Terms and conditions

Contents of the document

I. Elementary Provisions

II. Purchase Contract 

III. Rights of Defective Performance

IV. Withdrawal from the Contract by the Purchaser who is a Consumer

V. Withdrawal from the Contract by the Purchaser who is an Entrepreneur

VI. Donation Certificates

VII. Personal Data Protection

VIII. Out-of-court Dispute Settlement

IX. Guarantee Claim Guidelines

X. Guarantee Conditions

XI. Guarantee Claim Settlement

XII. Prices, Bonus Points

XIII. Payment and Delivery Conditions

XIV. Costs for Usage of Remote Telecommunication Means

XV. Personal Data Protection and Processing

XVI. Final Provisions

 

I. Elementary Provisions

These Terms and Conditions (hereinafter referred as TC) regulate the relations between the contract parties where the company RADANSPORT, s.r.o., company registration number: 26098806, tax identity number: CZ6098806, with the registered office in Za Otýlií 10, 370 01 České Budějovice, registered in the Commercial Register kept by the Regional Court in České Budějovice, in section C, insertion 13871, is there as the seller on one side and there is a purchaser on the other side.

 

The purchaser is a consumer or an entrepreneur.

The consumer is a natural person who does not run any business or other trade activity or perform any independent occupation when making and performing the Purchase Contract with the seller. The legal relations of the seller with the consumer explicitly not regulated by these TC are regulated by appropriate provisions of the law No. 89/2012 Sb., Civil Code and law No. 634/1992 Sb., on consumer protection, both as amended, as well as relevant legislation.

 

The entrepreneur is a person who is not a consumer and makes the Contract in connection with a business, producing or similar activity or independent performance of occupation, or eventually a person acting on behalf of or on account of an entrepreneur, especially as follows:

• person registered in the Commercial Register,

• person who runs a business upon the Trade Licence,

• person who runs a business upon a different licence than the Trade Licence according to special regulations.

 

The legal relations between the seller and the purchaser, who is an entrepreneur, neither explicitly regulated with these TC nor with a contract between the seller and the purchaser follow the appropriate provisions of the law No. 89/2012 Sb. and the law No. 90/2012 Sb., as well as the related regulations.  

The purchaser confirms by sending the order that he became acquainted with these TC of which the Guaranteed Claim Guidelines (see the following chapter) are an undivided part, and that he agrees therewith, in wording which is valid and effective at the moment of sending the order.

The purchaser is aware of the fact that if he buys the products placed in the trade offer of the seller no rights to use registered trademarks, business names company logos or patents of the seller or other companies will arise unless otherwise agreed with an extra contract.

 

 

II. Purchase Contract

If the purchaser is a consumer the draft of the Purchase Contract (the bid) is the placing of the offered goods by the seller on the pages www.e-sportshop.cz. The Purchase Contract is made when the consumer sends the order and the seller accepts it. The seller confirms this acceptance with an informative e-mail without delay at the given e-mail, however this confirmation does not influence the formation of the Contract. The made Contract (including the agreed prices) can be altered or cancelled only upon an agreement of the parties or upon legal reasons.  

Before sending the order to the seller, the purchaser is able to check and change the data inserted into the order, also considering the option of the purchaser to find out and correct the mistakes made during inserting the data into the order. The purchaser sends the order to the seller by clicking on the taste „Odeslat objednávku" (send the order).

The seller reserves beside others the right to cancel the order or one part thereof before making the Contract upon an agreement with the purchaser in the following cases: the goods are not produced or delivered any more, or the prices from the supplier of goods have been changed significantly. In case that the purchaser has already paid the whole amount of the purchase price or a part thereof this amount will be transferred back onto his account of at his address and the Purchase Contract will not be made.

Considering the presents which are provided fully free of charge, no consumer rights can be applied. Such goods meet the conditions of a Donation Contract and all standards according to the valid legislation of the Czech Republic.

If the purchaser is an entrepreneur the draft of the Purchase Contract is the posted order of goods from the purchasing businessman and the Purchase Contract as such is made at the moment when the binding agreement of the seller with this draft is delivered to the purchaser.

 

Relations and potential disputes formed upon this Contract will be settled exclusively in accordance with the valid law of the Czech Republic and by the courts of the Czech Republic. This does not refer to cases in which the purchaser is a consumer with a permanent address in other state than the Czech Republic and the choice of law or prorogation of a court is not admissible.

The Contract is made in the Czech language. If a translation of the Contract wording is made for the needs of the purchaser only the interpretation of the Contract in the Czech language is effective in case of a dispute.  

 

 

III. Rights of Defective Performance

The rights and obligations of contractual parties concerning the rights of defective performance follow the appropriate generally binding regulations (especially provisions of section 1914 to 1925, section 2099 to 2117 and section 2161 to 2174 of law No. 89/2012 Sb., Civil Code).

The seller is liable to the consumer for the fact that the thing does not have any defects when it is handed over. The seller is liable to the consumer especially for the fact that at the moment when the consumer received the thing,

   • the thing is of qualities agreed by the parties; if there is no agreement, qualities described by the seller or producer, or expected by the purchaser with respect to the kind of the goods and upon an advertisement performed by them,

   • the thing is appropriate for the purpose mentioned by the seller for the usage thereof or for which the thing of this kind is usually used,

   • the thing complies as for the quality or design with the agreed specimen or model if the quality or design were estimated according to an agreed specimen or model,

   • the thing is in adequate amount, measure or weight and

   • the thing meets the requirements of legal regulations.

If the thing fails to be of the mentioned qualities the consumer can require the delivery of a new thing without the defect if this is considering the kind of the defect appropriate but if the defect relates only to a part of the thing the consumer can require only the exchange of the part; if this is not possible he can withdraw from the Contract. If this is considering the kind of the defect inappropriate especially if the defect can be removed without undue delay the consumer asserts the right to have the defects of the thing repaired free of charge. The consumer has the right to obtain a new thing or exchange a part thereof also in case that the defect is removable if he cannot use the thing properly because of repeated appearance of the defect after the reparation or because of a larger number of defects. In such case the consumer has the right to withdraw from the Contract.

If the consumer fails to withdraw from the Contract or fails to assert the right to delivery of a new thing without defects, exchange of a part thereof or reparation of the thing, he can require an appropriate price reduction. The consumer has the right to get an appropriate price reduction also in case that the seller cannot deliver a new thing without defect, exchange a part thereof or repair the thing as well as if the seller does not rectify it within appropriate time or if the rectification could cause considerable troubles to the consumer.  

The purchaser is deprived of the right of defective performance if the purchaser knew before taking over the thing that there was a defect at the thing or if the purchaser caused the defect himself. The purchaser is deprived of the right of defective performance if this was agreed explicitly considering the price and kind of goods.  

The consumer is entitled to assert the right of defective performance which arises at consumer goods within twenty-four months since he took them over. If the defect arises within six months since it was taken over it appears that the thing was defective already at the time when it was taken over.

 

 

IV. Withdrawal from the Contract by the Purchaser who is a Consumer

If the Purchase Contract is made with the means of remote communication (in the internet store) the consumer has the right to withdraw from the Contract in compliance with section 1829 paragraph 1 of the Civil Code within 14 days since he took over the goods without stating any reason (in case that the subject matter of the Purchase Contract consists of several kinds of goods or delivery of several parts thereof the period starts to run on the day when the last delivery of goods is taken over). The withdrawal from the Purchase Contract must be delivered to the seller within the period stated in the previous sentence.

The purchaser bears all expenses of returning the goods.

The consumer can use also the model form provided by the seller to withdraw from the Contract which is an attachment to these Terms and Conditions. The withdrawal from the Contract should be posted at the address:

RADANSPORT, s.r.o., Za Otýlií 10, 370 01 České Budějovice, e-mail:

The purchasing consumer should return complete goods with the complete documentation, not damaged, clean, including the original package in the state and value in which he took it over. In case that the returned goods are incomplete, damaged or used the seller can reduce the returned purchase price by an appropriate amount (in compliance with section 458 paragraph 1 of the Civil Code).

In case that the purchaser withdraws from the Contract according to the previous paragraphs the seller returns the financial means accepted from the purchaser (except for the amount corresponding to the additional costs for delivery of goods incurred due to the way of delivery of goods chosen by the purchaser which is different from the cheapest way of standard delivery of goods offered by the seller) within 14 days since the purchaser the withdrew from the Contract, and in the same way as the seller accepted them from the purchaser unless the purchaser chooses a different way. The seller is also entitled to return the performance provided by the purchaser, already when the purchaser returns the goods, or in any other way if the purchaser agrees therewith and no other costs incur to the purchaser. If the purchaser withdraws from the Purchase Contract the seller is not obliged to return the accepted financial means to the purchaser sooner before the purchaser returns the goods to him or proves that the goods have been posted to the seller.  

The legal provision on withdrawal from the Contract within the period of 14 days, however, cannot be understood as an option how to hire the goods free of charge. In case of application of the right to withdraw from the Contract within 14 days since the goods were taken over, the consumer has to return all what he obtained within 14 days upon the Purchase Contract. If this is not possible well (e.g. the goods were destroyed or consumed in the interim time), the consumer has to provide a financial compensation as a counter value of the goods which cannot be returned any more. If the returned goods are damaged only partly the seller can assert the right of damages at the consumer and set off his claim to the returned purchase price. In this case the seller is obliged to prove the incurred damage. In this case the seller returns to the purchaser only the purchase price reduced this way.

The seller can set off his really expended costs connected with returning the goods to the purchase price to be returned to the purchaser.  

The consumer is deprived of the right to withdraw from the Contract in compliance with provisions of section 1837 of the Civil Code especially in case of the following contracts:

   • on providing services if the performance thereof started upon his consent before the period of 14 days since the performance was taken over expired,

   • on providing services if these were fulfilled with his previous explicit consent before the period for withdrawal from the Contract expired and the seller informed the consumer before making the Contract that he was deprived of the right to withdraw from the Contract in this case,

   • on delivery of goods or service when the price thereof depends on the deviation of the financial market independently on seller´s will and which might occur during the period for withdrawal from the Contract,

   • on delivery of goods which were adjusted according to the wish of the consumer or tailored for his person,

   • on delivery of perishable goods as well as goods which were irretrievably mixed together with other goods

   • on reparation or maintenance provided in the place determined by the consumer on his request; this is not valid in case of subsequent providing of other than required reparations or delivery of other than required spare parts,

   • on delivery of goods in closed package where the consumer took them out of the package and it is not possible to return them for hygienic reasons,

   • on delivery of sound or video record or computer program without disruption of the original package thereof,

   • on delivery of digital subject matter if this was not delivered on a data storage device and it was delivered with previous explicit consent of the consumer before expiration of the period for withdrawal from the Contract and the seller informed the consumer before making the Contract that he was deprived of the right to withdraw from the Contract in this case.

 

If the purchaser decides to withdraw within the given period, to accelerate the settlement of the withdrawal, we recommend to deliver the goods at the address of the seller together with the attached related letter and potential reason for the withdrawal from the Purchase Contract (it is not necessary) together with the number of the purchase document and number of the bank account or information whether the amount will be taken over in cash or whether it will be used for another purchase.

The purchaser takes into consideration the fact that if some presents were provided together with the goods, a Contract of Donation between the seller and the purchaser was made with the condition that if the consumer asserts the right to withdraw from the Contract pursuant to section 53 paragraph 7 of the Civil Code, the Contract of Donation becomes ineffective and the purchaser is obliged to return also the provided presents related to the returned goods. If he fails to return these presents these values will be understood as an unjust enrichment of the purchaser.

If all above mentioned conditions for returning the goods are fulfilled the purchaser is entitled to get back the paid financial amounts connected with returning the goods which will be returned to the purchaser no later than 14 days since the withdrawal from the Contract. If the number of the bank account is not stated the amount will be ready to be drawn for another purchase or for taking over in cash upon submitting the original credit note which will be posted to the purchaser without undue delay after the withdrawal from the Purchase Contract is settled.

The seller reserves his right to cancel the order of goods designated with the label “Unavailable at the moment” in case that it is not possible to deliver the goods or replace them by other models or if the price thereof has been changed significantly and the customer does not accept this before the Purchase Contract is made. The seller will inform the customer about this situation. If the whole amount or a part thereof has already been paid, it will be returned onto the customer’s account.

 

V. Withdrawal from the Contract by the Purchaser who is an Entrepreneur

In case that the purchaser is an entrepreneur, the provisions of section 2001 and following of the law No. 89/2012 Sb., Civil Code are applicable.

 

VI. Donation Certificates

Donation certificates are tokens of value issued by the seller which can be used only for a purchase at the seller. The code on the certificate serves only for technical implementation of the token realisation. In case of withdrawal from the Contract within the period of 14 days or when the purchase is not finished the seller can generate a replacing code to the purchaser. The potential generation of a new code does not change the token of value.

In case of paying with a donation certificate, the moment of the sales is the moment when the goods are dispatched to the purchaser from the point of view of the law on sales registration.

 

VII. Personal Data Protection

The information about customers is kept in compliance with valid laws of the Czech Republic, especially the Law on Personal Data Protection No. 101/2000 Sb., as amended. The purchaser making the Contract agrees with processing and collection of his personal data in the database of the seller for successful performance of the Contract until he expresses his disagreement with this processing in written way.

The purchaser has the right to access to his personal data, the right to correct them, including other legal rights to these data. The personal data can be removed from the database upon a written request of the customer. The personal data of customers are fully secured against a misuse. The seller shall not hand over the personal data of customers to any other person. The exceptions are external freighters to whom the personal data are handed over in a minimal range necessary for the delivery of the goods.

All Contracts are archived by the operator after the realisation thereof in electronic form and are accessible only to the shop operator.  

 

VIII. Out-of-court Dispute Settlement

In case that the purchaser is a consumer living in the European Union and it arrives at a consumer dispute between the seller and the purchaser, the purchaser has the option to use the out-of-court dispute settlement by submitting an application at a body of out-of-court settlement at the internet address: http://www.coi.cz/. The platform for out-of-court dispute settlement can be found at the address: http://ec.europa.eu/consumers/odr.

 

IX. Guarantee Claim Guidelines

The purchaser (entrepreneur as well as consumer) is obliged to become acquainted with the Terms and Conditions (and the Guarantee Claim Guidelines which are a part thereof) before ordering the goods.

A. Agreement with the Guarantee Claim Guidelines

The purchaser agrees with these Guarantee Claim Guidelines by making the Purchase Contract and taking over the goods from the seller.

In case that the purchaser is an entrepreneur, the moment of taking over the goods is when the seller hands over the goods to the purchaser, or to the first freighter. In case that the purchaser is a consumer, the moment of taking over of the goods is when the consumer takes over the goods from the seller, or from the freighter.  

The seller issues a purchase document (invoice or document of sale) as a document on the guarantee (guarantee certificate) with all essentials given by law for assertion of the guarantee.

The seller provides a written guarantee (guarantee certificate) upon a request of the purchaser. The guarantee certificate includes the registered name of the seller, identification number and the registered office. The standard way is, where appropriate, that the seller issues a document of purchase of the thing containing all the mentioned data instead of the guarantee certificate.

If it is necessary considering the provided guarantee, the seller explains the contents of the provided guarantee in the guarantee certificate, he also mentions the range thereof, conditions, validity time and the way how it is possible to assert the claims following from the guarantee. He also states on the guarantee certificate that the rights of the purchaser related to the purchase of the goods are not affected with providing the guarantee.  

The extended guarantee – this guarantee must be always in compliance with the guarantee conditions given by the producer and any relating advertisement and in such case the guarantee certificate always contains the above mentioned essentials and it is issued in compliance with the above mentioned conditions.

B. Guarantee Period

The guarantee period starts to run on the day when the purchaser takes over the goods basically, i.e. on the date stated on the guarantee certificate.

The statutory guarantee period takes 24 months* for the consumer if no special legal regulation states a longer period. The seller can extend this statutory period. The time of the guarantee period is stated on the guarantee certificate (in the column guarantee). The guarantee period consists of the statutory period (24 months) and a potentially extended guarantee period. The guarantee period is extended by the time during which the goods were in the guarantee claim process. If the defect occurs within 6 months since the sale, the goods were defective in the moment of the sale. If the defect occurs later the consumer has to prove the defect of the goods.

The running of the period for processing the guarantee claim is stopped in case that the seller does not obtain all documents necessary for processing the guarantee claim (parts of the goods, other documents etc.). The seller is obliged to ask for complete documents from the purchaser within the shortest possible time. The period is stopped since this date until the requested documents are handed over by the purchaser.

The rights of liability for defective goods to which the guarantee period applies extinguish if they were not asserted within the guarantee period.

If the purchaser is a consumer the guarantee claim within the guarantee period follows the law No. 89/2012 Sb., the Civil Code and the Law No. 634/1992 Sb., on consumer protection, both in valid and effective wording considering the precise statements of these Guarantee Claim Guidelines. In case of the extended period the guarantee claim follows these Guarantee Claim Guidelines exclusively.

 

* The exception can be the goods sold with price reduction (damaged, used, incomplete goods etc., this description is always stated at the goods - if not – the goods are appeared to be new, undamaged and complete). If the purchaser is a consumer and if the things are used, the seller is not liable for the defects corresponding with the extend of usage or wearing which the thing had when it was taken over by the purchaser and the rights of liability for defective goods extinguish if they were not asserted within 12 months since the date of the taking over the thing by the purchaser.

The seller mentions this time on the sale document of the thing and highlights it also at the offered goods. In case of things sold for a reduced price for the reason of a defect or incompleteness the guarantee cannot be applied to the defects for which the reduced price was agreed.  

 

X. Guarantee Conditions

A. The purchaser who is not a consumer is obliged and it is recommended to the purchaser who is a consumer to check together with the freighter the state of the delivery (number of parcels, intact band with the company logo, and damage of the box) according to the attached delivery certificate immediately after delivering it. The purchaser is entitled to refuse to take over the delivery which does not comply with the Purchase Contract in case when the delivery is e.g. incomplete or damaged. If the purchaser takes over the damaged delivery from the freighter it is necessary to describe the damage in the delivering report of the freighter.

B. Incomplete or damaged deliveries are necessary to be reported by the e-mail at the address: obchod@e-sportshop.cz, and it is necessary to write together with the freighter a report on damage and send it without any undue delay per fax, e-mail or per post to the seller. In case of an additional claim of the incompleteness or outer damage of the delivery, the purchaser is not deprived of his right to claim the thing however the seller gets the possibility to prove that this is not the contrary to the Purchase Contract.  

C. The place for asserting the guarantee claim is the registered office of the company RADANSPORT s.r.o., Za Otýlií 10, 370 01 České Budějovice, or if the purchaser is a consumer, it is possible to claim the goods in subsidiaries of the seller in which the goods were purchased (we recommend, however, the above mentioned address to accelerate the settlement of the guarantee claim).

D. The purchaser can send the defective goods for claim through a transport service at the address of the registered office. The complained goods should be secured thoroughly to avoid the damage thereof during the transport, the parcel should be provided with the notice “REKLAMACE” (CLAIM) visibly and contain the complained goods (including all appurtenances), we recommend to attach a copy of the purchase document, detailed description of the defect and sufficient contact data of the purchaser (especially the return address and the telephone number). It is impossible to identify the original and the defect of the goods without the above mentioned essentials. This procedure is recommended also to a purchasing consumer if he does not prove and substantiate the stated facts in another way.

E. The purchaser who is not a consumer proves the validity of the guarantee with submitting the purchase document, if the goods were complained in the past; he also proves the document on the guarantee claim. The acquiring document (purchase or guarantee document) must contain the same serial number as the number of the complained product (if the product is provided with a serial number). This procedure is recommended also for a purchasing consumer unless he proves and substantiates the stated facts in a different way.

F. The guarantee applies neither to defects caused by usage of incorrect or defect program software, incorrect consumption material, nor to potential damage caused as consequences thereof if such usage is unusual and it was not excluded in the attached instructions for use. Furthermore, the guarantee does not apply to damage caused by wrong operation, unqualified or inconvenient handling, using, installation which are in contradiction to the instructions for use or damage caused by effects of the overvoltage in the distribution network (e.g. by flash) with exceptions of common deviations.

G. If the purchaser breaks the protection seal, information label or serial number he takes the risks that the complaint might be refused unless this damage occurs during a common usage. The seals and serial numbers are an undivided part of the product and they do not restrict the customer´s right to use the goods, manipulate therewith in the full range of what the goods are intended to.  

Furthermore the guarantee does not apply to damage caused by (in case that such activity is an unusual activity and is not forbidden in the attached instructions for use):

• mechanical damage of goods,

• electrical overvoltage (visibly burnt parts or flat joints) with exception of common deviations,

• usage of goods in conditions not corresponding to the environment directly intended by the seller or producer concerning the temperature, dustiness, humidity, chemical and mechanical influences,

• unqualified installation, handling, operation or neglecting the maintenance of goods,

• the goods were damaged by excessive load or usage in contrary to conditions stated in the documentation or general principles,

• carrying out unqualified intervention or change of parameters,

• the goods were damaged by natural elements or force majeure.

These restrictions are not valid if the qualities of goods which are in contrary with the above mentioned conditions were explicitly agreed or stipulated by the purchaser and the seller, or declared by the seller and they can be expected regarding the performed advertisement or the usual way of usage.

H. The goods handed over for the settlement of claim will be tested only regarding the defect mentioned by the purchaser (in the complaint form, in the attached document with description of the defect). We recommend the written form to describe the defect.

 

XI. Guarantee Claim Settlement

   • If the purchaser is a consumer

If the purchaser is a consumer in case that the goods are in contrary to the Purchase Contract (hereinafter the contrary to the Purchase Contract) in the time when the purchaser takes them over, the purchaser has the right to correction of the thing by the seller to the state corresponding to the Purchase Contract free of charge and without any undue delay, and according to the requirement of the purchaser either by changing the thing or repairing it. If such procedure is not possible the purchaser can require an appropriate price reduction or withdraw from the Contract. This is not applicable if the purchaser had known about the contrary to the Purchase Contract before he took it over or he himself caused the contrary to the Purchase Contract. The contrary to the Purchase Contract which occurs within six months since the date when the thing was taken over is considered to be a contrary existing already when it was taken over unless this defies the nature of the thing or unless the opposite is proved.

The compliance with the Purchase Contract is understood as that the sold thing is of the quality and usable properties required by the Contract, described by the seller, producer or his representative or expected upon an advertisement performed by them, or eventually, the quality and usable properties typical for a thing of such kind, and that it is in compliance with the requirements of the legal regulations, and it is in the appropriate number, measure or weight and corresponds to the purpose stated by the seller for usage of the thing or for which the thing is usually used.  

 

If the purchaser is a consumer and asserts the legal guarantee he has got the following rights depending on the nature of the defect:

if it is a removable defect he has the right to free, proper and timely removing of the defect, the right to exchange the defective goods or the defective parts thereof if this is not inappropriate regarding the nature of the defect. If this procedure is impossible he has the right to an appropriate reduction of the Contract price or withdrawal from the Purchase Contract.

If it is a non-removable defect preventing from the proper usage of goods the purchaser has the right to the exchange the defective goods or withdrawal from the Purchase Contract, the consumer has the same rights in case that these are removable defects however the purchaser cannot use the thing properly due to the repeated occurrence of the defect or a larger number of defects. The repeated occurrence of the defect is understood especially if the same defect preventing from proper usage of goods which has been already removed at least two times during the guarantee period occurs again. Larger number of defects is understood if the thing has at least three defects preventing from the proper usage thereof simultaneously. If these are other non-removable defects and the purchaser does not require the exchange of the thing he has the right to an appropriate reduction of the purchase price or withdrawal from the Purchase Contract.

The purchaser chooses the method of the guarantee claim settlement. The seller notifies the purchaser to a potential inconvenient choice and suggests a more convenient method (especially in case that the purchaser requires the method convenient for removable defect but the seller finds out that this is a non-removable defect). If the purchaser fails to choose the method of the guarantee claim settlement within the period given by the seller the method will be chosen by the seller.

In case of price reduction the goods cannot be a subject of the complaint due to the defect for which the reduction was provided.

If the purchaser is a consumer the seller decides about the guarantee claim immediately, in more complicated cases within three working days. This period does not include the appropriate time according to the kind of product or service necessary for a qualified consideration of the defect. The seller will settle the guarantee claim including the removal of the defect without any undue delay no later than 30 days since the day on which the guarantee claim was asserted. If the defect occurs within 6 months since the sale it appears that the goods were defective in the time when they were sold. If the defect occurs later the consumer has to prove the defect of the goods.  

The seller issues to the purchasing consumer a written confirmation about when the guarantee claim was asserted, what the contents thereof are and which method of the guarantee claim settlement is required, by e-mail immediately after accepting the complaint (in case that the consumer asserts the guarantee claim personally the confirmation is issued immediately); further a confirmation of a date and method of the guarantee claim settlement, including the confirmation of providing the repair and the period of the guarantee claim, or eventually the reasons for dismissal of the claim.

The purchaser has the right to a compensation of necessary costs (especially postal fees which he has paid when posting the complained goods) which occurred when asserting the legal rights of liability for defects (we recommend to apply no later than 30 days after the claim settlement – the legal period is not affected with that), and were expended really and effectively. In case of withdrawal from the Contract due to the defect of the thing the consumer has the right to compensation of costs for this withdrawal.

   • If the purchaser is an entrepreneur

If there is a removable defect the goods will be repaired. If the reparation is not possible and the nature of defect does not prevent from a usual usage the seller and the purchaser can agree on an appropriate reduction of the price for goods. In case of the price reduction this defect cannot be complained later.

If there is a defect which cannot be removed and which prevents from the proper usage of the thing, like a thing without a defect, the seller is entitled to exchange the defective goods for goods with the same or similar usable properties or to issue a credit note.  

After the settlement of a justified guarantee claim, the guarantee period is prolonged by the time period during which the guarantee claim was settled. In case of an unjustified guarantee claim the guarantee period is not prolonged. If the guarantee claim of the goods was settled within the legal guarantee period by exchange of the goods for new ones the guarantee period starts to run again from the date of the settlement of the guarantee claim; it means from the date on which the purchaser was obliged to take over the thing. The customer will be informed about the settlement by e-mail which he stated already when he purchased the thing.

After the settlement of the guarantee claim the seller informs the purchaser about the termination of the guarantee claim either by phone, SMS or e-mail. If the goods were delivered by a transport service they will be automatically posted at the address of the purchaser after the settlement.

If the goods are not fetched within one month after expiration of the period during which the guarantee claim should have been settled and if the guarantee claim was settled later, within one month after the notice about the settlement thereof (i.e. usually within 60 days after the date of asserting the claim) the seller is entitled to charge an amount for storage pursuant to section 656 of the Civil Code when the complained goods are handed over.

When the goods are handed over after settlement of the guarantee claim the purchaser is obliged to submit a document upon which the thing was accepted to the process of the guarantee claim and he must prove his identity with an ID or a valid passport.

This does not refer to the right of the purchaser to complain the goods within the legal guarantee period. The purchaser however has to take into consideration the above mentioned facts because the guarantee does not refer to a wearing caused by a usual way of using the thing pursuant to section 619 paragraphs 2 of the Civil Code and it cannot be confused with the lifetime of the product. The lifetime represents the tendency to wearing caused by a usual usage. If you use the goods (not possess) longer than the usual lifetime is it is probable that the occurred defect is a consequence of a usual usage however it is not excluded that there is really a guarantee defect. The seller always states in the reasoning of a potential dismissal of the guarantee claim whether there was a defect caused by a usual wearing.  The seller always states the mentioned lifetime also at the offered goods otherwise he is deprived of the option to relay on this lifetime.

 

XII. Prices, Bonus Points

Prices

All prices are contractual ones. There are always current and valid prices in the on-line e-shop. The action prices are valid until all stock is sold out with stating the number of pieces of the action goods or during a limited period.

The prices include all other fees to be paid by the customer to obtain the goods, this does not refer to potential transport fees etc.

All prices for Czech consumers and businessmen are charged only in the Czech currency (CZK) and include VAT, for foreign customers the prices are set in the currency EUR, including VAT, for registered businessmen with submitted copy of an entry in the register of the tax identity number the prices are stated in the currency EUR excluding VAT (export wholesale prices).

 

Bonus points

The bonus points are credited to a domestic purchaser only by order throughwww.esportshop.cz. They are always referred to a basic price of the products and are not valid for quantity price reductions. After every realised and paid purchase bonus points will be credited on your account (it is connected with your registration on www.esportshop.cz  (the number thereof is always stated on the goods card). You can use the bonus points for the price reduction (1 point = 1 CZK) with the next on-line purchase.

Foreign customers do not get bonus points they will be provided with concession regarding the transport price.

 

XIII. Payment and Delivery Conditions

Payment, transport in the Czech Republic

The seller accepts the following payment conditions:

1. Payment in cash at the purchase

2. Payment in advance by a bank transfer upon a received payment call or pro-forma invoice: 701226002/5500

3. Payment by card or payment by an internet payment portal (not possible for businessmen)

4. Cash on delivery of goods (the freighter takes over the cash from the customer), the purchaser pays the co-called delivery fee additionally

5. Payment of an invoice with a due date (only after agreement with proved customers) 

 

Personal taking over:

The goods can be taken over only by the purchaser. This person has to identify him/herself and prove with a valid personal ID or valid passport. The personal taking over is free of charge in all subsidiaries.

To take over the delivery personally (or to assert the guarantee claim) take the following place:

 

RADANSPORT s.r.o.

Za Otýlií 10

370 07 České Budějovice

Czech Republic

Phone: 387 411 543

Opening times: Monday - Friday: 8 – 18:00  

 

We send the ordered goods via Česká pošta (Czech Post) (hereinafter ČP), freight companies PPL, DPD, WEDO or GLS in the possible shortest time.

Prices:

For entrepreneur in the Czech Republic, the following transport prices apply:

Note: The price for transport for entrepreneurs is solved individually for larger deliveries (with a larger number of packages, excessive shipment, etc.)

 

Weight and dimension limits of the parcel: It is possible to post a parcel until the weight of 100 kg. The maximal volume of the parcel is 4m³. The maximal allowed length of the side is 200 cm.
 

Delivery to the EU-countries:

You can order goods through the e-shop at www.e-sportshop.com

The Seller accepts the following payment terms:

Payment in advance by bank transfer on the basis of the sent payment request or advance invoice to the account number (Tatrabanka Slovakia)

Tatrabanka: 2920837072 / 1100
IBAN : SK69 1100 0000 0029 2083 7072
BIC (=SWIFT): TATRSKBX
Account name: RADANSPORT s.r.o.

After crediting the amount to this account, the shipment will be released immediately, the approximate shipping time is 2-5 days (working days, except weekend and public holidays).

Payment on invoice with due date (only by agreement with verified customers).

Transport e-sportshop: we choose the fastest and most convenient freighter for you regarding the ordered goods and the destination.

Transport prices for one parcel:

Prices for consumers and non WAT enterpreneurs are stated in EUR, incl. VAT; for VAT-entepreneurs the prices are excl. VAT.

 

XIV. Costs for Usage of Remote Telecommunication Means

The purchaser agrees to use the remote communication means when making the Purchase Contract. The purchaser himself meets the costs for using the remote communication means in connection with making the Purchase Contract (costs for internet access, costs for telephone calls).

 

XV. Personal Data Protection and Processing

The company RadanSport s.r.o. processes the personal data in compliance with regulations of the European Parliament and the Council (EU) No. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (general regulation on personal data protection), the law No. 101/2000 Sb., on personal data protection and a law replacing this law in sense of the execution of the above mentioned regulation, the law No. 480/2004 Sb., on some services of an information company, the law No. 127/2005 Sb., on electronic communications and other legal regulations regulating the personal data protection.

The company RadanSport s.r.o. is entitled to process the personal data of the purchaser or the personal data provided or stated by the purchaser at the registration (especially the contact data) to register the purchaser.  

Such processing of personal data is legal because it is necessary for the performance of the Contract upon which the company RadanSport s.r.o. provides the service of registration and the purchaser is a contractual party to this Contract as a subject of personal data.

In particular cases the company RadanSport s.r.o. can process the personal data over the above mentioned frame according to a particular purpose to protect entitled interests of the company RadanSport s.r.o. or third persons (e.g. interest in secure working of the service) according to legal requirements regarding the personal data.

If the purchaser hands over or has handed over personal data of other natural persons to the company RadanSport s.r.o. he is obliged to inform these natural persons about the processing of personal data and this way provide the legalisation of processing personal data. In adverse case the purchaser is liable to the company RadanSport s.r.o. for the caused damage.

More detailed information about handling the personal data are stated in the Proclamation on Personal Data Protection which can be found hereZDE.

 

XVI. Final Provisions

The Terms and Conditions are valid in the wording stated on the internet pages of the seller on the day of making the Contract. The order of the consumer is after the confirmation thereof as a Contract made between the purchaser and the seller archived for the purpose of the performance thereof and other recording, and the state thereof is accessible to the purchaser.

Relations and potential disputes which might occur upon the Contract will be settled exclusively according to the law of the Czech Republic and they will be settled by appropriate courts of the Czech Republic.

Potential disputes between the seller and the purchaser can be also settled out-of court. In such case the purchaser – consumer can contact a subject of the out-of-court settlement of the dispute which is for example Česká obchodní inspekce or settle the disputeon-line.  More information about the out-of-court settlement of disputes can be found on pages ČOI (Česká obchodní inspekce).

 

These TC have been valid and effective since January 3, 2023 and they cancel the previous wording of the TC.