Outdoorweb.eu

Terms and Conditions for e-shop The rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").

1. Definitions
   1. In these Terms and Conditions.
      1. E-shop" means an Internet application available on the Internet via the Internet address outdoorweb.cz, outdoorweb.eu, outdoorweb.sk or summitbikes.cz, whose main functionality is the display, selection and ordering of goods by the User;
      2. "Purchase contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer via the E-shop;
      3. "Shopping Cart" means the part of the E-shop that is automatically generated by the User's activation of the relevant functions within the User's actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
      4. "Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
      5. "Operator" means outdoorweb.cz s.r.o., company ID: 26282879, VAT number: CZ2628287 with registered office at Tovačovského sady 1672, 67602 Moravské Budějovice;
      6. "Access data" means the unique login name and the password assigned to it entered by the User into the E-shop database during Registration;
      7. "Registration" means the electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent uploading into the E-shop database;
      8. "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a Contract with the Operator or otherwise deals with the Operator;
      9. "User" means any legal or natural person who uses the E-shop;
      10. "User Account" means the part of the E-shop that is set up for each individual User by Registration (i.e. is unique for each User) and made available after entering the Access Data;
      11. "Goods" means the item offered by the Operator for sale to the User via the E-Shop and, if offered with the Goods, the licence to use that item;
2. Information for the Consumer before concluding the contract
   1. The Operator concludes Purchase Contracts, the subject of which is the sale of Goods through the E-shop.
   2. As regards the price of the Goods and the cost of shipping and other charges, the following shall apply:
      1. .
      2. The prices of the Goods, Services and Licensed Content provided are quoted on the Website inclusive of VAT, including any charges provided for by law, however, the cost of delivery of the Goods or Services will vary depending on the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
      3. In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods, and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by normal postal means due to their nature.
   3. For withdrawal from the contract, the following shall apply:
      1. The Consumer has 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. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
      2. Send the withdrawal at your own expense to the Operator at Outdoorweb.cz, Šafaříkova 681, 67602, Moravské Budějovice.
      3. The Consumer is obliged to send the withdrawal from the given Purchase Contract back to the Operator without undue delay, no later than 14 days from the date of the withdrawal, or to hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
      4. The Consumer shall be obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.
      5. If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal reasons for this are fulfilled.
      6. If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, in particular if the original markings of the Goods (i.e. labels, stickers, shoe boxes, etc.) are removed or destroyed, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition.
      7. The form for withdrawal from the Purchase Contract is attached as Annex 1 to these Terms and Conditions.
      8. The Consumer shall be liable to the Operator for any diminution in the value of the Goods as a result of the handling of the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
      9. The Operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address obchod@outdoorweb.cz. Complaints can be addressed to a supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation. Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Website: adr.coi.cz"
3. Contract conclusion process
   1. The Provider, through the E-shop, offers Users to purchase the Goods by indicating the designation of the Goods, detailed information about the characteristics of the Goods, the price of the Goods including value added tax and all related charges, the cost of shipping and, if applicable, the cost of returning the Goods if they cannot be returned by normal postal transportation.
   2. To order Goods, the User shall place the Goods ordered in the E-shop shopping cart by clicking on the "Add to Cart" button on the graphic cart icon or a button with a similar meaning. He then fills in the order form, which contains in particular information about:
      1. the Goods ordered;
      2. the method of payment of the purchase price;
      3. the method of delivery/delivery of the ordered Goods, while being informed of the costs associated with such delivery/delivery, hereinafter referred to as "Order".
   3. Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.
   4. The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
   5. The User shall submit the order to the Operator by clicking on the button marked "Complete Order" or "Submit Order" or a button with a similar meaning.
   6. The Operator shall immediately upon receipt of the Order confirm such receipt to the User by e-mail to the User's address indicated in the User's account or in the Order.
   7. The Operator is entitled to ask the User for additional confirmation of the Order.
   8. The purchase contract between the Operator and the User is concluded upon receipt of the Order (proposal for conclusion of the contract), which is sent to the User in accordance with 3.6 of these Terms and Conditions.
   9. The User agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred in connection with the conclusion of the Purchase Contract shall be borne by the User, and such costs shall not differ from the basic rate.
   10. Any Goods presented within the user environment of the E-shop are for information purposes only and the Operator is not obliged to conclude a Contract in respect of such Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
4. Purchase Agreement
   1. With the conclusion of the Purchase Agreement, the following provisions shall come into force:
      1. The User purchases from the Operator the Goods that the User has selected in the user environment of the E-shop by inserting them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the Goods the price that is indicated for such Goods in the user environment of the E-shop.
      2. The Operator shall have the right to withdraw from the Purchase Contract, for any reason or no reason, until the Goods are dispatched to the User. The withdrawal from the Purchase Contract shall also be deemed to be a legal action of the Operator consisting in notifying the User that he/she cannot deliver the Goods ordered by him/her.
      3. The method of packing the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
      4. The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount indicated for the Order in the user environment of the Portal.
      5. The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator.
      6. If any of the payment methods contains information about the costs of making such payment, the User shall bear the costs of making such payment, which are indicated for the given payment in the user environment of the E-shop.
      7. In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
      8. In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
      9. The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods may be combined with each other, unless expressly stated otherwise.
      10. The purchase price for the Goods does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.
      11. Operator reserves title to the Goods subject to the Purchase Agreement until the purchase price for the Goods in question has been paid in full by the User.
      12. The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Agreement. All delivery times for the Goods indicated in the user interface of the E-shop are indicative only.
      13. The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.
      14. If a gift is provided by the Operator to the User together with the Goods, the gift agreement between the User and the Operator is concluded with the condition that if the Purchase Agreement is terminated (e.g. due to withdrawal from the Purchase Agreement), the gift agreement shall be terminated without further delay together with the Purchase Agreement and the User shall be obliged to return the gift to the Operator together with the Goods.
      15. The Operator provides the User with a warranty for the Goods, if the warranty period is indicated for the Goods in the user interface of the E-shop, for the duration of the indicated warranty period, while the warranty so indicated is valid only for the Consumer.
      16. The User shall be entitled to exercise the right of withdrawal and rights arising from defective performance at the Operator's business address. The moment when the Operator receives the Goods claimed from the User shall be considered as the moment when the claim is made.
      17. If the Goods are stated to be used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the stated defects of such Goods.
      18. The risk of loss, damage and/or destruction of the Goods subject to the Purchase Agreement shall pass to the User, who is a Consumer, upon receipt of the Goods by the User.
      19. The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not the Consumer at the moment of handing over the Goods to the first carrier.
5. User Account
   1. User has the right to create a User Account by registering.
   2. The User is obliged to enter the Access Data before entering the User Account.
   3. The User's identification data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
   4. User shall not provide third parties with Access Credentials or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Credentials or User Account and for any damage so caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.
   5. In case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the E-shop and/or by e-mail to the User's e-mail address entered into the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 14 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User's e-mail inbox (if delivered via e-mail) and to terminate the obligation for this reason within a notice period of 14 days, which the parties agree is sufficient to procure similar performance from another supplier.
6. RIGHT OFF PERFORMANCE
   • We warrant that at the time the risk of damage to the Goods passes under clause 6 of the Conditions, the Goods are free from defects, in particular that the Goods:
     1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
     2. is fit for the purpose for which you require it and to which we agree;
     3. is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation;
     4. is fit for the purpose for which Goods of that kind are usually used;
     5. matches in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or by another person in the same contractual chain, in particular advertising or labelling;
     6. is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as you might reasonably expect; and
     7. conforms in quality or workmanship to the sample or specimen provided to you prior to the conclusion of the contract.
   • Rights and obligations regarding rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
   • If the Goods are defective, i.e. in particular if any of the conditions pursuant to Art. 1, you may notify Us of such defect and exercise your rights from the defective performance (i.e. claim the Goods) by sending an e-mail or a letter to Our address indicated in Our identification data, or in person at Šafaříkova 681, 67602, Moravské Budějovice
     For the claim you may also use the sample form provided by Us, which is attached as Annex 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right you have exercised.
   • If the Goods are defective, you have the following rights:
     1. to remedy the defect by supplying new Goods without the defect, or by supplying the missing part of the Goods; or
     2. to remedy the defect by repairing the Goods, unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which will be assessed in particular having regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be remedied by the other method without significant difficulty to you.
        • We may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.
        • You are also entitled to:
          1. a reasonable discount on the Price; or
          2. withdraw from the Contract,

        if:

        1. we refuse to remedy the defect or fail to remedy it in accordance with the law;
        2. the defect appears repeatedly,
        3. the defect is a material breach of the Contract; or
        4. it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to you.
        • The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
        • If you have caused the defect in the Goods yourself, you do not have rights under the defective performance.
        • Wear and tear on the Goods caused by normal use or, in the case of second-hand Goods, wear and tear corresponding to the extent of their previous use, is not a defect in the Goods.
        • When you make a claim, we will issue you with a written confirmation stating:
          1. the date on which you made the claim;
          2. what the claim is about;
          3. what method of handling the claim you require;
          4. your contact details for the purpose of providing information about the handling of the claim.
        • If we do not agree on a longer period, we will remedy the defects within 30 days of receipt of the complaint and provide you with information on the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
        • We will inform you by e-mail about the settlement of the complaint and issue you with a confirmation of the date and method of settlement of the complaint. If the claim is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is your responsibility to return the original Goods to Us, but the cost of such return shall be borne by Us.
        • If you are a business, it is your responsibility to notify and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receipt of the Goods.
        • If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
7. Privacy
   1. The operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized disclosure or use.
   2. For more detailed information on the protection of personal data, please refer to the Privacy Policy here: https://www.outdoorweb.cz/Stranky/zasady
8. Using the E-shop
   1. The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
   2. The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.
   3. The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.
   4. The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.
   5. In the event of a breach of these Terms and Conditions or the Purchase Agreement or of valid and effective legislation, the Operator has the right to cancel the User's account.
9. Operator's Statement
   1. The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
   2. As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount that is grossly inconsistent with the usual price for such Goods on the market; in such a case, the Operator shall not be obliged to deliver the Goods at the displayed purchase price, but shall contact the User and inform the User of the actual purchase price of the Goods in question and the User shall have the right to decide whether to accept the Goods at the actual purchase price, failing which the Purchase Contract shall be cancelled from the outset.
   3. The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their conversion to display in the User's technical means, therefore the User is always obliged to familiarize himself with the full description of the Goods and contact the Operator in case of any ambiguity.
   4. Contact details of the Operator for communication with the User are provided in the user interface of the E-shop in the section https://www.outdoorweb.cz/Stranky/Kontakt.
10. Recall of electrical appliances
    1. With regard to the obligation established for the Operator by the provision of § 38 of Act No. 185/2001 Coll., the Waste Act and on amendments to certain other acts, as amended, the Operator hereby informs the User that it allows Users to submit old appliances for disposal free of charge at the Operator's address Šafaříkova 681, 67602, Moravské Budějovice.
11. Responsive right
    1. These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic, in particular the Civil Code.

These Terms and Conditions come into force on 6 January 2023.