Terms & Conditions

General Terms and Conditions

 

I.

Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

 

KOPP & CO s.r.o.

Company ID: 63217422

VAT ID: CZ63217422

registered office: S. K. Neumanna 1257, 500 02 Hradec Králové, Czech Republic

registered with the Regional Court in Hradec Králové, file No. C 7785                       


contact details:

e-mail: info@mojekarticky.cz

telephone: 777478913

website: www.hokejovekarticky.cz

(hereinafter referred to as the “Seller”)

 

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside the scope of their business activities as a consumer, or within the scope of their business activities (hereinafter referred to as the “Buyer”) through the web interface located on the website available at https://www.hokejovekarticky.cz/ (hereinafter referred to as the “Online Store”).
3. The provisions of these Terms and Conditions form an integral part of the purchase agreement. Any provisions agreed separately in the purchase agreement shall take precedence over these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

 

II.

Information on Goods and Prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the Online Store catalogue. Prices are stated including value added tax, all related charges and the cost of returning goods where, by their nature, such goods cannot normally be returned by post. The prices remain valid for as long as they are displayed in the Online Store. This provision does not preclude the conclusion of a purchase agreement on individually negotiated terms.
2. All presentation of goods in the Online Store catalogue is for informational purposes only and the Seller is not obliged to enter into a purchase agreement in respect of such goods.
3. Information on costs associated with the packaging and delivery of goods is published in the Online Store. The information on packaging and delivery costs stated in the Online Store applies only where the goods are delivered within the Czech Republic.
4. Any discounts on the purchase price of goods cannot be combined unless the Seller and the Buyer agree otherwise.

 

III.

Order and Conclusion of the Purchase Agreement

1. Any costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the standard rate.
2. The Buyer may place an order for goods in the following ways:

• through their customer account, provided that they have previously registered in the Online Store,
• by completing the order form without registration. 

3. When placing an order, the Buyer selects the goods, the quantity, and the method of payment and delivery.
4. Before submitting the order, the Buyer is able to check and amend the information entered in the order. The Buyer sends the order to the Seller by clicking the “order online” button. The information provided in the order is considered correct by the Seller. For the order to be valid, all mandatory information in the order form must be completed and the Buyer must confirm that they have read these Terms and Conditions.
5. Immediately after receiving the order, the Seller will send the Buyer confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and does not constitute conclusion of the agreement. The Seller's current Terms and Conditions are attached to the confirmation. The purchase agreement is concluded only once the order has been accepted by the Seller. Notification of acceptance of the order is delivered to the Buyer's e-mail address.
6. If the Seller is unable to fulfil any of the requirements specified in the order, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer is considered a new proposal for a purchase agreement and, in such a case, the purchase agreement is concluded when the Buyer confirms acceptance of that offer to the Seller at the e-mail address specified in these Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until notification of acceptance of the order by the Seller has been delivered to the Buyer. The Buyer may cancel an order by telephone or by e-mail using the Seller's contact details specified in these Terms and Conditions.
8. If there has been an obvious technical error on the Seller's part in stating the price of the goods in the Online Store or during the ordering process, the Seller is not obliged to supply the goods to the Buyer at the manifestly incorrect price, even if the Buyer has received an automatic confirmation of receipt of the order pursuant to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send an amended offer to the Buyer's e-mail address. The amended offer is considered a new proposal for a purchase agreement and, in such a case, the purchase agreement is concluded when the Buyer confirms acceptance to the Seller's e-mail address.

 

IV.

Customer Account

1. Following registration in the Online Store, the Buyer may access their customer account. The Buyer may place orders for goods through their customer account. The Buyer may also order goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel a user account, in particular where the Buyer has not used the account for an extended period or where the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, in particular due to necessary maintenance of the Seller's hardware and software or necessary maintenance of hardware and software belonging to third parties.

 

V.

Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any costs associated with delivery under the purchase agreement using the following methods:

• by bank transfer to the Seller's bank account No. 575170297/0100 held with KB in Hradec Králové,
• by payment card,
• by bank transfer to the Seller's account via the payment gateway (comgate.cz),
• cash on delivery upon receipt of the goods,
• in cash or by payment card upon personal collection at the Seller's premises,
• in cash or by payment card upon personal collection at a parcel pick-up point (zasilkovna.cz)

2. Together with the purchase price, the Buyer is obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise below, references to the purchase price also include the costs associated with delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of conclusion of the purchase agreement.
4. Where payment is made through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment service provider.
5. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
6. The Seller does not require any deposit or other similar advance payment from the Buyer. Payment of the purchase price before dispatch of the goods is not considered a deposit.
7. Under the Act on the Registration of Sales, the Seller is obliged to issue the Buyer with a receipt. At the same time, the Seller is obliged to register the received sale online with the tax authority, or, in the event of a technical outage, no later than within 48 hours
8. The goods are delivered to the Buyer:

• to the address specified by the Buyer in the order
• via a parcel pick-up point to the address of the pick-up point selected by the Buyer,
• by personal collection at the Seller's premises.

9. The delivery method is selected during the ordering process.
10. The costs of delivery, depending on the method of dispatch and receipt of the goods, are stated in the Buyer's order and in the Seller's order confirmation. If a particular method of transport is agreed at the Buyer's special request, the Buyer bears the risk and any additional costs associated with that method of transport.
11. If, under the purchase agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods. If, for reasons attributable to the Buyer, the goods have to be delivered repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery or the costs associated with the alternative method of delivery.
12. Upon taking delivery of the goods from the carrier, the Buyer is obliged to check that the packaging is intact and, in the event of any defects, to notify the carrier immediately. If the packaging shows signs of unauthorised access to the shipment, the Buyer is not obliged to accept the shipment from the carrier.
13. The Seller will issue the Buyer with a tax document – an invoice. The tax document is sent to the Buyer's e-mail address. / The tax document is enclosed with the delivered goods.
14. The Buyer acquires title to the goods upon payment of the full purchase price, including delivery costs, but no earlier than upon receipt of the goods.
15. The risk of accidental destruction, damage or loss of the goods passes to the Buyer upon receipt of the goods or at the moment when the Buyer was obliged to take delivery but failed to do so contrary to the purchase agreement.

 

VI.

Withdrawal from the Agreement

1. A Buyer who has entered into the purchase agreement outside the scope of their business activities as a consumer has the right to withdraw from the purchase agreement.
2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the final delivery of goods where the subject of the agreement is several types of goods or delivery in several parts,
• from the date of receipt of the first delivery of goods where the subject of the agreement is a regular recurring supply of goods.

3. Among other cases, the Buyer may not withdraw from a purchase agreement concerning

• the provision of services where they were fully performed with the Buyer's prior express consent before expiry of the withdrawal period and the Seller informed the Buyer before conclusion of the agreement that, in such a case, the Buyer would have no right of withdrawal,
• the supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller's control and which may occur during the withdrawal period,
• the supply of alcoholic beverages that may be delivered only after thirty days and whose price depends on fluctuations in the financial market beyond the Seller's control,
• the supply of goods made or modified according to the Buyer's wishes or specifically for the Buyer,
• the supply of goods that are liable to deteriorate rapidly, as well as goods that have been irreversibly mixed with other goods after delivery,
• the supply of sealed goods which the Buyer has unsealed and which cannot be returned for hygiene reasons,
• the supply of an audio or video recording or computer software where the original sealed packaging has been opened,
• the supply of newspapers, periodicals or magazines,
• the supply of digital content not supplied on a tangible medium where performance began with the Buyer's prior express consent before expiry of the withdrawal period and the Seller informed the Buyer before conclusion of the agreement that, in such a case, the Buyer would have no right of withdrawal,

• other cases specified in Section 1837 of the Civil Code.

4. To meet the withdrawal deadline, the Buyer must send the notice of withdrawal within the withdrawal period.
5. To withdraw from the purchase agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal notice to the Seller's e-mail address or delivery address specified in these Terms and Conditions. The Seller will confirm receipt of the form to the Buyer without undue delay.
6. A Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods to the Seller, including where the goods cannot, by their nature, normally be returned by post.
7. If the Buyer withdraws from the agreement, the Seller will return, without undue delay and no later than 14 days after withdrawal, all funds received from the Buyer, including delivery costs, using the same method of payment. The Seller will refund the funds using a different method only if the Buyer agrees and if this does not result in additional costs for the Buyer.
8. If the Buyer chose a delivery method other than the least expensive delivery method offered by the Seller, the Seller will refund delivery costs only up to the amount corresponding to the least expensive delivery method offered.
9. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the funds received before the Buyer hands over the goods to the Seller or proves that the goods have been sent back to the Seller.
10. The Buyer must return the goods to the Seller undamaged, unworn and clean and, where possible, in the original packaging. The Seller is entitled to set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase agreement where stock has sold out, the goods are unavailable, or the manufacturer, importer or supplier has discontinued production or import of the goods. The Seller will inform the Buyer without undue delay via the e-mail address stated in the order and, within 14 days of notifying the Buyer of withdrawal, will refund all funds received under the agreement, including delivery costs, using the same method of payment or, where applicable, another method specified by the Buyer.

 

VII.

Rights Arising from Defective Performance

1. The Seller is liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable to the Buyer for the fact that, at the time the Buyer takes receipt of the goods:

• the goods have the characteristics agreed by the parties and, where no such agreement exists, the characteristics described by the Seller or manufacturer or reasonably expected by the Buyer having regard to the nature of the goods and the advertising carried out by them,
• the goods are suitable for the purpose stated by the Seller or for which goods of that kind are normally used,
• the quality or workmanship of the goods corresponds to the agreed sample or model where the quality or workmanship was determined according to an agreed sample or model,
• the goods are supplied in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of applicable legislation.

2. The Seller's obligations arising from defective performance apply at least to the same extent as those of the manufacturer. The Buyer is otherwise entitled to exercise rights arising from a defect occurring in consumer goods within twenty-four months of receipt.
3. Where the goods sold, their packaging, instructions supplied with the goods or advertising in accordance with other legislation state a period during which the goods may be used, the provisions concerning a quality guarantee apply. Under a quality guarantee, the Seller undertakes that the goods will remain fit for their usual purpose or retain their usual characteristics for a specified period. Where the Buyer has legitimately notified the Seller of a defect, the period for exercising rights arising from defective performance and any guarantee period do not run for the period during which the Buyer cannot use the defective goods.
4. The provisions in the preceding paragraph of these Terms and Conditions do not apply, in the case of goods sold at a reduced price, to a defect for which the lower price was agreed; to wear and tear caused by normal use; in the case of used goods, to a defect corresponding to the degree of use or wear present at the time the Buyer took receipt; or where this follows from the nature of the goods. The Buyer is not entitled to rights arising from defective performance if, before taking receipt, the Buyer knew that the goods had a defect or if the Buyer caused the defect themselves.
5. If a defect occurs, the Buyer may submit a complaint to the Seller and request:

• replacement with new goods,
• repair of the goods,
• an appropriate reduction of the purchase price,
• withdrawal from the agreement.

6. The Buyer has the right to withdraw from the agreement:

• if the goods have a material defect,
• if the Buyer cannot properly use the goods due to recurrence of the same defect or defects after repair,
• if the goods have a greater number of defects.

7. A breach of contract is material if the breaching party knew or should have known at the time the agreement was concluded that the other party would not have entered into the agreement had they anticipated such a breach.
8. In the case of a defect constituting a non-material breach of contract, whether removable or not, the Buyer is entitled to have the defect remedied or to an appropriate reduction of the purchase price.
9. If a removable defect occurs repeatedly after repair (usually a third complaint concerning the same defect or a fourth complaint concerning different defects), or if the goods have a greater number of defects (generally at least three defects at the same time), the Buyer has the right to request a reduction of the purchase price, replacement of the goods or withdrawal from the agreement.
10. When making a complaint, the Buyer is obliged to inform the Seller which right they have chosen to exercise. The Buyer may change their choice without the Seller's consent only if they requested repair of a defect that proves to be irreparable. If the Buyer does not choose their right arising from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.
11. If repair or replacement of the goods is not possible, the Buyer may, by withdrawing from the agreement, request a full refund of the purchase price.
12. If the Seller proves that the Buyer knew of the defect before taking receipt of the goods or caused the defect themselves, the Seller is not obliged to satisfy the Buyer's claim.
13. The Buyer may not make a complaint regarding discounted goods in respect of the defect for which the goods were discounted.
14. The Seller is obliged to accept a complaint at any of its premises where complaints can be accepted, or at its registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation stating when the Buyer exercised the right, the subject of the complaint and the method of resolution requested by the Buyer, as well as confirmation of the date and method of resolving the complaint, including confirmation of any repair carried out and its duration, or written reasons for rejecting the complaint.
15. The Seller or an authorised employee will decide on the complaint immediately, or in complex cases within three working days. This period does not include the reasonable time, depending on the type of product or service, required for professional assessment of the defect. The complaint, including remedy of the defect, must be resolved without undue delay and no later than 30 days from the date the complaint was made, unless the Seller and the Buyer agree on a longer period. Failure to meet this period is considered a material breach of contract and the Buyer has the right to withdraw from the purchase agreement. A complaint is deemed to have been made at the moment the Buyer's expression of intent (exercise of rights arising from defective performance) reaches the Seller.
16. The Seller will inform the Buyer in writing of the outcome of the complaint.
17. The Buyer is not entitled to rights arising from defective performance if, before taking receipt of the item, the Buyer knew that it was defective or if the Buyer caused the defect themselves.
18. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs associated with making the complaint. The Buyer may exercise this right against the Seller within one month after expiry of the warranty period; otherwise, a court may decline to grant it.
19. The Buyer has the right to choose the method of resolving the complaint.
20. The rights and obligations of the parties relating to rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

 

VIII.

Delivery of Notices

1. The parties may deliver all written correspondence to each other by e-mail.
2. The Buyer delivers correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the e-mail address stated in the Buyer's customer account or order.

 

IX.

Personal Data

1. All information provided by the Buyer in connection with their dealings with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written consent, the Seller will not use the Buyer's data for purposes other than performance of the agreement, with the exception of the e-mail address, to which commercial communications may be sent where permitted by law unless the Buyer expressly opts out. Such communications may concern only similar or related goods and may be unsubscribed from at any time in a simple manner (by letter, e-mail or by clicking the unsubscribe link in the commercial communication). The e-mail address will be retained for this purpose for 3 years from conclusion of the most recent agreement between the parties.
2. More detailed information on personal data protection can be found in the Privacy Policy HERE.

 

 

IX.

Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. is the competent authority for out-of-court resolution of consumer disputes arising from a purchase agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from a purchase agreement.
2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
3. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out, within the scope of its powers, by the competent trade licensing authority. The Czech Trade Inspection Authority supervises, among other things and within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

X.

Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
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.
3. All rights to the Seller's website, in particular copyright in its content, including the page layout, photographs, videos, graphics, trademarks, logo and other content and elements, belong to the Seller. Copying, modifying or otherwise using the website or any part thereof without the Seller's consent is prohibited.
4. The Seller is not liable for errors resulting from third-party interference with the Online Store or from its use contrary to its intended purpose. When using the Online Store, the Buyer must not use procedures that could adversely affect its operation and must not carry out any activity that could enable the Buyer or third parties to interfere with or make unauthorised use of the software or other components forming the Online Store, or use the Online Store, any part of it or its software in a manner contrary to its intended purpose.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect rights and obligations arising while a previous version of the Terms and Conditions was in force.
8. A model withdrawal form is attached to these Terms and Conditions.

 

 

These Terms and Conditions enter into force on 15 February 2021