Terms and conditions

1. INTRODUCTORY PROVISIONS

In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the ‘Civil Code’), these Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) of the sole trader

Jiří Kotaška
ID no.: 09443533
Tax ID no.: CZ9709131773
with registered office at: Budějovická 1198/66, 390 02 Tábor
contact:
e-mail: tiebreak@tbtennis.cz
phone number: +420 606 472 111
web: www.tbtennis.cz

(hereinafter referred to as the ‘Seller’)

These terms and conditions govern the mutual rights and obligations of the Contracting Parties arising in connection with the conclusion of the Purchase Agreement (hereinafter referred to as the ‘Purchase Agreement’) between the Seller and another physical person (hereinafter referred to as the ‘Buyer’) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at www.tbtennis.cz

The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Derogating arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.

The Purchase Agreement and the Terms and Conditions are drafted in Czech and English. The Purchase Agreement can only be concluded in Czech and English.

2. PRICE OF GOODS AND

The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot, by definition, be returned through their normal postal route. Prices of goods are listed including VAT and all other taxes and fees. However, the prices of goods do not include the costs associated with the delivery of the goods (postage, transport). Prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller’s ability to conclude a purchase agreement for individually negotiated terms.

All presentations of the goods placed in the web interface of the shop are informative and the Seller is not obligated to conclude a purchase agreement for these goods.
The web interface of the shop also includes information on packaging and shipping costs. The price of the goods does not include costs associated with the delivery of the goods. The price of the goods is valid when the delivery is within Czech republic.

Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined until further agreement between the Buyer and the Seller.

3. CONCLUSION OF THE PURCHASE AGREEMENT

To order the goods, the Buyer shall complete the order form in the web interface of the shop.

The order form contains, in particular, information on:
other ordered goods (the Buyer shall ‘place’ the ordered goods into the electronic shopping cart of the web interface of the shop), the method of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods, and information on the costs associated with the delivery of the goods.

Before sending the Order to the Seller, the Buyer is allowed to check and modify the data that the Buyer has placed in the Order, also with respect to the Buyer’s ability to identify and correct the errors incurred when entering the data into the Order. The Order shall be sent by the Buyer to the Seller by clicking on the appropriate order button. The data stated in the Order are deemed correct by the Seller. By properly filling in and sending the Order, the Buyer confirms, inter alia, that he/she agrees to these Terms and Conditions and the data and consents contained therein.

Upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by e-mail, to the e-mail address of the Buyer stated in the user account or in the Order (hereinafter referred to as the ‘e-mail address of the Buyer’). If the ordered goods are not in stock, or the stated delivery date cannot be met, or if the Order cannot be accepted for any other reason, the Buyer shall be informed about this via the e-mail address of the Buyer.

The Purchase Agreement is concluded between the Seller and the Buyer by delivery of the acceptance of the Order (acceptance), which is sent to the Buyer by the Seller by e-mail to the e-mail address of the Buyer.
In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this clearly incorrect price. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of receipt by the buyer to the e-mail address of the seller.

4. TERMS OF PAYMENT AND DELIVERY OF GOODS

According to the Purchase Agreement, the price of the goods and potential costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:

via a cashless wire transfer to the Seller’s bank account no. 2823198002/5500

maintained by the Raiffeisenbank, a.s. company.

via a cashless payment card maintained by the ComGate company

Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood as also the costs associated with the delivery of the goods.

In the case of cashless payment, the purchase price is due within five working days of the conclusion of the Purchase Agreement.

In the case of cashless payment maintained by payment gateway is The Buyer obligated to follow the instructions of the relevant electronic payment provider.

In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.

The Seller is obligated to deliver the goods:

to a place (adress) that is stated in the Order

If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

If the Seller is obligated to deliver the goods to a place specified by the Buyer in the Order, according to the Purchase Agreement, the Buyer is obligated to take over the goods upon delivery. If for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.

Upon the takeover of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier.

The Seller is entitled to deliver an invoice to The Buyer. The invoice may be carried out to the e-mail address of the Buyer.

The Buyer acquires ownership of the goods at the moment of receipt of the goods.

Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

The Buyer has the right to withdraw from the Purchase Agreement

The Buyer has the right to do so within 14 days:

of receipt of the goods,
from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
from the date of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

The Buyer notes that it is not possible to withdraw from the Purchase Agreement for the supply of goods

which had been adjusted according to the Buyer’s wish or for his/her person,
delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
in other cases specified in § 1837 of the Civil Code.

The withdrawal from the Purchase Agreement must be sent to the Sellerwithin the period specified in 14 days.

In order to withdraw from the Purchase Agreement, the Buyer may fill in form available here: https://tbtennis.cz/wp-content/uploads/2020/10/Vzorovy-formular-pro-odstoupeni-od-smlouvy.pdf. The withdrawal from the Purchase Agreement must be sent to the Buyerby email to the e-mail adress or delivery adress. The Seller will immediately confirm to the Buyer the receipt of the form.

The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.

If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.

If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.

If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.

The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.

6. DEFECTIVE PERFORMANCE RIGHTS

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

the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they make,
the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
the goods are in the appropriate quantity, measure or weight, and
the goods comply with the requirements of legal regulations.

The buyer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt.
Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual characteristics.
The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods were defective, or if the buyer himself caused the defect.

In the event of a defect that constitutes a material breach of contract, the buyer may submit a complaint to the seller and request it

exchange for new goods,

a reasonable discount from the price,
withdrawal from the contract.

Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.U vady, která znamená nepodstatné porušení smlouvy, má kupující nárok na odstranění vady nebo přiměřenou slevu z kupní ceny.
When making a complaint, the buyer is obliged to inform the seller which right he has chosen. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue to the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
The seller informs the buyer by email about the result of the complaint.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure. The complaint procedure is available HERE https://tbtennis.cz/wp-content/uploads/2020/10/Reklamacni-rad.pdf

7. DELIVERY

The delivery between the Buyer and the Seller may be carried out by e-mail addresses.
The delivery to the Buyer may be carried out to the e-mail address of the Buyer in this Terms and conditions and the delivery to the Seller may be carried out to the e-mail adress specified in his customer account or in the Order.

8. PERSONAL DATA

All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. If the buyer does not give the seller written permission, the seller will not use the buyer's data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is allowed by law unless explicitly rejected. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
More detailed information on personal data protection can be found in the Privacy Policy HERE:

9. FINAL PROVISIONS

All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
All rights to the seller's website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These terms and conditions are effective on 1st November 2020.