- These general Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll.,
the Civil Code (hereinafter referred to as the "Civil Code")
Fencl rybářské potřeby s.r.o. (Fencl Fishing Tackle Ltd.)
COMPANY ID: 07417977
TAX ID: CZ07417977
registered office: nám. ČSA 68, 333 01 Stod, Czech Republic
registered at the Regional Court in Pilsen, file number C 36774
telephone: +420 602 834 081
(hereinafter referred to as "Seller")
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer or in the course of their business activity (hereinafter referred to as the "Buyer") through a web interface located on the website available at www.Fenclrybarskepotreby.cz (hereinafter referred to as the "Webshop").
- The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Differing arrangements in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Agreement are drawn up in the Czech language, which language shall be controlling in all respects.
Information about goods and prices
- Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the online store catalogue. The prices of the goods include value added tax, all related fees and costs of returning the goods if the goods by their nature cannot be returned by normal post. The prices of the goods remain valid as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract under individually negotiated conditions.
- All presentation of goods placed in the catalog of the online shop is informative and the Seller is not obliged to conclude a purchase contract regarding these goods.
- Information about the costs associated with the packaging and delivery of goods is published in the online shop. Information about the costs associated with the packaging and delivery of the goods specified in the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- Discounts to the purchase price of the goods cannot be combined, unless the Seller and the Buyer agree otherwise.
Order and conclusion of the purchase contract
- Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (for example, the cost of an internet connection or the cost of telephone calls) are borne by the Buyer. These costs do not differ from the standard rate.
- The Buyer orders the goods in the following ways:
- through their customer account, if they have previously registered in the online shop,
- or by filling in the order form without registration.
- When placing an order, the Buyer selects the goods, number of items, payment method and delivery.
- Before sending the order, the Buyer is allowed to check and change the data they have entered into 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. A condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the Buyer that they are familiar with these Terms and Conditions.
- Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address specified by the Buyer when ordering. This confirmation is automatic and is not considered to be a contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase contract is concluded only after acceptance of the order by the Seller. Notice of acceptance of the order is delivered to the Buyer's e-mail address. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address specified by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase contract is concluded by the Seller sending a confirmation of the order to the Buyer's e-mail address.
- If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded by the Buyer's confirmation of acceptance of this offer to the Seller at their e-mail address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel the order up to the time when the Buyer is notified of the acceptance of the order by the Seller. The Buyer may cancel the order by telephone or e-mail, using the telephone number and e-mail of the Seller specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the part of the Seller when placing the price of the goods in the online shop, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price. The Seller will inform the Buyer of the error without undue delay and send the Buyer an amended offer to their e-mail address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded by the confirmation of acceptance by the Buyer to the Seller's e-mail address.
- Based on the Buyer's registration made in the online shop, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
- When registering for a customer account and ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data specified in the User Account if any change occurs. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
- Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer does not use their user account any longer, or if the Buyer breaches their obligations under the purchase contract and these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of hardware and software equipment of third parties.
Conditions of payment and delivery
- 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 in the following ways:
- by wire transfer to the Seller's bank account: 285588492/0300, maintained by ČSOB for domestic payments, or for payments from Slovakia to the bank account of the Seller 285762956/0300 maintained by ČSOB.
- Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of the goods.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
- In the case of payment through the payment gateway, the Buyer follows the instructions of the respective electronic payment provider.
- 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 bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
- According to the Act on Registration of Sales, the Seller is obliged to issue a receipt
to the Buyer. At the same time, they are obliged to register the received sales with the tax administrator online, in case of technical failure then within 48 hours at the latest.
- The goods are delivered to the Buyer:
- to the address specified by the Buyer at the time of order
- The choice of delivery method is made at the time of the ordering of the goods.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
- If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. If the packaging is found to be broken, indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
- The Seller issues a tax document – invoice to the Buyer. The tax receipt is sent to the Buyer's e-mail address and is also attached to the delivered goods.
- The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by accepting the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to accept the goods but did not do so in violation of the purchase contract.
Withdrawal from the contract
- The Buyer, who concluded the purchase contract outside their business activity as a consumer, has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of goods (if the subject of the contract is several types of goods or delivery in several parts)
- or from the date of receipt of the first delivery of goods (if the subject of the contract is regular repeated delivery of goods).
- The Buyer may not withdraw from a Purchase Agreement concluded regarding the following goods/services:
- the provision of services if they were fulfilled with their prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such a case they have no right of withdrawal,
- the delivery of goods or services, the price of which depends on fluctuations in the financial market beyond the control of the Seller and which may occur during the withdrawal period,
- the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations of the financial market independent of the will of the Seller,
- on the delivery of goods that have been modified according to the Buyer's wishes or for their person,
- the delivery of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
- delivery of goods in sealed packaging that the Buyer has removed from the packaging and cannot be returned for hygienic reasons,
- the delivery of an audio or video recording or computer program if the original packaging has been opened.
- the delivery of newspapers, periodicals or magazines,
- the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such a case they have no right of withdrawal,
- and in other cases specified in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.
- To withdraw from the Purchase Agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Agreement to the Seller's e-mail or mailing address specified in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without delay.
- The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.
- If the Buyer withdraws from the contract, the Seller shall immediately, but no later than 14 days after the withdrawal from the contract, return all funds, including delivery costs, received from them in the same manner. The Seller shall return the funds received to the Buyer in a different manner only if the Buyer agrees and if additional costs are not incurred.
- If the Buyer has chosen a method of delivery other than the least expensive offered by the Seller, the Seller will refund to the Buyer the cost of delivery of the goods in the amount corresponding to the least expensive offered method of delivery.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that they sent the goods to the Seller.
- The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally offset the claim for damages incurred on the goods against the Buyer's claim for refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Agreement due to sell-out of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract in the same manner or in a manner specified by the Buyer within 14 days of the notification of withdrawal from the Purchase Agreement.
Rights against defective performance
- The Seller is responsible to the Buyer to provide goods that are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took delivery of the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an arrangement, have the characteristics described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising of them,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with legal requirements.
- If a defect becomes apparent within six months of receipt of the goods by the Buyer, the goods are deemed to have been defective at the time of receipt. The Buyer is entitled to exercise their rights against defective performance regarding a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when received by the Buyer, or if it arises from the nature of the goods.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request:
- an exchange for new goods,
- repair of the goods,
- a reasonable discount on the purchase price or
- withdrawal from the contract.
- The Buyer has the right to withdraw from the contract
- if the goods have a material defect,
- if the item cannot be properly used due to repeated occurrence of defects or defects after repair,
- if the good have multiple defects.
- The Seller is obliged to accept the complaint at any establishment at which acceptance of the complaint is possible, or at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
- The Seller or their authorized employee makes a decision about simple cases immediately. In complex cases this may take up to three working days. This period of time does not include a reasonable period of time required for expert assessment of the defect, depending on the type of product or service. The complaint, including the correction of the defect, must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. Failure to comply with this time limitation is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered the moment when the expression of the will of the Buyer to exercise their rights against defective performance is delivered to the Seller.
- The Seller shall inform the Buyer in writing of the result of the complaint.
- The Buyer forfeits their rights against defective performance if the Buyer knew before taking possession of the item that the item had a defect or if the Buyer caused the defect themselves.
- In the event of a legitimate complaint, the Buyer has the right to reimbursement of the costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiration of the warranty period.
- The Buyer has the choice of method of registering a complaint.
- The rights and obligations of the parties regarding the rights against defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
- The Parties may deliver all written correspondence to each other by electronic mail (e-mail).
- The Buyer delivers correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in their customer account or in the order.
Out-of-court dispute resolution
- Disputes between the Buyer and Seller will be handled out-of-court by The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://www.coi.cz/en/information-about-adr/. The ODR platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
- 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 pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the Online Settlement of Consumer Disputes).
- The Seller is entitled to sell the goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
- All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
- 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.
- All rights regarding the Seller's website, in particular copyright of the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for any errors arising from interference of third parties in the online shop or from any use contrary to its purpose. When using the Online Shop, the Buyer shall not use procedures that could negatively affect its operation and shall not engage in any activity that could allow the Buyer or a third party to tamper with or make unauthorized use of the software or other components constituting the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose.
- The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may amend or supplement the Terms and Conditions. This provision shall not affect the rights and obligations arising during the validity period of the previous version of the Terms and Conditions.
- A sample withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on 1 January 2023.