Terms and Conditions
The seller is a natural person Martin Černý
With registered office at Česká Bříza 99, 33011
Identification number: 05696089
Registered in the trade register for the sale of goods through an online store located at www.armycast.cz
1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the natural person Martin Černý, Česká Bříza 99, 33011, ID 05696089 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.armycast.cz, via the website interface (hereinafter referred to as the "store web interface").
1.2. The terms and 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, when ordering goods, acts as part of his business activity or as part of his independent profession.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.
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 effective period of the previous version of the terms and conditions.
2. User account
2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (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 enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case 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 and acknowledges that the seller is not responsible for the buyer's breach of this obligation.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the purchase contract
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 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 the individual goods offered. The prices of the offered goods are listed as final. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the 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 out the order form in the web interface of the store. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Confirm 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. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.8. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller.
3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.
4. Price of goods and terms of payment
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash at the seller's premises at Česká Bříza 99, 33011, Třemošná
- by non-cash transfer to the seller's account in CZK 2114176548/2700, held at Unicredit, a.s. (hereinafter referred to as "seller's account")
- cashless via the Paypal payment system
- cashless by credit card
The methods mentioned above are valid for customers from the Czech Republic.
For customers from abroad, payment via the Paypal payment system is reserved,
or payment by transfer:
-- by non-cash transfer to the seller's account in EUR 8272924000/2700, IBAN CZ1427000000008272924000, held at Unicredit, a.s. (hereinafter referred to as "seller's account")
4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or other similar payment from the buyer.
4.4. In the case of payment in cash or cash 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 14 days from the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
4.6. The "Seller" sends the goods by registered mail within 5 working days after crediting the full amount for the order, including postage and packaging, to the "Seller's" account
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document - the seller issues the invoice to the buyer after confirming the order or after paying the price of the goods and sends it in electronic form to the buyer's electronic address and then in paper form with the goods.
5. Withdrawal from the purchase contract
5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.
5.2. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of § 1829, paragraph 1 of the Civil Code from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's premises or the seller's e-mail address armycast@seznam.cz
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract in an intact condition. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the contract according 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 contract, but not before the buyer returns the goods to him or proves that he sent the goods to the entrepreneur, in the same way , as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by 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 to him or proves that he sent the goods to the entrepreneur.
5.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer, if it has already been paid without undue delay, by cashless transfer to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
6. Transport and delivery of goods
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, 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 was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
7.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. is the goods in the corresponding quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
7.5. Rights from defective performance are applied by the buyer to the seller at the email address armycast@seznam.cz or at the address of his establishment Česká Bříza 99,33011, Třemošná, where complaints can be accepted with regard to the range of goods sold. The moment when the buyer, who pointed out the defect to the seller without undue delay, presented the claimed goods to the seller is considered the moment of making a complaint.
7.6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. Missing this deadline is considered a material breach of contract.
7.7. Additional rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's complaint procedure if a more detailed complaint procedure is issued.
8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods, but the risk of damage to the goods passes to the buyer upon acceptance of the goods by the buyer.
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 paragraph 1 letter e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is provided by the seller via the email address armycast@seznam.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. The consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services (hereinafter referred to as a "consumer dispute"). The subject of out-of-court settlement of consumer disputes within the meaning of the Consumer Protection Act is the Czech Trade Inspection, contact: http://www.coi.cz/mimosoudni-reseni-sporu-s-coi-od-1.2.-nc1859/. The petitioner can file a proposal with the Czech Trade Inspection or an authorized entity no later than 1 year from the day on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
8.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
9. Personal protection
9.1. Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract and for the purpose of fulfilling the seller's public obligations, the seller fulfills it by means of a special document.
10. Sending commercial messages and storing cookies
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.
10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
11. Delivery
11.1. The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.
12. Final Provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
12.5. Seller's contact information: delivery address Česká Bříza 99,33011, Třemošná, email address armycast@seznam.cz, telephone +420 605 969 072
In Česká Bříza 1.1. 2022