1. CONTACT INFORMATION
Name: Martin Skalník
Registered office: J.K.Tyla 146/3, Jablonec nad Nisou 466 05
Company ID: 05751675
Address of the business: J.K.Tyla 146/3, Jablonec nad Nisou 466 05
The seller is registered within trade register maintained by the Municipal Trade Licensing Office in Jablonec nad Nisou.
The seller is not a VAT payer.
(referred to as the “Seller”)
Goods and price information provided by the seller is binding, except for a manifest error. Price includes all taxes (e.g., DPH) and fees, excluding shipping cost.
Ways to pay:
The customer has the option to pay the purchase price for the goods by bank transfer to the seller’s account. This transaction needs to happen under the appropriate variable symbol that will identify and verify the payment.
Offer with an addendum or a deviation is not going to be considered as order.
Any deviations in the contract that is not in a written form will have no legal effect.
Acceptance of unsolicited performance/product by the buyer does not mean acceptance of the offer.
3. PRODUCT DELIVERY
The obligation of the seller is to provide goods in conformity with specifications, quantities and any other terms within 30 days from the receipt of the payment, unless the contract specifies a different delivery period. If the goods are listed as “in stock”, the seller shall send the goods at within five business days of receipt of the payment. The buyer is obliged to take over the goods and pay for them. The buyer is encouraged to review the goods as soon as possible.
Documents, such as proof of purchase and certificates, shall be sent by the seller to the buyer electronically, no later than five days from the receipt of the order.
If the buyer requests, the seller shall confirm in a written form to what extent and for how long his obligations for defective performance will take and how the buyer can exercise his buying rights.
Shipping method and pricing:
Shipping to a specific address is handled by the seller within the territory of the entire Czech Republic.
With a prior arrangement upon the purchase, an order can be delivered without shipping cost.
Ordered goods can be sent by the Czech Post service.
The shipping price depends on the type and quantity of goods ordered.
The basic shipping price for a small item (e.g. straps) is 60 CZK for an order that was paid in full, in advance.
The basic shipping price for larger goods (backpacks) is 128 CZK for an order that was paid in full, in advance.
With an order above 5000 CZK, the shipping is free.
The exact shipping price is calculated before the order is made.
4. ORDER CANCELLATION AND CONTRACT WITHDRAWAL
The buyer may withdraw from the contract within 14 days from the recipe of the product, regardless of how goods were received or paid for. That time limit is intended for the buyer to get familiar with the nature, characteristics and functionality of the product.
The buyer is also entitled to withdraw from the contract at any time before the goods are delivered. The buyer can withdrawal from the contract within 14 days. The buyer does not need to indicate the reason for which he withdraws from the contract. To make this process easier, it is advised to indicate the date of purchase, the invoice number, the bank connection and the prefered method of refund.
The seller is obliged to refund the buyer the amount in full, within 14 days of withdrawal from the contract in the same way as the payment was received from the buyer. If a seller offers several options within a particular delivery method, he/she is obliged to replace the buyer with the cheapest of them. With the same timeframe of 14 days, the buyer is obliged to send or hand over all purchased goods to the seller. The goods should be returned to the seller complete, preferably in the original packaging, without any sign of wear or damage. The return shipping cost is fully covered by the buyer.
If these returned products are damaged, the seller is entitled to claim against the buyer to cover the damage cost of the product.
Exceptions: The right to withdraw from the contract can not be invoked in contracts where the product was modified according to the wish of the consumer.
The contract withdrawal form is available here.
5. RIGHTS AND OBLIGATIONS – DEFECTS
If the goods are defective (for example, they do not have the agreed or legitimate expected features, they are not a good fit for the usual or negotiated use, they are not complete, the quantity, size, weight or quality is not aligned with legal, contractual or even pre-contractual parameters), the seller is always responsible. The buyer may make a claim with the seller within two years of receiving these goods. The buyer has the right to request the defect to be fixed or the buyer can request a reasonable discount. If the nature of the defect is not disproportionate (in particular, if the defect can not be fixed), the buyer may make a claim to receive a new item without defects or he/she can request a new component without defects.
If the repair or the replacement of the good is not possible, buyer may requests a full refund of the purchase price on the basis of the contract withdrawal. Within six months of receipt of the goods, it is assumed that the defect of the goods existed already upon receipt of the goods.
The seller is not obliged to comply with the buyer’s claim if he/she proves that the buyer knew or caused it himself.
Attention! – Wear and tear or minor stains on the surface of the hose that is used for manufacturing are part of the product (the products are sewed from disposed hoses). Therefore, these can not be considered as grounds for claiming a defect.
Liability for defective products:
The seller is liable for defects occurring after the receipt of the goods in the 24-month warranty period or at the time that was stated in the advertisement, on the packaging or in the accompanying instructions.
Within this period, the buyer may make a claim that will mean a contract breach (no matter if the defect is removable or nonremovable). The buyer may make a request for a settlement in these following ways:
(a) removing the defect and delivering a new item without defect or shipping the missing item;
(b) repairing the defect free of charge;
(c) a reasonable discount on the purchase price; or
(d) refund of the purchase price on the basis of withdrawal from the contract.
It is a breach of the contract if one party knew about the defect during the contract agreement and still continued with the process even when that party knew that the other party would never agree to these terms if he/she would knew about this defect and potential contract breach.
For a defect that implies an irrelevant/unimportant breach of contract (regardless of whether the defect is removable or not possible to be removed), the buyer is entitled to remove the defect or provide a reasonable discount on the purchase price.
If the defect keeps happening even after the repair (the third time complaint for the same defect or the fourth time for different defects) or the goods have more defects (at least three defects at the same time), the buyer may exercise the right to claim a discount on the purchase price, replacement of goods or withdrawal from the contract.
Seller is not responsible for defects resulting from normal wear and tear or misuse of the product that is stated within manual (“User’s Guide”)
6. FILING A CLAIM
Buyer is required to file a claim with the seller or with the person that is responsible for the repair without any delay from the time when the defect was discovered. If they file a claim in a written or electronic way, they should provide their contact details, a description of the defect and a request for a settlement.
The buyer is obliged to disclose to the seller the settlement he/she chooses without any delay from the time when the defect was discovered. A change of the settlement choice without the seller’s consent is only possible if the buyer has requested a repair of a defect that proves to be irremovable.If the buyer does not practice his/her right to file for a breach of contract in a timely manner, he/she has the rights as in the case of an irrelevant breach of contract.
The buyer is required to prove the purchase of the goods (preferably by proof of purchase). The deadline for settling a claim runs from the delivery / pick up of the goods to the vendor/seller or to the place where the product should be repaired. The goods should be packed in a durable packaging to avoid damage. The product should be clean and complete.
The seller is obliged to decide on the filed claim and/or if an expert judgment is necessary. This all needs to happen within three business days. Seller is obligated to let the buyer know if an expert judgement is needed within the same period of time. The claim, including removal of a defect shall be handled by the seller without any delay, no later than 30 days after the claim was filed by the buyer, unless the buyer agrees (in a written from) otherwise. Once this period expires, the buyer has the same rights as it was a breach of contract.
If the seller refuses to remove the defect, the buyer may request a reasonable discount or withdrawal from the contract.
The warranty period shall be extended from the time the claim is made and issue is fixed or until the buyer gets the product back. If the good or parts of the good are exchanged, the seller has the obligation to apply same terms to the product as if it was a purchase of a new product.
If it is not possible to monitor the state of the complaint settlement online, the seller has an obligation to inform the buyer of the state of his/her claim by e-mail or via SMS. In a case where claim is approved by the seller, the buyer has the right to request a reimbursement of the expense that incurred in connection with the claim.
7. PROTECTION OF PERSONAL DATA
The buyer agrees that the personal data will be processed and stored by the seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.). The buyer has the right to be informed about the details of the seller’s records and is entitled to change the data, or he/she can disagree with their processing by providing his/her disagreement in a written form. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection.
Buyer can tell the seller that he wants to stop receiving business related messages that are part of the contract agreement without incurring any costs. This all needs to happen in a written form or else the request can not be act upon.
8. DISPUTE SETTLEMENT
Mutual disputes between the seller and the buyer are dealt with by the general court.
The buyer who is considered to be the consumer has the right to open out-of-court settlement according to Act No. 634/1992 Coll. The Czech Trade Inspection is entitled to carry out the out-of-court settlement.
More information is available at www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated only at the consumer’s request, only if the dispute has not been resolved directly with the seller. The proposal may be filed not later than one year after the consumer has exercised his/her right in a terms of the dispute.
The consumer has the right to open out-of-court dispute resolution through the online ODR platform available at ec.europa.eu/consumers/odr/.
Consumer protection is supervised by the Czech Trade Inspection (www.coi.cz) under Act No. 634/1992 Coll.,
For the purposes of these business terms, unlike the seller, the buyer is the consumer of the product who does not act in the course of his business/profession.
9. OTHER MATTERS
For the purposes of these business terms, unlike the seller, the buyer is the consumer of the product who does not act in the course of his business/profession when agreeing to the contract.For the purposes of these business terms and conditions, seller is an entrepreneur who acts in the course of his business/profession when concluding and fulfilling the contract.
Other matters not mentioned here are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and as amended by later mentioned regulations.
The contract and related issues are governed by Czech law.
Changes to business terms in a non-mutually agreed written form are excluded.
These Terms and Conditions are effective from March 2, 2018.