Business terms and conditions
These General Terms and Conditions (the “Terms”) of Pro Fight Gear s.r.o., with its registered office at Souhradská 11, Ostrava-Plesná 725 27, ID No.: 19532610, registered in the Commercial Register under file no. C 93188 maintained by the Regional Court in Ostrava, e -mail rajaboxingczech@gmail.com, telephone number +420 776 071 998 (the “We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (the “Contract”) concluded via the E-shop on the website www.rajaboxingczech.cz.
All information about the processing of Your personal data is contained in the Personal Data Processing Policy, which you can find here https://www.rajaboxingczech.cz/podminky-ochrany-osobnich-udaju/.
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms.
As you surely know, we communicate primarily remotely. Therefore, for our Contract as well, means of remote communication are used which enable us to reach agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded as a distance contract in the E-shop environment, via the website interface (the “E-shop web interface”).
If any part of the Terms contradicts what we jointly approved within the process of Your purchase on Our E-shop, that specific agreement shall take precedence over the Terms.
I. CERTAIN DEFINITIONS
1. Price means the monetary amount You will pay for the Goods;
2. Delivery Price means the monetary amount You will pay for the delivery of the Goods, including the cost of their packaging;
3. Total Price means the sum of the Price and the Delivery Price;
4. VAT means value added tax under applicable legislation;
5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;
6. Order means Your irrevocable offer to conclude a Contract for the purchase of the Goods with Us;
7. User Account means an account created on the basis of the data provided by You, enabling the storage of entered data and the retention of the history of ordered Goods and concluded Contracts;
8. You means the person purchasing on Our E-shop, referred to in legislation as the buyer;
9. Goods means anything that You can purchase on the E-shop.
II. GENERAL PROVISIONS AND INFORMATION
1. The purchase of Goods is possible only via the E-shop web interface.
2. When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. The information You provided to Us when ordering the Goods will therefore be considered correct and truthful.
III. CONCLUSION OF THE CONTRACT
1. The Contract with Us may be concluded only in the Czech language.
2. The Contract is concluded remotely via the E-shop, and You bear the costs of using means of remote communication. However, these costs do not differ from the basic rate You pay for using such means (in particular for internet access), and therefore You should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree that we use means of remote communication.
3. In order for us to conclude the Contract, You must create a draft Order on the E-shop. This draft must include the following details:
a) Information about the purchased Goods (on the E-shop, You select the Goods you are interested in purchasing by clicking the “Add to cart” button);
b) Information about the Price, the Delivery Price, the method of payment of the Total Price, and the required method of delivery of the Goods. This information will be entered when creating the draft Order within the E-shop user environment, while information about the Price, the Delivery Price and the Total Price will be displayed automatically based on the Goods and the selected delivery method chosen by You;
c) Your identification and contact details needed so that we can deliver the Goods, in particular first name, last name, delivery address, telephone number and e-mail address;
d) In the case of a Contract under which we will supply Goods to You regularly and repeatedly, also information on how long we will supply the Goods to You.
4. During the creation of the draft Order, You may change and review the data until the Order is created. After completing the review by pressing the “Order binding to payment” button, You create the Order. Before pressing the button, however, You must also confirm that You have read and agree to these Terms; otherwise it will not be possible to create the Order. A checkbox is used for confirmation and consent. After pressing the “Order binding to payment” button, all completed information will be sent directly to Us.
5. We will confirm Your Order to You as soon as possible after it is delivered to Us by a message sent to Your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The Terms in force as of the date of the Order form an integral part of the Contract.
6. There may also be cases when we cannot confirm Your Order. These include, in particular, situations where the Goods are not available or cases where You order a greater quantity of the Goods than is allowed by Us. However, we will always provide You in advance within the E-shop with information about the maximum quantity of Goods, and it should therefore not be surprising for You. If any reason arises for which we cannot confirm the Order, we will contact You and send You an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment You confirm Our offer.
7. If an obviously erroneous Price is stated within the E-shop or in the draft Order, we are not obliged to supply the Goods to You at such Price, even if You have received confirmation of the Order and thus the Contract has been concluded. In such a situation, we will contact You without undue delay and send You an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is then concluded at the moment You confirm Our offer. If You do not confirm Our offer even within 3 days from its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or added.
8. If the Contract is concluded, You incur the obligation to pay the Total Price.
9. If You have created a User Account, You may place an Order through it. Even in such a case, however, You have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is identical to the case of a buyer without a User Account; the advantage is that it is not necessary to repeatedly fill in Your identification details.
10. In certain cases, we allow You to use a discount when purchasing Goods. In order to grant the discount, it is necessary that, within the draft Order, You enter the discount details into the designated field. If You do so, the Goods will be provided to You at a discounted price.
IV. USER ACCOUNT
1. Based on Your registration within the E-shop, You can access Your User Account.
2. When registering a User Account, it is Your obligation to enter all data correctly and truthfully and, in the event of any change, to update it.
3. Access to the User Account is secured by a username and password. With regard to these access details, it is Your obligation to maintain confidentiality and not provide these details to anyone. In the event of misuse, we bear no liability.
4. The User Account is personal, and therefore You are not entitled to allow third parties to use it.
5. We may cancel Your User Account, in particular if You do not use it for more than two years, or if You breach Your obligations under the Contract.
6. The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment.
V. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
1. The Price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Contract. The draft Order also states the Delivery Price, or the conditions under which delivery is free of charge.
2. The Total Price is stated inclusive of VAT and all fees required by law.
3. We will require payment of the Total Price from You after the Contract is concluded and before handing over the Goods. You may pay the Total Price in the following ways:
a) By bank transfer. We will send You payment details within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within three business days.
b) By online card payment. In such a case, payment is made via the Shoptet Pay payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: https://podpora.shoptet.cz/hc/cs/articles/4405101575698-Shoptet-Pay. In the case of online card payment, the Total Price is due within 24 hours.
c) Cash on delivery. In such a case, payment is made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.
d) Cash upon personal collection. Cash payment is possible in the case of collection at Our premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
4. The Invoice will be issued electronically after payment of the Total Price and will be sent to Your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Accou.
5. Title to the Goods passes to You only after You pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to Our account; in other cases, it is paid at the moment the payment is made.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
1. The Goods will be delivered to You in the manner of Your choice, and You may choose from the following options:
a) Personal collection based on prior arrangement;
b) Personal collection at pick-up points of Zásilkovna;
c) Delivery via carriers PPL CZ, Zásilkovna;
2. The Goods can be delivered only within the Czech Republic and the Slovak Republic.
3. The delivery time of the Goods always depends on their availability and on the selected method of delivery and payment. The estimated delivery time of the Goods will be communicated to You in the Order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform You about the possibility of collecting the Goods by e-mail.
4. After receiving the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately. If there is a defect in the packaging that indicates unauthorised handling and entry into the shipment, You are not obliged to accept the Goods from the carrier.
5. In the event that You breach Your obligation to accept the Goods, except in cases under Art. VI.4. of the Terms, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that You do not accept the Goods does not constitute withdrawal from the Contract between Us and You. However, in such a case We are entitled to withdraw from the Contract due to Your material breach of the Contract. If we decide to exercise this right, the withdrawal becomes effective on the day we deliver this withdrawal to You. Withdrawal from the Contract does not affect the claim for payment of the Delivery Price, or the claim for compensation for damage, if it has arisen.
6. If, for reasons arising on Your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is Your obligation to reimburse Us for the costs associated with such repeated delivery. Payment details for payment of these costs will be sent to Your e-mail address stated in the Contract and are due within 14 days from delivery of the e-mail.
7. The risk of damage to the Goods passes to You at the moment You take delivery of them. If You do not take delivery of the Goods, except in cases under Art. VI.4 of the Terms, the risk of damage to the Goods passes to You at the moment You had the opportunity to take delivery of them, but delivery did not take place for reasons on Your part. The transfer of the risk of damage to the Goods means that from that moment You bear all consequences associated with loss, destruction, damage or any depreciation of the Goods.
8. If the Goods were not stated as in stock in the E-shop and an indicative availability time was stated, we will always inform You in the event of:
a) an extraordinary production outage of the Goods, and we will always provide You with a new expected availability time or information that it will not be possible to deliver the Goods;
b) a delay in delivery of the Goods from Our supplier, and we will always provide You with a new expected delivery time.
9. If we are not able to deliver the Goods to You even within 30 days after the expiry of the delivery time stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. We warrant that at the time the risk of damage to the Goods passes under Art. VI.7 of the Terms, the Goods are free from defects, in particular that:
a) they have the characteristics agreed with You, and if not expressly agreed, then those stated in the description of the Goods, or such as can be expected with regard to the nature of the Goods;
b) they are suitable for the purposes stated by Us or for purposes usual for Goods of this type;
c) they correspond in quality or design to the agreed sample, if the quality or design was determined according to a sample;
d) they are in the corresponding quantity and weight;
e) they meet the requirements imposed by legal regulations;
f) they are not encumbered by third-party rights.
2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular 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, as amended).
3. If the Goods have a defect, in particular if any of the conditions under Art. VII.1, is not met, You may notify Us of such defect and exercise rights arising from defective performance (i.e. make a claim regarding the Goods) by sending an e-mail or letter to Our addresses stated in Our identification details. For making a claim, You may also use the template form provided by Us, which forms Appendix No. 1 to the Terms. When exercising rights arising from defective performance, You must choose how You want the defect to be resolved, and You may not subsequently change this choice without Our consent, except in cases under Art. 7.4. We will handle the claim in accordance with the right arising from defective performance exercised by You. If You do not choose a method of resolving the defect, You have the rights stated in Art. 7.5 also in situations where the defective performance constituted a material breach of the Contract.
4. If the defective performance is a material breach of the Contract, You have the following rights:
a) removal of the defect by delivery of new defect-free Goods or delivery of the missing part of the Goods;
b) removal of the defect by repair of the Goods;
c) a reasonable discount from the Price;
d) withdrawal from the Contract.
If You choose resolution under points a) or b) and We do not remedy the defect in a reasonable period stated by Us, or We inform You that We will not remedy the defect in this way at all, You have the rights under points c) and d) even if You did not originally request them in the claim. At the same time, if You choose removal of the defect by repair and We find that the defect is irreparable, we will notify You and You may choose another method of removing the defect.
5. If the defective performance is a non-material breach of the Contract, You have the following rights:
a) removal of the defect by delivery of new defect-free Goods or delivery of the missing part of the Goods;
b) removal of the defect by repair of the Goods;
c) a reasonable discount from the Price.
However, if we do not remedy the defect in time or we refuse to remedy it, You are entitled to withdraw from the Contract. You may also withdraw if You cannot properly use the Goods due to repeated occurrence of defects after repair of the Goods or due to a greater number of defects of the Goods.
6. In the event of a material or non-material breach, You cannot withdraw from the Contract or request delivery of a new item if You cannot return the Goods in the condition in which You received them. This does not apply in the following cases:
a) a change in the condition of the Goods occurred as a result of inspection for the purpose of detecting the defect;
b) the Goods were used before the defect was discovered;
c) the impossibility of returning the Goods in unchanged condition was not caused by Your act or omission,
d) before the defect was discovered, You sold, consumed or altered the Goods during normal use; however, if this occurred only in part, it is Your obligation to return the part of the Goods that can be returned and in such a case You will not be refunded the part of the Price corresponding to Your benefit from using the part of the Goods.
7. Within 3 days from receipt of the claim, we will confirm by e-mail that we have received the claim, when we received it, and the estimated time for handling the claim. We will handle the claim without undue delay, no later than within 30 days from its receipt. The time limit may be extended by our mutual agreement. If the time limit expires without result, You may withdraw from the Contract.
8. We will inform You of the handling of the claim by e-mail. If the claim is justified, You are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g. by receipts or confirmations of delivery costs. If the defect was remedied by delivery of new Goods, it is Your obligation to return the original Goods to Us; however, You bear the costs of such return.
9. If You are an entrepreneur, it is Your obligation to notify and claim the defect without undue delay after You could have discovered it, but no later than within three days from receipt of the Goods.
10. If You are a consumer, You are entitled to exercise rights arising from defective performance regarding a defect that occurs in consumer Goods within 2 months from receipt of the Goods.
11. Provisions regarding rights arising from defects do not apply in the case of:
a) Goods sold at a lower Price, for a defect for which the lower Price was agreed;
b) wear and tear of the Goods caused by their normal use;
c) used Goods, for a defect corresponding to the level of use or wear and tear the Goods had when You received them;
d) where it follows from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from the beginning, may occur for the reasons and in the ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
2. If You are a consumer, i.e. a person purchasing Goods outside the scope of Your business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving reasons within 14 days from the day of delivery of the Goods. If we have concluded a Contract the subject of which is several types of Goods or delivery of several parts of the Goods, this period starts only on the day of delivery of the last part of the Goods, and if we have concluded a Contract under which we will supply Goods to You regularly and repeatedly, it starts on the day of delivery of the first delivery. You may withdraw from the Contract in any provable manner (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). For withdrawal, You may also use the template form provided by Us, which forms Appendix No. 2 to the Terms.
3. However, even as a consumer You cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations of the financial market independent of Our will and may occur during the withdrawal period;
b) delivery of alcoholic beverages which may be delivered only after thirty days and whose Price depends on financial market fluctuations independent of Our will;
c) Goods modified according to Your request or for Your person;
d) Goods subject to rapid deterioration and Goods that, after delivery, have been irreversibly mixed with other goods;
e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;
f) delivery of audio or video recordings or computer programs, if the original packaging has been broken;
g) delivery of newspapers, periodicals or magazines;
h) delivery of digital content not supplied on a tangible medium, if it was supplied with Your prior express consent before the expiry of the withdrawal period and We informed You that You do not have the right to withdraw from the Contract.
4. The period for withdrawal under Art. VIII.2 Terms is deemed to be observed if You send Us, within its course, a notice that You are withdrawing from the Contract.
5. In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the withdrawal from the Contract. However, the amount will not be refunded before You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
6. In the event of withdrawal from the Contract under Art. VIII.2 of the Terms, You are obliged to send the Goods to Us within 14 days from withdrawal and You bear the costs associated with returning the Goods to Us. You, on the other hand, are entitled to have Us refund the Delivery Price, but only in an amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Contract, we also bear the costs associated with returning the Goods to Us, but again only up to the amount of the Delivery Price in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of delivery of the Goods.
7. You are liable to Us for damage in cases where the Goods are damaged as a result of Your handling of them in a manner other than necessary with regard to their nature and characteristics. In such a case, we will invoice You for the damage after the Goods are returned to Us, and the due date of the invoiced amount is 14 days. If we have not yet refunded the Price to You, we are entitled to set off the receivable arising from costs against Your receivable for the refund of the Price.
8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to You if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the expiry of the period stated in Art. VI.9. of the Terms. We may also withdraw from the Contract if it is apparent that You intentionally provided incorrect information in the Order. If You purchase the Goods within the scope of Your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
IX. CONSUMER DISPUTE RESOLUTION
1. We are not bound, in relation to buyers, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
2. We handle consumer complaints via the electronic address rajaboxingczech@gmail.com. Information about the handling of the complaint will be sent to the buyer’s electronic address.
3. The competent authority for out-of-court resolution of consumer disputes arising from the Contract is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website address: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer who is a consumer, arising from a purchase contract concluded by electronic means.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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 (the Regulation on online dispute resolution for consumer disputes).
X. FINAL PROVISIONS
1. If Our and Your legal relationship contains an international element (for example, we will ship goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if You are consumers, this agreement does not affect Your rights arising from legal regulations.
2. We will deliver all written correspondence to You by e-mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to Your e-mail address stated in the Contract, in the User Account, or from which You contacted Us.
3. The Contract may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; such change will not affect Contracts already concluded, but only Contracts that will be concluded after the effective date of such change. We will inform You of the change only if You have created a User Account (so that You have this information in the event You order new Goods; the change does not give rise to a right of termination, as we do not have a Contract that could be terminated), or if, under the Contract, we are to supply Goods to You regularly and repeatedly. We will send information about the change to Your e-mail address at least 14 days before the effective date of the change. If we do not receive from You, within 14 days from sending the information about the change, a notice of termination of the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effective date of the change. The notice period in the event You give notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
5. Appendices to the Terms include a template claim form and a template withdrawal form.
6. The Contract, including the Terms, is archived by Us in electronic form, but is not accessible to You. However, You will always receive these Terms and the Order confirmation with an Order summary by e-mail, and therefore You will always have access to the Contract even without Our assistance. We recommend that You always save the Order confirmation and the Terms.
7. These Terms become effective on 1 October 2023.
Addressee: Pro Fight Gear s.r.o., with its registered office at Souhradská 11, Ostrava-Plesná 725 27, ID No.: 195 32 610
Submission of a claim
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At the same time, I request the issuance of a confirmation of the submission of the claim stating when I exercised this right, what the claim consists of together with my request, including the date and method of handling the claim.
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Signature:
APPENDIX NO. 2 - WITHDRAWAL FROM CONTRACT FORM
Addressee: Pro Fight Gear s.r.o., with its registered office at Souhradská 11, Ostrava-Plesná 725 27, ID No.: 195 32 610
I hereby declare that I withdraw from the Contract:
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If the buyer is a consumer, they have the right, in the event that they ordered goods via the e-shop of Pro Fight Gear s.r.o. (the “Company”) or another means of distance communication, except for the cases stated in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the day of receipt of the goods, without giving any reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the address of the Company’s premises or electronically to the e-mail stated in the template form.
If the buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than within 14 days from withdrawal from the purchase contract, the goods they received from it.
If the buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, no later than within 14 days from withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including the costs of delivery, which it received from them under the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest method of delivery of the goods offered by the Company, the Company shall return to the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to it or proves that the goods have been sent to the Company.
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