General Terms and Conditions of Sale for Consumers
These General Terms and Conditions of Sale for Consumers (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop BU1, placed on the website www.bu1gloves.com (hereinafter referred to as the “website”) between
BU1 sport s.r.o., with registered office at Kravařovská 226/15, Komárov, 747 70 Opava, Czech Republic,
Registration No: 05929377,
VAT ID: CZ05929377,
registered in the Commercial Register maintained by the Ostrava Regional Court, Section C, File No. 69933,
Delivery address: BU1 sport s.r.o., Pekařská 23, 746 01 Opava, Czech Republic
Contact email: email@example.com
as the seller
and you as the buyer.
1.1 Summary of Terms
By the contract of sale, we undertake to deliver you the goods as specified in your purchase order, whereas you undertake to take over such goods and pay the whole purchase price as specified in the order. For conclusion of the contract, your order and our acceptance of the order is needed (according to Article 2). Information about prices are laid down in Article 3. Possible methods of payments and delivery can be found in Articles 4 and 5. Information about the possibility to withdraw from the contract after taking over the goods appear in Article 6. Rights from defective performance are governed by our Warranty Claim Guidelines.
1.2 Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are an individual person and your purchase is not connected to trade, business or profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms. In such case, the General Terms and Conditions for Entrepreneurs and Legal Persons shall apply.
1.3.What governs our legal relationship?
Our legal relationship is governed by the contract, which consists of the following documents:
- the Terms, which define and specify our mutual rights and obligations;
- Warranty Claim Guidelines, which we will follow in case of any warranty claims of the goods;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- the purchase order and its acceptance from our side;
and in any matters not covered by the contract are our reciprocal rights and obligations governed by the following legislation:
- Act no. 89/2012 Sb., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Sb., on Consumer Protection, as amended.
Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.4 How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms by sending a purchase order and also by confirming the acknowledgement of the Terms on the website.
1.5 What else should you know concerning the Terms?
In the case of nullity, inefficacy or inapplicability of any provision of the Terms (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. The validity of other provisions is not affected by such cases.
We are allowed to alter or amend the Terms. Your rights and obligations are always governed by the version of the Terms amended in the time of its emergence. It is possible to alter or amend the Terms in written way only.
THE CONTRACT OF SALE
2.1 How do we conclude the contract of sale?
For concluding the contract of sale, it is necessary that you send a purchase order under the requirements with these Terms and to accept such purchase order from our site. Presentation of the goods is for your information only and it is not our offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code.
2.2 How to submit an order?
You can always submit an order via our website (by filling a form), or by any other way currently allowed on our website. The order must contain all the information required in the form.
Please check all your entered data. The binding purchase order is submitted by clicking the button “ORDER”. We consider the data in the binding purchase order to be correct and complete. In case of any change, please, inform us without undue delay via email or telephone.
2.3 Is it possible to cancel or change an already sent order?
You can cancel an order which has not been accepted by us yet by telephone or via email. All orders accepted by us are binding. Later cancellation of the order is only possible by an agreement with us. If you cancel an order of the goods, among which it is not possible to withdraw from the contract (see Article 6), we are entitled to claim the reimbursement of the costs already expended by us to that time.
2.4 How to find out that an order has been accepted by us and when is the contract concluded?
We will inform you about the receipt of an order. The information about receipt of an order is also an acceptance of order.
The contract of sale is concluded as of the moment of the delivery of our acceptance of the purchase order from us to you. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment of payment of the total price or as of the moment you take over the goods (whichever occurs first).
2.5 Is it possible to obtain a contract in text form?
Documents forming the contract will be sent to you via e-mail or can be printed and sent per post at your request. We can demand recovering of the related costs when sending per post.
The contract of sale (including the Terms) is maintained by us in an electronic form. The contract of sale is not accessible to third parties.
3.1 Is it possible that the price showed on the website will be changed?
If the price of the goods showed on the website or within the purchase order process is not up-to-date, we will inform you in such respect without undue delay. Orders which have been already sent are not affected by the change of the price which occurred within the period beginning by sending of the order and ending by its acceptance from us.
In case a wholly obvious technical error regarding the price occurred on the website or within the purchase order process, we are not obligated to deliver you any goods for this wholly obvious incorrect price.
3.2 Is it possible to combine sales from the price of the goods?
Possible sales from the price of the goods are not allowed to combine, otherwise there is explicitly mentioned something else on the website.
4.1 What payment methods are accepted?
The purchase price can be paid mainly by the following manners:
- in cash when sending the goods by cash on delivery;
- on-line via payment card prior the delivery;
- on-line via payment system PayPal prior the delivery;
- via bank transfer to our bank account prior the delivery (you will be instructed in the purchase order acceptance).
Any other payment methods and potential extra fees connected with some payment methods are stated on the website.
4.2 When is the price due?
In case of a cash payment, the purchase price is due as of the take over the goods. In case of a non-cash payment, the purchase price is due within five days from the acceptance of the order. Your obligation to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment we receive the respective payment at our bank account. If we do not receive the price when it is due, we have the right to withdraw from the contract.
4.3 May we ask for a deposit or a payment in advance?
Be aware that we are entitled to ask you for payment in advance (or deposit) before sending or the delivery of the goods in accordance with § 2119 par. 1 of the Civil Code.
4.4 How do we issue invoices?
By expressing a consent with these Terms, you are also expressing consent with the issuing of the invoice in electronic way.
5.1 How do we send the goods?
Delivery methods of the goods are stated on our website. You can choose the respective delivery method at the purchase order.
In the purchase order the final price including the delivery costs corresponding to your selection will be always stated.
5.2 When the goods will be delivered to you?
The time of delivery of the goods is always depending on the availability of the goods and on the chosen method of transport and payment. We cannot grant you the time of delivery of the goods by the carrier. In case of any problems related to the time of delivery please contact us and we will try to solve this situation.
The goods available in stock are handed over to a carrier usually within two working days from the acceptance of the order (at cash on delivery), eventually from the moment your payment is credited to our bank account (in case of a non-cash payment).
The goods not available in stock are handed over to a carrier as soon as possible. We will inform you about the exact date.
The delivery of the goods under the Terms means the moment when the goods are delivered to you. Should you refuse to accept the goods without just reason, such non-acceptance is considered neither as the failure of our obligation to deliver the goods, nor as a withdrawal from the contract from your side.
You acquire the ownership of the goods by paying the whole purchase price.
5.3 How to proceed when taking over the goods?
You should check the integrity of the packaging at the delivery. Should you find any deficiencies, please, inform us and the carrier immediately. If you refuse a delivery with damaged packaging, it is not considered as unjustified refusal of the goods.
As of the moment of taking over the goods (or as of the moment you had the obligation to take over the goods, but you refused to do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes on you.
5.4 What happens, if you do not take over the goods?
You are obligated to pay the costs associated with the re-delivery, if the goods have to be delivered repeatedly or by other means of delivery due to the reasons on your side.
Should you not accept the goods, we are entitled to the reimbursement of the costs associated with the delivery or re-delivery and its storage, as well as other costs that arise due to not accepting the goods.
In case the payment is in cash when sending the goods by cash on delivery, we have the right to withdraw from the contract. If you have already paid the purchase price (in case of a non-cash payment), we have the right to self-help sale in accordance with § 2126 of the Civil Code.
WITHDRAWAL FROM THE CONTRACT
6.1 How can you withdraw from the contract?
If you are a consumer, you can withdraw from the contract within 14 days from the day of accepting the goods; if the delivery is divided into several parts, then from the date of the final delivery. We recommend you send a notice of withdrawal from the contract to our delivery address with the goods or to our contact email and to send the goods to our contact address without delay. You can use a template form for the withdrawal from the contract.
6.2 What are the consequences of the withdrawal?
By withdrawal the contract is cancelled from the beginning and is considered as never concluded.
If the gift was provided together with the goods, such a donation contract is void as of the withdrawal from the contract by any of the parties. Please return the gift to us together with the returned goods.
6.3 How do you return the goods?
You are obligated to return us the goods within 14 days from the withdrawal from the contract to our delivery address, to any of our business premises or to the address of our registered seat. Do not send the goods by the mean of cash on delivery. We are not obligated to accept the goods sent via the cash on delivery.
To the returned goods, we recommend attaching:
- a copy of the delivery note and the invoice, if these documents were issued, or any other document evidencing the purchase of the goods;
- a written statement on the withdrawal from the contract (by using our template form or by any other way) and on the selected method of refund. Please provide us with the delivery address, telephone number and email in the statement.
Not providing with any of the above-mentioned documents shall not preclude a positive handling of your withdrawal from the contract according to law.
6.4 When do you get your money back?
We will refund all the received money within 14 days from the withdrawal from the contract. Please note however that we are not obligated to refund you the money before you return the goods or prove its sending back to us.
Among the purchase price you are entitled also to a refund of the costs of the delivery of the goods to you. However, if you chose other than the cheapest delivery method, which we offer, we will refund you the costs of the delivery of the goods in the amount corresponding to the cheapest offered way of the delivery.
We will refund you the money by the same way as we have received them (should you not provide us with any other way within 10 days from the withdrawal and you will have no additional costs with this way) or by the way you choose.
The costs of the delivery of the returned goods on our address are borne by you, even if the goods cannot be returned via the usual postal service due to its nature.
6.5 What if the returned goods were damaged?
When returning the goods, please, wrap it to a suitable packaging to avoid its damage or destruction.
Should we find out that the returned goods are damaged, worn, dirty or partially consumed, we are entitled to claim for damages.
6.6 When you cannot withdraw from the contract?
In accordance with Section 1837 of the Civil Code it is not possible to withdraw, inter alia, from contracts about the delivery of the goods, which have been adjusted according to your wishes or for yourself.
6.7 When we can withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- we have not received the purchase price in the time of its due or you do not take over the goods;
- the goods cannot be supplied under the original terms (mainly because the goods are no longer manufactured, the supplier ceased to supply to the Czech Republic etc.);
- the performance becomes objectively impossible or illegal.
Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay.
If you have already fully or partly paid the purchase price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money is returned within five days from the withdrawal from the contract.
RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines.
OTHER INFORMATION FOR CONSUMERS
8.1 What permissions do we have for the performance of our activities?
We are a holder of a trade licence for the sale of the goods. Our activity is not subject to any other permissions.
8.2 How do we handle the complaints?
We handle any complaints via our contact email. Furthermore, you can contact the respective Trade Office or Czech Trade Inspection.
8.3 What rights may you exercise in dispute arising from the contract?
If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
REGISTRATION ON THE WEBSITE
9.1 How can you register on the website?
By the registration via the registration form situated on the website is created a user account. Keep the access data to the user account in secret. We are not responsible for any misuse of the user account by a third party.
Information provided within the registration must be truthful and complete. We are authorised to delete an account, created with false or incomplete data, without any compensation. In case of change of your user details we recommend their change in the user account without undue delay.
9.2 For which purposes is user account created?
Through the user account you can primarily make and track your purchase orders and manage the user account. Any other features of the user account are always stated on the website.
9.3 When do we have the right to delete you user account?
Note that we have the right to delete your user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.
COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE
10.1 Is the website content under copyright protection?
The content placed on the website (texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge.
The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.
10.2 Liability and using the website
We are not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website you cannot use any processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.
If you commit any illegal or unethical act during the use of the website, we are entitled to restrict, suspend or terminate your access to the website without any compensation. In this case, you are obligated to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.
Note that by clicking on certain links on the website you may exit the website and be redirected to websites of third parties.