Based in Zelená alej 1225, 570 01 Litomyšl, Czech Republic
Company number: 04034678 VAT number: CZ7256063507
For the sale of goods through an online store located at the Internet address
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") of the Spartan Warrior company with a registered office at Zelená alej 1225, 570 01 Litomyšl (hereinafter referred to as "Seller") shall apply to the contractual relations concluded in the internet store
1.2. The mailing address for delivery to the seller is Zelená alej 1225, postal code 570 01 Litomyšl, Czech Republic. The e-mail address of the seller is firstname.lastname@example.org.
The buyer is a consumer (who is a consumer in the sense of the Civil Code, any person who concludes a contract with the entrepreneur or otherwise outside the business or outside the exercise of an independent activity) or by another person (hereinafter referred to as the "buyer").
1.3. The rights and obligations of the seller and the buyer are governed by these GTC (valid on the date the order is sent by the buyer) and the Czech legal order. Legal relationships, not expressly provided for in these GTCs, are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as "GTC") and other related regulations.
RECOGNITION OF CONTRACTS
2.1. The delivery of the goods is only made on the basis of an order made by the buyer through the order form according to a valid offer of the seller, published on the website of the seller under spartanwarrior.eu. Within the meaning of Section 1740 (3), the CC excludes an order with an addendum or a deviation from the dealer's offer.
2.2. Each order must contain at least the following essential information:
(a) buyer identification data – his/her name, surname, address,
(b) e-mail address, telephone number
(c) the required quantity of goods
(d) the price
(e) the place of delivery, unless it is stated that this is the address of the buyer's domicile, including consent to shipping costs.
If the order does not contain the necessary and requested information about the buyer, the order will not be considered as a proper order and, hence, the order in that state cannot be confirmed by the seller. In such a case, the seller will contact the buyer by telephone or e-mail without undue delay in order to correct the order.
2.3. The order is delivered to the seller via electronic communication. By placing an order, buyers confirm that they have become familiar with these GBCs and agree with them. The buyer is entitled to withdraw the order within 24 hours of sending it and by e-mail to email@example.com, only if the order cancellation is delivered to the seller before the seller has sent the buyer an order confirmation.
2.4. Confirmation that the seller has received a request of purchase from the buyer will be sent to the buyer immediately (usually within 24 hours of receipt). The confirmation of receipt of the order is usually confirmation of the order itself. The order confirmation is authorized by the vendor to do so separately.
2.5. The delivery of the order to the buyer has resulted in a contract between the buyer (hereinafter referred to as "the contract"). At the same time, a valid offer of goods published on the spartanwarrior.eu website is made subject to stock depletion or loss of vendor ability to perform.
2.6. The seller is entitled not to confirm the order or part of the order in the following cases:
(a) the products are no longer manufactured
(b) the goods cannot be delivered
(c) the goods are sold out
(d) the price of the product changed due to extreme price changes created by the supplier
(e) there is another relevant reason why the seller cannot fairly confirm your order and contract performance. In the event of such a situation, the seller will contact the buyer without undue delay in order to agree on the next steps. If the buyer has already paid part of or the whole purchase price and the order has not been confirmed by the seller, the amount will be refunded, no later than 30 days after the order confirmation notice.
2.7. The buyer agrees to use remote means of communication when concluding the contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a contract (such as the cost of internet connection, the cost of telephone calls) is borne by the buyer himself.
2.8. Ownership of the goods passes to the buyer at the moment of delivery to the buyer.
DELIVERY OF GOODS
3.1. The goods are delivered to the place of delivery specified by the buyer in the order. The buyer may choose another place of delivery he has identified as his home that he would like the goods to be delivered to. In this case, the buyer shall indicate in the order form the place of delivery and the contact person authorized to take over the goods in this place. This place is considered a place to pay the purchase price, unless otherwise paid. Payment upon delivery is only available in the territory of the Czech Republic.
3.2. The seller confirms the delivery point to the buyer in the order confirmation.
3.3. The usual international delivery times are up to 14 business days. If the goods are not in stock, the delivery period may be up to 30 days, in which the buyer will be informed electronically when the order is confirmed by the seller or without undue delay after the confirmation. After the expiry of this period, the buyer may enter into another delivery period. If this contract is not concluded, the contract shall be deemed to be canceled.
3.4. The goods are delivered in the following ways:
(a) through the contractor / carrier
(b) through a postal holder (hereinafter referred to as "post")
The seller will hand over the goods to the transporter in general within 48 hours of the conclusion of the contract.
(See Section 4.3.) If a different form of payment than the COD was chosen, the buyer expressly acknowledges that when the payment method is selected by transferring to the account, this period starts running until the purchase price is credited to the seller's account. If an order is made at the time of a marketing event or in other situations, expedition time may be extended.
3.5 In the event of failure to deliver the package to the buyer at the place of delivery, the carrier shall notify the buyer and attempt to deliver the goods the next working day, or to agree (by telephone or other appropriate means) with the buyer on another delivery date. If the goods are delivered by the holder of a postal license and if the buyer is located at the place of delivery, he shall follow the delivery rules established by the postal service. Any additional costs associated with repeated attempts to deliver the goods shall be payable by the buyer to the postal service upon their request.
3.6 The goods are supplied in standard packaging by the manufacturer. Together with ordered goods, instructions are provided for product maintenance. When the goods are delivered, an invoice is sent to the buyer in pdf format with the documents of the tax document. The buyer or other person who is authorized to take over the goods to the purchaser must, by signing on the relevant document, certify that the ordered goods are properly taken over, together with all the documents mentioned.
3.7 Risk of damage to the items passes to the buyer by handing the item to a third party (the postal / transporter holder).
4.1. The price of the goods is the price stated in the current offer of the seller on spartanwarrior.eu valid on the date of sending the order to the buyer. The price becomes a binding contract.
4.2. Payment of the purchase price is possible in the following ways:
(a) cash on delivery of ordered goods by post (Czech rep. and Slovakia only)
(b) in cash, upon receipt of the goods from the contracted carrier
(c) cashless on the account of the seller maintained with ČSOB, as account number 280134547/0300 and when sending the order
(d) by payment card on the account 280134547/0300 kept with ČSOB, as, resp. In the case of credit card payment, the buyer grants the seller, after sending the order, the processing of his contact details (e-mail, telephone number) by the payment processor for the purpose of sending payment information. The payment processor is B-payment.
4.3. Payments of purchase prices made in cash are considered to have been made at the time of their crediting to the seller's account. Payments executed in cash between the seller and the buyer shall be deemed to have been made by the person empowered to do so by the seller or the worker of the postal licensee or of the contractor of the contracting carrier.
WITHDRAWAL FROM THE TREATY
5.1. The Purchaser acknowledges that under the provisions of Section 1 of the Civil Code, a contract for the supply of goods which has been adjusted according to the buyer's or his person's wish cannot, inter alia, be excluded from the contract for the delivery of goods in sealed packaging, and it cannot be returned from hygienic grounds .
5.2. In the absence of the case referred to in Article 5.1. or in other cases where the contract cannot be ruled out, the buyer has the right to withdraw from the contract in accordance with the provisions of Section 1829 (1) of the Civil Code and within 14 (fourteen) days of receipt of the goods. In the case where several types of goods or several deliveries are required, the period shall expire from the date of the last delivery of the goods. Withdrawal from the contract must be sent to the seller within the time limit specified in the previous sentence. To withdraw from the contract, the buyer may use the model form provided by the seller, which forms an annex to the GTC. Withdrawal from the contract may be made by the buyer, inter alia, to the address of the seller's office or to the e-mail address of the seller.
5.3. In case of withdrawal under Article 5.2. GTC cancels the contract from the beginning. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by their nature in the usual postal manner.
5.4. The GTC will return the seller's funds received from the buyer within 14 (fourteen) days of withdrawal from the buyer's contract in the same way as the seller received from the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods.
5.5. The right to compensation for damages arising from the goods is the seller's right to unilaterally charge the buyer with the right to repay the purchase price.
5.6. The seller is entitled to withdraw from the contract at any time so long as it is before the product is delivered to the buyer. In such a case, the seller shall return the purchase price to the purchaser without undue delay and cashless to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the contract, the donation agreement is canceled and the buyer is obliged to return the gift provided with the goods.
RIGHTS OF FAULT FULFILLMENT
6.1. The rights and obligations of the Contracting Parties in the area of rights of misconduct are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 5 to 6 of the Civil Code).
6.2. The buyer is required to inspect and take stock of the defects discovered without undue delay. Later claims about the type, amount or damage of the goods during transport may not be taken into account. Taking over the goods means taking over from the vendor, the postal license holder or the contracted carrier. The receipt of the goods is confirmed by the buyer by signing the delivery note or other relevant document. By signing at delivery, the buyer confirms that the goods have been delivered in order. If there are any apparent defects at the time of acceptance or if they do not agree with the type of goods or their quantity, these must be noted on the delivery note or other relevant document. If the goods are damaged, the buyer may refuse the takeover.
6.3. The seller is liable to the purchaser that the goods are not defective upon takeover. In particular, the seller implies to the buyer that at the time the buyer took over the goods:
6.3. 1. has the features agreed by the parties and, if such a contract is lacking, possesses the characteristics described by the seller or the manufacturer or which the buyer expects with regard to the nature of the goods and the advertising it carries out,
6.3. 2. the goods are suitable for the purpose which the seller indicates or to which the goods of this type are usually used,
6.3. 3. the quality or performance of the product is in accordance with the agreed sample or model,
6.3. 4. the goods are in the appropriate quantity, degree or weight,
6.3. 5. the goods comply with the legal requirements.
6.4. GBC does not apply to goods that have been sold at a lower price for a defect for which the price has been agreed for wear and tear of the goods due to its normal use, for used products, for a defect corresponding to the rate of use or Goods, at the time of takeover by the buyer or arising from the nature of the goods.
6.5. If it occurs within six months of the takeover, the goods are deemed to have been defective already at takeover.
6.6. 1. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the receipt of the goods if the goods are still for sale, in their original packaging, with the instructions attached to the goods or in accordance with other legal regulations which may be used (quality assurance clause - see Article 6.7. below).
6.6. 2. Upon the buyer’s request, the seller can certify to the buyer in writing to what extent and for what duration of his obligation duties apply in the event of a defective performance. The seller has the obligation to properly perform at least to the extent that the obligation of proper performance of the supplier persists. In the certificate, the company shall indicate its name, address and identification, or any other information necessary to establish its identity. If the nature of the goods is not forbidden, this certificate may be replaced by a proof of purchase of the goods containing the particulars.
6.6. 3. If the goods are not listed in Article 6.3. 1. the buyer can demand the supply of new non-defective goods if it is unfavorable by nature, but if the defect only affects parts of the goods, the buyer may only require replacement of the part; If it is not possible, the buyer can withdraw from the contract. If the buyer has the right to remove the defect free of charge, the buyer is entitled to a free removal of the defect.
6.6. 4. If the product is defective, the buyer has the right to request new parts or replace parts that can be remedied. If there are multiple defects or the defect obstructs proper use of the product, the buyer has the right to withdraw from the contract.
6.6.5. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace his part or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the vendor can not deliver new goods, replace their parts or repair goods, and if the vendor fails to remedy the defect within a reasonable time or that the retaliation would cause significant damage to the consumer.
6.6.6. The right to buyer is not applicable if the buyer knew that the goods had a defect before the goods were taken or if the buyer caused the defect himself. (A) maintenance of the goods is contrary to the maintenance instructions; or (B) mechanical damage to the goods (C) use of the goods is contrary to the instructions for use, eg. breaking, cutting, soiling, etc.
6.6.7. If the goods have a defect from which the vendor is bound and if the goods are sold at a lower price, besides the right to exchange the goods, the buyer has the right to a reasonable discount.
6.6.8. If the buyer exercises the right of defective performance, he shall confirm to his retailer no later than five (5) days from the date of receipt of the claim in written form, when the buyer has exercised the right, as well as the method of repairs and the duration of the repair. The moment when the claim is made is the moment when the seller receives the goods claimed from the buyer.
6.6. 9. By guaranteeing quality, the vendor agrees that the goods will be eligible for use for a certain period of time.
6.7. 1. Quality assurance- the vendor agrees that the goods will, for a certain period of time, be fit for normal use or that they will retain their usual characteristics. These effects also include the indication of the warranty period or the shelf life of the goods on the packaging or in advertising. Warranty can also be provided for individual parts of the goods.
6.7. 2. If the contract and the guarantee statement guarantee different warranty periods, the shortest of them shall apply. However, if a party has issued a different warranty period than that indicated on the packaging as a service life, the Parties shall take precedence.
6.7. 3. The warranty period is 24 months and runs from the buyer's purchase of the goods.
6.7. 4. The buyer is not entitled to warranty in the case of damage to the goods caused by the buyer’s external event. However, it does not apply if the seller has caused a defect
6.8.1 The buyer has the right to apply for a warranty
(a) by post, at the address of the reseller Podlažice 90, postal code 538 51 Chrast, or
(b) by e-mail address to firstname.lastname@example.org
The buyer is obliged to clearly identify the relevant contract (preferably including: the order number and day, the date of receipt of the goods) and to prove that he/she is the right person to claim the claim (preferably by document proof of ownership of goods – eg. invoice) as well as with a brief description of the defects, preferably with photo documentation.
6.8. 2. The Seller is required to provide the buyer with a written confirmation of the buyer's claim, the content of the claim and the manner in which the claim is claimed by the buyer; A confirmation of the date and method of handling the claim, including a confirmation of the repair and its duration, or a written justification of the refusal of the complaint.
6.8. 3. The seller decides on the type of warranty immediately, in complex cases within three business days. This period shall not include a period of time equivalent to the type of goods or services needed for expert judgment of the defect. Claims, including the removal of a defect, must be resolved without undue delay, no later than 30 days after the date of claim, unless the seller and the buyer agree for a longer period of time. The seller will notify the buyer in writing about the settlement of the claim within 30 days of the date of the claim.
PROTECTION OF PERSONAL DATA
7.1. The buyer gives the seller an order to send the buyer’s consent to process all filled in personal and other data in the order, in particular the name, address, identification number, tax identification number, residency address, delivery address, telephone number and e-mail address, and any other personal data.
Personal data will be processed for an indefinite period, including Spartan Warrior's business and marketing needs, including the offering of trade and services, as well as the sending of commercial communications, inter alia, by electronic means, pursuant to Act C 480/2004 Coll., On Certain Information Society Services (in particular via e-mail and SMS).
Consent is granted during the withdrawal period. The buyer acknowledges that he has the rights under Section 11 and Section 21 of Act No. 101/2000 Coll., On the Protection of Personal Data, ie that the provision of personal data is voluntary and that he has the right to access personal data. Any data subject who discovers or considers that the controller or processor is processing his or her personal data that is in conflict with the privacy or privacy of the data subject may or may be contrary to law may
(a) request the controller or processor for explanation,
(b) require the administrator or processor to remove the resulting condition; In particular, it may be blocking, repairing, adding or deleting personal information.
7.2. The seller declares that all personal data of the buyer provided to the seller will be treated as confidential and will only be used to perform a contract with the buyer and for the other purposes mentioned in the previous paragraph. The seller will not transfer any personally identifiable information of the buyer to any third party unless the transfer of personal data to third parties is necessary in connection with the distribution or payment of the ordered goods (communication of the name and address of the delivery).
7.3. The buyer has the right to control and access his / her personal data after entering a password within his / her user account, or in other ways specified by law. The buyer has the right to modify and update his / her personal information after entering a password within his / her user account. If the buyer requests in writing, the seller will terminate the processing of the purchaser's personal data and liquidate these personal data.
7.4. Spartan Warrior is a registered company in the Office for Personal Data Protection under the registration number 00073748.
8.1. If the seller does not have unavoidable irrevocable barriers preventing him from fulfilling his obligations towards the buyer, the seller has the right to withdraw from the contract without notice in writing and is obliged to immediately return the amount paid by the buyer. The seller is not liable to the buyer for non-fulfillment of the obligations of the concluded contract or for the damage caused by such non-compliance if the non-fulfillment of the obligations arises due to unforeseeable and unavoidable events that could not be avoided by the seller. The seller is not liable to the buyer for damages arising from purchasers of concluded contracts with other persons, especially for consequential and indirect damages.
8.2. The buyer declares that he has secured funds for the full payment of the price for the goods. The buyer is not entitled to assign any of his receivables from the seller to a third party. The buyer is not entitled to unilaterally count any liability to the seller with any of its receivables for the seller.
8.3. The law of the Czech Republic is applicable to the assessment of all provisions of the concluded contracts and possible disputes under this contract, and the courts of the Czech Republic are competent.
8.4. The contract between the seller and the buyer, including these GTC, is concluded in the English language.
8.5. Within the meaning of Section 1820 (1) (j) of the Commercial Code, the seller informs the buyer that the buyer may contact the inspection body, which is the Czech Trade Inspection Authority, with an out-of-court complaint. The Czech Trade Inspection Authority deals with out-of-court consumer complaints in the manner and under the conditions laid down by the relevant legislation.
8.6. The current version of these GTCs is published on the Internet and the reference to their full text contains each order form / contract. By sending an order, the buyer confirms his explicit, complete and unconditional consent to the wording of the current GTC. The seller may at any time unilaterally modify the GBC with effect from the data it specifies, and this date must not precede the date of publication of the new version on the Internet. If the contract governing the rights and obligations of the parties to the contract differs from those of these GTC, the wording of the contract shall prevail.