TERMS AND CONDITIONS
of the business company Tělovýchovná jednota Ostrava,
Varenská 3098/40a, Postcode 702 00, City of Ostrava, identification number: 00561916, registered in the Commercial Register kept by the Regional Court in Ostrava, Section L 98/KSOS for the active practice of the game of golf, the development and promotion of golf as a means of active recreation, the provision of sports activities of its members, the expansion of the range of services associated with the game of golf through an on-line shop located on the Internet at: eshop.golf-ostrava.cz
INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the business company Tělovýchovná jednota Ostrava, Varenská 3098/40a, Postcode 702 00, City of Ostrava, identification number: 00561916, registered in the Commercial Register kept at the Regional Court in Ostrava, Section L 98/KSOS (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (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 eshop.golf-ostrava.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Website interface").
1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods/services from the Seller is a legal person or a person who acts in the course of ordering goods/services in the course of his/her business activity or in the course of his/her independent exercise of his/her profession.
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 Agreement may be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
USER ACCOUNT
2.1 On the basis of the Buyer's registration made on the Website, the Buyer may access its user interface. From his/her user interface, the Buyer may order goods/services (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods/services without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods/services, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account in case of any change. The information provided by the Buyer in the user account and when ordering goods/services 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 confidentiality regarding the information necessary to access his/her 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 1 year 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 hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of goods/services placed in the web interface of the shop is of informative nature and the seller is not obliged to conclude a purchase contract regarding these goods/services. Section 1732(2) of the Civil Code shall not apply. 3.2 The web interface of the Shop contains information about the goods/services, including the prices of the individual goods/services. The prices of the goods/services are inclusive of value added tax and all related charges. The prices of the goods/services remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms. 3.3 The web interface of the Shop also contains information on the costs associated with the packaging and delivery of goods/services or service vouchers. The information on the costs associated with the packaging and delivery of goods/services provided in the web interface of the shop applies only in cases where the goods/services are delivered within the territory of the Czech Republic. 3.4 To order goods/services, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about: 3.4.1. the goods/services ordered (the goods/services ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop), 3.4.2. the method of payment of the purchase price of the goods/services, information about the required method of delivery of the ordered goods/services and 3.4.3. 3.5 Prior to sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with respect to the Buyer's ability to detect and correct errors made in entering data into the order. The Buyer sends the order to the Seller by clicking on the "Order or Binding Order" button. The data provided in the order is considered correct by the Seller. 3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods/services, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address. 3.8 The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
4. PRICE OF GOODS/SERVICES AND PAYMENT TERMS
4.1 The price of the goods/services and any costs associated with the delivery of the goods/services under the Purchase Contract may be paid by the Buyer to the Seller in the following ways: in cash at the Seller's business premises at Varenská 3098/40a, 702 00 Ostrava; in cash on delivery at the place specified by the Buyer in the order; by wire transfer to the Seller's account 4208210339/0800 maintained with Česká spořitelna, a. 4.2 Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of goods/services in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods/services. 4.3. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods/services in advance. 4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods/services. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract. 4.5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account. 4.6. 4.7 Any discounts on the price of the goods/services granted by the Seller to the Buyer cannot be combined. 4.8 If it is customary in the commercial relationship 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 on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods/services and send it in electronic form to the Buyer's electronic address. 4.9. By paying the first instalment, the Customer agrees to the automatic debiting of subsequent payments from the same account as the first payment.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the supply of goods/services that have been modified according to the Buyer's wishes or for the Buyer's person, the Purchase Contract for the supply of perishable goods/services as well as goods/services cannot be withdrawn from, among other things, which has been irretrievably mixed with other goods/services after delivery, from a contract for the supply of goods/services in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless it is a case referred to in Article 5.1 or another case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods/services in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods/services or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods/services. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The Buyer may use the sample form provided by the Seller, which is attached to the Terms and Conditions, to withdraw from the Purchase Contract. 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 golf@golf-ostrava.cz. 5.3. The goods/services must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods/services to the Seller, even if the goods/services cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the 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 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 upon return of the goods/services by the Buyer or otherwise, 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/services to the seller or proves that he has sent the goods/services to the entrepreneur.
5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods/services against the Buyer's claim for reimbursement of the purchase price. 5.6 Until the Buyer has taken delivery of the goods/services, the Seller shall be entitled to withdraw from the Purchase Agreement at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer. 5.7. If a gift is given to the Buyer together with the goods/services, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods/services to the Seller.
5.8 If the goods/services are a gift voucher (voucher), it shall always be valid until 31 December of the year in which it was issued, or at most 12 months from the date of purchase.
5.9 If the goods/services are membership fees for the year, these are not refundable according to the GTC and the club's statutes.
6. TRANSPORT AND DELIVERY OF GOODS/SERVICES
6.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, 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/services to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods/services upon delivery. 6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods/services 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/services, or the costs associated with a different method of delivery. 6.4 Upon receipt of the goods/services from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods/services and in the event of any defects, immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.5 Further rights and obligations of the parties in the carriage of goods/services may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to the rights of defective performance are governed by the applicable 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 shall be liable to the Buyer that the goods/services are free from defects upon acceptance. In particular, the Seller is liable to the Buyer that at the time the Buyer has taken over the goods/services: 7.2.1. the goods/services 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/services and on the basis of the advertising carried out by them, 7.2.2. the goods/services are fit for the purpose for which the seller states they are to be used or for which goods/services of that kind are usually used, 7.2.3. the goods/services are of the quality or workmanship of 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/services are of the appropriate quantity, measure or weight, and 7.2.5. the goods/services comply with the requirements of the law.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply in the case of goods/services sold at a lower price to a defect for which the lower price was agreed, to wear and tear of the goods/services caused by their normal use, or in the case of second-hand goods/services to a defect corresponding to the level of use or wear and tear that the goods/services had when taken over by the Buyer, or if this results from the nature of the goods/services.
7.4 If the defect manifests itself within six months of receipt, the goods/services shall be deemed to have been defective upon receipt. 7.5 The Buyer shall assert the rights arising from the defective performance at the Seller's registered office or place of business where the acceptance of the claim is possible with regard to the range of goods/services sold. 7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the goods/services upon payment of the full purchase price of the goods/services. 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 The Seller provides out-of-court handling of consumer complaints via the electronic address golf@golf-ostrava.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address. 8.4. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority supervises, among other things, the compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope. 8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
9. DATA PROTECTION
9.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 110/2019 Coll., 9.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and date of birth (hereinafter collectively referred to as "personal data"). 9.3 The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. 9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data. 9.5 The Seller may entrust a third party as a processor to process the Buyer's personal data. Apart from the persons transporting the goods/services, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent. 9.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in hard copy in a non-automated manner. 9.7. 9.8.1. may ask the seller or processor for an explanation, 9.8.2. demand that the seller or processor remedy the situation. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer agrees to the sending of information related to the Seller's goods/services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11. SUBMISSION
11.1 The Buyer may be delivered to the e-mail address indicated in his user account or specified by the Buyer in the order.
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. 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 The 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 Tělovýchovná jednota Ostrava, 3098/40a Varenská Street, Postal Code 702 00, City of Ostrava, e-mail address: golf@golf-ostrava.cz, telephone +420 722 288 422.
Download the withdrawal form HERE.