Terms and conditions

GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (the "Terms") of Diana Nebuchlová - RPR, with registered office at Jarní 2909, 756 61 Rožnov pod Radhoštěm, Company ID No. 75757931, registered in the Trade Register at the City Hall of Rožnov pod Radhoštěm, email: rprpaintballshop@gmail.com, phone number: +420 604213838 ("We" or "Seller") govern, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of you as a buyer and us as the seller arising in connection with or based on the purchase contract (the "Contract") concluded via the online shop on the website www.rprshop.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are made in the Czech language. We may unilaterally change or amend the provisions of these Terms. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, the Contract is concluded using remote communication tools, which allow us to agree without the physical presence of both parties, and the Contract is concluded remotely in the environment of the online shop via the website's interface ("E-shop Interface").

If any part of these Terms contradicts what we mutually agreed upon during your purchase process in our E-shop, this specific agreement will take precedence over the Terms.

I. SOME DEFINITIONS

Price is the financial amount you will pay for the goods;
Shipping Price is the financial amount you will pay for the delivery of the goods, including packaging costs;
Total Price is the sum of the Price and Shipping Price;
VAT is the value-added tax according to applicable laws;
Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
Order is your irrevocable offer to conclude a Contract for the purchase of goods with us;
User Account is an account created based on the information you provided, which allows storing entered data and keeping a history of ordered goods and concluded Contracts;
You are the person purchasing on our E-shop, legally referred to as the buyer;
Goods are all items available for purchase on the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

Goods can only be purchased via the online interface of the E-shop.
When purchasing goods, it is your responsibility to provide us with all information correctly and truthfully. The information you provide when placing an order will be considered accurate and truthful by us.

III. CONCLUSION OF THE CONTRACT

The contract with us can only be concluded in Czech or English.
The contract is concluded remotely via the E-shop, and the costs of using remote communication means are to be paid by you. However, these costs do not differ from the basic rate you pay for using these means (specifically for internet access). Therefore, no additional costs charged by us beyond the total price should be expected. By submitting the order, you agree that we use remote communication means.
To conclude the contract, you need to create an order proposal on the E-shop. This proposal must include the following information:
a) Information about the goods being purchased (you select the goods you wish to buy by clicking the "Add to Cart" button);
b) Information about the price, shipping price, payment method for the total price, and the desired delivery method for the goods; this information will be entered when creating the order proposal within the E-shop interface, and the price, shipping price, and total price will be automatically generated based on the goods selected and delivery method;
c) Your identification and contact information required for delivery, including name, surname, shipping address, phone number, and email address;
d) If the contract involves recurring and regular delivery of goods, you must also provide information on how long the goods will be delivered.
During the creation of the order proposal, you can change and check the data until the order is finalized. After reviewing, you will create the order by pressing the "Order Binding for Payment" button. Before pressing the button, you must confirm that you have read and agree with these Terms; otherwise, you will not be able to create the order. A checkbox is used for this confirmation. After pressing the "Order Binding for Payment" button, all the entered information will be sent directly to us.
We will confirm your order as soon as possible after it is delivered to us, by sending a confirmation message to the email address provided in the order. The confirmation will include a summary of the order and these Terms. The contract is concluded between us and you upon confirmation of the order from our side. The Terms in effect on the date of the order are an integral part of the contract.
There may be cases when we will not be able to confirm your order. This mainly applies to situations where the goods are unavailable or when you order a greater quantity of goods than we allow. However, we will always provide you with information about the maximum number of goods available in the E-shop, so this should not be a surprise. If any reason arises preventing us from confirming the order, we will contact you and send you an offer to conclude the contract in a modified form compared to the original order. The contract is concluded when you confirm our offer.
If the E-shop or the order proposal includes an obviously incorrect price, we are not obligated to deliver the goods at that price, even if you have received the order confirmation, and the contract has therefore been concluded. In such a case, we will contact you immediately and send you an offer to conclude a new contract with a modified price. The new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days from the sending, we are entitled to withdraw from the concluded contract. An obvious price error includes situations where the price does not match the usual price among other sellers or when there is an extra or missing digit in the price.
Upon conclusion of the contract, you are obliged to pay the total price.
If you have created a User Account, you can place the order through it. In this case, you are still obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating the order is the same as for a buyer without a User Account, but the advantage is that you do not need to fill in your identification data again.
In some cases, we allow discounts on purchases. To apply a discount, you must enter the discount details in the specified field during the order proposal creation. If you do this, the goods will be provided to you with a discount.

IV. USER ACCOUNT

Based on your registration on the E-shop, you can access your User Account.
When registering for the User Account, you are required to provide all the requested information correctly and truthfully and to update it in case of any changes.
Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding these credentials and not to disclose them to anyone. In the event of misuse, we do not bear any responsibility.
The User Account is personal, and you are not authorized to allow third parties to use it.
We may cancel your User Account, particularly if you have not used it for more than one year or if you violate your obligations under the contract.
The User Account may not be available continuously, particularly due to the need for maintenance of hardware and software equipment.

V. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

The price is always listed on the E-shop, in the order proposal, and of course, in the contract. In case of a discrepancy between the price listed for the goods in the E-shop and the price listed in the order proposal, the price listed in the order proposal will apply, which will always match the price in the contract. The order proposal also specifies the price for delivery and any conditions under which delivery is free.
The total price is listed including VAT and all fees as required by law.
We will request payment of the total price after the contract has been concluded and before the goods are delivered. You can pay the total price using the following methods:

a) Bank Transfer. Payment details will be sent to you as part of the order confirmation. In the case of a bank transfer, the total price is due within 7 days.

b) Online Credit Card Payment. In this case, payment is made through the Comgate payment gateway, and payment is subject to the terms of this gateway, which are available at: https://www.comgate.cz/smluvni-dokumenty. In the case of online card payment, the total price is due immediately.

c) Cash on Delivery. In this case, payment will be made upon delivery of the goods in exchange for the goods. In the case of cash on delivery, the total price is due upon receipt of the goods.
The invoice will be issued electronically after the total price is paid and will be sent to your email address. The invoice will also be available in the User Account.
Ownership of the goods passes to you only after you have paid the total price and taken possession of the goods. In the case of bank transfer, the total price is considered paid when credited to our account; in other cases, payment is considered made at the time of the transaction.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

The goods will be delivered to you in the manner of your choice, and you can choose from the following options:

a) Personal collection at pick-up points of the company Zásilkovna, WEDO - One by Allegro, GLS

b) Delivery via the transport companies WEDO - One by Allegro, GLS
Goods can only be delivered within the EU.
The delivery time of the goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the order confirmation email. The time listed on the E-shop is only indicative and may differ from the actual delivery time.
After receiving the goods from the carrier, it is your responsibility to check the integrity of the packaging and, in case of any defects, promptly inform the carrier and us. If the packaging shows signs of unauthorized handling or tampering, you are not obliged to accept the goods from the carrier.
If you fail to take delivery of the goods, except in cases described in Article VI.4 of these Terms, this does not constitute a breach of our obligation to deliver the goods. Also, your refusal to accept the goods does not constitute withdrawal from the contract between us and you. In such a case, we have the right to withdraw from the contract due to your substantial breach of the contract. If we decide to exercise this right, the withdrawal will be effective on the day we deliver the withdrawal notice to you. The withdrawal from the contract does not affect the claim for payment of the delivery cost or the claim for compensation if any damage occurred.
If the goods are delivered repeatedly or in a manner other than agreed in the contract due to reasons on your side, you are obliged to compensate us for the costs associated with the repeated delivery. Payment details for these costs will be sent to your email address listed in the contract and are due within 14 days from the email delivery.
The risk of damage to the goods passes to you at the moment when you accept the goods. If you do not accept the goods, except in cases described in Article VI.4 of these Terms, the risk of damage to the goods passes to you at the moment when you had the opportunity to accept the goods, but due to reasons on your side, the acceptance did not occur. The transfer of the risk of damage to the goods means that from that moment, you bear all the consequences associated with the loss, destruction, damage, or any other deterioration of the goods.
If the goods were not listed as in stock on the E-shop and an estimated availability time was provided, we will always inform you in case of:

a) An extraordinary production failure of the goods, in which case we will inform you of the new expected availability or that the goods will not be available;

b) Delays in the delivery of the goods from our supplier, in which case we will inform you of the new expected delivery time.
If we are unable to deliver the goods to you within 30 days after the delivery time stated in the order confirmation email, for any reason, both we and you are entitled to withdraw from the contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time when the risk of damage to the goods passes to you as per Article VI.7 of these Terms, the goods are free from defects, especially that:

a) they have the properties that we agreed upon, or, if not explicitly agreed, the properties we described in the goods' description, or those which can be reasonably expected based on the nature of the goods;

b) they are suitable for the purposes we specified or for purposes typical for such goods;

c) they correspond to the quality or execution of an agreed sample, if the quality or execution was specified based on a sample;

d) they are in the appropriate quantity and weight;

e) they meet the legal requirements applicable to them;

f) they are not encumbered by third-party rights.
Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
In case the goods have a defect, i.e., if any of the conditions in Article VII.1 are not met, you can notify us of such defect and assert your rights from defective performance (i.e., make a complaint) by sending an email or letter to our contact details provided in our identification data. You may also use the standard form for complaints provided by us, which can be found on the complaint page. When asserting your rights from defective performance, you must choose how you wish to resolve the defect, and this choice cannot be changed without our consent, except in cases referred to in Article 7.4. We will handle your complaint in accordance with the right you assert from defective performance. If you do not choose a method of resolving the defect, you have the rights specified in Article 7.5, even if the defective performance was a substantial breach of the contract.
If the defective performance is a substantial breach of the contract, you have the following rights:

a) to have the defect remedied by delivering new goods without the defect, or by delivering the missing part of the goods;

b) to have the defect remedied by repairing the goods;

c) to receive an appropriate discount on the price;

d) to withdraw from the contract.

If you choose to resolve the issue by points a) or b), and we fail to remedy the defect within a reasonable time that we have specified, or we inform you that we will not remedy the defect in that way at all, you have the rights listed in points c) and d), even if you did not originally request them in your complaint. If you choose to remedy the defect by repairing the goods and we find that the defect is irremediable, we will inform you of this, and you can choose another method of resolving the defect.

If the defective performance is a non-substantial breach of the contract, you have the following rights:

a) to have the defect remedied by delivering new goods without the defect, or by delivering the missing part of the goods;

b) to have the defect remedied by repairing the goods;

c) to receive an appropriate discount on the price.

However, if we do not remedy the defect in time or refuse to remedy the defect, you gain the right to withdraw from the contract. You can also withdraw from the contract if you are unable to properly use the goods due to repeated defects after the goods were repaired or in case of a large number of defects.

In case of both substantial and non-substantial breaches, you cannot withdraw from the contract or request the delivery of new goods if you cannot return the goods in the condition in which you received them. This does not apply in the following cases:

a) if the goods were changed in condition due to an inspection to identify the defect;

b) if the goods were used before the defect was discovered;

c) if the inability to return the goods in an unchanged condition was not caused by your actions or neglect;

d) if the goods were sold, consumed, or altered in the usual course of use before the defect was discovered; however, if this only occurred partially, you are obliged to return the part of the goods that can be returned, and in such a case, the part of the price corresponding to your benefit from using that part of the goods will not be refunded.
Within 3 days of receiving the complaint, we will confirm by email that we have received the complaint, when we received it, and the estimated time for resolving the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. This period may be extended by mutual agreement. If the period expires without resolution, you can withdraw from the contract.
We will inform you by email about the resolution of your complaint. If the complaint is justified, you are entitled to reimbursement of the necessary costs incurred. You must prove these costs, for example with receipts or confirmations of the delivery cost. If the defect is resolved by delivering new goods, you are obliged to return the original goods to us, but we will cover the costs of returning the goods.
If you are a business, you must notify and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the goods.
If you are a consumer, you have the right to assert rights from defective performance for a defect occurring in consumer goods within 24 months from receiving the goods.
The provisions regarding rights from defects do not apply in the following cases:

a) Goods sold at a lower price due to a defect for which the lower price was agreed;

b) Wear and tear of the goods due to normal use;

c) Used goods for defects corresponding to the level of use or wear the goods had when you received them;

d) When it arises from the nature of the goods.

VIII. RIGHT OF WITHDRAWAL

The right to withdraw from the Contract, i.e. to terminate the contractual relationship between Us and You from the very beginning, may occur for the reasons and in the ways stated in this article, or in other provisions of the Terms and Conditions where withdrawal is explicitly stated.
If you are a consumer, i.e. a person purchasing Goods outside the scope of their business activity, you have the right to withdraw from the Contract without providing any reason within 14 days of receiving the Goods, in accordance with Section 1829 of the Civil Code. If we have concluded a Contract for several types of Goods or the delivery of several parts of Goods, this period begins running from the day of delivery of the last part of the Goods. If we have concluded a Contract under which we will deliver Goods regularly and repeatedly, this period starts running from the day of the first delivery. You may withdraw from the Contract in any verifiable manner (e.g. by sending an email or letter to Our addresses listed in Our identification details). You can also use the sample form provided by Us, which can be found on the complaints page.
However, even as a consumer, you cannot withdraw from the Contract in the following cases:

a) Goods whose price depends on fluctuations in the financial market beyond Our control, which may occur during the withdrawal period;

b) The delivery of alcoholic beverages which may only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond Our control;

c) Goods that have been customized according to your wishes or for your personal use;

d) Goods that are perishable or have been irreversibly mixed with other goods after delivery;

e) Goods in a sealed package which have been opened and, for hygienic reasons, cannot be returned.

The withdrawal period under Article VIII.2 of the Terms and Conditions is considered met if you send us a notice of withdrawal within that period.
In the event of withdrawal from the Contract, the price will be refunded to you within 14 days of the effectiveness of the withdrawal, to the account from which the payment was made, or to the account specified for the withdrawal from the Contract. However, the amount will not be refunded before the Goods are returned to Us, or before you prove that the Goods have been sent back to Us. Please return the Goods to Us clean, if possible, including the original packaging.
In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. On the other hand, you are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.

6.a) In the event of withdrawal due to the fact that We breach the concluded Contract, We also cover the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.

6.b) If the customer has used free shipping based on exceeding a certain order value (e.g. over 1500 CZK), and subsequently withdraws from the entire contract and returns the goods within the statutory period, the shipping costs remain on the seller's side - the customer pays nothing for shipping.

6.c) Additional shipping charges for partial returns

If the customer returns only part of the goods from the order, and thus the total value of the goods left falls below the free shipping threshold (e.g. 150 EUR), we reserve the right to additionally charge the shipping costs that were originally waived during the purchase. This shipping amount will then be deducted from the amount that the customer receives when the money is refunded for the returned goods. The amount of shipping is governed by the current shipping price list.
You are responsible for damages in cases where the Goods are damaged due to your handling of them in a manner other than necessary, considering their nature and characteristics. We will invoice you for the damage caused after the Goods have been returned to Us, and the payment deadline for the invoiced amount is 14 days. In case we have not yet refunded the price to you, we are entitled to offset the debt for the costs against your claim for the refund of the price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods if there are objective reasons why it is not possible to deliver the Goods (especially reasons related to third parties or the nature of the Goods), even before the expiration of the period stated in Article VI.9 of the Terms and Conditions. We may also withdraw from the Contract if it is clear that you have provided deliberately incorrect information in the Order. If you are purchasing the Goods within the scope of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. CONSUMER DISPUTE RESOLUTION

We are not bound by any codes of conduct in relation to the buyer, as defined by Section 1826, paragraph 1, item e) of the Civil Code.
We handle consumer complaints through the email address rprpaintballshop@gmail.com. Information about the resolution of the complaint will be sent to the buyer’s email address.
For the out-of-court resolution of consumer disputes arising from the Contract, the Czech Trade Inspection Authority is competent, with its seat at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and a consumer buyer from a contract concluded by electronic means.
The European Consumer Centre Czech Republic, with its seat at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes)

X. FINAL PROVISIONS

If Our legal relationship with You contains an international element (for example, if we will ship goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.
All written correspondence will be delivered to you by email. Our email address is provided in Our identification details. We will send correspondence to your email address listed in the Contract, in the User Account, or the one you used to contact us.
The Contract can only be amended with our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but such changes will not affect already concluded Contracts, only Contracts concluded after the effectiveness of this change. We will inform you about the change only if you have created a User Account (so that you are informed if you order new Goods, but the change does not create the right to terminate, as we do not have a Contract that could be terminated), or if we are supposed to deliver Goods to you regularly and repeatedly under the Contract. We will send you information about the change to your email address at least 14 days before the effectiveness of this change. If we do not receive notice of termination of the concluded Contract for regular and repeated deliveries of Goods within 14 days from sending the information about the change, the new terms become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you give notice is 2 months.
In the case of force majeure or events that cannot be predicted (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not responsible for any damage caused as a result of or in connection with such force majeure cases. If the state of force majeure lasts for more than 10 days, both We and You have the right to withdraw from the Contract.
The Terms and Conditions include a sample complaint form and a sample withdrawal form.
The Contract, including the Terms and Conditions, is archived electronically by Us but is not accessible to you. However, you will always receive these Terms and Conditions and the Order confirmation, which summarizes the Order, by email, so you will always have access to the Contract without Our involvement. We recommend that you save the Order confirmation and the Terms and Conditions.
These Terms and Conditions become effective on September 19, 2024.

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