Franchisee: Sports Heroes s.r.o.
Registered office and establishment: Pod Špitálem 1306, Praha 5 - Zbraslav, 156 00 Czech Republic
IČO: 089 97 161
DIČ: CZ08997161
Registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 328885.
Contact email: info@sportsheroes.eu
Telephone number: +420 724 315 383
Web: www.sportsheroes.eu
These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter the "Civil Code")
These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter "buyer") through a web interface located on the website available at www.sportsheroes.eu (hereinafter referred to as the "online store").
The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in the Czech, English and Spanish language.
The buyer can create an order using the form on the website of the online store. When creating an order using the form, the buyer first selects the goods he is interested in. After choosing the goods, the method of transport and the method of payment, the buyer confirms his order, thereby submitting a binding proposal for the conclusion of a purchase contract between the buyer and the operator.
By sending the order, the buyer confirms that he has read these terms and conditions and agrees with them in full.
The operator undertakes to accept the draft purchase contract of the buyer (order), if this draft does not conflict with these terms and conditions. The operator will confirm the receipt of the proposal via a message to the buyer's email address.
The contractual relationship between the operator and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the operator to the buyer to the e-mail address specified in the order.
Unless otherwise agreed in the purchase contract, the method of delivery of goods is determined by the seller. If the mode of transport is contracted on the basis of the buyer's request, the buyer bears the risk associated with such mode of transport, including any additional costs for the selected mode of transport.
Sending the ordered goods means sending them to the address specified by the buyer when creating the order. The operator reserves the right to add the cost of sending the goods to the price of the order according to the current price list of the carrier.
The operator offers a choice of the following methods of payment: payment card over the Internet through a payment gateway, bank transfer after completing the order.
When choosing to pay by credit card over the Internet, the buyer will be redirected to a third-party payment server after completing the order, where he will fill in the necessary payment details. After verifying their validity, the order will be confirmed and the purchase price will be deducted from the buyer's account.
When choosing payment by bank transfer, the buyer will pay the price of the order before its settlement to the seller's bank account, ie the goods will be sent to the buyer only after the purchase price has been credited to the seller's account. To process the order, it is necessary to pay the payment under the variable symbol, which is the order number and which the buyer will receive when completing the order. In the case of payment for goods by bank transfer, the purchase price is considered paid on the day when the relevant amount was credited to the seller's account.
All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.
The prices of the offered goods and services are stated including VAT, unless it is explicitly stated in the price that the price is stated without VAT.
The buyer agrees to issue the receipt in electronic form.
The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and pay the purchase price.
In the event of a breach of the terms of the purchase agreement or business conditions by the buyer, the operator reserves the right to withdraw from the purchase agreement. Unless otherwise provided by law, the buyer is obliged to reimburse the operator for all costs associated with his order, especially the cost of sending the goods, if the buyer does not take it over.
The buyer is obliged to provide correct and true data, especially when ordering goods. The data necessary for the conclusion of the purchase contract provided by the buyer are considered correct by the seller.
The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 par. 1 let. e) of the Civil Code.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
All messages of the seller can be delivered to the buyer to the electronic address specified in his user account or specified by the buyer in the order.
When creating an order, the buyer can enter the codes contained in the purchased gift vouchers and discount codes provided by the operator in accordance with their rules.
Unless explicitly stated otherwise by the operator, gift vouchers and discount codes:
In the event of withdrawal from the purchase contract for any reason or any other reasonable return of goods by the buyer to the seller purchased under a discount code or gift voucher, the buyer is entitled to a refund of the amount actually paid for the purchase of goods. return of goods. In the case of a gift voucher, the seller will also issue a new gift voucher in the corresponding value. However, the seller can decide whether and in what value to issue a new discount code to the buyer.
If the gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before its expiration. The seller does not provide money or any other method of compensation for the unused value of a gift voucher or discount code
The gift voucher or discount code cannot be exchanged for cash. In the event that the buyer purchases goods at a lower price than the value of the gift voucher or discount code, he is not entitled to pay the value of the gift voucher or discount code or a new gift voucher or discount code for the rest of the original applied gift voucher or discount code.
In the event that the gift voucher or discount code is used in violation of the operator's rules for the use of the gift vouchers and discount codes in question, the operator has the right to reject the gift voucher or discount code applied in this way and withdraw from the concluded purchase contract. In the event that ambiguities arise during the interpretation of the rules, their interpretation determined by the operator shall apply.
Taking into account the conditions set out below, the operator undertakes to send the goods to the buyer as soon as possible at the latest by the statutory date, ie within 30 days from the date of conclusion of the contract. In the case of payment by credit card over the Internet via the payment gateway after the completion of the order, in the case of payment by bank transfer, the operator will send the goods only after crediting the payment to his bank account.
The operator is not liable for damages caused by delay in sending or delivering the goods for any reason.
The buyer acquires ownership of the purchased goods by taking it over. Upon receipt of the goods, the risk of damage to the goods also passes to the buyer.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, it is recommended that the buyer does not accept the shipment from the carrier and fill in a record of damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has not been damaged.
Complaints of mechanical damage to goods, non-conforming goods, etc., which were not apparent upon receipt of the shipment from the carrier, the buyer is obliged to file immediately after their discovery. The operator is not liable for damage to the goods during transport.
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
If the buyer does not pick up the goods previously ordered by him, the operator is not obliged to send him any goods newly ordered by him that have not yet been paid for or may require payment in advance.
Based on the buyer's registration made in the online store, the buyer can access his user account. From his user account, the buyer can manage the content that belongs to him by purchasing the goods.
When registering for a user account and ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
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. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not entitled to allow the use of the user account to third parties.
The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement or these terms and conditions.
The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
The seller has obligations from defective performance at least to the extent that the obligations from defective performance by the manufacturer persist. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
The above provisions do not apply to goods worn out in their normal use. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect, or if the buyer caused the defect himself.
The rights from the liability for defects of the goods apply to the seller. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
The rights from the liability for defects of the goods can be specifically exercised by the buyer, in particular by sending a complaint by e-mail to info@sportsheroes.eu
The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
If the purchase contract is concluded by means of distance communication (via an online store), the consumer has, in accordance with § 1829 et seq. of the Civil Code, the right to withdraw from the contract without giving a reason and without any sanction within 14 days from the date of receipt of the goods.
The period for withdrawal from the purchase contract within the statutory 14-day period is considered to be observed if the consumer sends a notice to the seller during the statutory period that he is withdrawing from the contract.
In the event that the consumer withdraws from the purchase contract within the statutory 14-day period and the returned goods are not complete or are demonstrably used or damaged, the operator is entitled to compensation from the consumer, resp. for an amount corresponding to the reduced value of the returned goods, with which the consumer / buyer hereby agrees. In such a case, the operator returns the reduced purchase price thus agreed to the consumer. In cases where the goods will be unsaleable (eg in case of destruction or extensive damage or removal of the symbols of the relevant brand / logo / label, etc.), the operator's claim may amount to the full price of the goods, which the consumer acknowledges and agrees with that.
If the consumer legitimately withdraws from the purchase contract within the statutory 14-day withdrawal period, the operator is obliged without undue delay, no later than 14 days after withdrawal, to return all funds, including the cost of delivery of goods in the amount corresponding to the cheapest the method of delivery of the goods offered, in essentially the same way as he accepted them. The seller will return the money received to the consumer in another way only if the consumer has agreed and if he does not incur additional costs.
If the consumer withdraws from the purchase contract, the operator is not obliged to return the received funds to the consumer before the consumer hands over the goods or proves that he sent the goods to the operator.
If the buyer withdraws from the purchase contract unjustifiably and still sends the goods to the operator, the goods will not be accepted, or will be sent back at the consumer's expense and in case of demonstrable return of undeliverable shipment destroyed by the operator without the buyer's right to refund the purchase price.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return and the gift provided with which the buyer hereby agrees.
Costs for additional services associated with the delivery of goods to the buyer (including in particular the cost of cash on delivery service) are not refundable.
The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
The seller has the right to reject the order if the buyer repeatedly fails to fulfill its obligation to remove the goods and pay the purchase price.
Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating the Purchase Agreement and for the purposes of fulfilling the Seller's public law obligations.
Pursuant to the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to send commercial communications by the Seller by electronic means. address or telephone number of the buyer. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
Cookies are small text files stored on your computer. It is stored by the internet browser at the request of the individual web pages you are browsing. Websites can retrieve the contents of the file. According to him, they will know which pages you have visited before, whether you have a form in progress or whether you are logged in. Cookies are necessary for the proper functioning of most larger sites on the Internet.
The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
The handling of consumer complaints is provided by the seller via the electronic address info@sportsheroes.eu. The seller will send information on the settlement of the buyer's complaint to the buyer's electronic address.
The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
All rights to the seller's website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
The buyer is obliged to fill in the form for withdrawal from the purchase contract, which will be provided by the seller based on a previous request.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
Contact details of the seller
Delivery address:
Sports Heroes s.r.o.
Pod Špitálem 1306
Praha 5 - Zbraslav
156 00
Czech Republic
Contact email: info@sportsheroes.eu, telephone number +420 724 315 383.
These general terms and conditions take effect as of September 1, 2020.
