Miroslav Kantor - TacticalPro.cz, registered office: Na Olšinách 366/5, 737 01, Český Těšín, Identification number: 15442977, VAT number: CZ6310111852, registered in the trade register kept by the Český Těšín Municipal Office, Ref. no.: ŽÚ/2388/2010/Ras/3, Sp. mark: ŽÚ/2388/2010/Ras for the sale of goods through an online store located at the internet address www.tacticalpro.cz.
1. Introductory provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the merchant Miroslav Kantor - TacticalPro.cz, registered office: Na Olšinách 366/5, 737 01, Český Těšín, Identification number: 15442977, VAT number: CZ6310111852, registered in the trade register kept by the Český Těšín Municipal Office, Ref. no.: ŽÚ/2388/2010/Ras/3, Trade mark: ŽÚ/2388/2010/Ras (hereinafter referred to as the "Seller"), govern the mutual rights and obligations of the contracting 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 or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the seller at the internet address www.tacticalpro.cz, via a web interface (hereinafter referred to as the "web interface of the store").
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.tacticalpro.cz (hereinafter referred to as the "Website") and other related legal relationships. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business activities when ordering goods.
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 contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. User account
2.1. Based on the buyer's registration on the website, the buyer can access information about currently sold products and use the granted discount on the ordered goods.
2.2. The Buyer may order goods from his/her user interface (hereinafter referred to as the "user account"). The Buyer may also order goods without registration directly from the store's web interface.
2.3. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.4. Registration on the website is only allowed to persons over 15 years of age.
2.5. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
2.6. The Buyer is not entitled to allow third parties to use the user account.
2.7. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for a longer period of time, or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).
2.8. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. Conclusion of the purchase contract
3.1. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The offer to sell goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store and the period of a limited-time campaign has not expired, if it was part of such a campaign. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. All offers to sell goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
3.2. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the buyer fills out the order form in the store's web interface. The order form contains, in particular, information about:
3.3.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface),
3.3.2. the method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods and
3.3.3. information about the costs associated with the delivery of 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, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will 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").
3.5. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.6. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously materially breached their obligations towards the Seller.
3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself.
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 using the methods offered in the order form, unless the Seller offers other methods.
4.2. 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, the purchase price also includes the costs associated with delivery of the goods.
4.3. The Buyer has the option to pay the purchase price for the goods to the Seller in any of the following ways:
- payment in cash or by credit card to the courier service employee - when sending goods on delivery
- by bank transfer in advance to the Seller's account no. 2400092388/2010, for payments in EUR account: IBAN: CZ7420100000002600092390, SWIFT: FIOBCZPPXXX (hereinafter referred to as the "Seller's Accounts")
4.4. In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, especially in the event that the Buyer does not confirm the order additionally (Article 3.5), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after the goods are delivered to the buyer or sent in electronic form to the buyer's electronic address.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that, according to the provisions of Section 1837 No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the Buyer's wishes, among other things.
5.2. Unless it is a case specified in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send withdrawal from the purchase contract, among others, to the address of the seller's business premises or to the seller's e-mail address info@tacticalpro.cz.
5.3. In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) working days from the date of sending the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.
5.4. Within three (3) days of the return of the goods by the buyer pursuant to Article 5.3 of the Terms and Conditions, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within fourteen (14) days in the same manner in which the Seller received it from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, if 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 funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Entrepreneur.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller shall be entitled to unilaterally offset the claim for compensation for the damage incurred against the Buyer's claim for a refund of the purchase price.
5.7. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the consumer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
6. Transport and delivery of goods
6.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that the method of transport is agreed upon based on the buyer's request, 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 to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. When accepting 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, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. Rights in case of defective performance
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer for the fact that the item sold is in compliance with the purchase contract, in particular that it is free from defects. Compliance with the purchase contract means that the item sold has the quality and useful properties required by the contract, described by the Seller, the manufacturer or its representative, or expected on the basis of advertising carried out by them, or the quality and useful properties usual for an item of this type, that it complies with the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree 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.
7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.
7.5. The buyer shall exercise rights arising from defective performance at the seller's address: Na Olšinách 366/5, 737 01, Český Těšín. The moment of filing a complaint is considered to be the moment when the seller received the goods complained of from the buyer.
7.6. Complaints procedure
7.6.1. The Complaints Procedure regulates the method and conditions of complaints about defects in goods and the exercise of claims under the quality guarantee by the consumer, in accordance with the provisions of the Civil Code and Act No. 634/1995 Coll., the Consumer Protection Act, as amended.
7.6.2. For all goods sold by the Seller to the Buyer who is a consumer, the Seller is liable to the Buyer for the goods being free from defects upon receipt and for the consumer goods not to develop defects within 24 months of receipt of the goods by the Buyer.
7.6.3. If during the warranty period (in the case of a quality guarantee) or during the period according to the previous paragraph a defect occurs in the goods, due to which the purchased product cannot be used properly and this defect can be removed, the Buyer has the right to have it repaired free of charge. In the case of a removable defect in an unused product, the Buyer has the right to demand the replacement of the defective product with a flawless one instead of removing the defect. In the case of a removable defect, the Buyer also has the right to a reasonable discount on the purchase price. In the case of a defect that cannot be removed and that prevents the goods from being used properly as goods without defects, the Buyer has the right to exchange the goods, to a reasonable discount on the purchase price or to withdraw from the purchase contract. The Buyer does not have rights from defective performance if the Buyer knew about the defect before taking over the goods, or if he caused the defect himself. The Buyer has no right to withdraw from the purchase contract or to demand the delivery of a new item if he cannot return the item in the condition in which he received it, except in cases stipulated by law. If the Buyer does not withdraw from the purchase contract or does not exercise the right to delivery of a new item without defects, to replace a part of it or to repair the item, he may demand a reasonable discount on the purchase price. The Buyer has the right to a reasonable discount even if the Seller cannot deliver a new item without defects, replace a part of it or repair the item, as well as if the Seller does not remedy the problem within a reasonable time or if remedying the problem would cause the Buyer considerable difficulties.
7.6.4. The Buyer is obliged to file a complaint with the Seller without undue delay after discovering the defect. Received complaints are handled without undue delay, but no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree otherwise.
7.6.5. The date of filing a complaint is the day the goods were delivered to the Seller's address.
7.6.6. The warranty and claims for liability for defects do not apply to goods for which a complaint was made after the expiry of the specified warranty period, nor to wear and tear of the goods caused by their use. The warranty and claims for liability for defects do not apply to defects caused by incorrect use, failure to follow the instructions, improper maintenance or incorrect storage. For used goods, the Seller is not liable for defects corresponding to the degree of previous use or wear and tear; for goods sold at a lower price, the Seller is not liable for a defect for which a lower price was agreed; instead of the right to exchange, the Buyer has
in cases according to this sentence, the right to a reasonable discount.
7.6.7. A complaint can be made in the following way:
- Informing the Seller by phone, email or in writing.
- To notify a complaint, the Buyer can use the complaint protocol, which will be sent to his/her e-mail address.
- Delivery of the claimed goods to the address of the Seller's place of business (or the person designated for repair). When sending, the Buyer is obliged to pack the goods in suitable packaging so as to prevent damage or destruction. A copy of the delivery note or invoice with a description of the defect and a proposal for resolving the complaint must be attached to the goods.
7.6.8. The Seller is not liable for personal injury or damage to property or goods caused by improper handling or misuse of the goods, or negligence.
8. Other rights and obligations of the contracting parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the store without authorization.
8.3. When using the web interface of the store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the store. The web interface of the store may only be used to the extent that it does not prejudice the rights of other customers of the Seller and is in accordance with its purpose.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: http://www.coi.cz, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract.
8.5. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
8.6. The Buyer acknowledges that the Seller is not responsible for errors arising from third party interference with the website or from the use of the website contrary to its intended purpose.
8.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
9. Protection of personal data and sending of commercial communications
9.1. The protection of the personal data of the buyer or any other user of the website, including the conditions for sending commercial communications, is governed by the rules for handling personal data.
10. Use of cookies
10.1. The website uses so-called cookies. Cookies are small data files that are temporarily stored on your computer's hard drive.
11. Delivery
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through a postal service provider (at the sender's choice). The Buyer is delivered to the e-mail address specified in his user account.
12. Final provisions
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations. Any disputes can also be resolved out of court. In such a case, the buyer can contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection, or resolve the dispute online via the designated ODR platform, which is available at https://webgate.ec.europa.eu/odr/. Before proceeding to out-of-court dispute resolution, the seller recommends that the buyer first contact the seller to resolve the situation.
12.2. The Seller is authorized to sell goods on the basis of a trade license and the Seller's activities are not subject to any other licensing. Trade license inspection is carried out within the scope of its competence by the relevant trade license office.
12.3. 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 comes 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 purchase contract or Terms and Conditions shall be in writing.
12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.5. Seller's contact details: delivery address: Na Olšinách 366/5, 737 01, Český Těšín, e-mail address: info@tacticalpro.cz. Further contact details are available at www.tacticalpro.cz
In Český Těšín, on 22 May 2018