THE COMPANY'S TERMS AND CONDITIONS:
BULLET PROJECT s.r.o.
U Staré elektrárny 291/11,
710 00 Ostrava, Slezská Ostrava
The company is registered by the Regional Court in Ostrava, Section C, Insert No. 35070 for the sale of goods through an on-line shop located at the Internet address www.balistas.com
ID NUMBER: 28618475
Bank account: 43-6712470227/0100, Komerční banka, Bohumín branch
The Terms and Conditions are valid until the new Terms and Conditions are issued.
The sale of goods on www.balistas.cz is governed by the applicable laws of the Czech Republic and these goods are freely saleable from the age of eighteen (18) years. In case of delivery of goods abroad, we recommend customers to check the possibility of purchase and possession of the goods in that country.
1. INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "Terms and Conditions") of BULLET PROJECT s.r.o., with registered office at U Staré elektrárny 291/11, 710 00 Ostrava, identification number: 28618475, registered in the Commercial Register maintained by the Regional Court in Ostrava in Section C, Insert 35070 (hereinafter referred to as the "Seller") regulate 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 or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the internet address www.zbrane-vzduchovky.cz, through a web interface (hereinafter referred to as the "web interface of the shop").
1.2 The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.balistas.com (hereinafter referred to as the "Website") and other related legal relations.
1.3 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement.
1.4 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 Based on the registration of the Buyer made on the Website, the Buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the Buyer's user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer and any misuse resulting from such breach.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 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 Within the meaning of Section 1732(2) of the Civil Code, all presentation of goods on the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract in respect of these goods.
3.2 The web interface of the shop contains a list of the goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax. 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 the goods.
3.4 To order the goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information on:
the goods to be ordered (the goods to be ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop),
the method of payment of the purchase price of the goods, details of the required method of transport of the ordered goods
information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").
3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The Seller is entitled to cancel or change the order. In both cases the Buyer will be contacted by telephone or e-mail. In the case of a change of order, the order will not be processed without the Buyer's consent expressed by telephone or e-mail.
3.8 The contractual relationship between the Seller and the Buyer is established by issuing an invoice (tax document) and processing the order, of which the Seller informs the Buyer by e-mail to the Buyer's e-mail address.
3.9 The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions). The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
(a) in cash at the premises listed on the Seller's website;
b) in cash on delivery at the place specified by the Buyer in the order;
c) by wire transfer to the Seller's account held with KB a.s., account number: 43-6712470227/0100 (hereinafter referred to as the "Seller's account"); The process of payment by wire transfer is as follows: the Customer shall place an order with payment by wire transfer and subsequently an advance invoice shall be sent to the Seller for reimbursement. After payment of the amount, the order will be dispatched.
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of the creation of the order.
4.4 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.5 If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Purchase Contract for the delivery of goods modified according to the Buyer's wishes, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, among other things, cannot be withdrawn from the Purchase Contract.
5.2 Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code. Withdrawal from the purchase contract must be notified to the Seller within fourteen (14) days of receipt of the goods to the Seller's business address or to the Seller's e-mail address email@example.com. The withdrawal form can be found here.
5.3 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be sent to the Seller within 14 days after the withdrawal has been sent to the Seller. The goods must be returned to the seller undamaged, unworn and complete.
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. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way, if the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him. In the event that the goods are returned within the statutory period, the customer shall bear the postage costs himself.
5.5 The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.
5.6 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this 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, 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 to the Seller.
5.8 Withdrawal from the Purchase Agreement in the case of a User who is registered as a VO Partner. In case of non-collection of the shipment or cancellation of the order after the goods have been shipped, the VO partner will be charged for the shipping costs in the next shipment.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 The method of delivery of the goods shall be determined by the Seller, unless otherwise specified in the Purchase Agreement. If the method of delivery is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods, the Seller is entitled to demand a storage fee of CZK 300,- (in words: three hundred Czech crowns) and is further entitled to withdraw from the purchase contract.
6.3 If, for reasons on the Buyer's side, the goods have to be delivered repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the carrier's handover report, the buyer confirms that the consignment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the consignment cannot be taken into account. The buyer is obliged to record the defects found, if they were obviously caused by the carrier, or if the carrier cannot be ruled out due to the nature of the damage, on the complaint report of the respective carrier.
6.5 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's delivery conditions.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
7.2.1. the goods 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 and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to 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 are in the appropriate quantity, measure or weight
7.2.5. the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5 The rights arising from defective performance shall be asserted by the Buyer at the Seller's address at any of its premises or at the Seller's registered office. If the warranty certificate specifies a different repairer who is located at the Seller's place or at a place closer to the Buyer, the Buyer shall exercise the right to repair at the repairer designated to carry out the warranty repair. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6 The Buyer shall be obliged to file a claim with the Seller or the person designated to carry out the repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the claim. The downloadable form for the consumer buyer is here. If the complaint is accepted, the buyer is entitled to reimbursement of the postage costs from us at the normal price.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods. However, the risk of damage to the goods passes to the buyer upon receipt of the goods. Damage to the goods caused when the risk of damage to the goods passes to the buyer does not affect the buyer's obligation to pay the purchase price, unless the seller has caused the damage by breaching his obligation.
8.2 The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the shop.
8.3 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop when using the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
8.4 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.
8.5 The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
8.6 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.8 In the event that a consumer dispute arises between us and the consumer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated body for out-of-court settlement of consumer disputes, which is:
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
120 00 Prague 2
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/."
8.9 Mutual disputes between the Seller and the Buyer shall be finally settled by Czech general courts under Czech law.
8.10. The rights and obligations of the Buyer, who has registered for and is a member of the Seller's loyalty program, shall be governed by the general rules of the loyalty program published here.
9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS
Before entering into the contract, the Buyer has been informed of the terms and conditions for the processing of his/her personal data, available at the following internet link: https://www.balistas.com/privacy-policy
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address, SMS messages to the Buyer's telephone number and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his computer. In the event that the purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or through a postal service provider (at the sender's option). The Buyer shall be served at the e-mail address specified in his/her user account.
11.2 The message is delivered:
in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
in the case of delivery by hand or through a postal service provider, by the recipient's acceptance of the item,
in the case of delivery in person or through a postal service provider, also by refusal to accept the item if the addressee (or, where appropriate, the person authorised to accept the item on his behalf) refuses to accept the item,
in the case of delivery through a postal service operator, by the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.
12. FINAL PROVISIONS
12.1 The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
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 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is accessible via the web interface of the shop.
12.4 These Terms and Conditions are valid as they appear on the Seller's website on the date of conclusion of the Purchase Agreement. The Contract may be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of its conclusion. By purchasing, the buyer agrees to receive commercial communications.
12.5 The sample form for withdrawal from the purchase contract and the sample complaint form are annexed to the terms and conditions.
12.6 The Seller reserves the right to make changes to these Terms and Conditions. Such changes shall not apply to orders completed prior to the effective date of the relevant changes. Changes to the Terms and Conditions are effective upon their publication on the Website.
12.7 Other matters not specified herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended from time to time.
12.8 These terms and conditions are effective from 5 April 2022
12.9 Contact details of the Seller:
BULLET PROJECT s.r.o.
U Staré elektrárny 291/11,
710 00 Ostrava, Slezská Ostrava
12.10. Seller's delivery address:
U Cihelny 230/3
Hlučín, 748 01
E-mail address: firstname.lastname@example.org
In Ostrava on 5 April 2022
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