TERMS AND CONDITIONS
of the company MALEVIL, s.r.o.,
with its registered office at 280 Heřmanice v Podještědí Street, postcode 471 25, town Jablonné v Podještědí, identification number: 25029479,
registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, Section C, Insert 13219 for the active practice of golf, development and promotion of golf as a means of active recreation, providing sports activities for its members, expanding the range of services related to the game of golf through an on-line shop located at the Internet address: eshop.golfmalevil.cz
- INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company MALEVIL, s.r.o., with its registered office at 280 Heřmanice v Podještědí Street, Postcode 471 25, Jablonné v Podještědí, identification number: 25029479, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, Section C, Insert 13219 (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 eshop.golfmalevil.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply to cases where the person intending to purchase goods/services from the Seller is a legal person or a person who acts in the course of ordering goods/services in the course of his/her business activity or in the course of his/her independent exercise of his/her profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods/services (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods/services without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods/services, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account in case of any change. The information provided by the Buyer in the user account and when ordering goods/services shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 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.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods/services placed in the web interface of the shop is of informative nature and the seller is not obliged to conclude a purchase contract regarding these goods/services. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods/services, including the prices of individual goods/services. The prices of the goods/services are inclusive of value added tax and all related charges. The prices of the goods/services 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.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods/services or service vouchers. The information on the costs associated with the packaging and delivery of goods/services provided in the web interface of the shop applies only in cases where the goods/services are delivered within the territory of the Czech Republic.
3.4 To order goods/services, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.4.1. the goods/services ordered (the goods/services ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
3.4.2. the method of payment of the purchase price of the goods/services, details of the required method of delivery of the ordered goods/services and
3.4.3. information about the costs associated with the delivery of the goods/services (collectively, the "Order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered into the order. The Buyer shall send the order to the Seller by clicking on the "Order or Binding Order" button. The data provided in the order is considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer 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").
3.6 Depending on the nature of the order (quantity of goods/services, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the 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.
3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
- PRICE OF GOODS/SERVICES AND PAYMENT TERMS
4.1. The price of the goods/services and any costs associated with the delivery of the goods/services under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
in cash at the Seller's premises at Heřmanice v Podještědí 280, 471 25 Jablonné v Podještědí;
in cash on delivery at the place specified by the buyer in the order;
by wire transfer to the Seller's account 12878662/0800 held with Česká spořitelna (hereinafter referred to as the "Seller's account");
cashlessly via the GP Webpay payment system;
cashless by credit card.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods/services in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods/services.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods/services in advance.
4.4 In case of payment in cash or in case of payment on delivery, the purchase price is payable upon receipt of the goods/services. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods/services 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 at the moment of crediting the relevant amount to the Seller's account.
4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods/services are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods/services provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods/services and sent in electronic form to the Buyer's electronic address.
4.9 The Buyer is obliged to pay the entire service even in the "payment by instalments" or "regular invoicing" mode, even if the service is terminated for any reason before the due date of the last instalment. By paying the first instalment, the Customer agrees to the automatic debiting of subsequent payments from the same account as the first payment.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a purchase contract for the supply of goods/services that have been modified according to the Buyer's wishes or for the Buyer's person, a purchase contract for the supply of perishable goods/services, as well as goods/services cannot be withdrawn from, among other things, which has been irretrievably mixed with other goods/services after delivery, from a contract for the supply of goods/services 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 original packaging has been damaged.
5.2 Unless it is a case referred to in Article 5.1 or another case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods/services in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods/services or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods/services. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The Buyer may use the sample form provided by the Seller, which is attached to the Terms and Conditions, to withdraw from the Purchase Contract. 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 golf@malevil.cz.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods/services 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/services to the Seller, even if the goods/services cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Contract pursuant to Article 5.2 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 upon return of the goods/services by the Buyer or otherwise, 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/services to the seller or proves that he has sent the goods/services to the entrepreneur.
5.5. The Seller is entitled to unilaterally offset the claim for payment of damages to the goods/services against the Buyer's claim for reimbursement of the purchase price.
5.6 Until the goods/services are accepted by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
5.7 If a gift is provided to the Buyer together with the goods/services, 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 with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods/services to the Seller.
5.8 If the goods/services are a gift voucher (voucher), it shall always be valid until 31 December of the year in which it was issued, or at most 12 months from the date of purchase.
5.9 If the goods/services are membership fees for a given year, these are not refundable according to the club's GTC and statutes.
- TRANSPORT AND DELIVERY OF GOODS/SERVICES
6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods/services to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the goods/services upon delivery.
6.3 If for reasons on the Buyer's side it is necessary to deliver the goods/services repeatedly or by a different method than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods/services or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods/services from the carrier, the buyer is obliged to check the integrity of the packaging of the goods/services and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of goods/services may be regulated by the Seller's special delivery conditions, if issued by the Seller.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the goods/services are free from defects upon acceptance. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took over the goods/services:
7.2.1. the goods/services have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods/services and on the basis of the advertising carried out by them,
7.2.2. the goods/services are fit for the purpose for which the seller states they are to be used or for which goods/services of that kind are usually used,
7.2.3. the goods/services 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,
7.2.4. the goods/services are in the appropriate quantity, measure or weight; and
7.2.5. the goods/services comply with the requirements of the legislation.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods/services sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods/services caused by their normal use, for used goods/services to the defect corresponding to the degree of use or wear and tear that the goods/services had when taken over by the buyer, or if this is apparent from the nature of the goods/services.
7.4 If the defect manifests itself within six months of receipt, the goods/services shall be deemed to have been defective upon receipt.
7.5 The Buyer shall assert the rights arising from the defective performance at the Seller's business address, where the acceptance of the claim is possible with regard to the range of goods/services sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods/services from the Buyer shall be deemed to be the moment when the claim is made.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer acquires ownership of the goods/services by paying the full purchase price of the goods/services.
8.2 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.
8.3 The out-of-court handling of consumer complaints is provided by the Seller via the electronic address golf@malevil.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4 The Seller is authorised to sell goods/services on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. Protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended.
9.2 The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and date of birth (hereinafter collectively referred to as "personal data").
9.3 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Apart from the persons transporting the goods/services, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in hard copy in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8. Should the Buyer believe that the Seller or the Processor (Article 9.5) is processing his/her personal data in a way that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
- SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods/services or business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
- SHIPPING
11.1. The Buyer may be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.
12. OUT OF COURT DISPUTE RESOLUTION
12.1. The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs) is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
12.2 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
12.3 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 authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
13. CONCLUDING PROVISIONS
13.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
13.2 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 and supplements to the contract of sale or the terms and conditions shall be in writing.
13.3 The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
13.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
13.5 Contact details of the Seller: delivery address MALEVIL, s.r.o., Heřmanice v Podještědí 280, 471 25 Jablonné v Podještědí, golf@malevil.cz, +420487762107.
In Heřmanice v Podještědí, on 1.2.2024.
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