Terms and Conditions
commercial companies OZCORP fishing s.r.o. with registered office No.194, 280 02 Volárna identification number: 07995989 registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 311275 for the sale of goods via the online shop located at the Internet address https://eshop.ozcorpfishing.cz/
1. These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company OZCORP fishing s.r.o., with registered office at No. 194, 280 02 Volárna, identification number: 07995989, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 311275 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at http://www.ozcorpfishing.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
2. The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
3. Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1. On the basis of the Buyer's registration made on the Website, the Buyer may access its user interface. From his user interface, the Buyer can place orders for goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.
4. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
5. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
Price of Goods and Payment terms
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- by wire transfer to the Seller's bank account No. 2109817259/2700, maintained at UniCredit Bank Czech Republic and Slovakia, a.s. (hereinafter referred to as the "Seller's account")
- cashless by credit card (to be launched later)
- cashless transfer to the Seller's account via a payment gateway (to be launched later)
2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
3. The Seller does not require a deposit or other similar payment from the Buyer in the event that the goods are not custom-made. In the matter of custom production according to the customer's wishes, individual conditions will be agreed upon according to the customer's requirements. This is without prejudice to the provisions of Article "Withdrawal from the Purchase Contract" of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 2 days of the conclusion of the purchase contract.
5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
6. The Seller is entitled, especially in the event that the Buyer fails to confirm the order subsequently, to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
8. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
9. The Seller reserves the right to correct the apparently erroneous price of the goods and to withdraw from the contract before the goods are dispatched if it is found that the goods were offered at an incorrect price or the manufacturer is unable to deliver the goods. In this case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled by the seller. An erroneous price is primarily understood as an apparent difference between the regular price, the absence of a discount/sale marking, and other apparent errors in writing and calculations.
Withdrawal from the purchase contract
1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
2. Unless the case referred to in paragraph 1 or any other case in which the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address firstname.lastname@example.org.
3. In the event of withdrawal from the Purchase Contract according to Article "Withdrawal from the Purchase Contract" of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means. The buyer is only entitled to a refund for the lowest shipping costs, even if he has chosen a more expensive shipping method
4. In the event of withdrawal from the Contract pursuant to Article 5 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the entrepreneur.
5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
6. The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer.
7. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
Transport and delivery of the goods
1. If the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
2. If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.
3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
4. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. 5. Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
Rights from Defective Performance
1. The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
3. The provisions referred to in Article "Rights from defective performance" of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, to the defect in the case of used goods corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
5. The rights arising from defective performance shall be exercised by the buyer at the seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
7. The competent Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is used for out-of-court settlement of consumer disputes arising from the purchase contract.
8. You can also use the online dispute resolution platform: http://ec.europa.eu/consumers/odr.
Other rights and obligations of the parties
1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. If possible, the seller shall resolve disputes with the buyer-consumer amicably. For the purpose of out-of-court settlement of a consumer dispute, the Seller is entitled to contact the Consumer Defence Association - Association (http://www.asociace-sos.cz/mimosoudni-reseni-spotrebitelskych-sporu/). The Seller also undertakes to provide the necessary assistance in the event that a buyer-consumer contacts the SOS-Consumer Association with a request for an out-of-court settlement of a dispute with the entrepreneur.
3. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
4. Out-of-court settlement of consumer complaints is handled by the Seller via the electronic address email@example.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
5. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
6. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code. Protection of personal data These terms and conditions are further regulated in the special section of the Declaration on the processing of personal data here. Delivery The Buyer may be delivered to the e-mail address indicated in his/her user account or specified by the Buyer in the order.
Conclusion of the purchase contract
1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
2. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value-added tax and all related charges.
3. The prices of the 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 contract on individually agreed terms.
4. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
5. To order goods, the Buyer shall fill in the order form in the web interface of the shop.
6. The order form contains in particular information about:
- the goods ordered (the buyer "inserts" 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, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
7. Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the Order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
8. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
9. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
10. The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract.
11. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Customer Verified Programme, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.
3. The contract of sale including the terms and conditions shall be archived by the seller in electronic form and shall not be accessible.
4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions. Contact details of the Seller: delivery address Volárna 194, 280 02 Kolín, e-mail address firstname.lastname@example.org, phone number: +420725343190. In Volárna on 23.1.2019