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Terms and conditions
TERMS AND CONDITIONS
Česká zbrojovka a.s., registered office and place of business at Svatopluka Čecha 1283, 688 27 Uherský Brod, Czech Republic, Identification number 46345965, registered in the Commercial Register maintained by the Regional Court in Brno, file ref. B 712 (the “Seller”).
1. INTRODUCTORY PROVISIONS
1.1. In accordance with section (1) of Act no. 89/2012 Coll., of the Civil Code (the “Civil Code”), these terms and conditions (the “Terms and Conditions”) regulate the mutual rights and obligations of the contract parties arising in connection with or pursuant to a purchase contract (the “Purchase Contract”) concluded between the Seller and any other natural or legal person (the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the Internet at http://shop.czub.cz (the “Website”) via the store web interface (“Store Web Interface”).
1.2. The Terms and Conditions do not apply to cases where a person that intends to purchase goods from the Seller is a person who orders the goods in the course of their business or in the course of their individual exercise of profession.
1.3. These Terms and Conditions form an integral part of the Purchase Contract. Provisions departing from the Terms and Conditions may be agreed in the Purchase Contract. The deviating provisions in the Purchase Contract shall prevail over the provisions in the Terms and Conditions.
1.4. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English languages. The Purchase Contract may only be concluded in Czech or English language.
1.5. The Seller may amend or change the Terms and Conditions. However, in this case the rights and obligations arising from the effective period of the previous version of the Terms and Conditions are not affected.
2. USER ACCOUNT
2.1. On the basis of registration by the Buyer on the website, the Buyer may access his or her user interface (the “User Account”). The Buyer may order goods from his or her user interface.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and true data. The Seller deems the data stated by the Buyer in the user account and data provided when ordering goods to be correct.
2.3. Access to a user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his or her user account.
2.4. The Buyer does not have the right to allow the user account be used by third parties.
2.5. The Seller may cancel a user account, especially when the Buyer has not used his or her user account for more than 24 months or when the Buyer breaches his or her obligations arising from the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software, or any necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF A PURCHASE CONTRACT
3.1. All goods placed on the store web interface are of informative nature and the Seller is not obliged to conclude a Purchase Contract regarding these goods, for reasons such as the legal requirements for the Buyer’s minimum age or due to business or legal restrictions applicable in certain regions. The provision of section 1732 (2) of the Civil Code does not apply.
3.2. The store web interface provides information about the goods, including the price of individual items. The price of goods is inclusive of value added tax and all related charges. The prices of goods remain valid while displayed on the store web interface. This provision does not restrict the Seller to conclude a Purchase Contract under individually negotiated conditions.
3.3. The store web interface also contains information on the costs associated with the packaging and delivery of goods.
3.4. To order goods, the Buyer fills an order form on the store web interface. The order form contains information particularly about:
3.4.1. the ordered goods (the Buyer “inserts” the ordered goods into an electronic shopping cart on the store web interface)
3.4.2. method of payment of the purchase price,
3.4.3. details of the required method of delivery of the ordered goods and
3.4.4. information on the costs associated with the delivery of goods (collectively the “Order”).
3.5. Before sending the Order to the Seller, the Buyer has an option to check and modify the data entered in the Order, including the option for the Buyer to detect and correct errors that have arisen during entering the data in the Order. The Buyer sends the Order by clicking on “Complete order”. The Seller considers the data stated in the order as correct. Upon the receipt of the order, the Seller immediately confirms the receipt of such order by e-mail, to the e-mail address listed in the Buyer's user account or in the Order (the “Buyer’s electronic address”).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (such as in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is created by the delivery of order confirmation (acceptance) which is sent by the Seller to the Buyer electronically, to the Buyer’s electronic mail address.
3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Contract. The Buyer pays the costs incurred by using the means of distance communication in connection with concluding a Purchase Contract (internet access costs, telephone costs), while these costs do not differ from the standard rate.
4. PAYMENT OF THE PURCHASE PRICE
4.1. The Buyer shall pay the Seller for the price of goods and any possible costs associated with the delivery of goods:
4.1.1. By cash when goods are sent by cash on delivery - only in the Czech Republic.
4.1.2. By card upon the completion of the order by selecting “online card payment”.
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods. Unless expressly stated otherwise, the purchase price shall also mean the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This does not affect the provision of Article 4.7 of the Terms and Conditions concerning the obligation to pay the purchase price in advance.
4.4. In the case of payment by cash on delivery, the purchase price is payable on delivery. In the case of cashless payment, the purchase price shall be paid in accordance with the selected payment option.
4.5. The Seller is entitled to require the payment of the full purchase price before sending the goods to the buyer, especially when the Buyer does not provide additional confirmation (see Art. 3.6). The provision of section 2119 (1) of the Civil Code shall not apply.
4.6. Potential discounts from the price of goods provided to the Buyer by the Seller cannot be combined.
4.7. For the payments carried out on the basis of a Purchase Contract, The Seller shall issue the Buyer with a tax document – invoice. The Seller is VAT registered. The Seller shall issue the tax document – invoice to the Buyer after receiving the payment for the price of goods and shall send it electronically to the Buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that under section 1837 of The Civil Code, among other things, it is not possible to withdraw from a purchase contract for the supply of goods that has been customized to the wishes of the Buyer or his or her person, as well as goods that has been irretrievably mixed with other goods after delivery.
5.2. Except for the case referred to in art. 5.1 or another case where it is not possible to withdraw from the Purchase Contract, in accordance with section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days from the 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 receipt of the final delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period mentioned in the previous sentence to the following address: Česká zbrojovka a.s., Svat. Čecha 1283, 688 27 Uherský Brod together with the goods, or to the following email address: firstname.lastname@example.org
5.3. When withdrawing from the Purchase Contract under art. 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen days from the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs connected to the return of the goods to the Seller, even in the case where due to its nature, the goods cannot be returned by usual postal means.
5.4. When withdrawing from the contract under art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen days from the withdrawal from the Purchase Contract by the Buyer, to the Buyer’s account stated in the withdrawal from the purchase contract. Should the Buyer withdraw from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he or she has sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for damage caused to the goods against the Buyer's claim for the refund of the purchase price.
5.6. When the Buyer is provided with a gift along with the goods, the contract of donation between the Seller and the Buyer is concluded with a resolute condition, whereby should the Buyer withdraw from the purchase contract, the contract of donation regarding such gift becomes ineffective and the Buyer is required to return the goods to the Seller along with the gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is negotiated on the basis of a specific request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. When the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept the goods on delivery.
6.3. In the event that due to reasons on the Buyer’s side the goods need to be delivered repeatedly or in a way other than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or to be more precise, the costs associated with another delivery method.
7. RIGHTS RELATED TO FAULTY PERFORMANCE
7.1. Rights and obligations of the contracting parties regarding the rights related to faulty performance are governed by the relevant applicable legislation (in particular the provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code).
7.2. The Seller provides a quality guarantee for the goods to the extent specified in the purchase contract or in the warranty card to the goods. If the warranty card is not supplied, the Seller guarantees that the goods is fit for use for the specified or otherwise usual purpose, it has and retains the specified, otherwise usual properties, using flawless materials, for technically faultless version and for the compliance with the design standards regarding dimensions, performance and other properties mentioned.
7.3. The warranty does not include:
- mechanical damage caused by the Buyer (user) or parts affected by such damage,
- damage and defects caused by negligent maintenance, failure to comply with the obligations set out in the instruction manual and the warranty card (if supplied) and the safety instructions, improper use, operating error or incompetent interference,
- defects caused by storage in an unsuitable environment,
- defects due to which the cost of goods was reduced, unless other agreement has been reached
- modifications and interventions concerning the goods that are not made by the Seller
- defects caused by using non-original parts,
- resulting wear caused by ordinary use or damage caused by rough handling.
7.4. The warranty period provided by the Seller for the goods shall be 24 months. The warranty period begins on the date of the sale of goods. The warranty period is extended by the period during which the goods were in warranty repair.
7.5. The Buyer is entitled to exercise the rights from the defective goods from the Seller.
7.6. The Buyer shall exercise his or her rights of defective performance without undue delay after discovering a defect on the goods. When exercising the rights of defective performance, the Buyer is obliged to identify the defect and prove the date of sale of the goods.
7.7. The Seller must provide the Buyer with a written confirmation specifying the date and place of exercising the rights of defective goods, the characteristics of the alleged defect, the method of the claim settlement the Buyer has opted for and the method of how the Buyer shall be informed about its execution. The Seller shall decide on the claim immediately, in complicated cases within three working days. The claim, including the removal of the defect, must be settled without undue delay, within 30 days of making the claim at the latest, unless a longer period is agreed with the Buyer.
7.8. Method of the claim settlement:
A. Rectifiable defects Rectifiable defects are such defects that can be repaired without compromising the look, function and the quality of goods. In the case of a rectifiable defect, the Buyer has the right to have it duly rectified free of charge and in due time.
B. Unrectifiable defects, repeated occurrence of defects after repair, a larger number of defects An unrectifiable defect is such a defect that cannot be removed or its removal is not purposeful taking into account all relevant circumstances. In the event of an unrectifiable defect, a larger number of defects (at least 3 defects) or a re-occurrence of defects after repair (at least the third occurrence of the defect), the Buyer has the right to require an exchange of goods for new flawless goods, or to withdraw from the purchase contract.
7.9. The provisions stipulated in Article. 7.2 of the Terms and Conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, to wear and tear of the goods caused by its common use, in used goods also to a defect corresponding to the wear that the goods displayed at the time of acceptance by the Buyer, or when resulting from the nature of the goods.
8. PERSONAL DATA PROCESSING
8.1. The Buyer´s personal data processing, who is natural person, is carried out for the purpose of the purchase contract performance pursuant to Article 6 (1) (b) of the GDPR.
8.2. The Seller declares that personal data is considered confidential and shall be used only for the purpose of the purchase contract. The Buyer´s personal data will not be disclosed by the Seller or provided to a third person, with exception related to distribution of goods or payment transaction. The Seller consistently acts in a way so as not to infringe on the rights of the Buyer, and takes care to protect the Buyer from unauthorized interference with its private or personal life.
8.3. Detailed information on the personal data processing is provided by the Seller to the Buyer in the separate section of the online store.
9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1. The Buyer agrees to receive information related to goods, services or the Seller’s company to the Buyer's email address and also agrees to receive commercial messages from the Seller to the Buyer's email address.
9.2. The Buyer agrees with saving so called cookies on his or her computer. If a purchase on the website can be made and the Seller’s obligations arising from the Purchase Contract can be fulfilled without storing the so called cookies on the Buyer’s computer, the Buyer may withdraw his or her consent under the preceding sentence at any time.
10. DELIVERY OF COMMERCIAL MESSAGES
10.1. The commercial messages may be delivered to the Buyer to the email address specified in his or her user account or stated by the Buyer in the order.
11. FINAL PROVISIONS
11.1. If the relationship established by the Purchase Contract includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights resulting from generally binding legal regulations.
11.2. If any provision of the Terms and Conditions is invalid or ineffective or becomes invalid or ineffective, a provision whose meaning is closest to the invalid provision replaces the invalid provision. The invalidity or ineffectiveness of one provision does not prejudice the validity of the remaining provisions. Changes and amendments to the purchase contract or to the terms and conditions must be conducted in a written form.
11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. Out-of-court settlements of consumer complaints are provided by the Seller via electronic address email@example.com. Information on the settlement of the Buyer’s complaint is sent by the Seller to the Buyer's email address.
11.5. The Seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out by a responsible Trade Licensing Office under its jurisdiction. Personal data protection supervision is conducted by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among others, to the stipulated extent supervision over the compliance with Act no. 634/1992 Coll., On Consumer Protection, as amended.
11.6. The body having a subject-matter jurisdiction for out-of-court settlements of consumer disputes between the Buyer and the Seller is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Praha 2, adr.coi.cz. These Terms and conditions are valid from May 1, 2018.