These Terms of Trade are valid for the purchase of goods in the online shop whose owner and operator is:
Seller: BAIL-SPORT Ltd.
Seat: Válcovní 1841/31, 703 00 Ostrava-Vítkovice, CRN: 61977209, Tax RN: CZ61977209
Registered: The Register of Companies administered by the Regional Court in Ostrava, Section C, File 12411
Contact: E: info@bail.cz, P: 00420 596 614 815, Monday to Friday 6:00 a.m. to 1:00 p.m.
A seller is a legal person who acts within the scope of its business activities during the conclusion and execution of contracts. A seller is an entrepreneur who can deliver goods or other services to a buyer through a third party.
All contractual relations are concluded in compliance with the law of the Czech Republic.
A buyer is a customer of our online shop. According to current legislation, we distinguish a buyer who is a consumer, a non-entrepreneur or an entrepreneur.
A consumer is every person who enters into a contract with an entrepreneur or otherwise negotiates with an entrepreneur outside his/her business activity or outside the independent exercise of his/her profession. If the contracting party is a consumer, the relations not governed by the Terms of Trade follow the Act no. 89/2012 of the Coll., the Civil Code and the Act no. 634/1992 of the Coll., on Consumer Protection.
An entrepreneur is a person who enters into a contract related to its own business, production, gainful activity or a similar business activity.
An entrepreneur is also a person acting on behalf of the entrepreneur in his name. If the contracting party is an entrepreneur, the consumer contract provisions contained in the Act no. 89/2012 of the Coll., the Civil Code, are not applied.
A non-entrepreneur is a legal person in case of which the circumstances of the conclusion of a contract clearly indicate that the purchase does not affect its business activities. If the contracting party is a non-entrepreneur, the consumer contract provisions contained in the Act no. 89/2012 of the Coll., the Civil Code, are not applied.
These Terms of Trade and the Complaints Handling Procedure are valid for purchase contracts concluded between the seller and the buyer. These Terms of Trade and the Complaints Handling Procedure are brought to the attention of the buyer in advance prior to the conclusion of a purchase contract. By concluding a purchase contract, the buyer confirms that he/she is familiar with these Terms of Trade, that he/she understands them and agrees with them.
Any presentation of the goods placed on the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these products. The provisions of § 1732 paragraph 2 of the Civil Code do not apply.
To order goods, the buyer fills in an order form on the web interface which contains especially the information about the goods being ordered (properties, instructions for use), the method of payment of the purchase price, the method of delivery of the goods being ordered and the information about the costs associated with the delivery of the goods.
Before sending an order to the seller, the buyer is allowed to check and change the data included in the order by the buyer, even with respect to the possibility of the buyer to detect and correct errors arising when entering data into the order.
The buyer's order made via the order form is a draft of the purchase contract and the contractual relationship arises upon the delivery of order acceptance, which is sent to the buyer via electronic mail (e-mail) to the electronic mail address of the buyer indicated in the order form. The existing contract (quantity of goods, purchase price, shipment costs) can be changed or cancelled only by an agreement of the contracting parties or on the basis of legal grounds.
A deed of gift is concluded between the seller and the buyer in case of gifts that are completely free of charge, and this deed of gift cannot be used to claim any consumer rights or rights related to the liability for defects. Such goods meet the conditions of the deed of gift which is concluded between the buyer and the seller with a cancellation condition stating that in the event of a withdrawal from the contract made by the purchaser-consumer, the deed of gift regarding such a gift becomes ineffective and the buyer is obliged to return the gift along with the goods to the seller.
The e-shop website contains information about the goods, including the prices of individual products. The prices of goods on the e-shop pages include VAT. The prices of goods remain valid as long as they are displayed on the e-shop web pages. Other costs (shipment, handling) are listed separately. The delivery costs of excessive or heavy goods cannot be determined in advance, they can be invoiced after an agreement between the contracting parties made in advance. This information will be approved for the buyer in writing or by telephone before the shipment of goods. The price of goods does not include its installation and assembly at the place of performance. The valid prices are confirmed to the buyer by confirming the order -concluding the purchase contract.
In some cases, the seller is entitled to require an advance payment (oversized products, unusual product, commissions, etc.).
An advance invoice will be issued for this advance payment the value of which will be deducted from the tax document.
The payment terms are:
The seller reserves the right to cancel an order or its part in case of goods:
In the event that the buyer has already paid part or the whole amount of the purchase price, this amount will be transferred back to his/her account or address, and the purchase contract will not be concluded.
Along with the purchase price, the buyer shall also pay the costs associated with the handling and delivery of goods in the agreed amount.
Any discounts from the price of goods provided by the seller to the buyer cannot be combined together.
The provisions of this Article do not apply to cases where a person who intends to purchase goods from the seller is an entrepreneur.
The rights and obligations of the contracting parties regarding the rights arising from a faulty performance are governed by the relevant legislation, especially § 2099 to § 2117 and § 2161 and § 2174 of the Act no. 89/2012 of the Coll., the Civil Code. In the event that the buyer is the consumer, Act no. 634/1992 of the Coll., on Consumer Protection will be applied as well.
1) Quality during acceptance
If the accepted goods have any shortcomings (e.g. they do not have the negotiated or reasonably anticipated properties, they are not suitable for the usual or agreed purpose, they are not complete, their quantity, amount, measure, weight or quality do not match other legal, contractual or pre-contractual parameters), they are considered to be defects of the goods the seller is responsible for.
Within 24 months from the acceptance of goods according to his/her requirements, the buyer can set up a claim to a free removal of the defect or to a reasonable price reduction; if it is not disproportionate with respect to the nature of the defect (especially if the defect cannot be removed without undue delay), the buyer can set up a claim for the delivery of a new item without defects or new part without defects, provided that the defect affects only this component.
If the repair or replacement of goods is not possible, the buyer may request a refund of the purchase price in full on the basis of the withdrawal from a contract.
When a defect appears within six months of acceptance, the item is considered to have been defective at the time of acceptance.
The buyer looses the rights arising from a faulty performance if the buyer knew about the defect of goods prior to their acceptance, or if the buyer himself/herself caused the defect.
If an item has a defect that does not prevent using the item for its intended purpose, it can be sold at a lower price than the usual price of this item without a defect. The seller notifies the buyer that the item has a defect and specifies what the defect is, unless it is obvious from the nature of the sale.
The buyer is not entitled to exercise the right arising from a defect of an item sold at a lower price, a defect because of which the lower price has been negotiated, wear or destruction of an item caused by its normal use and, in case of a used item, from a defect corresponding to the degree of its use or wear the item was showing when accepted by the buyer, or if it results from the nature of the item.
In case of used sold goods, the seller is not liable for defects corresponding to the degree of use or wear so far. In case of items sold at a lower price, the seller is not liable for defects due to which the lower price was agreed.
If an item has a defect which imposes an obligation of the seller and if it is an item sold at a lower price or a used item, the buyer has the right to an adequate discount instead of an exchange of the item.
2) Statutory rights arising due to defects
The seller is liable for defects appearing after the acceptance of goods during a 24-month warranty period or during the time of usability presented in advertising, on package or in the accompanying instructions.
During that period, the buyer can set up a claim and, in case of a defect which represents a significant breach of the contract (regardless, whether the defect is removable or non-removable), he/she can request, according to his/her choice:
A serious breach of contract is the one about which the party violating the contract had known at the time of conclusion of this contract or should have known that the other party would not have entered into a contract if it had anticipated this breach.
In the event of a defect which means a minor breach of contract (regardless whether the defect is removable or non-removable), the buyer is entitled to removal of the defect or to a reasonable discount on the purchase price.
If a removable defect occurs repeatedly after repair (the third complaint about the same defect or the fourth one about different defects) or the goods have a higher number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, the exchange of goods, or to withdraw from the contract.
The seller is not responsible for defects caused as a result of normal wear and tear, failure to comply with the instructions for use and an improper interference with the product.
Other rights and obligations of the parties relating to the liability of the seller for defects can be defined by the Complaints Handling Procedure of the seller.
The period needed for the settlement of complaints is extended by the period of time before the buyer delivers all the documents necessary for the settlement of the complaint (parts of goods, other documents, etc.). The seller is obliged to require additional documents from the buyer in the shortest possible time. The deadline is suspended from that date until the delivery of the requested documents made by the buyer.
The provisions of this Article apply to cases where a person who intends to purchase goods from the seller is an entrepreneur.
The provisions of this Article do not apply to cases where a person who intends to purchase goods from the seller is a consumer or a non-entrepreneur.
The rights and obligations of the contracting parties regarding the rights arising from faulty performance are governed by the relevant generally binding regulations, especially § 2099 et seq. of the Law no. 89/2012 of the Coll., the Civil Code.
The buyer is obliged to inspect the goods as soon as possible after the transfer of the risk of damage to the goods.
In case of a personal pick up, the buyer is obliged to inspect the goods immediately upon their acceptance. If a defect of the goods is discovered, the buyer is obliged to immediately notify the seller about the defect at the point of sale. The seller shall remove the discovered and acknowledged defect free of charge and without undue delay by delivering goods or delivering replacement goods instead of the defective ones to the buyer. If it is not possible to immediately remove the defect, the seller shall do so as soon as possible. The seller shall notify the buyer about this term.
When the goods are delivered to the buyer using a shipping service company, the buyer is obliged to set up claim to defects of quantity, type, status (damaged) of the goods within 3 working days from the acceptance of the goods from the shipping service company. In the event that the products are damaged or incomplete, the buyer is obliged to submit a protocol of damage or loss of goods, which is written jointly by the buyer and the shipping service company representative, to the seller. The buyer is obligated to set up claims to defects within the prescribed period from the seller in writing, including the description of the defects and the protocol of damage or loss of the goods. In case of defective goods, the buyer is entitled to request a delivery of replacement goods only if the defective goods are returned to the seller in the original packaging, including the accessories. The seller shall remove the discovered and acknowledged defect free of charge and without undue delay by delivering the missing goods or delivering replacement goods instead of the defective ones to the buyer. If it is not possible to immediately remove the defect, the seller shall do so as soon as possible. The seller shall notify the buyer about this term.
The seller is not liable to the buyer for damages resulting from defective goods.
According to § 1829 paragraph 1 of the Civil Code, the consumer has the right to withdraw from the contract within 14 days. The term for withdrawal is commencing, in the case of:
The withdrawal from the contract must be sent to the seller within the specified period of 14 days. In case of failure to meet the term for withdrawal from the contract, the withdrawal from the contract is ineffective, the purchase contract remains in force and effect and the consumers do not gain any rights from this legal act.
The buyer is entitled to withdraw from the contract anytime before the delivery of goods.
The consumer acknowledges that, in accordance with §1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the delivery of goods that have been adjusted according to the requirements of the buyer-consumer or to his/her person, as well as from the purchase contract for the delivery of goods in a sealed package that the consumer has taken out of the package and they cannot be returned for hygienic reasons.
"WARNING - PROTECTORS“
Protectors are goods that are packaged in a hygienic packaging; it is non-transferable personal protective equipment. In case of damage to the hygienic packaging and use of the goods, it is not possible to withdraw from the contract within 14 days and to return the goods in accordance with § 1837 letter g) of the Act no. 89/2012 of the Coll., the Civil Code for hygienic reasons. A used protector is sweaty and therefore not transferable to another person. Such used goods cannot be sold to another customer for hygienic reasons.
"Example: A consumer had bought a jockstrap and took part in a boxing tournament using it. After the tournament he wanted to withdraw from the contract within 14 days period according to § 1829 paragraph 1 of the Civil Code and wanted to return the jockstrap. In this case, however, the right to withdraw from the contract within 14 days cannot be used with reference to § 1837 letter g) of the civil Code, because the hygienic packaging has been damaged and the goods have been used. Such goods cannot be sold to another customer for hygienic reasons."
In case of withdrawal from the contract, the purchase contract has been void from the beginning and the consumer is obliged to return the undamaged goods to the seller, without any signs of use or wear, if possible in the original packaging with all the accessories within 14 days from the withdrawal from the contract to the seller's address: BAIL-SPORT Ltd., Válcovní 1841/31, 703 00 Ostrava-Vítkovice.
In case of withdrawal from the contract under this Article of the Terms of Trade, the seller shall return the funds received from the consumer within 14 days from the withdrawal from the contract made by the buyer, including the costs of delivery the seller has received from the buyer under the contract it the same way. The consumer bears the additional costs of delivery of goods resulting from the method of delivery of the goods chosen by the consumer, which is different from the least expensive type of standard delivery of goods offered by the seller. The seller may agree with the buyer - consumer to make a refund in another way only if the consumer agrees with that and if it does not result in additional costs to the seller.
In case of withdrawal from the contract under this Article of the Terms of Trade, the consumer will bear the cost of returning the goods and, in the case of a contract concluded by means of distant communication, the consumer shall bear the cost of returning the goods if they cannot be returned using the usual postal service. The seller can offset its actual cost of returning the goods in the purchase price to be refunded to the buyer.
If the consumer withdraws from the contract under this Article of the Terms of Trade, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller or proves that the goods have been sent to the seller.
If a gift is provided to the buyer together with the goods, a deed of gift between the buyer and the seller is concluded with conditions of cancellation stating that in the event of a withdrawal from the contract made by the purchaser-consumer, a deed of gift regarding such a gift loses its effectiveness and the buyer is also obliged to return the gift along with the goods to the seller.
In case of withdrawal from the contract under this Article of the Terms of Trade and the subsequent return of goods, this is not a free rental of goods. If the consumer returns goods that are damaged, worn or destroyed, or consumed to the seller, the seller may exercise the right to compensation from the consumer. The seller has the right to offset the title to compensation for damages against the title of the seller to the refund of the purchase price.
The right to withdrawal from the contract under this Article of the Terms of Trade is not primarily intended for dealing with complaints regarding goods.
The buyer can use a sample form to withdrawal from the contract - add a link to the form
The buyer agrees with the use of the means of distance communication during the conclusion of a purchase contract. The costs arising to the buyer when using the means of distance communication in relation to the conclusion of a purchase contract (cost of internet access, costs of phone calls) are borne by the buyer, and these costs do not differ from the standard rate.
The buyer agrees that the provided personal data are processed by the seller and saved in accordance with Act no. 101/2000 of the Coll, on Personal Data Protection (for the purpose of performance of the subject of the contract). The buyer has the right to be informed what personal data about him/her are recorded by the seller, and he/she is entitled to change the data, or to express disapproval with their processing. The supervision over the personal data protection is exercised by the Office for Personal Data Protection.
The seller commits not to provide the personal data of the buyer to third parties other than the contractual carrier used for the delivery of goods.
The seller is entitled to send the buyer business announcements, until the buyer asks the seller to discontinue the sending.
The buyer can make this announcement to the electronic address acquired in connection with the performance of the contract, without any costs arising to the buyer as a result of that.
An out-of-court settlement of consumer complaints is provided by the seller via its electronic address dvorak@bail.cz. The information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address.
The seller is entitled to sell goods on the basis of valid trade licenses and incorporation into the Register of Companies. The trade inspection is carried out within the authority of the competent Trade Licensing Office.
Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection.
Supervision over the compliance with Act no. 634/1992 of the Coll., on Consumer Protection, as amended, is performed by the Czech Trade Inspection.
These Terms of Trade are valid as stated on the website of the seller on the date of the conclusion of a purchase contract. The provisions of the legal rights for consumers apply only to the buyer in the position of consumer.
The order of the consumer, once it has been confirmed, serves as the purchase contract concluded between the buyer and the seller, and it is archived in order to provide the performance and further recording and its state is accessible to the buyer.
The buyer hereby accepts the risk of the change of circumstances within the meaning of § 1765 paragraph 2 of the Act no. 89/2012 of the Coll., the Civil Code.
A contract can be concluded in the Czech language or in other languages, if this does not represent a reason for the impossibility of its conclusion.
These terms come into effect on 1st September 2015.
