The present Business Terms and Conditions shall apply to purchases via the e-shop operated by SNOWBOARD ZEZULA s.r.o. and available on the website: https://www.snowboard-zezula.com (hereinafter only as “web interface”).
The present Business Terms and Conditions define and specify in details rights and obligations of the Seller which is the company SNOWBOARD ZEZULA s.r.o., with registered office Palackého třída 170, 612 00 Brno, Company ID: 26947439, incorporated in the Company Register, Section C, Insert 47606, with the Regional Court in Brno (hereinafter only as “seller”) and the Buyer (hereinafter only as “buyer”) which is a customer of the above mentioned e-shop.
The applicable legislation differentiate between a buyer who is a consumer and a buyer who is not a consumer. The buyer who is a consumer pursuant to Section 419 of the Act No. 89/2012 Coll., the Civil Code, (hereinafter only as “Civil Code”), is any individual who enters into a contract or otherwise negotiates with a commercial operator outside his/her business activities or outside performance of his/her profession (hereinafter only as “consumer”). Unless otherwise stated, the provisions of these Business Terms and Conditions applicable to the buyer shall also apply to the buyers who are consumers. Unless otherwise stated, the provisions of these Business Terms and Conditions applicable to the consumer shall apply only to buyers who are consumers.
For the avoidance of any doubts, the rights reserved herein only for consumers, including but not limited to the rights related to liability for defects pursuant to Art. 6 hereof and the consumer's right to withdraw from the contract pursuant to Art. 7 hereof shall not apply to individuals who do not enter into the purchase contract in the position of the consumer.
The purchase contract, as well as other relationships between the seller and the buyer, shall be governed by the law of the Czech Republic.
The Business Terms and Conditions form an integral part of the purchase contract.
The prices shown in the web interface with goods are including value added tax and all other taxes. The prices of goods shall remain valid during the time period when they are displayed in the web interface.
2. Web Interface
All and any presentations of goods posted in the web interface are only indicative and the seller is not obliged to conclude a purchase contract regarding such goods. All and any presentations of goods posted in the web interface are stated with the reservation "until stocks are exhausted" or until the seller loses its ability to supply. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3. Conclusion of Purchase Contract
When ordering goods, the Buyer shall fill in an order form in the web interface (hereinafter only as “order”). Before sending the order to the seller, the buyer has the possibility to check and change data filled in the order.
By sending the order the buyer makes his proposal for entering into a purchase contract. Immediately after the receipt of the order the seller shall confirm such receipt to the buyer by electronic mail to the email address stated by the buyer in the order form. The purchase contract between the seller and the buyer shall be considered concluded upon delivery of the order confirmation (acceptance).
By concluding the purchase contract the buyer acknowledges that s/he has been familiarised with the present Business Terms and Conditions and agrees with them. The buyer has been adequately notified of the present Business Terms and Conditions prior to sending the order and has been offered an opportunity to read them carefully. The buyer has the right to store and print the present Business Terms and Conditions in their valid version.
The buyer agrees with the use of remote communication means for the process of entering into the purchase contract. All and any costs incurred by the buyer in relation to the use of the remote communication means in connection with entering into the purchase contract (costs of Internet connection, costs of phone calls) shall be paid by the buyer.
The seller reserves the right to cancel the order or any part thereof before the purchase contract is concluded in the following cases: the goods are no longer produced or supplied or the price of the goods supplier has changed substantially or an error occurred in the warehouse management. If the buyer has paid the purchase price, whether in part or in full, the paid amount shall be remitted to his/her bank account or address and the purchase contract shall be not concluded.
Depending on the character of the goods (namely larger quantity of goods, higher purchase price, higher costs of supply of goods etc.), the seller has the right, but not the obligation, to ask the buyer to additionally confirm the order before accepting the order. If the buyer fails to confirm the order, the seller has the right to withdraw from further negotiations about the purchase contract, such action not being regarded as an unfair conduct pursuant to Section 1729 (1) of the Civil Code.
The contract is concluded for a definite period of time until the fulfilment of the agreed obligations.
4. Payment Terms
If the price is paid in cash or cash-on-delivery, the purchase price is payable upon the acceptance of goods. If the price is paid via a cashless payment system or by a bank card, the purchase price is payable without undue delay after the order is send. The seller is not obliged to send the goods before it receives the payment.
The provisions of Section 2119 (1) of the Civil Code shall not apply.
5. Delivery and Handover of Goods
The web interface contains information about the methods of delivery of goods and on the costs related to packaging, transport and delivery of goods (including postal and other costs and fees). The information about costs related to packaging and delivery of goods stated in the web interface for deliveries within the Czech Republic shall apply only when the goods are delivered within the territory of the Czech Republic. The web interface may also contain information related to packaging and delivery of goods to other countries.
If the method of transportation has been agreed on the basis of the buyer's special request, the buyer shall bear the risks and other costs, if any, related to such method of transportation. Should the seller be obliged under the purchase contract to deliver the goods to the place designated by the buyer in the order, the buyer shall be obliged to takeover the goods upon delivery. If the goods must be delivered for the reasons on the buyer's part repeatedly or in the manner other than stated in the order, the buyer is obliged to pay the costs related to the repeated delivery of goods, or the costs related to such other method of delivery.
When taking over the goods from a carrier, the buyer is obliged to check the integrity of packaging of goods and notify the carrier immediately if any faults are established. If the packaging of goods is disrupted which fact suggests an unauthorised intrusion into the consignment, the buyer shall not be obliged to take over the goods from the carrier.
6. Rights Arising from Defective Performance
If the buyer is not a consumer, the following provisions hereof regarding the rights arising from defective performance shall not apply.
The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the applicable generally binding legal regulations, namely the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code and the Consumer Protection Act.
The seller is liable to a buyer for a defect-free condition of goods upon takeover. The seller is in particular liable to ensure that at the time the buyer takes over the goods:
- the goods have the properties as agreed by the parties and in the absence of such agreement, the goods have such properties which the seller or the manufacturer described or the buyer expected with respect to the nature of the goods and on the basis of the advertisement made by them,
- the goods are fit for the purpose described by the seller or for which such kind of goods are normally used,
- the goods are corresponding by their quality or workmanship to the agreed sample or model, if the quality or the workmanship have been determined according to the agreed sample or model,
- the goods are in the corresponding quantity, dimensions or weight and
- the goods comply with the requirements of legal regulations.
Should the defect appear in the course of six months from the takeover thereof, the goods shall be considered defective upon takeover.
The buyer has the right to claim rights arising out of a defect occurred with the consumer goods within twenty four months from the takeover thereof. Should any time period during which the object can be used (expiry date) be stated on the goods or the packaging, in the manual attached to the goods or in the advertisement in accordance with the applicable legal regulations, the provisions of the Civil Code regarding a quality warranty (Section 2113 et seq.) shall apply to the determination of the warranty period. The previous two sentences shall not apply to the goods sold for a lower price due to the defect for which such lower price has been agreed, to the wear and tear of goods caused by normal use, for the used goods to the defect corresponding to the level of use or wear and tear which the goods had had at the time of takeover by the buyer or if the nature of the goods implies so.
The buyer asserts the rights arising from defective performance with the seller at the address of the seller's business premises, or in the seller's registered office or place of business, each time with a proof of the purchase contract (a receipt or an invoice). The buyer may also assert the rights arising from defective performance so that s/he sends the claimed goods along with the description of the claimed defect and the proof of the purchase contract to the seller by mail to the address SNOWBOARD ZEZULA s.r.o., Palackého třída 170, 612 00 Brno. Should the seller issue a confirmation corresponding to Section 2166 of the Civil Code, the buyer shall assert the right to a repair with a person determined to carry out such repairs.
The time period for attending the claims shall be suspended if the seller has not received all parts of the goods (e.g. for claims regarding to footwear the buyer is obliged to handover to the seller the whole pair, only one shoe is not enough) or the documents necessary for attending the claim. The seller is obliged to request the buyer to supplement the parts of the goods or the documents without undue delay. The time period is suspended until the requested objects or documents are supplemented by the buyer.
The seller may reject to accept the goods for the complaint procedure if the goods and/or any parts thereof are wet, dirty or fail to comply with the elementary requirements for hygienically safe handover of goods for the complaint procedure. The buyer shall not be entitled to claim the defects if s/he has known about the defect prior to the acceptance of the goods or if the buyer has caused the defect himself.
Other rights and obligations of the contracting parties related to the seller's product liability may be regulated in the seller's complaint rules which form an integral part hereof and are posted at the website: https://www.snowboard-zezula.com/warranties-claims.
If the buyer has the right to the replacement or to return the goods, s/he should follow the instructions on the website: https://www.snowboard-zezula.com/returns.
7. Right of the Consumer to Withdraw
Save for the cases when the withdrawal from the purchase contract is not permitted (including but not limited to Section 1837 of the Civil Code), the consumer has the right in accordance with the provisions of Section 1829 (1) of the Civil Code to withdraw from the purchase contract within fourteen (14) days from the takeover of goods. If several types of goods are the subject of the purchase contract or if several parts are delivered, this time period shall run from the day of takeover of the last supply of the goods. The notice of withdrawal from the purchase contract must be sent to the seller within the time period stated in the previous sentence. The consumer may use for withdrawal from the purchase contract a sample form provided by the seller. The consumer may send the notice of withdrawal, inter alia, to the address of the seller's place of business or the seller's email address stated in the web interface.
In case of withdrawal, the consumer shall borne the costs related to the return of goods, even if the goods cannot be returned due to their character in a normal way by the post.
However, the consumer's right of withdrawal from the contract cannot be understood as a possibility of a free loan of goods. If the consumer makes use of the right to withdraw from the purchase contract, s/he shall be obliged to return to the seller all what s/he has obtained under the purchase contract. The consumer shall be liable to the seller for decrease in the value of the goods pursuant to Section 1833 of the Civil Code. Should it be not possible for the consumer to return all what s/he has obtained under the purchase contract (e.g. the goods have been meanwhile destroyed or consumed), s/he shall reimburse the seller (as a counter-value) for any objects that cannot be returned. The seller has the right to offset its claim for such reimbursement against the returned purchase price. In such case the seller returns to the consumer only such reduced purchase price.
If the buyer is entitled to claim repayment of the purchase price, the seller has the right to offset against the purchase price which is to be repaid to the buyer all actually expended costs related to the return of the goods.
8. Other Provisions
No consumer's rights can be asserted with respect to gifts that have been provided to the buyer for free. The provision of such gifts is a donation pursuant to Section 2055 et seq. of the Civil Code. If the buyer withdraws from the purchase contract, the buyer is obliged to return to the seller all accepted gifts provided in connection with concluding the purchase contract which the buyer has withdrawn from. Similarly, the buyer is obliged to also return the gifts to the seller, if the purchased goods have been replaced or returned. The provided gifts must be returned in original conditions and at the same time the buyer is liable to the seller for any reduction in their value and agrees to provide a reasonable monetary compensation for them.
The buyer acquires the title to the goods upon payment of the whole purchase price of the goods, providing that the goods had been handed over to him/her before the purchase price was paid in full.
9. Personal data protection
The information about buyers are retained in accordance with the applicable legal regulations, including but not limited to the Act no. 101/2000 Coll., on Personal Data Protection and on the Amendment to Certain Acts, as amended. By entering into the purchase contract the buyer, if s/he is a natural person, grants his/her consent to processing and collection of his/her personal data to the seller for the purpose of execution of the purchase contract, administration of a user account and for marketing purposes; the consent being granted to the following personal data: name and surname, address of residence and/or place of business (commercial operator), identification number (commercial operator), electronic address, telephone number, mobile telephone number (hereinafter only as “personal data”). This consent is granted by the buyer for an indefinite period of time.
In addition to the stated personal data, the above mentioned buyer's consent applies also to data generated while browsing through websites using the Google Analytics analytical tool with the extension of a code about storing remarketing data. We store this remarketing data for the period of 365 days. In addition to GDN network we also use the Adroll service for remarketing. Using these online tools we do not collect your personal data, such as your name, address, email or telephone. You may remove the record for targeting remarketing advertisements by deleting cookies files in your browser In order to be excluded from Adroll, you may visit the website: www.networkadvertising.org/choices/.
The buyer has the right to access personal data, to perform their correction, as well as other rights regulated in the Act on Personal Data Protection. At the same time the buyer grants his/her consent to sending commercial notices to the electronic contact stated as a part of his/her personal data (electronic address). The buyer may revoke this consent at any time free of charge.
Personal data may be removed from the seller's database upon the buyer's written request. Personal data are protected from the misuse by third persons. The seller shall not disclose personal data to any third party, with the exception of external carriers to whom the personal data are disclosed in the extent necessary for delivery of goods.
After the purchase contract is concluded, the consumer's order is stored with the seller and the buyer may edit only its current status. After the purchase contract is concluded by the seller, it is archived in the electronic form and it may be edited only by the seller.
The buyer agrees with saving cookies in his/her computer. In case the purchase can be made via the website and the seller's obligations from the purchase contract can be fulfilled without saving cookies to the buyer's computer, the buyer may revoke his/her consent pursuant to the previous sentence at any time.
10. Final Provisions
These Business Terms and Conditions shall apply in the version stated on the seller's website on the day the purchase contract is concluded.
The seller has the right to change or amend the Business Terms and Conditions, even their entire scope. In order to determine the content of the purchase contract, the Business Terms and Conditions in force and effect on the day the buyer has made a proposal for concluding the purchase contract shall apply.
The contract can be concluded in the Czech language or, if necessary, also in other languages.
The seller is not bound under any codes of conduct vis-a-vis the buyer.
The body competent to resolve extrajudicial consumer disputes arisen from the purchase contract shall be the Czech Trade Inspection Authority, with registered office Štěpánská 567/15, 120 00 Praha 2, website: http://www.coi.cz.
If the consumer, as a buyer, believes that his/her rights have been breached, s/he may address the seller with his/her complaint via the email address firstname.lastname@example.org in the interest of extrajudicial solution of the issue. The Czech Trade Inspection Authority is a state supervisory body and they also attend consumer claims within the limits of their competences.
The present Business Terms and Conditions shall come into effect on 9. june 2016.