Operated by AF Fitness s.r.o., Company Reg. No. 02964180,
Registered seat: Střelniční 2133, Frýdek, 738 01 Frýdek-Místek
1. Introductory provisions
1.1 The Seller
1.1.1 The e-shop cz is operated by AF Fitness s.r.o., Company Reg. No. 02964180, a limited liability company with its registered seat at Střelniční 2133, Frýdek, 738 01 Frýdek-Místek, registered in the Commercial Register at the Regional Court in Ostrava, Section C, File 80198.
1.1.2 Seller contact information:
a) Mailing address: Střelniční 2133, Frýdek, 738 01 Frýdek-Místek
b) e-mail address: firstname.lastname@example.org
1.2 Commercial Terms and Conditions
1.2.1 These Commercial Terms and Conditions of the e-shop cz (hereinafter also referred to as the “Terms” and the “E-shop” respectively) are an integral part of the Purchase Contract entered into between the Buyer and the Seller via the E-shop’s website, and define the mutual rights and of the parties ensuing from the Purchase Contract.
1.2.2 Unless otherwise expressly stated in the Purchase Contract, in a specific offer of Goods on the E-shop website or in the terms of a special offer, or unless excluded by the Purchase Contract, a specific offer or the terms of a special offer, or modified in any other way, these Commercial Terms and Conditions shall apply to the parties’ mutual relationships arising hereunder.
1.2.3 The Seller shall be entitled to amend these Commercial Terms and Conditions unilaterally at any time. However, the rights and obligations from Purchase Contracts already entered into shall be governed by the wording hereof in effect at the time when such a Purchase Contract is entered into, and any later amendments to these Terms shall have no effect on Purchase Contracts already entered into. Buyers with a valid user account shall be informed in advance about such changes in the manner and within the time frame specified under Article 9.1.
1.3 Archiving Options for the Commercial Terms and Conditions
1.3.1 The Commercial Terms and Conditions shall be continuously accessible at the E-shop’s website under the URL https://www.affitness.com/vse-o-nakupu-/.
1.3.2 The Buyer can print the Commercial Terms and Conditions or bookmark them in the browser.
1.3.3 The Seller shall archive current Purchase Contracts in electronic form, and they will not be accessible.
1.3.4 Buyers can particularly archive data about their Orders by archiving confirmations of receipt of Orders, which shall be sent by e-mail to the e-mail address that the Buyer has provided in the Order. Each such confirmation shall contain a summary of all data that the Buyer has entered in the Order form, particularly the description of the Goods, the purchase price including VAT, cost of shipping and any other relevant data and conditions.
1.4 Definitions and Explanation of Terms
1.4.1 E-shop – an online system operated on the internet at the address (URL) https://www.affitness.com, which enables buyers and sellers to enter into Purchase Contracts via remote communication means.
1.4.2 Buyer – a natural person (individual), a natural person (entrepreneur) or a company or organisation with whom the Seller has entered into a Purchase Contract via the E-shop.
1.4.3 Buyer (Consumer) or simply Consumer – a natural person (individual) who does not enter into the Purchase Contract as part of his/her business activities or self-employment (Section 419 of the Civil Code); in parts where it is expressly stated that these Terms relate solely to a relationship between the Seller and a Buyer who is a consumer.
1.4.4 Purchase Contract – a purchase contract entered into in electronic form via the E-shop between the Seller and a Buyer.
1.4.5 The Civil Code – Act No. 89/2012 Coll., the Civil Code, as amended.
1.4.6 Commercial Terms and Conditions – the Commercial Terms and Conditions of the website affitness.com, which form an integral part of a Purchase Contract;
1.4.7 Order – an electronic binding proposal for entering into a Purchase Contract that is produced by completing the necessary information in the order form (e.g. identification of Goods, quantities, delivery address) and sending it to the Seller via the E-shop.
1.4.8 Seller – the operator of the E-shop, AF Fitness s.r.o., identified in Article 1.1.
1.4.9 User Account – an interface accessible on the E-shop website after logging in with the user name and password based on a User’s registration, facilitating submission of Orders and working with the E-shop.
1.4.10 Goods – sport and leisure clothes, their accessories, dietary supplements and other Goods offered by the Seller via the E-shop, which form the subject of Purchase Contracts.
2. BUYER AND USER ACCOUNT
2.1 Possibilities for Purchases from the E-shop
2.1.1 Regardless of whether the Buyer is a natural person or a company or organisation, and regardless of whether the Buyer is in the position of a consumer or not, an unregistered Buyer may enter into one-time Purchase Contracts (one-time purchases), or may register with the E-shop and create a User Account for making purchases.
2.1.2 The terms of Purchase Contracts may differ for one-time purchases and purchases via a User Account, especially as regards the amount of the purchase price of the Goods, shipping fees or amounts of discounts subtracted from the purchase price, or as regards gifts and bonuses provided together with a purchase. The character of a purchase, however, shall have no effect on the Seller’s fulfilment of the Purchase Contract, particularly on the delivery deadline, quality of delivered Goods or complaint handling.
2.2 User Account Registration and Login
2.2.1 A customer who is interested in using a User Account may complete a registration form in the respective section of the E-shop website, which includes choosing a user name and password for access to the User Account. Upon accepting a completed registration form, the Seller shall send the Buyer confirmation that the User Account has been successfully established. The Seller may request that the Buyer provide two-factor authentication when accessing the User Account for the first time. The Buyer activates the User Account by logging into it for the first time.
2.2.2 During the registration process, the Buyer will be asked to agree to the Commercial Terms and Conditions. A User Account cannot be created without such agreement. Expressing agreement with these Terms means that the Buyer has been familiarised with their wording, which governs all Purchase Contracts entered into via the User Account. When entering into individual Purchase Contracts (sending Orders pursuant to Article 3.2), Buyers who are already registered users will not have to accept the Commercial Terms and Conditions again. In the event of a change to the Commercial Terms and Conditions, the Seller shall treat registered Buyers in the manner described in Article 9.1.
2.2.3 Contact and forwarding details of the Buyer are saved in the User Account, so that they can be completed automatically in individual Orders which the Buyer places when logged into the User Account. The Buyer shall be responsible for ensuring the accuracy of entered data during the registration process – the Seller shall not be liable for any damages or delays that arise as a result of incorrect data in the User Account. If there is a change to the contact and/or forwarding details, the Buyer shall be required to update the submitted data in the User Account.
2.2.4 The User Account will contain the entire history of the Buyer’s purchases from the E-shop, including issued invoices and documents pertaining to complaints/claims regarding Goods. By creating a User Account, the Buyer agrees that all documents, including those for which applicable legislation requires written form, may be delivered via the User Account in electronic form.
2.3 User Account Cancellation
2.3.1 The Buyer may cancel the User Account at any time. In such case, the Seller shall delete all data in the E-shop that have been maintained in the User Account, including login credentials. Cancellation of the User Account shall have no effect on details regarding individual Purchase Contracts entered into with the particular Buyer, or on the performance of such contracts by the Seller.
2.3.2 The Seller shall be entitled to cancel the User Account if it has not been used to enter into a Purchase Contract for at least 3 years, or if the Buyer has not logged into it for at least 1 year. Upon cancellation of the User’s account, the Seller shall inform the Buyer by e-mail sent to the Buyer’s e-mail address specified in the User Account. The Seller shall likewise be entitled to cancel the User Account if the Buyer repeatedly breaches these Commercial Terms and Conditions, particularly if the Buyer repeatedly makes ungrounded complaints or repeatedly withdraws from a Purchase Contract in a manner that conflicts with Article 5.
2.3.3 User Account cancellation shall have no effect on the User’s ability to enter into a Purchase Contract by making a one-time purchase (although the Seller shall be entitled to refuse to enter into a Purchase Contract with a Buyer who has cancelled a User Account previously due to a breach of the Commercial Terms and Conditions in the manner referred to in the last sentence of the previous paragraph, and may adopt necessary technical measures to identify such Buyers for this purpose). If their User Account has been cancelled, Buyers must re-enter their identification details in order to make a one-time purchase.
3. OFFER OF GOODS, ORDERS, AND ENTERING INTO PURCHASE CONTRACTS
3.1 Offer of Goods
3.1.1 Goods displayed in the E-shop shall not constitute legally binding offers as defined by Section 1732(2) of the Civil Code. They shall only constitute a way of encouraging Buyers to submit a binding request for entry into a Purchase Contract.
3.1.2 The Seller does not guarantee the immediate availability of Goods which are shown on the E-shop website or of Goods which are not labelled as “in stock”. Delivery deadlines are defined in Article 4.1.
3.1.3 After clicking on an offer of Goods on the E-shop website, a description of the goods will be displayed, along with the option to choose size or colour variants, if relevant for the particular Goods, as well as the exact price including VAT, and usually also photographs of the Goods. The purchase price for the Goods shall be valid at the time an Order is sent pursuant to Article 3.2. The purchase price for the Goods according to an Order shall remain valid even if the amount of the purchase price for the particular Goods changes after the Order has been sent.
3.2 Ordering Goods via the E-shop
3.2.1 If interested in offered Goods, the Buyer shall add them to the cart by clicking on the basket icon. Before sending an Order, the Buyer shall have the opportunity to identify and eliminate errors that arise during data entry into the Order form and, in particular, shall have the option of removing individual items from the cart and checking and changing details specified in the Order, mainly the quantities and type of Goods and contact information.
3.2.2 Before sending an Order, the Buyer shall be shown a summary of all of the Goods in the cart, the price of the Goods including VAT, individual quantities, the total price for all Goods in the cart, shipping fees and any applicable taxes and fees that the Buyer is expected to pay (especially a cash on delivery fee).
3.2.3 Before an Order is sent, the Buyer shall be asked to confirm agreement with the Commercial Terms and Conditions and with the Personal Data Protection Policy, which the Buyer can read when creating the Order. A Buyer who has established a User Account and who is logged into it when creating an Order will not be required to re-accept the Commercial Terms and Conditions and the Personal Data Protection Policy.
3.2.4 When an Order has been submitted by clicking on the “Submit Order” button, the Buyer shall be considered to have requested that a Purchase Contract be entered into with the Seller.
3.3 Confirmation of Receipt of Orders and Creation of a Purchase Contract
3.3.1 After the Order has been delivered, the E-shop’s system shall confirm its acceptance by e-mail sent to the Buyer’s e-mail address entered when placing the Order (or during registration if the Buyer has a User Account). Without providing a valid e-mail address in an Order, the Order cannot be confirmed and a Purchase Contract cannot be entered into. Confirmation of delivery of an Order shall include, in particular, all details relating to the purchased Goods, which are specified in Article 3.2.2 and which also include the wording of these Terms in PDF format or in another similar format valid as of the date on which the parties enter into the Purchase Contract.
3.3.2 Confirmation of an Order as referred to in the previous Article shall constitute the Seller’s acceptance of the Buyer’s request to enter into a Purchase Contract. Upon delivery of such confirmation to the Buyer, the parties shall be deemed to have entered into a Purchase Contract in accordance with the Order.
3.3.3 The Buyer shall have no legal entitlement to enter into a Purchase Contract. The Seller is not required to confirm an Order pursuant to this Article or to enter into a Contract with the Buyer, even if all of the Goods in the Order are fully available. The Seller is also authorised to withdraw from a Purchase Contract entered into as referred to in the previous paragraph even without specifying a reason up until the moment that the Goods are handed over for dispatch.
3.3.4 The Seller is always entitled, depending on the character of the Order (an unusual quantity of the Goods, the amount of the purchase price and the expected costs for shipping, or the Buyer’s business operator status) to ask the Buyer for an additional confirmation of the Order (e.g. in writing or by phone). If the Buyer does not confirm the Order, the Seller may require payment of the entire purchase price before sending the Goods to the Buyer, otherwise the Seller shall be entitled to refuse to enter into a Purchase Contract or to withdraw from an existing Purchase Contract. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
3.3.5 Based on a Purchase Contract entered into, the Seller undertakes to deliver the ordered goods to the Buyer for the agreed price, and the Buyer undertakes to pay the purchase price.
3.3.6 The Buyer shall bear separate costs for using communication means for the purpose of entering into a Purchase Contract, and these costs shall not differ from the regular rates. The Buyer hereby acknowledges that the amounts of these costs may depend on the quality of the internet connection and phone services used by the Buyer to communicate with the Seller and/or to enter into the Purchase Contract.
3.4 Application of the Commercial Terms for Consumers and Entrepreneurs, Use of Czech law and the Language of Purchase Contracts
3.4.1 Purchase Contracts entered into between the Seller and the Buyer shall be governed by the Civil Code. If the Buyer is a consumer as defined by the provisions of Section 419 of the Civil Code, Purchase Contracts shall be governed, in addition to the relevant provisions of the Civil Code governing purchase contracts (Section 2079 et seq.) by the provisions of the Civil Code applying to the sale of goods in a commercial enterprise (Section 2158 et seq.) and general arrangements for consumer contracts (Section 1810 et seq.).
3.4.2 If the Buyer is a business operator as defined by the provisions of Sections 420 and 421 of the Civil Code, the relevant provisions of the Civil Code shall apply. Neither the provisions regarding obligations ensuing from contracts entered into with a consumer (Section 1810 et seq.), nor the provisions regarding the sale of goods in a commercial enterprise (Section 2158 et seq.) shall apply to a relationship between the Seller and a Buyer who is a business operator, and selected rights and obligations in certain areas, such as liability for defects, warranties for quality and/or compensation for damages, may be arranged in the Commercial Terms and Conditions separately from the relevant provisions of the Civil Code, unless they are provisions of a binding nature.
3.4.3 Unless otherwise specified herein that a certain article or group of articles of the Commercial Terms and Conditions shall apply only to a Buyer who is a consumer or, conversely, for a Buyer who is a business operator, these Commercial Terms and Conditions shall apply to all Purchase Contracts, regardless of whether the Buyer is a consumer or business operator.
3.4.4 Czech law shall apply to relationships ensuing from Purchase Contracts. The parties hereto can enter into Purchase Contracts in the Czech language.
3.5 Rights and Obligations Ensuing from Purchase Contracts, and Payment Terms
3.5.1 The Seller is required to deliver the ordered Goods to the Buyer for the Agreed Price, and the Buyer is required to accept the Goods and pay the purchase price. The provisions of Article 3.3.3 regarding the option of withdrawal from the Agreement by the Seller shall not be affected thereby in any way.
3.5.2 Buyers are entitled to choose from the payment methods offered by the Seller for paying the purchase price, and more detailed information regarding individual payment methods shall be provided to the Buyer within the respective section of the E-shop’s website and in the Order creation process.
3.5.3 If the Buyer does not withdraw from the Purchase Contract in accordance with Article 5 and refuses to take possession of the Goods when they are delivered, the Buyer will have breached his/her obligations under the Purchase Contract. The Seller shall thereby become entitled to compensation for damages in the amount corresponding to the incurred costs for shipping the Goods.
3.5.4 If the Buyer selects any of the online payment methods (e.g. payment by card, online bank transfer or an e-wallet), the Buyer shall submit the payment as part of the Order creation process before the Purchase Contract is entered into, pursuant to Article 3.3.2. If the Seller does not confirm its intention to enter into a Purchase Contract pursuant to Article 3.3.3, the payment will be cancelled by the Seller.
4. DELIVERY OF GOODS IN ACCORDANCE WITH A PURCHASE CONTRACT
4.1 Delivery Deadline
4.1.1 Unless otherwise stated for particular Goods, the Seller shall hand over the Goods that are in stock for dispatch no later than 2 days from the date on which the parties enter into a Purchase Contract. If the Seller does not have the particular Goods in stock (goods that must be ordered), the Seller shall specify when the Goods will be sent to the Buyer in the confirmation of an Order and/or shall inform the Buyer by e-mail after the parties enter into a Purchase Contract. If the deadline for delivery of such Goods is more than 10 business days and the Buyer does not agree to the deadline, the Buyer shall be entitled to withdraw from the Purchase Contract. In such a case, the withdrawal shall apply to all Goods for which the Purchase Contract has been entered into, including Goods that are in stock.
4.1.2 If the Buyer pays the purchase price by bank transfer and does not state the variable symbol (payment reference number) that the Seller has specified, or states an incorrect variable symbol, then the delivery deadline may be extended by the amount of time necessary for the Seller to identify the payment.
4.2 Delivery Method and Shipping Costs
4.2.1 The delivery method for the Goods shall be specified by the Buyer in the Order. The Seller shall be deemed to have fulfilled the requirement to deliver the Goods by sending them to the address that the Buyer has specified in the Order. The shipment containing the Goods may also be accepted by another person located at the address, if such a person identifies himself/herself to the shipper and fulfils any other conditions (particularly by paying the purchase price for the Goods, if cash on delivery has been arranged).
4.2.2 As well as the Goods, the Seller shall also send the Buyer an invoice for the Goods to the Buyer’s e-mail address specified in the Order.
4.2.3 The Seller shall send the Goods to the Buyer via a contractual shipper, specified during the Order creation process. The Buyer shall be charged shipping fees depending on the selected delivery method, in an amount which the Seller communicates to the Buyer during the Order creation process.
4.2.4 The Seller shall be entitled to withdraw from the Purchase Contract or to refuse to deliver additional Goods to the Buyer for as long as the Buyer is in arrears with fulfilment of any financial obligations towards the Seller.
4.3 Transfer of the Liability for Damage to Goods
4.3.1 The ownership of the Goods shall pass to the Buyer upon their handover to the Buyer (if the purchase price has already been paid), or otherwise upon payment of the purchase price in full.
4.3.2 The risk of damage to the Goods shall pass to the Buyer when the Seller hands the Goods over to the shipper for their transport to the destination specified in the Purchase Contract. If the Goods are not sent via a shipper, the relevant provisions of the Civil Code shall apply (Section 2121 et seq.).
4.4 Buyer’s Inspection of the Goods
4.4.1 The Buyer is required to inspect the Goods and to check them prior to accepting them from the shipper, to ensure that they do not show signs of damage caused during transport (particularly whether the parcel and/or original packaging of the Goods has been damaged, if detectable). In the event of damage to the parcel, the Buyer shall be required to check the condition of the Goods inside the parcel and, in the presence of the shipper, to produce a record of the damage that has occurred during transport.
4.4.2 Regardless of whether the parcel shows signs of damage or not, the Buyer shall always be required, without undue delay after accepting the parcel, to inspect the Goods and to make a claim for any discovered defects to the Seller promptly after their discovery.
4.4.3 The Buyer shall be required to inform the Seller about any damage to the Goods caused during shipment, even if for such a reason the Buyer does not take possession of the Goods from the shipper. If the Buyer does not draw up a claim report or other similar record of apparent damage to the shipment, the Seller will not be able to take such damage into consideration (see Article 4.3.2).
5. WITHDRAWAL FROM A CONTRACT
5.1 Withdrawal from a Purchase Contract by a Consumer (Article 4.1 Shall Not Apply to a Buyer Who is a Business Operator)
5.1.1 If this Article 5.1 allows with regard to the particular Goods, a Buyer who is a consumer shall be entitled to withdraw from a Purchase Contract even without specifying a reason and without any sanctions within 14 days from:
a) acceptance of the goods by the Buyer or a designated third party (other than the shipper),
b) acceptance of final delivery of Goods by the Buyer or a designated third party (other than the shipper), if the Buyer has ordered various Goods within a single order, but the Seller has delivered them separately in two or more deliveries, or
c) acceptance of the last item or part of Goods by the Buyer or by a designated third party (other than the Shipper), if the Seller has delivered Goods consisting of multiple items or parts in separate deliveries.
5.1.2 For compliance with the deadline for withdrawal, it will suffice to send the Seller notice of withdrawal prior to the lapse of the respective period.
5.1.3 The recommended way of withdrawing from a Purchase Contract pursuant to this Article 5.1 is written withdrawal, sent either by regular post to the mailing address specified in Article 1.1.2 or via e-mail to the Seller’s e-mail address specified in Article 1.1.2; the form for withdrawal from a Purchase Contract in electronic form is part of these Commercial Terms and Conditions as an inseparable attachment, and it can be downloaded and/or printed and sent to the Seller in the manner specified above in this Article. The Buyer shall also receive a form for withdrawal from the Purchase Contract in text form as part of the confirmation of delivery of an Order according to Article 3.3.1. In the notice of withdrawal, the Buyer shall be required to state his/her full name, the Order number and the date when the Order was sent (purchase date).
5.1.4 If withdrawing from a Purchase Contract, the Buyer shall be required to return the Goods in their undamaged original packaging (if such packaging has been delivered) and with complete documentation if provided with the Goods, to the address of the Seller’s registered seat. The Buyer shall be required to send the Goods to the Seller within 14 days from the date on which notice of withdrawal is sent to the Seller. The costs related to the return of the Goods shall be borne by the Buyer, even if such Goods cannot be returned in the usual manner due to their nature.
5.1.5 Goods returned by the Buyer as a result of withdrawal from a Purchase Contract will be accepted by the Seller at the address specified in Article 1.1.2. Goods cannot be returned by sending them for cash on delivery, and such shipments will not be accepted by the Seller; furthermore, the Seller shall not be liable for their loss, destruction or damage.
5.1.6 Aside from other reasons defined by applicable legislation (Section 1837 of the Civil Code), the Buyer shall not be entitled to withdraw from a Purchase Agreement particularly in the following situations:
a) If the Goods have been modified individually to meet the Buyer’s wishes
b) If the subject of the Purchase Contract is Goods that are perishable or quickly worn out
c) If the Goods have been delivered in a sealed package, but the Buyer has removed them from the package and/or damaged the packaging, and the Goods cannot be returned for sanitary reasons (particularly undergarments)
d) If the delivered Goods have been irreversibly combined with other goods
5.1.7 If, after notice of withdrawal notice has been accepted and the Goods have been returned, the Seller discovers that the withdrawal was ungrounded (particularly if it occurred following the lapse of the period of time specified in Article 5.1.1 and/or if any situations exist due to which the Buyer cannot withdraw from the Purchase Contract according to Article 5.1.6), the Goods shall be returned to the Buyer at the Buyer’s expense, and the Buyer shall not be entitled to a refund of the purchase price according to Article 5.1.9.
5.1.8 The Buyer shall not be liable in connection with the withdrawal from a Purchase Contract according to Article 4.1 for depreciation of the value of the Goods resulting from handling in a manner that is necessary in order to become familiar with their nature, properties and functionality. The Seller hereby expressly states that for this purpose in the case of clothing or footwear, briefly trying them on to make sure they are the right size and fit in the same way that the Buyer would have tried them on when making a purchase in person at a regular shop shall suffice. For familiarisation with the nature and properties of Goods, it is not necessary in the case of attire to actively wear it, use it during sport activities or wash it, and in the case of packaged food products, it will not be necessary to unwrap them or otherwise breach their original packaging, and if such Goods are treated in this way, then the Buyer shall lose the option of withdrawing from the Purchase Contract. If, prior to sending the Goods to the Seller, they are damaged, worn out (other than to the extent necessary to become familiar with their condition) or partially worn out, the Buyer shall be liable to the Seller for damages so caused, but only up to the maximum of the price of the Goods. Damage to the Goods shall not include damage of packaging other than original packaging in which the shipment containing the Goods has been delivered.
5.1.9 If the Buyer withdraws legitimately, the Seller shall be required, within no more than 14 days from delivery of notice of withdrawal, to refund the purchase price to the Buyer, including already paid costs for shipping the Goods at the lowest shipping cost for Goods offered by the Seller, in the same manner as they have been accepted from the Buyer by the Seller. The Seller shall also be entitled to refund the purchase price paid by the Buyer in a different manner, but only if the Buyer agrees and no additional costs are thereby incurred by the Buyer.
5.1.10 The Buyer shall also be entitled to withdraw from a Purchase Contract, but only for certain Goods, if the subject of the Purchase Contract was multiple types of Goods (unless, in relation to such Goods, there are circumstances that make it impossible to withdraw from the Purchase Contract, as referred to under Article 5.1.6). However, in such a case, the Seller shall not be obliged to refund the Buyer for costs incurred for shipping the Goods.
5.1.11 However, regardless of the deadline specified in Article 5.1.9, the Seller shall not be required to return the purchase price to the Buyer sooner than the Buyer delivers the Goods pursuant to Article 5.1.4, and/or before the Buyer proves that the Goods have already been sent back.
5.1.12 If, together with the Goods, the Seller has provided a gift to the Buyer, the gift agreement regarding the particular gift shall be deemed to have been arranged between the Seller and Buyer with a severance condition that if the Buyer withdraws from the Purchase Contract according to this Article 5.1 of the Commercial Terms and Conditions, the gift agreement regarding such a gift shall lose its effectiveness, and the Buyer shall also be required to return the provided gift along with the Goods.
5.2 Withdrawal from a Purchase Contract by a Business Operator
5.2.1 For the purposes hereof, business operators shall be understood as the persons and/or entitles specified in the provisions of Sections 420 and 421 of the Civil Code.
5.2.2 A buyer who is a business operator shall be entitled to withdraw from a Purchase Agreement if the Seller commits a substantial breach of contract, particularly if the Seller is delayed with delivery of the Goods by more than 14 days (compared to the stated delivery deadline for the Goods according to Article 4.1.1).
5.2.3 Withdrawal from a Contract must be executed in writing, and the Buyer shall specify the Order number (specified in the confirmation of the Order) and the purchase date in the notice of withdrawal.
5.2.4 In the case of valid withdrawal from a Purchase Contract, the Seller shall be required to refund the purchase price to the Buyer by non-cash transfer to the Buyer’s account from which the purchase price has been paid.
6. LIABILITY FOR DEFECTIVE GOODS AND CLAIMS
6.1 Flawlessness of Goods and Quality Requirements for the Buyer (Consumer)
6.1.1 The Seller shall be responsible to the Buyer for ensuring that the Goods are free of defects upon takeover. In particular, at the time when the Buyer takes possession of the Goods, the Seller shall be responsible for ensuring that:
a) the Goods have the properties that the Seller expressly specifies on the E-shop’s website (usually in the description of the Goods) and which is specified in the Purchase Contract or in the Order, and if such descriptions are missing, then the properties that the Seller or the manufacturer of the Goods has described, or which the Buyer expects in view of the nature of the goods and based on advertising in which the Goods are shown (particularly with regard to composition, country of origin and/or specific declared characteristics)
b) the Goods are provided in the quantity, dimensions or weight corresponding to the Purchase Contract
c) the Goods are suitable for the purpose of use specified by the Seller on the E-shop’s website (usually in the description of the Goods) or the purpose for which goods of this type are normally used
d) the Goods satisfy the requirements of legislation (particularly with regard to their composition, use by date, etc.)
6.1.2 The Seller shall be responsible for ensuring that the Goods retain their declared properties, as well as those expected by the Buyer, for the duration of their warranty period or, in the case of food products, until their use by date, provided that the Buyer complies with requirements for their proper use and storage. The warranty period shall begin to run on the date on which the parties enter into a Purchase Contract. The expiration period for food products (and/or dietary supplements) shall begin to run from the production date (if specified on the packaging) and shall end no later than the specified use by date. Goods that do not have these properties upon acceptance, or whose characteristics deteriorate during the warranty period or expiration period according to this paragraph shall be considered defective.
6.1.3 A quality warranty for food products shall be provided for the period until their use by date. If the Buyer discovers that the Goods have any defects according to Article 6.1.2, the Buyer shall be entitled to exercise rights ensuing from such defects by submitting a claim.
6.1.4 In the case of Goods other than food products with an indicated expiration date, the Seller shall be liable for defects in the Goods (see Article 6.1.2) which occur during a period of 24 months from the acceptance of the Goods by a Buyer who is a consumer.
6.1.5 The Seller shall not be liable for defects in the Goods that occur during the warranty period (or during the period until the expiration date) in the following cases:
a) For Goods sold for a lower price due to defects for which a discounted price has been agreed upon (defects in product packaging, approaching use by dates or products which are past their use by dates, etc.)
b) In the event of a defect caused by improper use or storage of Goods
c) For defects resulting from failure to follow the instructions specified by the manufacturer or Seller, with which the Buyer has been familiarised
6.2 Rights Ensuing from a Defective Performance and Quality Warranty for the Buyer (Business Operator)
6.2.1 The rights of a Buyer who is a business operator ensuing from a defective performance shall be governed by the provisions of Sections 2099 to 2112 of the Civil Code.
6.2.2 The Seller shall provide a Buyer who is a business operator with a quality warranty for the same length as provided by the manufacturer or distributor of the Goods in the form of a warranty certificate or another express written declaration of warranty which has been handed over to the Buyer or with which the Buyer has been provably familiarised; the warranty shall begin to run from the date specified by the manufacturer and/or distributor. If a warranty certificate has not been issued for the Goods, the Buyer shall exercise rights ensuing from defects based on a document of purchase (invoice) issued by the Seller and shall only have rights ensuing from a defective performance as defined by Sections 2099 to 2112 of the Civil Code.
6.2.3 If the length of the warranty period is specified on the E-shop’s website, the warranty period shall be intended solely for Buyers who are consumers, not for Buyers who are business operators. At the request of a Buyer who is a business operator, the Seller shall disclose the length of the warranty period before the parties enter into a Purchase Contract.
6.3.1 Claims must be made for discovered defects by a Buyer who is a business operator without undue delay after their discovery, however before the warranty period (and/or the specified use by date in the case of food products) elapses. A Buyer who is a business operator must make a claim for a defect without undue delay after it becomes possible to detect the defect by timely inspection and by taking sufficient professional care, otherwise the court shall not recognise any rights ensuing from defective performance. If the Seller provides a Buyer who is a business operator with a quality warranty for Goods, such a Buyer shall be required to make a claim for such defects by no later than the end of the warranty period.
6.3.2 All claims must be submitted by the Buyer in writing or by e-mail to the Seller’s address specified in Article 1.1.2. Notice of a claim must contain at least the following information:
a) Identification of the Buyer and the Buyer’s address, including a phone number and e-mail address, identification of the Purchase Contract and the Goods subject to the claim
b) Identification of the defect, a description of its manifestation and how it was detected, and a description of how it conflicts with the Purchase Contract
c) Indication of the required method of eliminating the defect in accordance with Article 6.4.
6.3.3 If it is necessary to send the Goods back to the Seller in connection with a claim, then the Buyer shall be required, in his/her own interest, to wrap the Goods in suitable and sufficiently protective packaging, to label the package with necessary symbols, and to visibly mark the package with the word “REKLAMACE” (“Complaint/Claim”). The Seller may agree with the Buyer to ensure return shipping of the Goods subject to a claim by the Seller’s own means (although the Buyer is not legally entitled to such a procedure).
6.3.4 In the case of a legitimate complaint/claim, the Seller shall reimburse the Buyer for provably and reasonably incurred costs for returning Goods subject to a claim to the Seller in accordance with Article 6.6.
6.4 Entitlements Ensuing from Defects in Goods
6.4.1 Entitlements ensuing from defects in Goods as specified in this Article 4 apply only to Buyers who are consumers. The entitlements of a Buyer who is a business operator shall be governed by the provisions of Sections 2099 to 2112 of the Civil Code.
6.4.2 Delivery of new Goods and/or their replacement – in view of the nature of the majority of Goods offered by the E-shop (such as clothing, accessories for attire and footwear), there is a basic entitlement to delivery of new Goods without defects (in particular Goods in the correct sizes and colours, Goods in undamaged sanitary packaging, delivery of Goods in quantities that match the Order and Purchase Contract) as well as their exchange for Goods without defects, unless such a solution is unreasonable given the nature of the defects. Such an entitlement shall be considered unreasonable primarily if the costs for sending such new Goods to the Buyer exceed the actual purchase price of the Goods, or if the defective Goods represent only a negligible part of the Goods that formed the subject of the Purchase Contract. If a defect applies solely to certain parts of Goods delivered based on a Purchase Contract, the Buyer may exercise the right to delivery of new Goods for such parts only. If delivery of flawless Goods is not possible, the Buyer may withdraw from the Purchase Contract for the respective part of the Goods (paragraph 6.4.4).
6.4.3 Elimination of defects, repair and replacement of parts free of charge – in the case of Goods for which such a procedure is possible (mainly clothing accessories), the Buyer shall be entitled only to elimination of defects that the Seller discovers free of charge if the parties have agreed on such elimination. In the case of Goods where there is (are) only a defect (defects) in part of the delivered Goods, the Buyer may request replacement of such parts only.
6.4.4 Withdrawal from a Contract – the Buyer shall be entitled to withdraw from a Purchase Contract due to defects in Goods if
a) it is not possible to deliver new Goods and/or replace defective Goods with flawless Goods (Article 6.4.2)
b) there are remediable defects in Goods which have appeared repeatedly, or
c) the Goods have a greater number of remediable defects
6.4.5 Reasonable discount – if the Buyer does not opt for one of the methods of resolving defects referred to in Articles 6.4.2 to 6.4.4, the Buyer may request a reasonable discount of the Purchase Price. The Buyer shall also be entitled to a reasonable discount if the Seller cannot deliver new Goods without defects (particularly if this entitlement would be unreasonable considering paragraph 6.4.2), to replacement of the Goods or parts thereof, or to repair of the Goods, including in cases where the Seller does not arrange to rectify the situation within a reasonable time frame or if such an arrangement would cause significant difficulties for the Buyer.
6.4.6 The Buyer shall not enjoy any rights from a defective performance if the Buyer knew prior to taking possession of the Goods that they were defective (e.g. if it was expressly and comprehensibly stated in the description of the Goods, in the Purchase Contract and/or on the E-shop’s website) or if the Buyer has caused the defects alone.
6.5 Handling of Complaints by the Seller
6.5.1 After the Buyer delivers notice of a complaint to the Seller, the Seller shall confirm the date of the complaint; in the interest of speeding up the complaint handling process, the Seller shall send the Buyer a confirmation of the complaint by e-mail, unless the Buyer expressly requires written confirmation to be sent by regular post.
6.5.2 A complaint submitted by a Buyer who is a consumer must be resolved by the Seller within no more than 30 days from the date on which it is presented. In justified cases, the Seller shall be entitled to request that the Buyer agree on a longer period of time, particularly if cooperation from the manufacturer of the Goods is essential for complaint handling, in which case remedy of the defect (warranty-related repairs) may be extended up to 60 days. The Seller shall inform the Buyer by phone regarding the outcome of the complaint handling and shall send a complaint report in accordance with the following paragraph.
6.5.3 With regard to handling of a complaint from a Buyer who is a consumer, the Seller is required, in accordance with Section 19(1) of Act No. 634/1992 Coll., the Consumer Protection Act, to draw up a complaint report containing at least the following information:
a) The date on which the complaint was submitted (date of acceptance of the report of defects)
b) The reasons for the complaint
c) The means of resolving the complaint required by the Buyer (consumer)
d) The outcome of the inspection of Goods subject to the complaint by the Seller
e) An explanation of whether or not the complaint is legitimate and the method of its resolution (repairs or replacement of Goods, or provision of a reasonable discount)
f) An explanation of potential rejection of the complaint
6.5.4 The Seller shall be required to send the complaint report to the Buyer (consumer) in writing to the Buyer’s address specified in the notice of defects. The Seller and the Buyer (consumer) may agree on sending the complaint report by e-mail to the e-mail address of the Buyer (consumer).
6.6 Costs for Shipping Goods Subject to a Complaint
6.6.1 In the case of a legitimate complaint, the Buyer shall be entitled to reimbursement for costs incurred for shipping the Goods subject to a complaint to the Seller, if the complaint resolution process includes the return of the defective Goods (i.e. all entitlements according to Articles 6.4.2 to 6.4.4 with the exception of entitlement to a reasonable discount off of the purchase price according to Articles 6.4.5). The Seller shall pay the Buyer the costs for shipping incurred if the following conditions are met:
a) The complaint must be judged to be legitimate – it must not involve a situation in which the Seller cannot be held liable for defects
b) The Buyer shall submit a request for reimbursement of essential costs related to shipping of the complained about Goods
c) The Buyer shall prove the amount of expenses in writing by presenting proof of actual payment of the costs for shipping
6.6.2 The Seller shall only reimburse the Buyer for postage in a reasonable amount in view of the nature of the Goods subject to a complaint.
7. LIABILITY FOR DAMAGES
7.1 The Seller’s liability for damages caused to the Buyer (consumer) shall be governed by applicable legislation, in particular the Civil Code.
7.2 If a buyer who is a business operator is a party to a Purchase Contract, the Seller shall be liable for damages caused by the Seller’s breaches of the Purchase Contract.
7.3 The Seller shall not be liable for damages or any other breaches of these Commercial Terms and Conditions or of the Purchase Contract, if they have been caused by an event of force majeure exempting liability.
8. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS
8.1 Personal Data
8.1.1 A buyer who is a natural person acknowledges that during the Order handling process, during fulfilment of a Purchase Contract and/or during management of a User Account, the Seller shall process the Buyer’s personal data as a personal data controller. As the controller of Buyers’ personal data, the Seller shall process their personal data in accordance with the requirements of Regulation of the European Parliament and of the Council (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation “the GDPR”).
8.1.2 Information regarding processing of the Buyers’ personal data in accordance with Article 13 of the GDPR and other information relating to protection of Buyers’ privacy shall be provided by the Seller in a separate document, the Personal Data Protection Policy, which is accessible at any time on the E-shop’s website. That document shall also be provided to Buyers when creating a User Account or when sending each order (if the Buyer is not registered with a User Account).
8.2 Sending Commercial Communications
8.2.1 The Seller is authorised to send e-mails to the Buyer’s address specified in an Order with commercial communications containing information about new products in the range of Goods in the E-shop, in accordance with Section 7(3) of Act No. 480/2004 Coll., on certain information society services.
8.2.2 The Buyer shall be entitled, free of charge and without any sanctions, to unsubscribe from commercial communication referred to in this Article 8.2 when providing their e-mail address, or later in response to any individual commercial communications.
9. FINAL PROVISIONS
9.1 Amendments to the Commercial Terms and Conditions
9.1.1 The Seller is entitled to amend these Commercial Terms and Conditions. A Purchase Contract entered into for a one-time purchase without a User Account shall always be governed by the Commercial Terms and Conditions valid as of the date of placing an Order; placing such an Order, Buyer’s express their agreement with these Terms.
9.1.2 Purchase Contracts entered into by a Buyer via a User Account shall be governed by the wording of the Commercial Terms and Conditions effective at the time of creating the User Account; by creating a User Account, the Buyers shall be considered to have expressed their agreement to the Terms. In relation to a Buyer with a User Account, the Seller shall also be entitled to revise or supplement the Commercial Terms and Conditions at any time to a reasonable extent, particularly due to changes in legislation, technological changes affecting the functionality of the E-shop, due to the introduction of new services by the Seller, or for any other reasons that would cause a gross disproportion in the rights and obligations to the Seller’s detriment.
9.1.3 The Seller shall notify Buyers of any changes to the Commercial Terms and Conditions by e-mail sent to the Buyers’ e-mail addresses registered at the time of creating a User Account; such notice shall include the new version of the Commercial Terms and Conditions, including a brief explanation of the changes implemented and/or by highlighting them in comparison with the original wording of the Commercial Terms and Conditions. The Seller shall send the Buyer such notice of changes to the Commercial Terms and Conditions no later than 15 days before they are to take effect. The notice shall be considered delivered to the Buyers no later than the date on which they first log into their User Account after the notice of changes has been sent.
9.1.4 The amended Commercial Terms and Conditions shall take effect on the date specified in the notice. If the delivery of the notice of changes to the Buyer occurs after that date (for example, if the Buyer logs into the User Account after the date on which the changes are to take effect), the amended Commercial Terms and Conditions shall take effect for the Buyer at the time of such a login.
9.1.5 If the Buyer does not agree with the amended wording of the Commercial Terms and Conditions, the Buyer may cancel the User Account before the changed wording is to take effect.
9.2 The relationship between the Seller and Buyer shall be governed by Czech law, even if the Buyer is a foreign person or entity, and in particular by the Civil Code and applicable consumer protection legislation.
9.3 The Buyer shall have the opportunity to submit any complaints to the Seller in by post or by e-mail to the Seller’s addresses specified in Article 1.1.2. The Seller shall respond to the delivered complaint in the same form as it has been submitted (by post or by e-mail to the Buyer’s address). However, the Buyer reserves the right to refrain from responding to complaints from third parties who have not entered into a Purchase Contract with the Seller or who have not registered a User Account and who are not Buyers as defined by these Commercial Terms and Conditions.
9.4 Out-of-Court Settlement of Consumer Disputes
9.4.1 In the event of a dispute between the Buyer (consumer) and Seller ensuing from the Purchase Contract or registration of a User Account, the Buyer shall be entitled to submit a request for an out-of-court settlement of the dispute to the Czech Trade Inspection Authority (ČOI) for the purpose of entering into an agreement with the Seller using the contact information available on that regulatory body’s website, www.coi.cz. Submission of a request and subsequent participation in an out-of-court settlement of a dispute shall be free of charge for the Buyer, though any costs that arise in connection with an out-of-court settlement shall be incurred by each party separately. The option of an out-of-court settlement of a dispute is voluntary for the Buyer.
9.4.2 Out-of-court settlements of disputes is governed by Section 20d et seq. of Act No. 634/1992 Coll., the Consumer Protection Act. A request for commencement of an out-of-court settlement must contain the details required under Section 20n of the Consumer Protection Act. A request for an out-of-court settlement of a dispute may be submitted no later than 1 year after the date on which the Buyer first makes a claim against the Seller that is the subject of the dispute.
9.4.3 Buyers whose residential addresses are in another EU member state or in Norway or Iceland are entitled to submit a proposal for an out-of-court settlement of their dispute with the Operator via the European Consumer Centre in the country of their residence; a list of these consumer centres can be found on the European Commission’s website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc- net/index_en.htm.
9.5 If any provision hereof is invalid or ineffective for any reason, such a situation shall not make other parts of the Commercial Terms and Conditions or a Contract invalid or ineffective.
9.6 These Commercial Terms and Conditions shall take effect on ……………….