BUSINESS TERMS AND CONDITIONS
M4G HOCKEY s.r.o.
with registered office on Třebovická 5080/41,722 00 Ostrava-Třebovice
Registered in the Commercial Register at the Regional Court in Ostrava, Section C, Entry 53959
for sales of goods through on an online shop at an internet address
m4ghockey.cz and m4ghockey.com
I. INTRODUCTORY PROVISIONS
1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the M4G HOCKEY s.r.o. trade company, with its registered office at Třebovická 5080/41, 722 00 Ostrava-Třebovice, ID: 29447232, registered in the Commercial Register kept at the Municipal Court in Ostrava, Section 53959, File Number C (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting Parties arising in connection or on the basis of a purchase contract (hereinafter referred to the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the Internet website m4ghockey.cz (hereinafter referred to as the “Website”) through the web interface (hereinafter the “Web Interface Business”).
2. The Terms and Conditions do not apply in cases where a person intending to buy the goods from the Seller is a legal entity or person who is acting within its business activities when ordering goods or in their independent pursuit of their profession.
3. The provisions derogating from the terms and conditions may be negotiated in the Purchase Contract. Derogation arrangements in the Purchase Contract prevail over the provisions of the Terms and Conditions.
4. The Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in Czech and English.
The Purchase Contract can be concluded in Czech and English.
5. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
II. USER ACCOUNT
1. Based on the Buyer’s registration on the website, Buyers can access their user interface. From the user interface, the Buyer can perform the ordering of goods (hereinafter referred to as the “User Account”). In case the web interface of the shop allows, the Buyer can also order goods without registration directly from the web interface of the shop.
2. When registering on the website and ordering goods, the Buyer is obligated to correctly and truthfully indicate all data. The Buyer is obligated to update the data given in the user account upon any change. The data provided by the Buyer in the user account and when ordering the goods are considered to be correct by the Buyer.
3. Access to the user account is secured by the user name and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
4. The Buyer is not authorized to allow the use of the user account to third parties.
5. The Seller may cancel the user account, especially if the Buyer does not use their user account for more than one year or if the Buyer violates their obligations under the Purchase Contract (including 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 and that of third parties.
III. CLOSING THE PURCHASE CONTRACT
1. All presentations of the goods on the web interface of the shop are informative and the Seller is not obliged to conclude a Purchase Contract for these goods. The provision of Section 1732, Paragraph 2 of the Civil Code does not apply.
2. The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot be returned by their normal postal route. The prices of goods are specified including value added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the Seller’s ability to conclude a Purchase Contract for individually negotiated conditions.
3. The shop’s web interface includes information on the cost of packaging and delivering the goods. Information on Costs Related to Packaging and Delivery
the goods listed in the web interface of the shop apply only in cases where the goods are delivered within the territory of the Czech Republic.
4. To order the goods, the Buyer completes the order form in the web interface of the shop. The order form mainly contains information about:
1. the ordered goods (the Buyer places the ordered goods into the electronic shopping cart of the web interface of the shop);
2. the payment method of the purchase price of the goods, details of the required delivery method for the ordered goods and
3. information on the costs associated with the supply of goods (collectively referred to as the “Order”).
5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the possibility of the Buyer to detect and correct errors arising when entering data into the order. The Order is sent by the Buyer to the Seller by clicking on the “I confirm the order” button. The data specified in the order are deemed correct by the Seller. The Seller will acknowledge receipt by the Seller immediately upon receipt of the order to the Buyer through e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “email address of the Buyer”).
6. The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated costs for transport).
7. The contractual relationship between the Seller and the Buyer arises from the delivery of the order (acceptance), which is sent to the Buyer by e-mail to the Buyer’s e-mail address.
8. The Buyer consents to using remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication associated with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone call) are borne by the Buyer him/herself, which does not differ from the basic rate.
IV. PRICE OF GOODS AND PAYMENT CONDITIONS
1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods in accordance with the Purchase Contract in the following ways:
1. Payment by bank transfer before shipment of goods. The invoice for payment will be sent to the contact email after the order is closed.
2. Along with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, it is further understood as the purchase price and the costs associated with the delivery of the goods.
3. The Seller does not require from the Buyer a deposit or other similar payment. This does not affect the provisions of Article 4.6 on the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable immediately after concluding the Purchase Contract.
5. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is met when the relevant amount is credited to the Seller’s account.
6. The Seller is entitled, mainly in case the Buyer does not receive additional confirmation of the order (Article 3.6), to request the payment of the full purchase price before the goods are sent to the Buyer. The provision of Section 2119, Paragraph 1 of the Civil Code does not apply.
7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
8. If it is customary in the course of a business transaction or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – an invoice to the Buyer corresponding to payments executed on the basis of the Purchase Contract. The Seller is a value added tax payer. The tax document – invoice is issued by the Seller to the Buyer after paying the price of the goods and sends it in electronic form to the e-mail address of the Buyer.
9. Under the Act on Registering of Sales, the Seller is required to issue a receipt to the Buyer. At the same time, the Seller is required to register the received revenue with the tax administrator online; in the case of a technical failure, within 48 hours at the latest.
V. WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Contract regarding the supply of goods modified according to the desire of the Buyer or his/her person, from the Purchase Contract in the case of the delivery of goods subject to rapid perishing, which after delivery has been irreversibly mixed with other goods, from the Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned and from the Purchase Contract for the delivery of an audio or video recording or a computer program whose original packaging has been damaged.
2. If case it is not referred to in Article VI.5.1. or in another case where the Buyer cannot withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provision of Section 1829, Paragraph 1 of the Civil Code within fourteen (14) days of receipt of the goods, and if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the form provided by the Seller, comprising an appendix of the business terms and conditions. The withdrawal from the Purchase Contract may be sent by the Buyer, inter alia, to the address of the Seller’s premises or to the Seller’s e-mail address firstname.lastname@example.org. The Seller extends to the Buyer the right to withdraw from the Purchase Contract concluded by means of remote communication (via the online shop) for 30 days from receipt of the goods, without giving any reason and without penalties, but after the expiry of the statutory period according to the previous paragraph from the receipt of goods only if the Buyer fulfills the following conditions: the goods are complete and in the undamaged original packaging and if the goods are demonstrably unused, if they are partially or wholly protected by copyright or are intended for single use.
3. In case of withdrawal from the Purchase Contract according to Article VI.5.2 of the Terms and Conditions the Purchase Contract is canceled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by their normal postal route.
4. In case of withdrawal from the Contract, according to Article 5.2 of the Terms and Conditions, the Seller will reimburse the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract, and in the same manner the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer already upon the return of the goods by the Buyer, or in another way, if the Buyer agrees to it and without incurring additional costs toward the Buyer.
If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the goods have been sent to the Seller.
5. The Seller is entitled to offset the complaint about damages incurred on the goods against the demand of the Buyer for the return of the purchase price.
6. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the contract at any time. In such a case, the Seller will return the purchase price without undue delay to the Buyer, to the account specified by the Buyer in the case of non-cash payment.
7. If a gift is provided to the Buyer aloing with the goods, the gift agreement between the Seller and the Buyer is concluded under the condition that if the Buyer withdraws from the purchase contract, the gift agreement is lost and the Buyer is obliged to return the goods along with the provided gift to the Seller.
VI. TRANSPORT AND DELIVERY OF GOODS
1. In case the shipping method is agreed upon on the basis of the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this shipping method.
2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the Purchase Contract, the Buyer is obliged to accept the goods upon delivery.
3. In the case of multiple attempts to deliver the goods due to the fault of the Buyer or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery or costs associated with another delivery method.
4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, notify the carrier without undue delay. In case of a breach of the packaging indicating unauthorized entry into the shipment, the Buyer is not required to take over the delivery of the shipment from the carrier.
5. The Seller’s special delivery terms and conditions, if issued by the Seller, can modify the other rights and obligations of the Contracting Parties when transporting the material.
VII. RIGHTS FROM DEFECTIVE FULFILLMENT
1. The rights and obligations of the Contracting Parties regarding defective performance are governed by applicable generally binding legal regulations (mainly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2. The Seller is responsible to the Buyer for non-defective goods. The Seller is mainly responsible to the Buyer for the following at the period the Buyer accepts the goods:
1. the goods have the characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer described or which the Buyer expects with regard to the nature of the goods and their promotion;
2. the goods are suitable for the purpose the Seller indicates or for which they are normally used,
3. the goods correspond to the quality or design of the contractual sample or original if the quality or design was determined according to the agreed sample or original,
4. the goods are at the appropriate quantity, measure or weight and
5. the goods comply with the requirements of legislation.
3. The provisions specified in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed due to the wear and tear of the goods based on its normal use, buyer, or if it results from the nature of the goods.
4. If there is a defect within six months of the takeover, the goods are considered to have been defective already at takeover. The Buyer is entitled to claim the right from a defect on consumer goods within twenty-four months of their acceptance.
5. Rights from defective fulfillment are claimed by the Buyer from the Seller at its premises, where the receiving of the complaint is possible with regard to the range of the sold goods, eventually even at the registered office or place of business. The moment of lodging a complaint is considered to be the moment when the Seller received the claimed goods from the Buyer.
6. Other rights and obligations of the parties related to the Seller’s liability for defects are governed by the Complaints Procedure of the Seller.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer acquires the ownership of the goods by paying the full purchase price of the goods.
2. The Seller is not bound by any codes of conduct in relation to the Buyer pursuant to Section 1826, Paragraph 1, Letter e of the Civil Code.
3. Out-of-court settlement of consumer complaints is provided by the Seller through the electronic address email@example.com The Seller shall send information on Buyer’s complaint to the Buyer’s e-mail address.
4. The Seller is entitled to sell the goods on the basis of a trade license. The trade license inspection is performed within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision
5. on compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
6. The Buyer hereby takes on the risk of changing circumstances pursuant to Section 1765, Paragraph 2 of the Civil Code.
IX. PERSONAL DATA PROTECTION AND COOKIES
1. In issues of protection and processing of personal data of the Buyer, the Seller applies these principles of personal data protection.
1. It is possible to deliver to the Buyer’s email address.
XI. FINAL PROVISIONS
1. If a relationship based on a Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer under generally binding legal regulations.
2. If any provision of the Terms and Conditions is invalid or ineffective, or if this occurs, instead of invalid clauses, a provision will be introduced so that the purpose of the invalid clause is as close as possible to the original. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
4. A sample Contract Withdrawal Form is an appendix to the Terms and Conditions.
5. Seller’s contact details: delivery address M4G HOCKEY s.r.o., Třebovická 5080/41,722 00 Ostrava-Třebovice, electronic mail firstname.lastname@example.org, phone +420 775603393.