TERMS AND CONDITIONS

 

FK DUKLA FANS s.r.o. with registered office: Prague 6, Na Markvartce 898/12, postal code 160 00, with company identification number: 025 04 707, VAT number: CZ 025 04 707, entered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 219948

for the sale of goods through an online store located at the Internet address: https://www.fanshop.fkdukla.cz/

The correspondence address for the delivery of goods, complaints, documents and other documents or consignments is FK DUKLA FANS s.r.o., David Šrámek, Podbabská 5, 160 00 Prague 6.

Contact telephone number serving as a customer service line: Tel. +420 777 405 825, +420 721 758 719 (available Monday-Friday 10: 00-18: 00).

INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the company with its registered office: FK DUKLA FANS s.r.o. with its registered office in Prague 6, Na Markvartce 898/12, postal code 160 00, company identification number: 025 04 707, VAT number: CZ 025 04 707 in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 219948 (hereinafter referred to as the “Seller”) are regulated in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) ) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and person who intends to purchase goods from seller (hereinafter "buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address https://fanshop.fkdukla.cz/ (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").

1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who has their business or during their independent profession.

1.3. Provisions deviating from the terms and conditions can be agreed in the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase. The purchase agreement together with terms and conditions are drawn up in the English and Czech language. The purchase agreement can be concluded in the Czech.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

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

2.5. The seller may cancel the user account, if the buyer does not use its user account for more than 12 months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available all the time, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of hardware and software.

 

THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is informative and the seller is not obliged to purchase these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This does not limit the possibility of the seller to conclude a purchase agreement under individually agreed conditions.

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

3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer can review and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8. The buyer agrees to the use of means of distance communication when concluding the purchase agreement. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be covered by the buyer himself, and these costs do not differ from the basic rate.

 

PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of goods must be paid in the following ways:

- Cash payment at Dukla klub, Podbabská 5, 160 00 Prague 6;

- Cash on delivery at the place specified by the buyer in the order;

- online by card or transfer to the seller's account 2600820060/2010, hereinafter referred to as the "seller's account")

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated that the purchase price also includes the costs associated with the delivery of goods. 

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the order.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. The buyer can also speed up the process of sending the order by sending an e-mail confirming payment to the seller's account.

4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. The seller is a payer of value added tax. The tax document - invoice will be sent in an electronic form to the buyers e-mail address after payment of the price of the goods ordered.

 

WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw an order which was modified according to the wishes of the buyer. The supply of goods in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygienic reasons.

5.2. If it is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the order, the buyer has the right to withdraw the order in accordance with the provisions of § 1829 paragraph 1 of Act No. 89/2012 Coll., The Civil Code. , within fourteen (14) days of receipt of the goods, and in the event that the subject of the purchase agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase must be sent to the seller within the period specified in the previous sentence. To withdraw from the order, the buyer can use the form provided by the seller, which you can find attached to the terms and conditions. Withdrawal from the purchase can be sent by the buyer to the address of the seller's office or to the seller's e-mail address fanshop@fkdukla.cz

5.3. In the event of withdrawal from the order according to Article 5.2 of the Terms and Conditions, the purchase is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days. If the buyer withdraws from the purchase, the buyer is responsible for the costs associated with the return of goods to the seller, even if the goods cannot be returned by regular mail.

5.4. In case of the withdrawal of the purchase accordingly to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase by the buyer, in the same way as the seller received from the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the entrepreneur.

5.5. The seller is entitled to request compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw the order at any time. In such a case, the seller will return the purchase price to the buyer without any delay, to the account provided by the buyer.

5.7. If a gift is provided to the buyer together with the order, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase, the gift contract for such a gift loses its effect and the buyer is obliged to return given a gift.

 

TRANSPORTATION AND DELIVERY OF ORDER

6.1. In the case that the transport is contracted based on a special request of the buyer, the buyer accepts the risk and any additional costs associated with this transport.

6.2. If, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

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

6.4. When the buyer receives the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller. 

 

RIGHTS FROM DEFECTS

7.1. The rights and obligations of the contracting parties regarding the rights arising from defects  are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller responds to the buyer that the goods are free of defects at pickup. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods. 

7.4. If the defect becomes apparent within six months after takeover of goods, the goods are deemed to have been defective at the time of the takeover from the carrier.

7.5. The buyer has the right to arise a defect to the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer obtains ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. let. e) of the Civil Code.

8.3. The out-of-court settlement of consumer complaints is provided by the seller via the e-mail address fanshop@fkdukla.cz. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.

8.4. The seller is entitled to sell goods based on a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

9.1. The protection of personal data of the buyer is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.

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

9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Agreement to processing personal data in full range is not a condition that would make it impossible to conclude a purchase.

9.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller any change in his personal data.

9.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.

9.8. If the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:

9.8.1. ask the seller or processor for an explanation,

9.8.2. require the seller or processor to amend the situation thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for providing information according to the previous sentence, not exceeding the necessary costs.

SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the seller to the e-mail address of the buyer and further agrees to the sending of commercial communications by the Seller to the e-mail address of the Buyer.

10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

 

DELIVERY

11.1. It can be delivered to the buyers e-mail address specified in his user account or e-mail specified by the buyer in the order.

 

FINAL PROVISIONS

12.1. If the relationship established by the purchase contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase or terms and conditions require a written form.

12.3. The purchase including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. The appendix to the business conditions is a sample form for withdrawal from the order.

12.5. Seller's contact details: delivery address: FK DUKLA FANS s.r.o., Podbabská 5, 160 00 Prague 6, e-mail address: fanshop@fkdukla.cz, telephone +420 721 758 719.

 

In Prague on November 1, 2020

 

Version of terms and conditions: 3.00