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Terms and Conditions

cara cerna

kruh FZ cerna tecka 2  Terms and Conditions

FN2

sinne s.r.o. ( business name FANzone)

with registered office: Přistoupimská 394/12, Prague 10

Business premise: Lužná 716/2, Prague

identification number: 45274223

for the sale of goods via the on-line shop located at the following internet address: www.FANzone.cz

  1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company , with registered office , identification number: , registered in the Commercial Register maintained by , section , insert (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at the Internet address (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web interface of the shop").

1.2 The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his/her business or profession when ordering goods.

1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

  1. user account

2.1 On the basis of the Buyer's registration made on the Website, the Buyer may access its user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

  1. conclusion of the purchase contract

3.1 All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

  • 3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
  • 3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
  • 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the order to the Seller by clicking on the button " ". The data provided in the order is considered correct by the Seller.

3.6 Sending an order is considered to be such an act of the Buyer, which identifies in an unquestionable way the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price, and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.

3.7 Immediately upon receipt of the order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.9 The draft purchase contract in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.

3.11. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address indicating the possible variants of the order and requesting the Buyer's opinion.

3.12. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the Buyer via electronic mail.

3.13. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in the use of remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.

  1. price of the goods and payment terms

4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:

  • 4.1.1. in cash at the Seller's premises at;
  • 4.1.2. in cash on delivery at the place specified by the Buyer in the order;
  • 4.1.3. by wire transfer to the Seller's account 7504010247/0100 held with the Company (hereinafter referred to as the "Seller's Account");
  • 4.1.4. in cash via a payment system;
  • 4.1.5. by cashless payment card;
  • 4.1.6. through a credit provided by a third party.

4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address.

  1. withdrawal from the purchase contract

5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:

  • 5.1.1. on the delivery of goods whose price depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the withdrawal period,
  • 5.1.2. for the delivery of alcoholic beverages which may be delivered after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the will of the seller,
  • 5.1.3. the delivery of goods which have been customised to the buyer's wishes or for the buyer's person
  • 5.1.4. the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
  • 5.1.5. the delivery of goods in sealed packaging which have been removed from the packaging by the Buyer and cannot be returned for hygienic reasons,
  • 5.1.6. the delivery of an audio or visual recording or computer program if the original packaging has been damaged,
  • 5.1.7. the delivery of newspapers, periodicals or magazines,
  • 5.1.8. for the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer prior to the conclusion of the contract that in such a case he has no right of withdrawal.

5.2 Unless the case referred to in Article 5.1 or any other case in which the Purchase Contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject matter of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt 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.

5.3 For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract outside to the address of the Seller's place of business or registered office. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal.

5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.5 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by 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 to him or proves that he has sent the goods to the seller.

5.6 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

5.7 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.

5.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

  1. transport and delivery of the goods

6.1 In the event that a method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of transport.

6.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.

6.3 If for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. In the event that the product is made of brittle or other material that is expected to be deteriorated in transit, such product must be inspected with the carrier. Later claims will be disregarded.

  1. Rights under Defective Performance

7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (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 shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

  • 7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
  • 7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
  • 7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
  • 7.2.4. the goods are in the appropriate quantity, measure or weight; and
  • 7.2.5. the goods comply with the requirements of the legislation.

7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.

7.5 The Buyer shall assert the rights arising from the defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.

7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

  1. other rights and obligations of the parties

8.1 The Buyer acquires title to the Goods by paying the full purchase price of the Goods.

8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 Out-of-court handling of consumer complaints is handled by the Seller via an electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

  1. protection of personal data

9.1 The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2 The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").

9.3 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.

9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

9.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.

9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:

  • 9.8.1. ask the seller or processor for an explanation,
  • 9.8.2. require the seller or processor to remedy the situation.

9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.

  1. Sending commercial communications and storing cookies

10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

  1. Delivery

11.1 Notifications concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Agreement, must be delivered by post by registered letter, unless otherwise stipulated in the Purchase Agreement. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.

11.2 A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be deemed to have been delivered.

11.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.

  1. Final provisions

12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

12.5 Contact details of the Seller: delivery address , e-mail address , telephone.

12.6 The Buyer acknowledges that the goods sold in the SPORT ANIQUE section are second-hand goods. As a rule, these are used - collectible goods with signs of use and wear with defects that cannot be easily removed. We recommend to view the goods in the photo or contact FANzone.cz via the form " Product inquiry"., located next to the photo. The defects are usually described as well as the condition in the product description. Condition: "very good", "good", "solid" refers to the usual condition of the goods on the market, not as a new product or product. This does not necessarily detract from its value, especially as a collector's item.

12.7 The Buyer acknowledges that the original function of items in the Sport Antique category may be limited or may be functional for a limited period of time or not at all. Due to their age, individual components of such items may also be damaged during handling.

12.8. If a collectible product in the FANzone.cz - SPORT Antique section contains liquids or food, they are in no way intended for consumption unless expressly stated. Packaging from such products can only be used for its original purpose at your own risk.

Withdrawal from the contract

Addressee:

s i n n e s.r.o.

ID: 45274223

with registered office at Prague 10, Přistoupimská 394, Postal Code 10800

company registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 9342

I hereby give notice that I withdraw from the contract for the purchase of these goods ______________________________

__________________________________________________________________________________

Tax document number __________________

Date of order _______________________

Date of receipt of goods ________________________

Customer's name_______________________________________________

Customer's home address

_______________________________________________________

Date __________________

Customer's signature

______________________

Complaints Procedure valid from 1.8.2015

Preamble

This Complaints Procedure applies to all goods sold through the website www.FANzone.cz operated by s i n n e s.r.o., with registered office at Prague 10, Přistoupimská 394, Postal Code: 10800, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 9342 (hereinafter referred to as "Seller"), or purchased at the Seller's premises at Lužná 716/2, Prague 6.

This Complaints Procedure is an integral part of the Seller's Terms and Conditions.

This Complaints Procedure is available at the Seller's premises or in electronic form at www.fanzone.cz In the case of purchase of goods via the Seller's website, the Complaints Procedure is part of the Buyer's order confirmation. The Seller shall provide the Buyer with the Complaints Procedure in text form upon request.

By submitting an order, the Buyer confirms that he/she has read this Complaints Procedure in the version valid and effective at the moment of submitting the order.

For the definitions of terms contained in these Complaints Regulations, the terms set out in the Seller's Terms and Conditions shall apply mutatis mutandis.

  1. Introductory provisions

The Buyer is entitled to exercise the rights arising from defective performance (hereinafter referred to as "Claim") always in accordance with these Claims Regulations. In the event of facts or situations not covered by these Complaints Regulations, the applicable laws of the Czech Republic shall apply. This Complaints Procedure complies with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended on 1 January 2015.

The Seller is not liable for defects:

  1. on the basis of which the lower purchase price of the goods was agreed;
  2. arising from the wear and tear of the goods caused by their normal use;
  3. in the case of second-hand goods corresponding to the level of use and wear and tear that the goods had when taken over by the Buyer;
  4. if this is due to the nature of the goods (e.g. expiry of their useful life);
  5. arising from improper use, storage, maintenance, unauthorised interference by the Buyer or mechanical damage.
  6. Exercise of the claim

The Buyer is entitled to make a claim in person at the Seller's premises, or the Buyer-consumer may also make a claim at the Seller's registered office, without undue delay from the discovery of the defect. In such cases, the Seller shall ensure the presence of an employee in its premises during business hours, who is responsible for receiving complaints. The Buyer may also file a claim with another person designated by the Seller for repair (e.g. in the warranty document, in a certificate issued by the Seller on the basis of a communication to the Buyer regarding his rights arising from the defective performance), which is in the Seller's location or in a location closer to the Buyer. In such cases, the Buyer shall follow the instructions of the Seller or a person designated by the Seller. The Buyer is also entitled to make a claim through a shipping service.

In the case of a claim by means of a transport service, the Buyer shall send the claimed goods to the address of the Seller's premises or to the address of the person designated by the Seller according to the previous paragraph. For this purpose, the goods should be packed in suitable packaging to avoid the possibility of damage, clean and complete (if required by the nature of the defect and the method of repair) and visibly marked with the title "CLAIM".

When making a claim, the Buyer shall be obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase (e.g. by presenting a sales receipt, warranty document, a certificate issued by the Seller on the basis of a communication to the Buyer regarding his rights arising from the defective performance, or in a similar credible manner). Defects that have been claimed by the Buyer from the Seller in the past and the Seller has granted a reasonable discount on the purchase price cannot be claimed again.

In the case when the Buyer makes a claim through a shipping service, he shall indicate his details, the defect of the item, as well as the right of defective performance he has chosen (the method of handling the claim).

  1. Length of warranty

The warranty period for the exercise of rights of defective performance by the Buyer is 24 months and starts from the receipt of the goods by the Buyer. The Seller reserves the right to reduce this warranty period by up to half, i.e. 12 months, in the case of the sale of second-hand goods. In this case, the Seller shall indicate this period in the sales document or in a certificate issued by the Seller following a communication to the Buyer regarding his rights arising from defective performance. This provision does not apply to used goods in the Sport Antique category.

After the expiry of the above periods, the right of defective performance cannot be exercised with the Seller, unless the parties agree otherwise or in the case where the Seller, the manufacturer or a binding legal regulation provides for a longer warranty period for the goods, or in the case where the Seller or the manufacturer provides a special warranty for the quality of the goods sold beyond its legal obligations.

The Buyer is obliged to exercise the right from defective performance without undue delay from the discovery of the defect in the goods.

If the Buyer is aware of the defect in the goods and nevertheless continues to use the goods with this defect, the Seller shall not be liable for the extent of damage to the goods caused by this defect through further use. In the case where the Buyer exercises the right from the defective performance rightfully, the warranty period does not run during the period when the Buyer could not use the goods. In the event that the Seller (or a person designated by him) notifies the Buyer of the settlement of the claim (see below) and the possibility of taking delivery of the goods, the warranty period begins again on the day following the delivery of this notification to the Buyer, unless the parties agree otherwise. In the case of a method of settling the claim by replacing the goods, the Buyer does not have a new period for exercising the right of defective performance and the warranty period is extended only for the duration of the claim.

The service life of the goods differs in particular with regard to the given characteristics of the product, proper handling, maintenance and is different from the warranty period for exercising rights of defective performance.

  1. Procedure and method of handling the claim

The time limit for the settlement of the claim shall run from the handover/delivery of the goods to the Seller or to the place designated for repair.

The Seller is obliged to decide on the claim immediately, within three working days at the latest. This time limit does not include the time appropriate to the type of goods required for a professional assessment of the defect. The Buyer shall be informed of the need for a professional assessment within this period.

The Seller shall issue a written confirmation to the Buyer, stating when and where the Buyer exercised the right of defective performance, as well as a description of the alleged defect and the required method of handling the claim. The Seller shall also issue the Buyer with a written confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim. This obligation shall also apply to other persons designated to carry out the repair.

The Seller shall settle the Buyer Consumer's complaint, including the rectification of the defect, without undue delay, at the latest within 30 days of the claim being made, unless the Seller and the Buyer Consumer agree in writing on a longer period. Failure to meet this deadline shall be deemed a material breach of contract by the Seller.

The Buyer shall not be entitled to change the method of settlement of the claim once chosen without the consent of the Seller, except in the situation where the chosen method of settlement cannot be implemented at all or in time.

The Buyer shall be obliged to take over the claimed goods within 30 days from the day following the notification by the Seller of the settlement of the claim.

  1. Quality on acceptance

The Seller shall be liable to the Buyer Consumer that the goods in accordance with Section 2161 of the Civil Code at the time of acceptance by the Buyer Consumer:

  1. has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics described by the Seller or the manufacturer or expected by the Buying Consumer in view of the nature of the goods and on the basis of the advertising carried out by them;
  2. the item is fit for the purpose for which the Seller states it is to be used or for which an item of that kind is usually used;
  3. it corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen;
  4. it is in the appropriate quantity, measure or weight; and
  5. the item complies with the requirements of the legislation.

If this is not unreasonable in view of the nature of the defect, the Buying Consumer may also demand delivery of a new item; if this is not possible, the Buying Consumer may withdraw from the Purchase Contract and demand a full refund of the purchase price. If the defect concerns only a part of the item, the Buying Consumer may only demand the replacement of the part of the item. In other cases, the Buying Consumer is entitled to have the defect rectified free of charge without undue delay.

In the case of a removable defect, the Buyer Consumer has the right to have a new item delivered, to have the component replaced, or to withdraw from the Purchase Contract if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects.

If the Buying Consumer does not exercise any of the above rights, he/she is entitled to a reasonable discount on the purchase price of the goods. The Buyer is also entitled to a reasonable discount if the Seller is unable to deliver new goods without defects, to replace a part of the goods or to repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.

The Buyer shall not be entitled to the rights arising from defective performance if the Buyer consumer knew before taking over the goods that the goods were defective or the Buyer consumer caused the defect.

If the defect becomes apparent within six months of the Buyer Consumer's receipt of the goods, the goods shall be deemed to have been defective upon receipt.

The Seller is not obliged to satisfy the Buyer Consumer's claim if he proves that the Buyer Consumer knew before taking over that the goods were defective or that the Buyer Consumer caused the defect.

  1. Liability of the Seller for defective performance

In the case of defects in the goods for which liability for quality on acceptance does not apply pursuant to clause 5, liability for defective performance shall apply, which means a material or immaterial breach of contract. A defect constituting a material breach of contract is a defect of which the Buyer would not have entered into the Contract of Purchase had the Buyer been aware at the time of the conclusion of the Contract of Purchase. In all other cases, it is an insubstantial breach of contract.

If the defect is a material breach of contract, the Buyer shall have the right, at his option, to have a new item delivered without defect or to have the missing item delivered, to have the defect removed by repairing the item, to have a reasonable discount on the purchase price or to withdraw from the contract with the right to a full refund of the purchase price. If the defect is an insignificant breach of contract, the Buyer has the right to have the defect removed or a reasonable discount.

The Buyer is obliged to tell the Seller when notifying the defect what right he has chosen from the defective performance. The Buyer cannot change the choice made without the Seller's consent. The preceding sentence does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or if he notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defects or may withdraw from the contract. If the Buyer does not exercise his right from defective performance in time, he has the right as in the case of an insignificant breach of contract.

  1. Costs of the claim

If the claim is found to be justified, the Buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

  1. Dispute resolution

Mutual disputes arising on the basis of a claim between the Seller and the Buyer shall be resolved only by the competent general courts of the Czech Republic.

The Czech Trade Inspection Authority (www.coi.cz) shall supervise compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended. The Buying Consumer may at any time address the Czech Trade Inspection Authority with a complaint arising in connection with the legal relationship between the Seller and the Buying Consumer.

  1. Contractual guarantee for quality

If the Seller has provided a quality guarantee in excess of its statutory obligations, its application shall be governed by this Complaints Procedure, unless the confirmation of the Seller's obligations from defective performance (warranty certificate) or the Purchase Contract provides otherwise.

This Complaints Procedure is valid from 1.8.2015 and replaces and cancels the previous Complaints Procedure.

Sinne, s.r.o., with registered office at 394 Přistoupimská, Prague 10, ID: 45274223 (hereinafter referred to as the "Controller") processes/will process personal data about you (in particular contact data) that you have provided or will provide to the Controller, for the purpose and to the extent necessary for the performance of activities that are the subject of the Controller's business. Your personal data will be processed (manually or by means of computer technology) by persons specifically authorised to do so. This personal data will be stored securely in electronic or paper form with limited access by third parties.
You are also hereby informed that:

  • you are not obliged to provide any personal data to the controller; you are entitled to refuse to provide such data and if you provide any personal data, you do so entirely voluntarily;
  • you may withdraw your consent to the processing of your personal data at any time;
  • you have the right to access your personal data;
  • you have the right to apply to the Office for Personal Data Protection for remedial action if you become aware of a breach of an obligation of the controller or other person processing your personal data. In such a case, you also have the right to request that those persons:
    • refrain from acting in breach of their obligations;
    • remedy the situation or provide an apology or other compensation at their expense;
    • correct or supplement your personal data so that it is true and accurate;
    • block or destroy your personal data;
    • pay monetary compensation if the breach of duty violated your right to human dignity, personal honour, reputation or the right to protection of your name. sinne s.r.o. ( trade name FANzone)with registered office: Přistoupimská 394/12, Praha 10Operation: Lužná 716/2, Prahaidentification number: 45274223for the sale of goods through the on-line shop located at the Internet address: www.FANzone.cz
      1.1 These terms and conditions (hereinafter referred to as "terms and conditions") of the company , with registered office , identification number: , registered in the Commercial Register maintained by , section , insert (hereinafter referred to as "seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at the Internet address (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web interface of the shop").1.2. The Terms and Conditions do not apply in cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.1.3. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.1.5. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.2.1. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.2.3. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.2.4. .5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).2.6. .1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.3.2. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.3.3 The web interface of the Shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.3.4. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the order. The Buyer sends the order to the Seller by clicking on the button " ". The data provided in the order are considered correct by the Seller.3.6. The validity of the order is conditional upon the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.3 .7. The Seller shall confirm the receipt of the order to the Buyer immediately upon receipt of the order by electronic mail to the Buyer's electronic mail address indicated in the user interface or in the order (hereinafter referred to as the "Buyer's electronic address").3.8. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).3.9. .10. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's electronic mail address.3.11. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send the Buyer an amended offer to the Buyer's electronic mail address, indicating the possible variants of the order and requesting the Buyer's opinion.3 .12. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case only upon the Buyer's acceptance via e-mail.3.13. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.4.1. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.4.3. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.4.4. In case of non-cash payment, the purchase price is payable within days from the conclusion of the purchase contract.4.5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.4.6. The provisions of Section 2119(1) of the Civil Code shall not apply.4.7. Any discounts on the price of the goods granted by the Seller to the Buyer may not be combined.4.8. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address. .1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:5.2. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.5.3. The Buyer may send the withdrawal from the Purchase Contract outside to the address of the Seller's place of business or registered office. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal.5.4. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.5.5. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by 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 to the Seller or proves that he has sent the goods to the Seller.5.6. In such case, the Seller shall return the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.5.8. .1. In the event that a method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with such method of transport.6 .2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods on delivery.6.3. .4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier. In the event that the product is made of brittle or other material that is expected to be deteriorated in transit, such product must be inspected with the carrier. 7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding regulations (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 shall be liable to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller shall be liable to the Buyer that at the time when the Buyer took over the goods:7.3. .4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.7.5 The Buyer shall assert the rights arising from defective performance at the address of the Seller's place of business where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the Seller has received the goods from the Buyer.7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.8.1. .2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.8.3 Out-of-court handling of consumer complaints is provided by the Seller via an electronic address. The Seller sends information on the handling of the Buyer's complaint to the Buyer's electronic address.8.4 The Seller is entitled to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.8.5, 9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").9.3. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.9.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.9.5.The Seller may entrust a third party as a processor to process the Buyer's personal data. Except for the persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent.9.6. The personal data will be processed in electronic form in an automated manner or in hard copy form in a non-automated manner.9.7. .8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is processing his personal data in a way that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:9.9 If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information. The Seller shall have the right to request a reasonable fee for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.10.2. In the event that the purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.11.1. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.11.2. .3.The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.12.1.If the relationship established by the Purchase Agreement contains an international (foreign) element, then the Parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.12.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.12.4. A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.12.5. As a rule, these are used - collectible goods with signs of use and wear with defects that cannot be easily removed. We recommend to view the goods in the photo or contact FANzone.cz via the form " Product inquiry"., located next to the photo. The defects are usually described as well as the condition in the product description. Condition: "very good", "good", "solid" refers to the usual condition of the goods on the market, not as a new product or product. This does not necessarily diminish its value, especially as a collector's item.12.7 The Buyer acknowledges that the original function of items in the Sport Antique category may be limited or may be functional for a limited period of time or not at all. Due to their age, individual components of such items may be damaged during handling.12.8. If the collectible product in the FANzone.cz - SPORT Antique section contains liquids or food, they are in no way intended for consumption, unless expressly stated. The packaging of such products may be used for its original purpose only at your own risk.Withdrawal from the contractRecipient:s i n n e s.r.o.ID: 45274223with registered office at Prague 10, Přistoupimská 394, Postal Code 10800company registered in the Commercial Register maintained by the Municipal Court in Prague under sp.nr. C 9342I hereby withdraw from the contract for the purchase of these goods ________________________________________________________________________________________________________________Tax receipt number __________________Date of order _______________________Date of receipt of goods ________________________Customer's name and surname_______________________________________________Customer's residence address_______________________________________________________Date __________________Customer's signature______________________ReclamationPolicy valid from 1.8.2015PreambulleThis Complaint Policy applies to all goods sold through the website www.FANzone.czoperated by s i n n e s.r.o, Prague 10, Přistoupimská 394, Postal Code: 10800, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 9342 (hereinafter referred to as "Seller"), or purchased at the Seller's premises at Lužná 716/2, Prague 6.This Complaints Procedure is an integral part of the Seller's Terms and Conditions. This Complaints Procedure is available at the Seller's premises or in electronic form at www.fanzone.cz In the case of purchase of goods via the Seller's website, the Complaints Procedure is part of the Buyer's order confirmation. The Seller shall provide the Buyer with the Complaints Procedure in text form upon his request.By sending the order, the Buyer confirms that he has familiarized himself with this Complaints Procedure, in the wording valid and effective at the moment of sending the order.For the definitions of terms contained in this Complaints Procedure, the terms set out in the Seller's Terms and Conditions apply mutatis mutandis.The Buyer is entitled to exercise his rights from defective performance (hereinafter referred to as "claim") always in accordance with this Complaints Procedure. In the event of facts or situations not regulated by these Complaints Regulations, the applicable laws of the Czech Republic shall apply. This Complaints Procedure is in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended on 1 January 2015.The Seller is not liable for defects. For these cases, the Seller ensures the presence of an employee responsible for receiving complaints at its premises during business hours. The Buyer may also file a claim with another person designated by the Seller for repair (e.g. in the warranty document, in a certificate issued by the Seller on the basis of a notice to the Buyer regarding his rights arising from the defective performance), which is in the Seller's location or in a location closer to the Buyer. In such cases, the Buyer shall follow the instructions of the Seller or a person designated by the Seller. In the case of a claim by means of a transport service, the Buyer shall send the claimed goods to the address of the Seller's premises, or to the address of the person designated by the Seller according to the previous paragraph. For this purpose, the goods should be packed in suitable packaging to prevent the possibility of damage, clean and complete (if required by the nature of the defect and the method of repair) and visibly marked with the title "CLAIM". When making a claim, the Buyer shall be obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase (e.g. by presenting a sales receipt, warranty document, a certificate issued by the Seller on the basis of a communication to the Buyer regarding his rights arising from the defective performance, or in a similar credible manner). Defects that have been claimed by the Buyer from the Seller in the past and the Seller has provided a reasonable discount on the purchase price, cannot be claimed again.In the case when the Buyer claims through a shipping service, he shall indicate his data, the defect of the item, as well as the right of defective performance, which he has chosen (the method of claim settlement).The warranty period for the exercise of rights of defective performance by the Buyer is 24 months and begins from the receipt of the goods by the Buyer. The Seller reserves the right to reduce this warranty period by up to half, i.e. 12 months, in the case of the sale of second-hand goods. In this case, the Seller shall indicate this period in the sales document or in a certificate issued by the Seller following a communication to the Buyer regarding his rights arising from defective performance. This provision does not apply to used goods in the Sport Antique category.Upon expiry of the above periods, the right of defective performance cannot be exercised with the Seller, unless the parties agree otherwise or in the case where the Seller, the manufacturer or a binding legal regulation provides for a longer warranty period for the goods, or in the case where the Seller or the manufacturer provides a special warranty for the sold goods for quality beyond its legal obligations. The Buyer is obliged to exercise the right from the defective performance without undue delay from the discovery of the defect in the goods.In the event that the Buyer knows about the defect in the goods and nevertheless continues to use the goods with this defect, the Seller is not responsible for the extent of damage to the goods caused by this defect through further use. In the case where the Buyer exercises the right from the defective performance rightfully, the warranty period does not run during the period when the Buyer could not use the goods. In the event that the Seller (or a person designated by him) notifies the Buyer of the settlement of the claim (see below) and the possibility of taking delivery of the goods, the warranty period begins again on the day following the delivery of this notification to the Buyer, unless the parties agree otherwise. In the case of the method of settlement of the claim by replacement of the goods, the Buyer does not have a new period for exercising the right of defective performance and the warranty period is extended only for the duration of the claim.The life of the goods differs, in particular with regard to the given characteristics of the product, proper handling, maintenance and is different from the warranty period for exercising the rights of defective performance.The period for settlement of the claim runs from the handover/delivery of the goods to the Seller or to the place designated for repair.The Seller is obliged to decide on the claim immediately, no later than within three working days. This time limit does not include the time reasonable according to the type of goods required for a professional assessment of the defect. The Seller shall provide the Buyer with information about the need for a professional assessment within this time limit.The Seller shall issue a written confirmation to the Buyer, in which he shall indicate when and where the Buyer exercised the right to claim the defective performance, as well as a description of the claimed defect and the required method of handling the claim. The Seller shall also issue to the Buyer a written confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim. The Seller shall settle the Buyer Consumer's complaint, including the removal of the defect, without undue delay, no later than within 30 days of the claim, unless the Seller and the Buyer Consumer agree in writing on a longer period. The Buyer is not entitled to change the method of handling the complaint once chosen without the consent of the Seller, except in situations where the chosen method of handling cannot be implemented at all or in a timely manner.The Buyer is obliged to accept the claimed goods within 30 days from the day following the notification by the Seller of the handling of the complaint. The Seller shall be liable to the Buying Consumer that the goods in accordance with § 2161 of the Civil Code at the time of receipt by the Buying Consumer:If it is not unreasonable due to the nature of the defect, the Buying Consumer may also demand delivery of a new item; if this is not possible, the Buying Consumer may withdraw from the Purchase Contract and demand a full refund of the purchase price. If the defect concerns only a part of the item, the Buying Consumer may only demand the replacement of the part of the item. In other cases, the Buying Consumer shall have the right to have the defect removed free of charge without undue delay.In the case of a removable defect, the Buying Consumer shall have the right to have a new item delivered, to have the component replaced, or to withdraw from the Purchase Contract if he/she cannot use the item properly due to the recurrence of the defect after the repair or due to a greater number of defects.If the Buying Consumer does not exercise any of the above rights, he/she shall have the right to a reasonable discount on the purchase price of the goods. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.The Buyer is not entitled to the rights of defective performance if the Buyer consumer knew before taking over the goods that the goods had a defect or caused the defect himself. If the defect manifests itself within six months of the Buyer Consumer's receipt of the goods, the goods shall be deemed to have been defective at the time of receipt.The Seller shall not be obliged to satisfy the Buyer Consumer's claim if it proves that the Buyer Consumer knew before receipt that the goods were defective or that the Buyer Consumer caused the defect.In the case of defects of goods for which liability for quality at receipt does not apply pursuant to clause 5, liability for defective performance shall apply, which shall mean a material or immaterial breach of contract. A defect constituting a material breach of contract means a defect of which the Buyer would not have entered into the Purchase Contract if he had known of it at the time of conclusion of the Purchase Contract. If the defect is a material breach of contract, the Buyer shall have the right, at his option, to have a new item delivered without defect or to have the missing item delivered, to have the defect removed by repairing the item, to have a reasonable discount on the purchase price or to withdraw from the contract with the right to a full refund of the purchase price. If the defect is an insignificant breach of contract, the Buyer has the right to have the defect removed or a reasonable discount.The Buyer is obliged to inform the Seller when notifying the defect what right of defective performance he has chosen. The Buyer cannot change the choice made without the consent of the Seller. The preceding sentence does not apply if the Buyer has requested the repair of a defect that turns out to be irreparable. If the Seller fails to remedy the defects within a reasonable time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defects or may withdraw from the contract. If the Buyer does not exercise his right from the defective performance in time, he has the right as in the case of an insignificant breach of contract.If the claim is recognized as justified, the Buyer has the right to reimbursement of the reasonable costs associated with the exercise of his right.Mutual disputes arising on the basis of the claim between the Seller and the Buyer shall be resolved only by the competent general courts of the Czech Republic, The Buying Consumer may at any time contact the Czech Trade Inspection Authority (www.coi.cz) with a complaint arising in connection with the legal relationship between the Seller and the Buying Consumer. If the Seller has provided a guarantee for quality in excess of its legal obligations, its application is governed by this Complaints Procedure, unless the confirmation of the Seller's obligations from defective performance (warranty certificate) or the Purchase Contract provides otherwise.This Complaints Procedure is valid from 1.8.2015and replaces and cancels the previous Complaints Procedure, 394 Přistoupimská, Prague 10, ID No.: 45274223 (hereinafter referred to as the "Controller") processes/will process personal data about you (in particular contact data) that you have provided or will provide to the Controller, for the purpose and to the extent necessary for the performance of activities that are the subject of the Controller's business. Your personal data will be processed (manually or by means of computer technology) by persons specifically authorised to do so. This personal data will be stored securely in electronic or paper form with limited access by third parties.
      You are also hereby informed that:
      • you are not obliged to provide any personal data to the controller; you are entitled to refuse to provide such data and if you provide any personal data, you do so entirely voluntarily;
      • you may withdraw your consent to the processing of your personal data at any time;
      • you have the right to access your personal data;
      • you have the right to apply to the Office for Personal Data Protection for remedial action if you become aware of a breach of an obligation of the controller or other person processing your personal data. In such a case, you also have the right to request that those persons:
        • refrain from acting in breach of their obligations;
        • remedy the situation or provide an apology or other compensation at their expense;
        • correct or complete your personal data so that it is true and accurate;
        • block or destroy your personal data;
        • pay monetary compensation if the breach of duty violated your right to human dignity, personal honour, reputation or the right to protection of your name.
      1. Contractual guarantee of quality
      2. Dispute resolution
      3. Costs of the claim
      4. Liability of the Seller for defective performance
      5. has those characteristics which the parties have agreed and, in the absence of agreement, those characteristics which the Seller or the manufacturer has described or which the Buying Consumer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by them;
      6. the item is fit for the purpose for which the Seller states it is to be used or for which an item of that kind is usually used;
      7. it corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen;
      8. it is in the appropriate quantity, measure or weight; and
      9. the item complies with the requirements of the legislation.
      10. Quality on acceptance
      11. Procedure and method of complaint handling
      12. Length of warranty
      13. on the basis of which the lower purchase price of the goods was agreed;
      14. arising from wear and tear caused by normal use of the goods;
      15. in the case of second-hand goods, the degree of use and wear and tear that the goods had on receipt by the Buyer;
      16. if this is due to the nature of the goods (e.g. expiry of their useful life);
      17. arising from improper use, storage, maintenance, unauthorised interference by the Buyer or mechanical damage.
      18. Exercise of the claim

      19. Introductory provisions
      20. Final provisions
      21. Delivery
      22. Sending commercial communications and storage of cookies
      • 9.8.1. ask the seller or processor for an explanation,
      • 9.8.2. request that the seller or processor remedy the situation so arising.
      1. protection of personal data
      2. other rights and obligations of the parties
      • 7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
      • 7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
      • 7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
      • 7.2.4. the goods are in the appropriate quantity, measure or weight; and
      • 7.2.5. the goods comply with the requirements of the legislation.
      1. Rights under Defective Performance
      2. transport and delivery of the goods
      • 5.1.1. on the delivery of goods whose price depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
      • 5.1.2. the delivery of alcoholic beverages which may be delivered after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the seller's will,
      • 5.1.3. for the delivery of goods which have been customised to the buyer's wishes or for the buyer's person
      • 5.1.4. the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
      • 5.1.5. the delivery of goods in sealed packaging which have been removed from the packaging by the Buyer and cannot be returned for hygienic reasons,
      • 5.1.6. the delivery of an audio or visual recording or computer program if the original packaging has been damaged,
      • 5.1.7. the delivery of newspapers, periodicals or magazines,
      • 5.1.8. for the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer prior to the conclusion of the contract that in such a case he has no right of withdrawal.
      1. withdrawal from the contract of sale
      • 4.1.1. in cash at the Seller's premises at;
      • 4.1.2. in cash on delivery at the place specified by the Buyer in the order;
      • 4.1.3. by wire transfer to the Seller's account 7504010247/0100 held with the Company (hereinafter referred to as the "Seller's Account");
      • 4.1.4. in cash via a payment system;
      • 4.1.5. by cashless payment card;
      • 4.1.6. through a credit provided by a third party.
      1. price of goods and payment terms
      • 3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
      • 3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
      • 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
      1. conclusion of the purchase contract
      2. user account
      3. INTRODUCTORY PROVISIONS

 

 

 

 

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