Terms and Conditions
MEFO SPORT CENTRUM s.r.o.
with registered office: Jinín 60,CZ-386 01 Strakonice
ID NO.: 62415638
1. Introductory provisions
1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of MEFO SPORT CENTRUM s.r.o., with its registered office at Jinín 60,CZ-38601 Strakonice, ID No.: 62415638, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 12878 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (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 www.mefoshop.com (hereinafter referred to as "eshop").
1.2 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.
1.3 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 his business or profession when ordering goods. In particular, as a non-consumer, a legal person does not have the right to withdraw from the contract without giving any reason.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech/Slovak/English language. The Purchase Contract can be concluded in Czech/Slovak/English.
1.5 The terms and conditions for the final customer (private person) are governed by the statutory regulations. The terms and conditions for legal entities (entrepreneurs with an ID number) are governed by individual terms and conditions. Provisions deviating from the terms and conditions may be agreed in a separate wholesale contract.
1.6 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 validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1 Based on the registration of the Buyer made on the e-shop, the Buyer can access his user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "user account"). If the e-shop allows it, the Buyer can also order goods without registration directly from the e-shop.
2.2 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 whenever it changes. The information provided by the Buyer in the user account and when ordering goods 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 the confidentiality of the information necessary to access his 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 12 months 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 third party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods on the e-shop is for information purposes only and the Seller is not obliged to conclude a purchase contract in respect of these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The e-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. The prices of the goods remain valid for as long as they are displayed on the eshop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The e-shop also contains information on the costs associated with the packaging and delivery of the goods. In order to order goods, the buyer shall fill in the order form on the e-shop. The order form contains in particular information about:
3.3.1. the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the e-shop),
3.3.2. the method of payment of the purchase price of the goods, details of the desired method of delivery of the ordered goods and
3.3.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.4.Before sending the order to the Seller, the Buyer is 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 made when entering data into the order. The Buyer sends the order to the Seller by clicking on the "BUY" button. The data 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 account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.5 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).
3.6 The contractual relationship between the Seller and the Buyer shall be 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.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
0 in cash at the Seller's premises at Jinín 60,38601 Strakonice;
0 in cash on delivery at the place specified by the Buyer in the order;
0 by wire transfer to the Seller's account no. 1387964115/2700, (hereinafter referred to as the "Seller's account");
0 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 in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 In the case of cashless 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.
4.4 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
If it is customary in the course of business or if it is provided for 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 liable for value added tax
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer (a non-business natural or legal person) has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, and in the event that 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. When withdrawing from the contract in accordance with Section 1829(1) of the Civil Code, the goods must not be used and must be in their original packaging. The withdrawal 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 email@example.com or firstname.lastname@example.org.
5.2 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 must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.3 In the event of withdrawal from the Purchase 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 Purchase 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 seller.
5.4 The Seller shall be 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.
5.5 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods on delivery.
6.2 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.3 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 that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an 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,
7.2.2. 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,
7.2.3. 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,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 If a defect becomes apparent within six months of acceptance, the goods shall be deemed to have been defective upon acceptance.
7.4 The Seller shall have obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance continue. The buyer is otherwise entitled to assert a right under a defect that occurs in the consumer goods within twenty-four months of acceptance. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the time limit for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
7.5 The provisions referred to in Article 7.4 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 wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
7.6 The rights of liability for defects in the goods shall be asserted against the seller. However, if the certificate issued to the seller regarding the scope of the rights of liability for defects (within the meaning of § 2166 of the Civil Code) indicates another person designated for repair, which is in the place of the seller or in a place closer to the buyer, the buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with 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 a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
7.7 The Buyer may specifically exercise his rights under the liability for defects in the goods in person at Jinín 60,38601 Strakonice by e-mail at email@example.com.
7.8 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that turns out to be irreparable.
7.9 If the goods do not have the characteristics set out in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.
7.10. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
7.11 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
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 Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The Czech Trade Inspection Authority, with its registered office at 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 the 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.
8.5 The European Consumer Centre Czech Republic, located 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).
8.6 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. 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.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public obligations by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer agrees to the sending of commercial communications by the Seller to the Buyer's e-mail address or telephone number in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2 The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.
11.1 The Buyer may be served at the Buyer's electronic address.
12. FINAL PROVISIONS
12.1 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. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2 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.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
12.5 Contact details of the Seller: address for delivery:
MEFO SPORT CENTRUM s.r.o., Jinín 60, 38601 Strakonice,
e-mail address email@example.com; firstname.lastname@example.org; email@example.com,
telephone +420 721 651 400,+420 603 811 714, +420 736 164 904.
Personal data protection - GDPR
The controller of personal data according to No. 4 point 7 of the Regulation (EU) 216/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is MEFO SPORT CENTRUM s.r.o., ID No.: 62415638, with registered office in Jinín 60,38601 Strakonice (hereinafter: the controller)
Contact details of the controller:
MEFO SPORT CENTRUM s.r.o.
Jinín 60, 386 01 Strakonice
Reason and purpose of processing personal data
- We collect the data necessary for the conclusion of the purchase contract and the delivery of the shipment, i.e. name, surname, address, telephone and email, in the case of an entrepreneur, VAT number and VAT number.
- We need the data in order to send you the ordered goods, the email is needed to confirm the order, the address for delivery and the phone is needed by the carrier to inform you about the delivery of the parcel.
- If you do not provide us with the data, it is not possible to send you the parcel. The only way for you to receive the goods is to come in person to our shop in Jinin or Srbin and purchase the goods anonymously.
- If you are interested in receiving marketing offers (various discount promotions) without your explicit consent, you will definitely not receive any mail from us. You can withdraw your consent at any time.
Method of data protection
- All data is stored on a secure computer protected by the ESET antivirus program, and only authorized employees have access to the data after entering the secured access data. All company premises are protected by electronic security.
The controller declares that only persons authorised by him have access to personal data.
Your rights in relation to the protection of personal data
- You can ask what data we process about you and why. You may wish to correct or delete your data, but only if the law allows us to do so (retention of tax documents).
- We have the right to refuse or charge for repeated requests or requests that require excessive effort.
- You may withdraw your consent to receive marketing offers at any time.
Jana Wolfschläger v.r.
Name and surname:
(email, phone number):
MEFO SPORT CENTRUM s.r.o.
Jinín 60 , CZ 386 01 Strakonice
Registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 12878
Notice of withdrawal from the purchase contract
On ............................... I ordered goods on your website/online shop www.mefoshop.com according to order number - ................. or tax document (invoice) number ............
(If you are returning part of the delivery - please list which goods you are returning).
On the basis of Section 1829 (1) in conjunction with Section 1818 of Act No. 89/2012 Coll., Civil Code, I exercise my legal right and withdraw from the purchase contract concluded via the Internet, which concerns the above goods, which I am sending back, and at the same time I ask you to transfer the purchase price according to the above invoice to my bank account number
no later than 14 days after receipt of this withdrawal and return the goods.
Name and surname of the consumer