General Terms and Conditions
Terms and conditions of the e-shop provider probowling.czThese bussiness terms and conditions (from now referred to as "the terms of business") specify the rights and obligations of the seller and the buyer under the contractual relationships concluded through the internet shop www.probowling.cz . With these terms of business buyers can get acquainted with the order prior to their order and are notified in advance. Before submitting the order, the buyer confirms that he has become acquainted with these terms of business and agrees with them.
I.The seller and operator of the www.probowling.cz is HPM TEC, s.r.o. with registered office and place of business in Hustopeče, Herbenova 869/42, ZIP code: 693 01, IN: 25537814, TIN: CZ25537814, company registered in the commercial register kept at the Regional Court in Brno, division 31594, insert C (from now referred to as "the seller").
The buyer is a consumer or entrepreneur (from now referred to as "buyer").
For the purposes of these terms of business, a consumer is a physical person who enters into a contract with the seller or otherwise acts outside the scope of his business or outside the scope of the independent performance of his profession.
For the purposes of these terms of business, an entrepreneur is the one who independently carries out, on his / her own responsibility, a business activity in a business or similar manner with the intention of doing so consistently in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his / her own business, production or similar activity or in the independent exercise of his / her profession or, as the case may be, a person acting in his / her own name or on behalf of the entrepreneur is considered to be eentrepreneur.
For business purposes, a business is understood to be one who acts in accordance with previous business conditions. If the buyer indicates in his order his / her ID, he / she acknowledges that he / she does not apply to those parts of the business terms, which by their nature refer to the consumer.
Products are for the purposes of these terms and conditions products offered by the seller at online store www.probowling.cz .
II.Presentation of goods located at www.probowling.cz is informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of Act No. 89/2012 Coll., The civil code (hereinafter referred to as the "civil code") shall not apply.
Properly filled in and sent via the internet shop , the order is a binding offer of the buyer for the conclusion of the purchase agreement with the seller, and the buyer is bound by his offer for the conclusion of the purchase contract for 21 days from sending the order.
The seller shall promptly acknowledge receipt of the order by email to the e-mail address specified by the purchaser in the order, within the meaning of Section 1827 (1) of the civil code, without acknowledgment of receipt of the offer for the conclusion of the purchase contract. The purchase contract itself is concluded by accepting an offer for the conclusion of a purchase contract by the seller, accepting it is the dispatch of the goods by the seller to the buyer or the explicit acceptance of the offer by the seller by e-mail or telephone or otherwise. The consumer has the right to cancel the order and thus the offer for the conclusion of the purchase contract, without any penalties until the moment the goods are dispatched. Cancellation of the order must be made by e-mail to the seller's email address firstname.lastname@example.org
The purchase contract is concluded only in the Czech language. The purchase contract is archive after the closure only for the time necessary for its execution.
You can change the order and correct the errors until the delivery of the goods.
The cost of postage and packing, which the buyer chooses in the order, is borne by the buyer, and these costs are governed by the current pricelist of the seller.
III.According to the provisions of section 1829 of the civil code, the consumer has the right to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods (for a purchase contract involving several types of goods or the delivery of several parts from the date of receipt of the last delivery of the goods; contract, the subject of which is the regular repeated supply of goods, from the date of the first delivery of the goods).
For the purpose of exercising the right of withdrawal, the consumer may use the withdrawal form, sent in a written form to HPM TEC, s.r.o., Herbenova 869/42, Hustopeče, 693 01, ID: 25537814, or in electronic form by e-mail : email@example.com. The withdrawal form is available at www.probowling.cz, but the consumer is not required to use it. In order to comply with the withdrawal period, it is sufficient to send the withdrawal on the last day of the relevant period.
Goods for which the consumer withdraws from the contract must be returned to the seller back to its registered office without undue delay, no later than 14 days after the date of withdrawal. The period shall be deemed to be maintained if the consumer dispatches the goods to the seller at the latest on the last day of the period. The consumer is only responsible for the diminished value of the goods as a result of the handling of the goods in a manner other than that necessary to understand the nature and characteristics of the goods, including their functionality. In the event of withdrawal, the consumer shall bear the costs of returning the goods back to the seller.
If the consumer resigns from the sales contract, he will be returned within a reasonable time after the seller has received notice of withdrawal from the sales contract, all funds received from the consumer, including the cost of delivering the goods from the seller to the buyer (excluding the additional costs incurred due to the chosen delivery method which is different from the cheapest standard delivery method offered by the seller). For refunds, the seller will use the same means of payment used by the consumer to perform the initial transaction, unless the consumer has explicitly stated otherwise. The seller shall return the funds to the buyer upon receipt of the returned goods or if the consumer proves that he has sent the goods back, whichever comes first. The buyer can not withdraw from the contract or demand the delivery of a new thing if the matter can not be returned in the state in which it was received. That does not apply,
- if a violation of the condition has occurred as a result of an inspection to identify a defect in the case;
- if the buyer used the thing before the defect was discovered;
- if the buyer has not been able to return the item in the unaltered state by negotiation or omission; or
- if the buyer has sold the thing before the defect has been discovered, if it has consumed it or if it has altered the item in its normal use; if only in part, the buyer returns to the seller what else he can return and gives the seller a refund to the amount in which he has benefited from the use of the thing.
IV.The rights and obligations of the parties regarding defective performance are governed by applicable general binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and sections 2161 to 2174 of the civil code and consumer protection act 634/1992 Coll. as amended).
The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
- the goods have properties that the parties have arranged and, if the arrangement is lacking, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
- the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
- goods in the appropriate quantity, degree or weight, and
- the goods comply with legal requirements.
The above provisions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods caused by its normal use, for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the buyer's receipt, if this is due to the nature of the goods.
If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover.
Rights of defective performance are claimed by the buyer in writing at HPM TEC, s.r.o., Herbenova 869/42, Hustopeče, 693 01, ID: 25537814, or by e-mail: firstname.lastname@example.org
V.Seller provides or mediates the following delivery methods:
1. Personal - in
the place of business, at: Herbenova 869/42, Hustopeče, 693 01
2. Shipment - Transport Service DPD CZ, Direct Parcel Distribution CZ s.r.o.
The buyer is obliged to check the packaging and damage if the shipment is received and if the package is damaged, open it in the presence of the carrier. In the event of damage, the buyer must refuse to accept the package and immediately contact the seller. He will not take into account later complaints. In the event of a damaged package being taken over, it will no longer be possible to claim any rights arising from defects that have been, or may have been, caused by the shipment.
The purchase price for the goods purchased through the seller's Internet shop can be paid in the following ways:
- Cash on delivery - money for goods is paid by the buyer only upon receipt of the goods by postal service agent (courier) of DPD CZ, Direct Parcel Distribution CZ s.r.o.
- Bank transfer - upon receipt of the order (proposal for the conclusion of the purchase contract), the seller will send the buyer the price of the purchase price, the account number and the variable payment symbol to the e-mail address given in the order. The goods will be paid by the buyer to the seller's bank account within 10 days from the date of delivery of the e-mail with the above payment data, otherwise the goods will not be dispatched or, passed.
- Payment card - After the order is created (the proposal to conclude the purchase contract), the buyer is redirected to the secure payment gate of the bank, where the purchaser will enter the necessary data for the payment.
- Cash (personal collection) - the goods will be paid by the buyer in cash upon receipt of the goods at the registered office of the company at Herbenova 869/42, Hustopeče, 693 01, upon confirmation by e-mail from the seller that the goods are ready for sale.
All personal data communicated to the
seller will not be given to third parties or other entities without the buyer's
consent and will be handled in accordance with personal data protection act no.
101/2000 Coll. The buyer may at any time ask for their change or deletion by
e-mail to the seller's email email@example.com. Your buyer may change your
details on the www.probowling.cz website in the "customer section". The Buyer acknowledges that Seller is not obliged to erase personal
data if a legitimate reason is given for the processing of such personal data.
Relationships and possible disputes arising under a purchase agreement will be settled under the law of the Czech Republic and will be dealt with by the competent courts of the Czech Republic.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's needs, it is true that in the case of a dispute over the interpretation of the terms, the contract is interpreted only in the Czech language.
The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the purchase contract.
The seller may unilaterally modify or supplement the terms of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These general terms and conditions, including all of the contents, are valid and effective from February 1, 2018, available electronically at www.probowling.cz.