Terms and conditions
I. Introductory provisions and definitions of terms
I.1. These General Terms and Conditions (hereinafter referred to as "GTC") are, within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), an integral part of the purchase and reservation contracts concluded between the customer and the seller via the website and e-shop www.florbalshop.cz .
I.2. Definition of terms:
E-shop - website, electronic store and reservation system, all available at the internet address www.florbalshop.cz.
Seller - Krimar sro, Hálkova 146/11, 736 01 Havířov, Company ID: 28626249, VAT Number: CZ28626249.
Store - floorball equipment store at Havířov, Elišky Krásnohorské 1306/29, ZIP code: 736 01.
Store operator - Krimar sro, ID: 28626249, with place of business in Havířov - Podlesí, Hálkova 1456/11, ZIP code: 736 01.
Customer - a person concluding a purchase or reservation contract with the seller through an e-shop.
Consumer - according to the provisions of Section 419 of the Civil Code, a consumer is any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with him.
Entrepreneur - a person who does not conclude a contract as a consumer.
Reservation - if the customer chooses "personal collection" as the method of transport, no purchase contract is concluded, but the goods are reserved. The goods are reserved for the customer in the store for the purpose of inspection and the possibility of trying them out before a possible purchase.
Making a reservation – viewing and trying out the reserved goods in the store based on the concluded reservation contract.
II. Conclusion of the purchase contract
II.1. Goods offered in the e-shop at the price stated there constitute, within the meaning of Section 1732, paragraph 2 of the Civil Code, an offer to conclude a purchase or reservation contract subject to exhaustion of stocks or loss of the entrepreneur's ability to perform.
II.2. The customer can accept the offer to conclude a purchase contract by sending a binding order via the e-shop using the form, or he can click on the "personal collection" delivery option via the form, thereby reserving the goods in the store for the purpose of inspecting them and trying them out before making a possible purchase, at the price stated in the e-shop at the time of sending the reservation.
II.3. The purchase contract is concluded by sending the customer's order via the e-shop.
II.4. The content of the contract is confirmed to the customer by the seller after sending the order together with these general terms and conditions to the e-mail address specified by the customer in the order and the subsequent tax document or invoice sent together with the goods.
II.5. The purchase contract shall not be concluded if the stocks of goods under the conditions specified in the customer's order are already exhausted or if the entrepreneur loses the ability to perform according to these GTC (e.g. if the goods cease to be produced, their properties change or the manufacturer's prices increase).
III. Conclusion of the reservation contract
III.1. Goods offered in the e-shop at the price stated there constitute, within the meaning of Section 1732, paragraph 2 of the Civil Code, an offer to conclude a purchase or reservation contract subject to exhaustion of stocks or loss of the entrepreneur's ability to perform.
III.2. The customer can accept the offer to conclude a purchase contract by sending a binding order via the e-shop using the form, or he can click on the "personal collection" delivery option via the form, thereby reserving the goods in the store for the purpose of inspecting them and trying them out before making a possible purchase, at the price stated in the e-shop at the time of sending the reservation.
III.3. The reservation contract is concluded by sending the customer's reservation via the e-shop with the option "personal collection".
III.4. The content of the contract is confirmed to the customer by the seller after sending the reservation, when before sending the reservation, the customer agreed to these terms and conditions by checking the box indicating that he has read these terms and conditions.
III.5. The fact that the reserved goods are ready for inspection in the seller's store will be notified to the customer by the seller at the e-mail address provided by the customer in the form.
III.6. The reservation contract shall not be concluded if the stock of goods under the conditions specified in the customer's reservation is already exhausted or if the entrepreneur loses the ability to perform according to these GTC (e.g. if the goods cease to be produced, their properties change or the manufacturer's prices increase).
IV. Basic rights and obligations under the purchase contract
IV.I. In the event of concluding a purchase contract via the e-shop, the purchase price can be paid by credit card via the payment portal, by transfer/deposit to an account and by cash on delivery.
IV.2. When paying by cash on delivery, the purchase price is payable upon delivery of the goods to the customer. When paying by credit card or transfer/deposit to an account, the purchase price is payable within 5 days of concluding the purchase contract.
IV.3. The seller is obliged to send the goods to the customer within 3 days of concluding the purchase contract in the case of payment of the purchase price by cash on delivery, or within 3 days of payment of the purchase price in the case of payment by credit card or transfer/deposit to the account.
IV.4. In the event of concluding a purchase contract via the e-shop, the goods are handed over by the seller to the customer by delivering the goods to the address specified by the customer in the order form. The customer is obliged to take delivery of the goods.
IV.5. If the customer does not accept the goods and they are returned to the seller after unsuccessful delivery, the purchase contract shall be terminated. In such a case, both contracting parties are obliged to return everything they received from the other party. The seller shall be entitled to compensation for the costs associated with the unsuccessful delivery of the goods to the customer. In such a case, the seller shall be entitled to offset the amount of the incurred costs against the purchase price, if paid by the customer.
V. Basic rights and obligations under the reservation contract
V.1. Based on the reservation agreement, the customer is entitled to exercise the reservation, i.e. to inspect and try on the reserved goods in the store. At the same time, the customer is immediately entitled to conclude a purchase contract after exercising the reservation at the purchase price at which the goods were offered in the e-shop at the time of conclusion of the reservation agreement.
V.2. The reservation contract concluded by sending the reservation form via the e-shop expires if the customer does not redeem the reservation in the seller's store within 5 days of sending the notification that the reserved goods are ready to the e-mail address provided by the customer in the reservation form.
VI. Rights and obligations arising from defects in goods
VI.1. The customer is obliged to inspect the goods immediately upon receipt.
VI.2. In the event of any defects in the goods being discovered, the customer is obliged to report these defects to the seller without undue delay.
VI.3. If the customer is a consumer:
a) is entitled to exercise the right from defects that occur within twenty-four months from the receipt of the goods. This does not apply in the case of defects in goods sold at a lower price due to such a defect; in the case of defects caused by wear and tear of the goods as a result of their normal use; in the case of defects corresponding to the degree of use or wear and tear of used goods.
b) In the event of defects that constitute a material breach of contract, the customer has the right to:
- removal of the defect by delivering new goods or by delivering the missing goods or part thereof;
- elimination of the defect by repairing the goods;
- a reasonable discount on the purchase price;
- withdrawal from the contract.
c) The customer is obliged to inform the seller of the right he has chosen under Article VI.3. letter b) of the GTC, when notifying the defect or without undue delay thereafter. The choice cannot be changed without the seller's consent. If the buyer does not notify the seller of the choice of right in time, he has rights from the defects as if they were minor breaches of the contract. If the seller does not remove the defect under Article VI.3. letter b) of the GTC in time or refuses to remove it, the seller has the right to demand a discount on the purchase price or may withdraw from the contract.
d) In the event of defects that constitute a minor breach of contract, the customer has the right to:
- removal of the defect;
- a reasonable discount on the purchase price.
e) If the seller does not remove the defect in accordance with Article VI.3. letter d) of the GTC in a timely manner or refuses to remove it, the customer has the right to request a discount on the purchase price or may withdraw from the contract.
f) If the goods have a defect within the meaning of Section 2161 of the Civil Code when the customer takes over the goods, the customer has the right to have new goods delivered without defects, unless this is unreasonable given the nature of the defect. If the defect concerns only a part of the goods, the customer has the right only to have the defective part replaced. If it is possible to repair the goods without undue delay, the customer has the right to have the goods repaired free of charge. If it is not possible to deliver new goods or a part thereof without defects and if it is not possible to repair the goods without undue delay, the customer has the right to withdraw from the contract.
g) If a defect according to Article VI.3. letter f) of the GTC occurs repeatedly even after the goods have been repaired or if a larger number of defects occur, the customer has the right to exchange the goods or to withdraw from the contract even in the case of removable defects, i.e. in the case where the exchange of the goods or withdrawal from the contract is unreasonable given the nature of the defects.
VI.4. If the customer is an entrepreneur:
a) the right to defective performance is based solely on the defect that the item has when the risk of damage passes to the buyer.
b) In the event of defects that constitute a material breach of contract, the customer has the right to:
- removal of the defect by delivering new goods or by delivering the missing goods or part thereof;
- elimination of the defect by repairing the goods;
- a reasonable discount on the purchase price;
- withdrawal from the contract.
c) The customer is obliged to inform the seller of the right he has chosen under Article VI.4. letter b) of the GTC, when notifying the defect or without undue delay thereafter. The choice cannot be changed without the seller's consent. If the buyer does not notify the seller of his choice of right in time, he has rights from the defects as if they were minor breaches of the contract. If the seller does not remove the defect under Article VI.4. letter b) of the GTC in time or refuses to remove it, the seller has the right to demand a discount on the purchase price or may withdraw from the contract.
d) In the event of defects that constitute a minor breach of contract, the customer has the right to:
- removal of the defect;
- a reasonable discount on the purchase price.
e) If the seller does not remove the defect in accordance with Article VI.4. letter d) of the GTC in a timely manner or refuses to remove it, the customer has the right to request a discount on the purchase price or may withdraw from the contract.
VI.5. In the event of a claim for defects in the goods, the customer is obliged to deliver the defective goods to the seller at the same time as notifying the defect. The costs associated with the claim for defects shall be borne by the customer if they are unfounded.
VII. Withdrawal from the contract by the customer
VII.1. If the customer is a consumer and has concluded a purchase contract with the seller via the e-shop, he has the right to withdraw from the purchase contract without giving a reason within 30 days of receipt of the goods by the customer. The customer does not have the right to withdraw from the purchase contract, the subject of which is a floorball stick, if he has removed the plastic wrap from the stick handle, which protects the handle wrap for hygienic reasons.
VII.2. The customer is obliged to inform the seller in writing of the withdrawal from the contract, stating his/her contact details. The customer may use the form attached to these general terms and conditions to inform the seller.
VII.3. The customer must send the withdrawal from the contract to the store address no later than the last day of the period specified in Article VII.1. GTC. The withdrawal is effective upon delivery of the information about the withdrawal to the seller.
VII.4. If the customer withdraws from the contract, he is obliged to hand over or send the goods to the seller no later than 14 days from the withdrawal from the contract. The costs of returning the goods to the seller are borne by the customer.
VII.5. Returned goods cannot be sent cash on delivery, which includes the purchase price of the goods. Such a shipment will not be accepted by the seller and the goods are not considered returned.
VII.6. The Seller is obliged to refund the customer the purchase price received from him and the costs of delivering the goods to the customer in the amount corresponding to the cheapest method of transport offered on the e-shop at the time of concluding the purchase price, if he received these costs from the customer. The Seller will refund the customer's funds within 14 days of withdrawal from the contract, but not before the customer has delivered the goods or received confirmation of their dispatch to the seller's address.
VII.7. If the customer returns the goods damaged after withdrawal from the contract, i.e. with a reduced value as a result of handling the goods in a manner other than that necessary for inspection of the goods, he is liable to the seller for such reduced value. The following are considered to be the reduction in the value of the goods for which the customer is liable under this provision: fraying of the lower edge of the floorball stick blade, dirt, scratches, etc.
VII.8. The Seller is entitled to assess and determine the amount of the reduction in value based on his professional knowledge and experience. In the event of damage to the goods in such a way that they are de facto destroyed, this may reach a maximum of the value of the goods.
VIII. Bonuses
VIII.1. If the customer has been provided with any bonus depending on the purchase price (gift, discount, free shipping, etc.), the customer is obliged, if he withdraws from the purchase contract or part of it for any reason, as a result of which the purchase price falls below the amount justifying the provision of the bonus, to return the bonus or its value together with the goods to which the withdrawal from the contract relates.
VIII.2. If the customer is obliged, pursuant to Article VIII.1 of the GTC, to return to the seller the value of the bonus provided (gift, discount, shipping cost) in the event of withdrawal from only part of the purchase contract, this claim of the seller shall be set off against the purchase price, which the seller shall be obliged to return to the buyer, without the need to perform any further action for the set-off.
IX. User account. Protection of personal data.
IX.1. Purchases and reservations in the e-shop can be made by the customer both once without registration and repeatedly based on the customer's registration and the creation of their user account in the e-shop system (hereinafter referred to as the "user account").
IX.2. The user account is protected by a name and password chosen by the buyer. The seller is entitled to cancel the buyer's user account if it has not been used for 2 years, or if the buyer breaches his obligations under the purchase or reservation contract.
IX.3. Personal data that the customer provides to the seller for processing during a one-time purchase or when creating a user account are protected by Act No. 101/2000 Coll., on the Protection of Personal Data (hereinafter referred to as the "Privacy Act"), and therefore matters of personal data protection not regulated by this article are governed by this Act.
IX.4. The Buyer, as a data subject within the meaning of the provisions of Section 4 letter d) of the Personal Data Protection Act, hereby consents to the processing of the following personal data: name, surname, title, residential address, (tax) identification number, e-mail and telephone number (hereinafter referred to as "personal data").
IX.5. The buyer agrees to the processing of personal data for the purposes of maintaining a user account, concluding purchase and reservation contracts and for the purposes of properly fulfilling the rights and obligations under these contracts. The provision of personal data is voluntary in accordance with the provisions of Section 11(2) of the Personal Data Protection Act.
IX.6. The Buyer is obliged to always provide true and complete personal data and is obliged to inform the Seller within a reasonable time of any change in personal data pursuant to Article IX.4.
IX.7. Personal data will be processed for an indefinite period in electronic or written form. The Seller may entrust their processing to a third party and personal data may only be made available to the carrier for the purpose of delivering the goods.
IX.8. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information without undue delay. The content of this information is set out in the provisions of Section 12, paragraph 2 of the Personal Data Protection Act. For the provision of information pursuant to this article of the GTC, the seller is entitled to demand reasonable compensation not exceeding the costs necessary to provide the information.
IX.9. If the buyer discovers or believes that the seller or a third party authorized to process personal data is processing personal data in violation of the protection of his or her private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of processing, he or she may, pursuant to the provisions of Section 21 of the Personal Data Protection Act, request an explanation from the seller or a person authorized by him or her, or may request that the seller or a third party eliminate the defective state. In particular, this may involve blocking, correcting, supplementing or destroying personal data in accordance with the Personal Data Protection Act. If this request by the seller or a third party is found to be justified, the relevant entity shall immediately eliminate the defective state.
IX.10. Unless the buyer chooses another option, he agrees to the processing of his personal data for the purpose of sending commercial information and communications to the buyer. The choice according to this article of the GTC is made via the form when concluding a purchase or reservation contract.
X. Storing cookies.
X.1. The buyer agrees to the storage of "cookies" on the hard drive of his computer, which facilitate the distinction of individual users of the e-shop.
XI. Delivery.
XI.1. The parties to a purchase or reservation contract are obliged to conduct all mutual negotiations in writing, except in cases where the contract or these GTC allow for communication via electronic means of communication.
XI.2. A document is considered delivered by being placed in a mailbox, being personally received by the addressee, or upon expiry of the storage period of the postal service provider.
XI.3. The buyer's delivery address is the address specified in his user account, or when concluding a reservation or purchase contract. The seller's delivery address is Florbalshop.cz, Elišky Krásnohorské 1306/29, Havířov, ZIP code: 736 01.
XI.4. Information related to the Seller's offers and other commercial communications will be sent to the e-mail address provided by the Buyer. The Buyer hereby consents to the sending of offers and commercial communications in accordance with this article of the GTC.
XII. Final and transitional provisions.
XII.1. If the relationship established by the contract contains an international element, then the parties agree that the relationship is governed by Czech law.
XII.2. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
XII.3. The appendix to these GTC consists of a sample form for withdrawal from the purchase contract, which can be downloaded >> here << (.docx MS Word).
XII.4. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
XII.5. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
XII.6. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
XII.7. The Czech Trade Inspection Authority - Inspectorate for the Moravian-Silesian and Olomouc Region, Provozní 5491/1, 722 00 Ostrava - Třebovice, ID: 000 20 869, internet address: https://www.coi.cz , is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract.
XII.8. All our telephone contacts are charged according to your operator's tariff.
Complaint
Delivery service complaints
If your shipment arrives damaged, please proceed as follows:
1. Always inspect the shipment before the carrier.
2. In case of damage to the packaging (wrinkled, torn, soaked, etc.), immediately write a report on the damage to the shipment with the carrier.
3. Do not let the carrier convince you that the shipment is not well secured.
In case of a problem with Czech Post, write to info@florbalshop.cz. In the subject line, write " Problem with shipping ", describe the problem, provide your contact information, the shipment number and the order number. We will resolve your problem with the carrier and inform you of the next steps. Damaged shipments cannot be your concern and must not make shopping in our store unpleasant.
Complaints about defective goods
The recipient of the shipment is obliged to inspect the shipment upon receipt and, in the event of obvious damage noticeable on the surface of the shipment packaging, or obvious and noticeable partial loss of the shipment inside, to complain about such damage and loss to the forwarder. A damage report must be drawn up immediately on the extent of the damage or partial loss of the contents of the shipment. The forwarder is obliged to draw up such a report.
If damage or partial loss of the contents of the shipment is not apparent upon handover and acceptance by the recipient, the recipient of the shipment is obliged to notify the sender of the damage without undue delay after discovering it, no later than 3 working days from the date of delivery of the shipment by calling 00420 603 443 638. SLOVAKIA 00421 910 126 929
The recipient is obliged to allow the forwarder to personally and physically verify the extent of the damage before writing a damage report.
In all cases, it is necessary to submit a complaint report, a complete list of product parts and a copy of the invoice.
Complaints about goods are governed by the relevant provisions of the Civil Code and the Consumer Protection Act. In the event of an irreparable defect in the goods (based on a written assessment by an authorized service center, if the nature of the product requires it), the goods will be exchanged for the same item, or the amount already paid will be refunded.
The buyer from the Czech Republic is obliged to send the claimed goods to the following address:
Floorballshop.cz
complaint
E. Krasnohorské 1629 / 31
736 01 Havirov
Contact address for SLOVAKIA, complaints:
Floorballshop.cz
Krimar Ltd.
P.O. Box 119
Cadca, 022 01
After receiving the above-mentioned requirements, the seller will initiate a complaint procedure with the forwarder. The forwarder is obliged to settle the complaint no later than 30 days from its application. The seller will also inform the buyer no later than three days from the receipt of the statement about the complaint from the forwarder. The seller does not assume liability for damages resulting from the operation of the products, functional properties and damages from improper use of the products, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the warranty provided. We will always inform you about the outcome of the complaint - by phone, e-mail.
Money back guarantee for goods
To ensure that you do not take any risks when shopping at Florbalshop.cz, we offer you a " Money Back Guarantee". We provide this guarantee because we are aware that when shopping online you cannot properly inspect the goods and so it can easily happen that you order something different than you imagined.
If you find that you are not satisfied with the goods immediately after receiving them, you have the option to return them without giving a reason. The money will be sent back to you immediately by bank transfer.
Refund conditions:
1. The goods must be intact in their original packaging, with all tags attached, so that they can be offered to customers.
2. The customer must return the item within 14 days of receiving the item.
3. A copy of the COD slip must be included in the returned shipment.
4. We will only refund you the money for the goods, not the shipping costs. COD shipments will not be accepted.
5. Always write what you are requesting in the package, and in case of returning the goods, please include your account number to which we will refund your money. We DO NOT send money to the address by money order.
Send returned goods to the following address in the Czech Republic:
Floorballshop.cz
E. Krasnohorské 1629 / 31
736 01 Havirov
Contact address for SLOVAKIA, returns, complaints:
Floorballshop.cz
Krimar Ltd.
P.O. Box 119
Cadca, 022 01