws from the contract, the seller will immediately, no later than within 14 days from the withdrawal of the contract, return all funds received from the buyer, including the costs of delivery, using the same method of payment. The seller will only return the received funds by another method if the buyer agrees to it and if it does not result in additional costs for the buyer.
8. If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller will refund the buyer for the costs of the delivery method equivalent to the cheapest offered by the seller.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer until the buyer hands over the goods to the seller or proves that they have sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, not worn or soiled, and, if possible, in their original packaging. The seller is entitled to unilaterally set off a claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.
11. The seller is authorized to withdraw from the purchase contract if stocks are exhausted, goods are unavailable, or if the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The seller shall promptly inform the buyer via the email address provided in the order and, within 14 days of notifying the withdrawal from the purchase contract, return all funds received from the buyer based on the contract, including the delivery costs, in the same manner or as directed by the buyer.
1. The seller assures the buyer that the goods are free from defects upon receipt. In particular, the seller assures the buyer that at the time when the buyer received the goods:
2. The seller's obligations resulting from defective performance are at least to the extent of the obligations resulting from defective performance by the manufacturer. Otherwise, the buyer is entitled to assert the rights arising from a defect that occurs in consumer goods within twenty-four months of takeover.
3. If there is a period specified for the usability of the goods on the sold item, its packaging, in the instructions attached to the goods, or in advertising, in accordance with other legal regulations, the provisions regarding the warranty for quality will apply. The warranty for quality obliges the seller to ensure that the goods will be fit for the usual purpose for a certain period or that it will maintain its usual properties. If the buyer justifiably raises a defect in the goods against the seller, the period for asserting rights from defective performance does not run, nor does the warranty period for as long as the buyer cannot use the defective goods.
4. The provisions stated in the preceding paragraphs of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by the usual use of the goods, for used goods for a defect corresponding to the extent of use or wear and tear that the goods had at the time of delivery to the buyer, or if it arises from the nature of the goods. The right to defective performance does not belong to the buyer if, before accepting the goods, the buyer knew that the goods were defective, or if the buyer caused the defect themselves.
5. In case of a defect, the buyer may submit a complaint to the seller and request:
6. The buyer has the right to withdraw from the contract in the following cases:
7. Material breach of contract means such a violation of the contract that the party breaching the contract already knew or should have known about at the time of entering into the contract, and the other party would not have entered into the contract if it had foreseen this breach.
8. For a defect that constitutes an immaterial breach of contract (regardless of whether it is a remediable or non-remediable defect), the buyer is entitled to have the defect rectified or a reasonable price reduction.
9. If a remediable defect reoccurs after repair (typically the third complaint for the same defect or the fourth for different defects), or if the goods have a higher number of defects (usually at least three defects at the same time), the buyer has the right to request a price reduction, replacement of the goods, or withdrawal from the contract.
10. When submitting a complaint, the buyer is required to inform the seller of the chosen remedy. Changing the choice without the seller's consent is only possible if the buyer requested the repair of a defect that turns out to be unrepairable. If the buyer does not choose their remedy for a substantial breach of contract in time, they have the same rights as in the case of a non-substantial breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.
12. If the seller proves that the buyer was aware of the defect in the goods before taking possession of them or caused the defect themselves, the seller is not obligated to fulfill the buyer's claim.
13. The buyer cannot file a complaint regarding discounted goods due to the reason for which the item was discounted.
14. The seller is obligated to accept the complaint at any of their retail locations where accepting a complaint is possible, or at their registered office or place of business. The seller must provide the buyer with a written confirmation of when the buyer exercised their right, the content of the complaint, the way the buyer requests to handle the complaint, as well as confirmation of the date and method of handling the complaint, including confirmation of any repairs and the duration of such repairs, or a written explanation for the rejection of the complaint.
15. The seller or an authorized employee will decide on the complaint immediately, or in complex cases, within three working days. The time necessary for professional assessment of the defect, based on the type of product or service, will not be included in this period. The complaint, including defect rectification, must be handled without undue delay, no later than 30 days from the date the complaint was filed unless the seller and the buyer agree on a longer period. If this period expires without resolution, it will be considered a substantial breach of the contract, and the buyer has the right to withdraw from the purchase agreement. The moment of filing the complaint is considered when the buyer's expression of will (exercising the right to rectify defects) reaches the seller.
16. The seller informs the buyer in writing about the results of the complaint.
17. The right to claim for defective performance does not apply if the buyer knew about the defect before accepting the item, or if the buyer caused the defect themselves.
18. In the case of a justified complaint, the buyer has the right to claim reimbursement for reasonably incurred costs associated with the complaint within one month after the warranty period has expired. If the buyer fails to do so within this timeframe, the court may not grant this right.
19. The choice of the method of complaint is up to the buyer.
20. The rights and obligations of the contractual parties regarding rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
1. The contractual parties can mutually deliver all written correspondence via email.
2. The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or order.
1. All the information you provide during our cooperation is confidential, and we will treat it as such. We will not use your data for any purpose other than fulfilling the contract, unless you give us written consent. The exception to this is your email address, which may be used to send you business communications, as permitted by the law, provided you do not opt out. These communications may relate only to similar or related products and can be unsubscribed from at any time through a simple means (by sending a letter, email, or clicking on a link in the business communication). For this purpose, your email address will be retained for a period of 3 years from the date of the last contract concluded between the contracting parties.
2. You can find more detailed information on personal data protection in the Terms of Privacy.
1. The out-of-court resolution of consumer disputes arising from a purchase agreement falls under the jurisdiction of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the seller and the buyer arising from a purchase agreement.
2. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as a contact point under 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).
3. The seller is authorized to sell goods based on a trade license. The trade control is carried out by the respective trade licensing office within its scope of competence. The Czech Trade Inspection exercises, within its defined scope, oversight over compliance with Act No. 634/1992 Coll., on Consumer Protection, among other responsibilities.
1. All agreements between the Seller and the Buyer are governed by the legal order 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 law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of § 1826, paragraph 1, letter e) of the Civil Code.
3. All rights to the Seller's website, especially copyrights to content, including page layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the Seller's consent.
4. The Seller is not responsible for errors resulting from third-party interference in the online store or from its misuse in violation of its intended use. The Buyer must not use any methods while using the online store that could negatively impact its operation. The Buyer must not engage in any activities that may allow unauthorized interference or use of the software equipment or other components that make up the online store for themselves or third parties, and should use the online store, its parts, or software equipment in a manner that is consistent with its intended purpose.
5. By this, the Buyer assumes the risk of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
6. The purchase agreement, including the terms and conditions, is archived by the seller in an electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations that arise during the effectiveness of the previous version of the terms and conditions.
8. An attachment to the terms and conditions is a sample withdrawal form.
These terms and conditions take effect on November 20, 2020.