These terms and conditions apply to the purchase in the online store operated by DAVID Harrachov sport Ltd. from 1.1. 2014.
These terms and conditions are valid for purchase in the online store www.davidsport.cz and specify and clarify the rights and obligations of the seller and the buyer. Relations that are not covered by these Terms and Conditions shall be governed by the Law no. 89/2012 Coll., The Civil Code. If it is a consumer who is the contracting party, relations that are not adjusted by terms and conditions are governed by the Act no. 634/1992 Sb., relating to consumer protection.
1.1 Definition of Terms
1.2 The condition of the order is to fill all required data and information in the order form. The Seller shall by any means of distance communication immediately confirm the purchaser's receipt. In this regard, the buyer is obliged to correctly and completely fill in the details of his/her e-mail address for the confirmation of his/her order.
1.3 By placing an order, the buyer confirms that he/she is familiar with these terms and conditions and agrees with them. The buyer is adequately informed about these terms and condition before placing the order and has the opportunity to become acquainted with them and keep them for reference. These terms and conditions are an integral part of the contract. The contract is concluded in the Czech language, unless there are defending circumstances on the behalf of the seller or the consumer, the contract can be concluded in other, for both party comprehensible language. The concluded contract is archived by seller in electronic form for a period of one year for its successful performance and is not accessible to third parties. The consumer has access to it, however only in case of prior opening an account at the online store. Information on individual technical steps and the ordering process leading to conclusion of the contract in our online shop are clear and the buyer has the option to check and possibly correct the order before it is sent. These terms and conditions are displayed on the websites of our online store, which allows the buyer to archive and reproduce them. The buyer does not become the owner of the ordered goods until full payment of the purchase price. However, the risk of the goods damage is passed to the buyer by the takeover of the goods.
1.4 Method of payment:
a) Payment by cash on delivery in the Czech Republic.
b) Payment by cash on delivery outside the Czech Republic is only possible in Slovakia.
In the method of payment on delivery the price is paid by the buyer at the time of delivery to the shipping company upon receipt of the shipment.
c) Payment by bank transfer: the buyer will receive an order confirmation email, stating the necessary payment details (account number, variable symbol and the required amount). After receiving money on account of the seller, the goods are shipped.
All the prices are listed for each product. In addition to the price of the goods, the buyer is obliged to pay the price for postage.
The cost of postage in the Czech Republic:
The cost of postage to the Slovak Republic is CZK 400.
The cost of postage to other countries is set by the price list of the Czech Post.
1.5 Method of transport. You can choose from the following modes:
The buyer is obliged to accept the goods when it arrives at a place designated. In this context, the buyer is obliged to give correct and complete mailing address for delivery of the ordered goods. The buyer is obliged to take the goods and pay full price. The buyer is notified about the full price in advance, even before the mandatory confirmation and shipment orders.
The buyer is obliged to accept the shipment to inspect whether the packaging is intact and that the consignment does not show obvious signs of damage. If the buyer discovers that the shipment is damaged, he/she is not obliged to accept the consignment. The buyer writes damage protocol with the carrier. Immediately after that, buyer notifies the seller that the goods have been damaged when shipping.
1.6 Price and delivery time
All the prices are listed for each product. In addition to the price of the goods, the buyer is obliged to pay the cost of postage (see. Delivery and payment conditions, method of transport).
Seller reserves the right to change prices of goods.
If goods are unavailable at the supplier in the long term, the seller notifies the buyer about this and arranges any change orders or withdrawal individually. If, in this case is the order paid in advance, the seller refunds the full amount to the buyers account within 7 days from the buyer or seller withdrawal or from the formation of contract cancellation.
Delivery times are listed individually for each item.
2.1 The Seller reserves the rights to withdraw from the contract if the goods are not produced or delivered or the cost of goods has changed significantly. In the event of cancellation by the seller, the buyer will be immediately contacted. If the goods are already paid for, the seller will transfer refunds back to his/her account without unnecessary delay, possibly other form of refund can be agreed on. In case of refunds, seller recommends to buyer to fill his/her account number in the order (for faster refund option). If the buyer does not have a bank account, money will be refunded by postal money order within four weeks. To return the money to the account will take place within two weeks.
2.2 Under paragraph 1829. 1 of the Civil Code, Seller allows consumers to withdraw from the contract within 14 days of receipt of goods. The consumer has the right to return the goods without giving any reason and without penalty. If the purchaser consumer chooses to exercise this right, it is sufficient to send the seller withdrawal before the relevant deadline (We recommend doing this in writing as it is easier to verify that the contract can by legally canceled). Furthermore, the purchaser shall return the goods to the seller in undamaged condition, complete (including accessories, warranty card, manual, etc..) This must be done within 14 days of the withdrawal and with enclosed proof of purchase (or any other document evidencing the purchase of the product by the seller). The buyer may also withdraw from the contract prior to shipment of goods – email to email@example.com. For withdrawal, the consumer may use the model form on our online store HERE.
In case of withdrawal from the contract, the consumer is obligated to cover costs of returning the goods. This is in accordance with the provisions of § 1820 paragraph 1 point. g).
If the consumer withdraws from the contract, the seller is obligated to return all payments received from the customer, including the cost of delivery (except for the additional costs that incurred as a result of delivery method chosen by customer, which is different than the least expensive type of standard delivery offered by the seller). This is done without undue delay and no later than 14 days from the date on which the seller receives the notice of withdrawal from the contract. The seller uses the same payment method for reimbursement that the consumer used for the initial transaction, unless expressly agreed otherwise and if it does not result in additional costs by the seller. However, the seller will return the payment after receiving the returned goods or after the consumer demonstrates that the goods were send back, whichever occurs first.
Each item has a label. We recommend keeping the label firmly attached to the garment. If the label is not attached when returning the goods, the seller may require adequate financial compensation. In the event of the goods being returned incomplete, damaged or visibly worn, we will request a compensation (in practice, this is done by deducting adequate amount from the refund of the purchase price). Consumer’s right to withdraw from the agreement without any penalty is not affected by this in any way.
2.3 In case of consumer withdrawal, the consumer is obliged to return everything he gained by the contract (Eg. Returns of goods, which included bonuses). Consumer should pack goods for transport properly to protect it from damage. If the consumer does not comply with these conditions the seller may require compensation, which reduces the value of the returned goods as specified in. This is in no way prejudice against the customer who has the right to withdraw without penalty. The cost of returning the goods is paid by the consumer; therefore cash on delivery method is not possible.
2.4 Seller and Buyer may agree to cancel the contract if the goods have not yet been handed over for carriage. If the goods have already been paid in advance, the seller will return the full amount of the goods to account within 14 days from the conclusion of the contract cancellation.
These terms and conditions governing the liability of the seller for defects in the goods sold are related to the purchaser who is a consumer. It is governed by the Civil Code and especially the Consumer Protection Act. The buyer’s (not consumer) and the seller’s liability for defects shall be governed by the Civil Code.
3.1 Defects in takeover
Buyer shall inspect the goods during takeover and verify its properties and quantity.
The seller is liable to the consumer that there are not defects on the goods. In case there is a defect within six months from the takeover, it is considered that the goods were already defective upon takeover. If goods are defective upon takeover, the consumer may require new goods without defects. If the defect relates to only part of the goods, the consumer may require only replacement parts; if this is not possible, he/she may withdraw from the contract. The buyer has the right to receive new goods or replacement parts if he/she can not use the goods properly because of reoccurring defect or a greater number of defects. In this case, the consumer has the right to cancel the contract. Consumer may request a reasonable discount if he/she does not withdraw from the contract, apply for new goods without defect, replace the part or does not request to repair it. The consumer has the right to an adequate discount even if the seller can not deliver his new goods without defects, replace the part or repair it, or if the seller fails to remedy goods within a reasonable time.
3.2 The statutory liability for defects after takeover of the goods by consumer
The buyer is entitled to file a complaint for defects which occurs in goods during the twenty-four months from the receipt. If buyer requests information about the complaint procedure, the seller shell answer in writing.
If there is a defect which breaches the contract, the buyer has the right to
a) the removal of the defect by supplying new goods without defects or supply missing parts/things
b) the removal of the defect by reparation
c) a reasonable discount on the purchase price, or
d) to withdraw from the contract.
The buyer shall notify the seller what the right he/she choices when reporting the defect, or without unnecessary delay after notification of the defect. Seller can not change the option the buyer chosen without the buyers consent. This does not apply if the buyer requests to repair defects, which proves to be not repairable.
If the seller fails to remove the defects within a reasonable time or notify the buyer that he/she does not remove the defects, the buyer may require reasonable discount on the purchase price or withdraw from the contract. If the buyer does not choose any option in time, he/she has rights as in the insignificant breach of contract.
If defective performance insignificantly breaches of contract, the buyer has the right to receive a reasonable discount on the purchase price or to have the defect removed.
As long as the buyer does not apply his/her right to have the purchase price reduced or withdraws from the contract, the seller can deliver what is missing, or eliminate the defect. The seller may remove other defects by repairing things or providing new things; the option must not cause the buyer unreasonable costs. If the seller fails to remove the defect in time or refuses to remove the defect the buyer may require having the purchase price reduced or withdraw from the contract. The buyer can not change the selected option without the consent of the seller.
When buyer receives replaced goods he/she is obligated to return goods originally supplied at buyer’s expenses.
The complaint department’s address is mentioned above.
The seller resolves complaints immediately, in complicated cases within three working days. This period shall not include reasonable time when defected goods require expert assessment. Claims, including the removal of defects must be handled without unnecessary delay, within 30 days of the claim, unless the seller and the consumer agree to a longer period of time. Vain expiry of that period shall be deemed as fundamental breach of contract.
Personal data of buyers (including name, surname, address, telephone and electronic contact) are kept in compliance with the applicable laws of the Czech Republic, in particular the Law on Protection of Personal Data no. 101/2000 Coll. subsequent amendments and regulations. All data received from buyers, are solely used by the seller internally in the online store (for the successful completion of the contract) and are not disclosed to third parties. Exceptions are the carriers, who need minimum of personal information for the smooth delivery of goods to customers and the bank, which is involved in processing the order. Personal data of customers are fully protected against misuse. Data are stored and not shared with third parties. By sending the order, the buyer agrees to collection and processing his/her personal data (name, address) in the seller’s database. Even after the successful completion of the contract, the data may be used to offer any deal or service from the seller, up to time when the purchaser disagrees with this arrangement by writing. The buyer has the right of access to his/her personal data and the right to correct any other legal rights to the data.
These terms and conditions become to be valid on the date of their publication in the online store and are binding on all orders placed that day, as well as later. Seller reserves the right to change these terms and conditions. If new version of business terms and conditions is published on the internet shop, the previous version becomes invalid.