GENERAL TERMS AND CONDITIONS
the company FC SLOVAN LIBEREC a.s., Org. ID: 61326461, Tax ID: CZ61326461,
Address: Na Hradbách 1300/17, 460 01 Liberec 1, incorporated in the Commercial Register maintained by the Regional Court of Ústí nad Labem, section B, insert 593 (hereinafter referred to as the "Seller“)
- INTRODUCTORY PROVISIONS
1. These general terms and conditions (hereinafter referred to as the “GTC”) regulate the rights and obligations of the contracting parties , i.e. the Seller and any other natural or legal person who is a Seller’s customer (hereinafter referred to as the Customer), arising in relation with or based on Customer’s purchase of goods (fan merchandise, textile and souvenirs in particular) from the Seller’s range of products available in an on-line shop operated by the Seller on a website at the internet address: fanshop.fcslovanliberec.cz (hereinafter referred to also as the “Goods”; the on-line shop operated by the Seller on the website: fanshop.fcslovanliberec.cz further referred to as the "E-shop“).
1.2. If the Customer is a consumer, all legal relationships between the Seller and the Customer not regulated by these GTC are governed by the respective provisions of the generally binding legislation currently in force in the Czech Republic, particularly Act No. 89/2012 Coll., the Civil Code, as amended, (hereinafter referred to as the “Civil Code”) and
Act No. 634/1992 Coll.., on consumer protection as amended, (hereinafter referred to as “Consumer Protection Act“). For the purposes of the GTC, the consumer shall be a person who acts outside his own business frame or outside the frame of its independent profession by concluding the agreement, or otherwise negotiating with the Seller (hereinafter referred to as the “Consumer”). Unless specified in more details in a specific case, the Customer in these GTC shall mean both the Customer who is a consumer (hereinafter referred to as the “Customer-Consumer”) and the Customer who is not a Consumer.
1.3.If the Customer is not a Consumer, all legal relationships between the Seller and the Customer not regulated by these GTC are governed by the respective provisions of the generally binding legislation currently in force in the Czech Republic, particularly the Civil Code, except for those which relate to consumer protection.
1.4. The provisions of the GTC regulating Consumer rights only apply to Customer-Consumer and the Customer who is not a Consumer shall not be entitled to claim such rights in any event.
1.5. These GTC form an integral part of the sales contract under which the Seller sells the Goods to the Customer (hereinafter referred to as the “Contract”). By submitting an order, the Customer confirms it has read and understood the GTC in good time before concluding the Contract and that it has accepted them and is bound by them in all their entirety and in the wording published on the website of the E-shop at the moment of making the Order by the Customer.
1.6. The provision of Art.1.5 of the GTC shall be without prejudice to the right of the contracting parties to agree on stipulations deviating from the GTC, which shall then prevail.
1.7. The GTC shall be produced and the Contract concluded in the Czech language. The Seller shall retain the contractual documentation in an electronic version (unless the Contract has been concluded in another form), this being inaccessible to third parties.
1.8. The Customer expressly agrees that means of distance communication may be used for concluding the Contract; the related costs (i.e. Internet connection, phone calls etc.) shall be borne by the Customer, under the conditions which it has agreed with the providers of the respective services. The Seller shall charge the Customer no fees for the use of any such means of distance communication.
- GOODS OFFER
1.The Seller shall offer Goods for sale displayed in the E-shop.
2.2. The prices of Goods presented in the E-shop are contractual and shall always be stated including VAT in an amount according to current legislation in force and including all related fees (hereinafter collectively referred to as the “Price”). However, the Seller informs and the Customer acknowledges and agrees that the Price does not include the costs of Goods packing and delivery, which the Seller may charge additionally to the Customer depending on the method of delivery. Information on Goods packing and delivery costs are also indicated on the E-shop website.
2.3. The offer of Goods and their price remain valid as long as they are displayed on the E-shop website; this shall be without prejudice to the possibility for the Seller to conclude a Contract under individually agreed conditions. The Seller reserves the right to change the Goods offer and/or their Price on the E-shop website at its discretion and at any time.
2.4. The Seller reserves the right to change the Goods Price prior to their dispatch in exceptional cases. However, the Customer shall be informed thereof prior to Goods shipment. In the case of Customer’s consent to the change in Goods price, the Seller shall send the Customer a confirmation e-mail with new, updated data. Should the Customer
disagree with the price adjustment, it is entitled to withdraw from the Contract.
2.5. The Seller points out here that the offer of the Seller includes Goods which may be manufactured or customized upon Customer’s request or for its use (like a fan shirt or another fan item provided with Customer name and number, or those of a chosen player or another name or number of the Customer’s choice;
(hereinafter referred to as “Personalized Goods”) the purchase of which is subject to different rules than the purchase of the other Goods (see further in the text of these GTC)
2.6. The Customer acknowledges and agrees that all sale offers displayed on the E-shop website are not binding and the Seller shall be entitled, upon its discretion, not to conclude the Contract, particularly (i) with a Customer who breached any of its obligations in the past arising from a Contract with the Seller (including a breach of terms and conditions forming a part of such contract), particularly with a Customer who failed to accept ordered Goods or when (ii) a Customer ordered Goods at a Price published erroneously (as a result of an error, by mistake or due to technical difficulties related to the operation of the E-shop website). Should the Seller decide to exercise its right not to conclude the Contract in a specific case, the Customer shall be informed promptly thereof after making the order.
- PROMOTIONS, DISCOUNT VOUCHERS AND OTHER MARKETING CAMPAIGNS
1. Promotional prices, where relevant, are valid while stocks last, the number of units of promotional goods being indicated, for a specified period or Seller’s notice of the end of the respective promotion. Discounts on Goods in promotion, special offers or personal discounts, where relevant, may not be combined and added together unless stated otherwise in written form by the Seller in advance in a particular case. The Seller reserves the right to adjust or cancel discount vouchers, loyalty rebates and other similar promotions without giving reasons.
3.2.When submitting an order, the Customer may enter a discount code provided by the Seller in accordance with its rules. Unless the Seller states otherwise in a particular case, the discount code may not be (i) used repeatedly, (ii) combined with other discounts, (iii) used for discounted Goods or Goods on sale.
3.3. Should the Customer withdraw from the Contract or return, for another reason, Goods purchased with a discount voucher, the Customer shall only be entitled to a refund in an amount of the actually paid price for the Goods in the given case. At the same time, the Seller may decide whether or not to issue the Customer with a new discount voucher (in what amount).
3.4. Should the Customer fail to use the discount voucher within the period of its validity, it shall not be entitled to claim
any compensation from the Seller.
3.5. No warranty applies to gifts provided by the Seller free of charge and no rights from liability for defects may be exercised in connection therewith.
3.6. Should the Customer use a marketing bulk promotion run by the Seller within which the Customer may, additionally to the (main) Goods purchased, obtain secondary Goods at a discounted price or entirely free of charge (like promotion “buy one, get one free”, “buy two, get one free”, free gift with certain amount spent on a purchase , free gift with purchase of certain Goods, buy one, get one at half Price, etc.), no rights from liability for defects may be exercised in connection with such secondary Goods (i.e. Goods provided free of charge or at a promotional discount) and the Seller provides no guarantee in respect of such secondary Goods (should the Customer wish to be supplied such Goods including the guarantee or rights from liability for defects, it shall be liable to pay the full price for the Goods). If the Customer withdraws from the Contract or returns, for any other reason, Goods purchased under such promotional bulk offer, the Customer shall be liable to return to the Seller both the main Goods and all secondary Goods obtained from the Seller, that all in the condition under article 10.6. of these GTC.
- ORDERING GOODS
1.The offer of Goods published on the E-shop website shall not constitute a contract proposal.
4.2. The Customer acknowledges that an order of the Goods made by the Customer (hereinafter referred to as the “Order”) shall be considered as a Contract proposal.
4.3. The Customer places an Order primarily via the E-shop, where the Customer can check and correct input errors before submitting the Order. At the E-shop the Customer places an Order, i.e. Completes and submits an order form, (i) through its user account based on its
prior registration on the E-shop website (hereinafter referred to as the “User Account”) and/or (ii) directly without prior registration, through the E-shop web interface.
4.4. The order can also be placed by any of the following methods:
4.4.1. by e-mail sent to the e-mail address email@example.com
4.4.2. sending and Order by post mail to the address of the Seller’s place of business.
4.5. The Customer acknowledges and agrees that all of its Orders (irrespectively of the method of ordering) are binding and by placing an Order the Customer undertakes to pay the Price of the ordered Goods and to accept it.
4.6. When not placing an order through the E-shop, the Customer shall indicate the following information in its Order:
4.6.1. In the case of a Customer-Consumer –name and surname, place of residence, e-mail address and the phone number, where relevant;
4.6.2. In the case of a Customer who is not a Consumer- company name, registered address, Organization ID, Tax ID - where relevant, e-mail address, telephone or fax number;
4.6.3. name of the ordered Goods and its closer description (particularly where the Goods are sold in more variants or sizes);
4.6.4. quantity of the ordered Goods;
4.6.5. shipping address (when different from the address of residence/registered address) – when not stated, the Goods will be shipped to the address of residence/registered address;
4.6.6. date of Goods delivery, where the Customer and the Seller agree in deviation from these GTC;
4.6.7. Name, surname and signature of the person authorized to act on behalf of the Customer, Customer’s stamp, were relevant (if the Order form permits it);
4.6.8. Name and surname of the contact person (if not stated, it shall be deemed that the person authorized to accept the supplied Goods is the Customer or any of its employees).
4.7. An Order with missing details indicated under the article above shall be considered as incomplete. In such case, the Seller shall attempt to contact the Customer and ask it to correct deficiencies in the Order. Once the Order is considered as complete, the Customer shall receive an e-mail from the Seller confirming the completeness of the Order.
4.8. When placing an Order, or registering a User Account, all data indicated by the Buyer must be true and correct. In the case of any change, the Customer is liable to update User Account data accordingly without delay. All data stated by the Customer in connection with the User Account and/or placing an Order shall be considered as true, up-to-date and correct by the Seller.
1.Under the contract, the Seller undertakes, besides other, to supply the Customer with the Goods which are the subject of the sale and enable the Customer to acquire ownership rights to the Goods, the Customer undertakes, besides other, to take over the Goods and to pay the Price for it to the Seller.
5.2. The contract between the Seller and the Customer shall be concluded:
5.2.1. In the case of an Order placed through the E-shop, over the phone or by e-mail, at the moment when the Customer receives an e-mail Order confirmation from the Seller (this e-mail confirmation shall include a copy of the GTC);
5.2.2. In the case of a personal Order, at the moment when the Seller has confirmed such Order in written form.
5.3. The Seller reserves the right to require additional confirmation of the Order by the Customer; in such case, the Contract shall be concluded at the moment when the additional confirmation has been obtained from the Customer. Should the Customer fail to additionally confirm the Order within 2 working days from the request of the Seller, the Seller shall cancel the Order automatically and the Contract shall not be concluded.
- USER ACCOUNT
1.User Account access is controlled by a user name and password. The Customer shall be obliged to keep confidential the information necessary to access its User Account.
6.2. The Customer is not entitled to make the User Account available for use to third parties.
6.3. The Seller reserves the right to cancel the User Account of the Customer, particularly in the case of its not using the User Account for a period of more than 3 years or in the case of its breaching of any of the obligations with respect to the User Account or arising from any contract concluded with the Seller (including the Terms and Conditions forming an integral part thereof).
6.4. The Customer acknowledges and agrees that the User Account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller or of third parties.
6.5. In no event shall the Seller be liable for any damage incurred by the Customer as a result of its failure to meet any of its obligations under this article 6 of the GTC.
- DELIVERY TERMS
1. When creating an Order, the Customer shall choose the method of Goods delivery from the options provided by the Seller.
7.2. The Customer shall be liable to take over the supplied Goods. The Goods purchased through the E-shop may be delivered to the Customer in any of the following ways:
7.2.1. Personal collection at the Seller’s place of business; or
7.2.2. C.O.D. by the company Geis Parcel CZ s.r.o., Organization ID: 63077051 (hereinafter referred to as ”Geis Parcel“) –this method of delivery can only be used for delivering the Goods within the Czech Republic;
7.2.3. Shipped by the company Geis Parcel to an address in the Czech Republic or Slovakia indicated by the Customer - in such case advance payment for the Goods is required;
7.2.4. Using the service of Geis Point provided by the company Geis Parcel, the ordered Goods is delivered to a delivery point selected by the Customer during ordering - in such case advance payment for the Goods is required;
7.2.5. Shipped by the Czech Post (Česká pošta, s.p., Organization ID: 47114983) to an address abroad indicated by the Customer - in such case advance payment for the Goods is required.
7.3. The delivery period is based primarily on the availability of the particular Goods presented in the E-shop. The Goods which are in stock with the Seller is usually shipped within 1-3 working days from receiving the Order or payment (should the option of advance payment be selected or required), the normal period of Goods transit to the Customer is 1-2 working days. As far as the Goods that are not in stock with the Seller, the dispatching time and subsequent delivery of the Goods shall be extended depending on the data of Goods availability. The Customer shall be informed of the Goods dispatch by an e-mail.
7.4. If the purchased Goods cannot be supplied within the indicated delivery period, the Seller shall inform the Customer of this fact without delay proposing an alternative date of delivery for the ordered Goods, or offer alternative Goods (comparable) to the Customer. In such case, the Customer shall be entitled to refuse the alternative date of delivery or alternative Goods and withdraw from the Contract instead.
7.5. The Seller shall be informed by the Customer in a documented and timely manner of a change in the ordered Goods place of delivery or contact person. In no event shall the Seller be responsible for any damage incurred as a result of improper or delayed delivery of the Goods, provided such delivery of the Goods was on account of the Customer having failed to meet this obligation.
7.6. If, for reasons on Customer’s side, the Goods must be delivered repeatedly or in a way different from that chosen by the Customer in the Order, the Customer shall be liable to cover all costs related to such delivery.
7.7. If the Customer chooses the option of collecting the Goods at the Seller’s place of business, it will be informed by the Seller as soon as the Goods are prepared for collection. In the case of personal collection, the Customer is liable to check the received Goods and its completeness, and to notify the Seller of identified deficiencies, where relevant. Should the Customer fail to collect the Goods ordered for personal collection within 14 days from the day on which a notice was delivered to the Customer’s e-mail address announcing that the Goods are ready for collection and unless the Customer agrees otherwise with the Seller in the particular case, the Seller shall cancel the Customer’s Order without further notice.
7.8. The Customer shall be liable to check the condition of the delivery on receiving the Goods from the carrier (integrity of the consignment packaging, number of parcels in particular) and in the event of any defects whatsoever, to immediately inform the carrier of this. If the packaging shows the signs of tampering indicating unauthorized opening of the consignment, the Customer shall not be liable to take the delivery over from the carrier. By signing the delivery note, the Customer confirms that the consignment complies with all conditions and formalities and any later complaint concerning the damaged packaging may not be taken into account. The Customer shall be liable to check the contents of the delivery immediately upon its acceptance from the carrier and to inform the Seller of any discrepancies (damaged Goods, missing Goods or erroneously sent items).
- PAYMENT FOR GOODS
1. When creating an Order, the Customer shall choose the method of payment from the options provided by the Seller. The Seller shall not ask the Buyer for a deposit or another similar payment. Where justified, the Seller requires advance payment for the Goods.
8.2.The Customer acknowledges and agrees that in the case of delivery of the purchased Goods at the place specified by the Customer, the Customer shall be liable to reimburse the Seller for the costs of packing and delivering the Goods at the specified place together with the Price for the Goods; the amount of these costs is determined based on the prices stated on the website of the E-shop as of the date of Order. Unless stipulated expressly otherwise, the Price shall include the costs of packing and delivering the Goods.
8.3. The Price for the Goods can be paid:
8.3.1. In cash or by payment card at the Seller’s place of business on the collection of the Goods; or
8.3.2. in cash or by payment card to the carrier in the case of C.O.D.; or
8.3.3. via a cashless transfer to the bank account of the Seller:. 2901098876/2010 for the Czech Republic and no. 2901458843 / 8330 for Slovakia – if the Customer selects this method of payment and if the funds corresponding to the Price for the Goods ordered by the Customer are not credited to the bank account of the Seller within 7 working days from creating the Order, the Seller shall cancel the Customer’s Order without further notice or
8.3.4. cashless payment by payment card via the Internet (in such case, the settlement conditions of the respective bank and/or operator of the respective payment card apply); or
8.3.5. through the PayPal service (in such case the settlement takes place under the terms and conditions of the PayPal service operator) - this method of payment for the Goods can only be selected if the Goods is to be delivered abroad, and if the payment is made under sub-par. 8.3.3, 8.3.4. or 8.3.5 of these GTC, the Goods shall be dispatched by the Seller only after the payment has been credited to its bank account.
8.3.6 Out-of-court complaints of consumers shall be handled by the Seller at the electronic address of the Seller The Buyer shall be notified of the status of their complaint by an e-mail sent to the electronic address of the Buyer.
If there is a consumer dispute between the Seller and the Consumer arising from the purchase contract or service contract that cannot be settled by mutual agreement, the Consumer may file a petition for out-of-court settlement of such dispute to the entity designated for out-of-court settlement of consumer disputes such as
The Czech Trade Inspection Authority
Central Inspectorate - ADR department
Štěpánská 15, 120 00 Praha 2
Email: firstname.lastname@example.org Web: adr.coi.cz
A consumer may also use a platform for dispute settlement established by the European Commission on the internet addresshttp://ec.europa.eu/consumers/odr/.
8.4. The Seller informs that the Customer who did not accept the Goods ordered to be sent C.O.D. or who did not pay the Price for the Goods in the past shall be asked for advance payment at each subsequent Order, and the ordered Goods shall be shipped only after the entire Price for the Goods has been paid to the Seller (i.e. After the payment has been credited to the bank account of the Seller or has been paid at the Seller’s place of business). In such case, if the Price for the ordered Goods fails to be paid by the Customer within 15 days from the Order creation date, the Customer’s Order shall be cancelled automatically and the Contract shall be annulled without further notice.
8.5. The Seller further reserves the right to ask the Customer who has overdue debts to the Seller or who had such debts in the past to pay in cash at the handover of the Goods or to pay in advance by bank transfer to the bank account of the Seller. If the Customer refuses to accept this condition, the Seller reserves the right to deliver the ordered Goods to the Customer only after all Customer’s debts owed to the Seller have been paid up and such a practice cannot be regarded as a delay on the part of the Seller to deliver the Goods or as a breach of any other of its obligations.
8.6. The Seller further notes that if the Customer orders personalized Goods, the Seller shall ask the Price for such personalized Goods to be paid in advance. The manufacture of the ordered personalized goods shall start only after the Price for the personalized Goods has been paid in full to the Seller (i.e. Paid at the Seller’s place of business or credited to the bank account of the Seller). If the Price for the ordered personalized Goods is not paid within 15 days from the Order creation date by the Customer, the Seller shall cancel the Customer’s Order automatically and the Contract shall be annulled without further notice.
8.7. Where the Price is paid by cashless transfer, the Customer shall always be liable to state an order number as a variable symbol. In such case, the Price shall be regarded as paid at the moment at which the corresponding funds are credited to the Seller’s account. If the Customer fails to indicate a variable symbol or when it is incorrect, the Seller shall be entitled to suspend the dispatch of the Goods until the Customer’s payment is clearly identified and such suspension of the Goods dispatch cannot be regarded in any ways as a delay on the part of the Seller to deliver the Goods or as a breach of any other of its obligations.
8.8. Tax document - invoice and other documents shall be supplied to the Customer together with the Goods or sent to its e-mail address after the Price for the Goods has been paid in full.
8.9. If the Sell and the Customer agree that the Price for the Goods shall be paid based on an invoice issued by the Seller, the Price shall be payable within 7 days from the delivery of the Goods to the Customer or by the due date specified in the issued invoice (whichever is later).
8.10. The Customer is entitled to return the tax document (i.e. to deliver it provably to the Seller) by the due date if the tax document contains incorrect price data or if any of its essential legal features are missing. Returning the tax document, the Customer is obliged to specify in written form defects which the tax document shows in its opinion. If the tax document is truly erroneous, the Seller shall issue the Customer with a new tax document. This shall be without prejudice to the Customer’s obligation to pay the Price on the due date stated in the original tax document, unless the error in the tax document consists in an incorrectly determined Price (in such case the period for payment shall begin to run on the day on which the corrected tax document is delivered to the Customer).
8.11. When the Customer is in delay with the payment of the Price (or its part), the Customer shall lose its entitlement to discounts provided to it by the Seller; at the same time, the Customer shall be liable to pay a contractual penalty of 0.05 % of the amount due for each day of the delay.
8.12. The Seller shall be liable to issue a receipt to the Customer and register received payment on-line at the Financial Authority. In the case of a technical failure this must be done within 48 hours at the latest. The Customer agrees to receive a tax document in an electronic form.
- REPLACEMENT OF GOODS
1.The Seller offers the Customer a possibility of purchased Goods replacement in the case of a mistaken choice (like incorrect size, etc.), provided the newly requested goods are available in stock with the Seller. However, the purchased Goods returned to the Seller must be undamaged and unused,
complete, not worn, unwashed and of the same size, in original packaging including all identification tags together with the tax document - invoice.
9.2. The Goods damaged during its transport back to the Seller due to the selection of unsuitable packaging by the Customer cannot be replaced.
9.3. All costs related to such replacement of the Goods shall be borne by the Customer in full.
- WITHDRAWAL FROM THE CONTRACT
1.The Seller shall be entitled to withdraw from the Contract if:
10.1.1.The Customer is in delay with the payment of the Price and fails to remedy the situation even in an additional period of 7 days from the day on which the Customer was called upon to do so by the Seller (this arrangement shall apply unless another stipulation of these GTC connects
the failure to pay for the Goods with the cancellation of the Contract ); and/or
10.1.2. The Customer is in delay with the takeover of the Goods and fails to remedy the situation even in an additional period of 7 days from the day on which the Customer was called upon to do so by the Seller; and/or
10.1.3. in the event of an exceptional situation when the Seller is unable to supply the ordered Goods under agreed terms and conditions for reasons on the part of third parties or due to force majeure; and/or
10.1.4. In the period between the conclusion of the Contract and the date of actual shipping of the ordered Goods there have been significant changes in prices of the ordered Goods supplier and/or prices of Goods shipping and/or the Seller finds out that the Goods was offered for an erroneous price by mistake and the Customer did not accept the corresponding change in the Contract (i.e. higher Price for the Goods or shipping price
10.2. The Customer shall be entitled to withdraw from the Contract if the Seller is in delay with the delivery of the Goods and fails to remedy this situations even in an additional period of 15 days from the day on which the Seller was called upon to do so by the Customer.
10.3. The arrangement under articles 10.1. and 10.2. shall be without prejudice to the possibility of the Contracting Parties to withdraw from the Contract on the grounds of legal regulations or another provision of the GTC. In no event shall the Customer who is not a Consumer be entitled to withdraw from the Contract exclusively for the reason for which this withdrawal is allowed to the Consumer by legal regulations.
10.4. Unless law or the GTC provide otherwise in a particular case, each withdrawal from the Contract must have a written form and the reason for withdrawal must be stated therein, the written declaration of intention to withdraw from the Contract must be delivered to the other Party by means of a registered letter with acknowledgement of receipt or by e-mail. The Contract shall be cancelled from the beginning at the moment when the declaration of intention to withdraw from the Contract is delivered to the other Contracting Party.
10.5. The Seller informs and the Customer acknowledges and agrees that if the Customer withdraws from the Contract without legal ground (unjustifiably) and still returns the purchased Goods to the Seller, the Seller shall refuse to accept the consignment containing the returned Goods, or it will be returned to the Customer at the costs of the Customer; if the attempt to return the consignment to the Customer fails, the Seller shall dispose of the Goods upon its discretion without reimbursement of the Customer for the funds paid in connection with the purchase of the Goods to the Seller.
10.6. If the Customer decides to exercise its right to withdraw from the Contract on legal ground (justifiably), the Customer shall be liable to return the purchased Goods to the Seller undamaged, unused, complete, not worn, in original packaging, if possible, including all identification tags, unwashed and of the same size within 14 days from the date of withdrawal from the Contract at the latest. The Customer acknowledges and agrees that if the Customer returns the Goods to the Seller incomplete or apparently used or damaged, the Seller shall be entitled to financial compensation to be paid by the Customer for decrease in value of the Goods; the Seller is entitled to unilaterally set off this right to compensation against the Customer’s right to a refund of the purchase Price. In such case, the Seller shall return funds in the corresponding amount to the Customer. The Customer further acknowledges and agrees that if the Goods cannot be returned or if the returned Goods cannot be resold (like due to damage or extensive destruction) the Seller’s claim for financial compensation for decrease in value of the Goods may even reach an amount equal to the full Price of the Goods.
10.7. The Seller further notes and the Customer acknowledges that the contracts mentioned under Sec. 1837 of the Czech Civil Code cannot be withdrawn from, particularly the Customer cannot withdraw from the Contract for the sale of personalized merchandise (however, this shall be without prejudice to the Customer’s rights from Seller’s liability for defects in the personalized merchandise).
- WITHDRAWAL FROM THE CONTRACT WITHOUT GIVING REASONS
1. Except for cases stated above under article 10.7 of The GTC, the Customer-Consumer shall be entitled to withdraw from the Contract without giving reasons within a period of 14 days (i) from the day on which the purchased Goods was received; or (ii) where the subject-matter of the Contract consists of several kinds of Goods or delivery of several parts, from the day on which the last delivery of the Goods was received.
11.2.Such withdrawal from the Contract must be provably delivered to the Seller within a period specified under article 11.1 above of the GTC in written form at the address of the Seller’s place of business or electronically at the e-mail address email@example.com, the period for this withdrawal is regarded as complied with when the Customer-Consumer has sent a notice to the Seller of withdrawal without giving reasons. For the purposes of this withdrawal from the Contract, the Customer - Consumer may use the form appended to these GTC.
11.3. In the case of withdrawal without giving reasons, the Customer-Consumer shall be liable to return the purchased Goods to the Seller at the costs of the Customer within 14 days from the Customer-Consumer withdrawal from the Contract at the latest (i) personally at the address of the Seller’s place of business, or (ii) by sending them at the address of the Seller’s place of business (by registered mail and not sent C.O.D.). The Customer-Consumer shall bear the costs of returning the Goods provided they cannot be returned in the usual manner by post due to their nature.
11.4. In the case of withdrawal without giving reasons, the Seller shall reimburse the Customer-Consumer for the Price within 14 days from the withdrawal at the latest. However, the Seller shall not be liable to return the received funds to the Customer-Consumer before the Customer-Consumer has returned the Goods or shows that the Goods has been dispatched to the Seller. In the case of withdrawal without giving reasons
the Seller shall reimburse the Customer-Consumer also for additionally charged costs of Goods delivery, nevertheless, if the Customer - Consumer has chosen a method other than the cheapest method of Goods delivery offered by the Seller, the Seller shall refund to the Customer-Consumer the cost of Goods delivery corresponding to the cheapest method of delivery offered.
11.5. The Customer-Consumer shall be liable to the Seller for decrease in the value of Goods due to handling of the Goods in a manner other than that which is necessary with regard to getting acquainted with their nature and properties, including their functionality. The article 10.6 of the GTC shall apply mutatis mutandis to the rest. GTC.
- CUSTOMER’S RIGHTS FROM SELLER’S LIABILITY FOR DEFECTS
1.Liability of the Seller for defects in Goods which become apparent as a lack of conformity following the takeover of the purchased Goods shall be governed by the respective provisions of the Civil Code and of the Consumer Protection Act (in the case of the Customer-Consumer).
12.2. The Seller shall be liable to the Customer for the conformity of the Goods at their takeover, supply of other Goods shall be considered as a defect. In particular, the Seller shall be liable to the Buyer that, at the time of takeover, the Goods:
12.2.1. have characteristics that the Parties have agreed upon, or characteristics as the Seller has described or which the Customer expects with regard to the nature of the Goods and based on the advertising made by the Seller;
12.2.2. the Goods are fit for the purpose which the Seller indicates or to which Goods of this type are normally used;
12.2.3. the Goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original;
12.2.4. the goods are in the appropriate quantity, measure or weight; and
12.2.5. The goods comply with the requirements of the legislation.
12.3. The provisions of Article12.2 of the GTC do not apply (i) to Goods sold at a lower Price for a defect for which a lower Price has been agreed upon, (ii) for the wear and tear due to its normal use, (iii) in the case of used goods for a defect corresponding to the extent of use or wear and tear which the Goods had when received by the Customer, or (iv) if it results from the nature of the Goods.
12.4. Rights of the Customer arising from Seller’s liability for defects in Goods, including guaranteed liability of the Seller, shall be claimed by the Customer at the address of the Seller’s place of business (personally or in written form) or electronically at the e-mail address firstname.lastname@example.org
12.5. The right of the Customer from defective performance is based on (i) defects the Goods have upon the passage of risk of damage to the Customer, even though they will manifest later and/or (ii) a defect caused subsequently provided it was result of the Seller’s breach of its duties. A risk of damage passes to the Customer on the takeover of the Goods.
12.6. Where the purchased Goods is not in conformity with the Contract (hereinafter referred to as a ‘breach of the Contract’) at the moment of its takeover by the Customer, the Customer shall be entitled to request the Seller to bring the Goods into conformity with the Contract without unnecessary delay and free of charge, either by replacing or repairing them; if this is not possible, the Customer can request an adequate price reduction or withdraw from the Contract. This shall not apply if the Customer knew about the breach of the contract or caused it by itself. A breach of the Contract which becomes apparent within 6 months from receipt of the Goods shall be treated as a breach existing already at the time of the goods receipt unless it contradicts to the nature of the Goods or the opposite is proven.
12.7. The Customer shall not be entitled to the right from defective performance if the Customer knew the Goods were defective before their receipt or if the Customer caused the defect by itself or a third person caused the defect other than the Seller and without any fault on the Seller’s part.
- GUARANTEE OF QUALITY, COMPLAINTS
1.The Seller guarantees the quality of Goods sold by it for a period of 24 months. The guarantee period starts on the day on which the Goods is received by the Customer. The Seller informs that in the case of a complaint and subsequent replacement of the Goods, no new guarantee period begins to run.
13.2. The Seller usually issues the Customer with a warranty document in the form of a proof of purchase (tax document - invoice) provided with the purchase of Goods which contains all data required by law that are necessary for making warranty claims Upon Customer’s request, the Seller shall issue the Customer with the warranty certificate.
13.3. The Customer is liable to check the purchased goods immediately upon its receipt and to inform the Seller in any of the following ways provided any deficiencies have been discovered:
13.3.1. personally at the address of the Seller’s place of business;
13.3.2. Electronically by sending an email at the e-mail address
13.3.3. in written form, at the address of the Seller’s place of business; or
13.3.4. over the phone at the phone number +420 266 727 459 and to deliver the Goods under complaint to the Seller’s place of business subsequently, in the original packaging if possible or in a suitable transport packaging, with the description of the defect and its manifestation, where relevant, including a document proving the purchase of the Goods (i.e. Tax document or its copy or warranty certificate) and contact data of the Customer (in particular, the return address, e-mail and/or phone number). At the same time, the Seller recommends the preferred manner of resolving the claim to be stated (like repair, replacement, refund).
13.4. The moment of filing the complaint shall be the date on which the Seller received the defective Goods from the Customer.
13.5. The customer shall not be entitled to the warranty if the defect was caused by an external event after the passage of risk of damage in the Goods to the Customer. Further, the warranty does not cover defects resulting, inter alia, from:
13.5.1. Mechanical damage of the Goods
13.5.2. Use of the Goods in conditions that do not conform to the purpose, nature and character of the goods (particularly in terms of temperature, dust levels. humidity, chemical and mechanical impacts of the environment)
13.5.3. Improper handling or operation, or improper care for the Goods,
13.5.4. Damage due to excessive load or use in contrary to the purpose, nature and character of the Goods,
13.5.5. Damage caused by natural forces or force majeure.
13.6. In the case of a complaint, the Seller shall issue the Customer with a written confirmation immediately upon receipt of the complaint stating where the complaint was made, its subject-matter, manner of claim settlement preferred by the Customer, either by e-mail or personally ( whether or not the Customer makes the complaint personally). The Seller informs and the Customer acknowledges that such written confirmation serves only as a document of the claim receipt and that the claim will be considered subsequently within regular complaint procedure.
13.7. The Seller shall inform the Customer of the settlement of the claim and manner of the settlement by an e-mail sent at the indicated e-mail address or using other contact data provided by the Customer to that purpose.
13.8. The Seller shall settle the complaint without unnecessary delay, within 30 days from its filing at the latest (unless the Seller and the Customer agree otherwise). Subsequently, the Seller shall issue the Customer with a confirmation of the date and manner of the claim settlement and deadline for its settlement, or written justification for the refusal of the complaint. The Customer shall be liable to provide the Seller with assistance necessary for the settlement of the claim (extension of the period for the settlement of the claim due to a lack of necessary assistance on the part of the Customer may not be considered as a delay of the Seller or any other breach of its duties).
13.9. In the case of a justified claim, the Customer shall be entitled to the compensation of the lowest costs necessary for filing the claim (particularly basic postage costs). The Seller shall not cover the costs of express shipment and other similar services the use of which is not necessary for filing a claim. The Customer must ask the Seller for reimbursement of the costs without unnecessary delay, within 1 months from the end of the warranty period at the latest.
13.10. In the case of an unjustified claim, the Customer shall not be entitled to the compensation of costs incurred in connection with the claim.
- OTHER PROVISIONS
1.The Customer acquires the ownership right to the purchased Goods at the moment when the Goods Price has been paid..
14.2. The Seller is entitled to sell the Goods on the basis of a trade license and the trade activity of the Seller is not subject to any other approval. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of the compliance with the Consumer Protection Act is performed by The Czech Trade Inspection Authority (address of the central inspectorate: Štěpánská 567/15, 120 00 Praha 2, web: www.coi.cz). Supervision over personal data protection is performed by the Office for Personal Data Protection (www.uoou.cz, Registered office: Pplk. Sochora 27, 170 00 Praha 7).
14.3. The Customer acknowledges that the software and other constituent elements of the web interface of the E-shop (including photographs of the offered Goods) are protected by copyright. The Customer undertakes not to engage in any activity that could allow it or third parties to tamper with or misuse the software or other components of the web interface of the E-shop.
14.4. When using the web interface of the E-shop, the Customer is not authorized to use mechanisms, software or other procedures that could adversely impact the operation of the web interface of the E-shop. The web interface of the E-shop can only be used as long as the usage is not to the detriment of the rights of the other Seller's customers and which is in accordance with the purpose of the e-shop.
14.5. The Seller is not bound by any codes of conduct in relation to the Customer-Consumer in the sense of provisions of Section 826 (1) (e) of the Civil Code.
14.6. The Seller assumes no responsibility for any mistakes caused by intervention in the web interface of the E-shop by any third parties or due to use of the E-shop website contrary to its purpose.
14.7. The Customer-Consumer gives its express consent to the communication of data pursuant to Sec.1811(1) of the Civil Code and data pursuant to Sec.1820(1) of the Civil Code by disclosing them on the E-shop website as well as to the form of their incorporation into these GTC which may be retained and displayed repeatedly, and it considers such communication of this data as sufficient.
14.8. The Seller shall be entitled to unilaterally set off all its claims on the Customer against the claims of the Customer on the Seller.
14.9. The Customer acknowledges and agrees that if the Customer is represented by its representative, employee or another person authorized by it in the dealings with the Seller , the Customer shall be obliged under these acts to the Seller as if the Seller acted personally, and that in its entirety.
14.10. Information concerning the processing of personal data by the Seller are available at fanshop.fcslovanliberec.cz.
14.11. Contact data of the Seller - postal address for service of documents: Tipsport Arena, entrance no. 32, Za elektrárnou 419, Praha 7, 170 00, electronic address: email@example.com , tel.: +420 266 727 459.
- SETTLEMENT OF DISPUTES
1.Out-of-court complaints of Customers - Consumers shall be handled by the Seller at the electronic address firstname.lastname@example.org. The Customer shall be notified of the status of its complaint by an e-mail sent to the electronic address stated in its complaint. Complaints may also be submitted to the Czech Trade Inspection (www.coi.cz).
15.2. If a relationship based on the Contract and/or related with it contains an international (foreign) element, then the Contracting Parties agree that the relationship shall be governed by the Czech law in full. This shall not restrict the Consumer’s rights arising from the generally binding legal regulations from which no deviation agreed by the Parties is permissible. The Seller and the Customer expressly agree that all disputes arising out of and in connection with the Contract (including these GTC) shall be submitted to the jurisdiction of the District Court of Liberec.
15. The Customer accepts the risk of a change in circumstances.
- FINAL PROVISIONS
1.If any of the provisions of the GTC are or become invalid or ineffective, the Parties undertake to comply with such provision that resembles most closely legal meaning of the invalid or ineffective provision.. The invalidity or ineffectiveness of a provision of the GTC shall not affect the validity and effectiveness of the other provisions of the GTC. Changes in and additions to the Contract or the GTC must be made in written or electronic form.
16.2. Unless stipulated otherwise or unless the Contracting Parties agree otherwise, all communication concerning the Customer’s purchase through the E-shop or based on the Contract shall be by e-mails or in written form. Personal delivery of written communication and its handing over upon signed acknowledgement is acceptable as well as delivery by registered post at the address of the place of business or at the address stated by the Customer. For the purposes of this Contract, written communication shall be deemed to have been received in case that the addressee refuses to accept the document personally or when served by post mail or if written communication was deposited at the post office as undelivered and was not collected within a period of 10 days from such depositing, the 11th day after its depositing shall be considered as the day on which the document was received. In the case of electronic communication, the communication shall be deemed to have been received at the moment when it is received by the server of the incoming mail, integrity of messages sent by electronic mail may be secured by certificate.
16.3 Model withdrawal form is appended to these GTC as their integral part.
16.4. These GTC enter into force and effect on 12.9.2018. The GTC are available to the Customer on the E-shop website. The Seller reserves the right to change the GTC based on its needs and in accordance with its business strategy and the current situation on the market, the new version shall be always published on the Seller’s website and it shall become valid on the date of its publication. A change in the wording of the GTC shall be without prejudice to the rights and obligations that arose during the validity of the previous version.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Notice of withdrawal
-To: FC SLOVAN LIBEREC a.s., Address: Na Hradbách 1300, 460 01 Liberec, delivery address: FC SLOVAN LIBEREC a.s., Address: Na Hradbách 1300, 460 01 Liberec, e-mail address email@example.com
- I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following services(*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate