Trade Terms and Conditions
of Parkour Project s.r.o.
with registered office at Kostelní 10/5, CZ-460 01 Liberec
Identification number: 05719283, VAT ID No.: CZ05719283
registered in the Trade Register of the Regional Court of Ústí nad Labem, Section C, Entry 38862
for sale of goods through an on-line shop at the Internet address: en.take-flight.eu
- PRELIMINARY PROVISIONS
1.1. These Trade Terms and Conditions (hereinafter referred to only as the „Trade Terms and Conditions“) of Parkour Project s.r.o., a trade company with registered office at Kostelní 10/5, CZ-460 01 Liberec, identification number: 05719283, VAT ID No.: CZ05719283, registered in the Trade Register of the Regional Court of Ústí nad Labem, Section C, Entry 38862 (hereinafter referred to only as the „Seller“) shall govern, in compliance with the provision of S. 1751 par. 1 of Act No. 89/2012 Coll., Commercial Code of the Czech Republic (hereinafter referred to only as the „Commercial Code“), the mutual rights and obligations of the Parties, originated in connection with or based on the Purchase Agreement (hereinafter referred to only as the „Purchase Agreement“) entered into between the Seller and another natural person (hereinafter referred to only as the „Buyer“) through the Seller's Internet Shop. The Internet Shop is run by the Seller at the website situated at the above stated Internet address (hereinafter referred to only as the „Website“), through the Website interface (hereinafter referred to only as the „Web Interface of the Shop“).
1.2. The Trade Terms and Conditions shall not apply to cases in which the person intending to purchase Goods from the Seller is a legal person or a person acting within his/her business activities or within his/her independent practice of a profession when ordering the Goods.
1.3. Any provisions divergent from the Trade Terms and Conditions can be arranged in the Purchase Agreement. Any divergent arrangements formulated in the Purchase Agreement shall take precedence over the Trade Terms and Conditions.
1.4. The provisions of the Trade Terms and Conditions constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Trade Terms and Conditions are drawn up in Czech language. The Purchase Agreement can be made in Czech language.
1.5. The wording of the Trade Terms and Conditions may be changed or amended by the Seller. This provision shall not affect the rights and obligations originated during the period of effect of the Trade Terms and Conditions.
- USER ACCOUNT
2.1. Based on the Buyer's registration made on the Website, the Buyer can access the Buyer's user interface. The Buyer can use the Buyer's user interface (hereinafter referred to only as the „User Account“) to order Goods. If the Web Interface of the Shop allows it, the Buyer can order Goods also without registration, directly from the Web Interface of the Shop.
2.2. When registering at the Website and when ordering Goods, the Buyer must state all data accurately and truthfully. The Buyer must update any data stated in the User Account at any change. The data stated by the Buyer in the User Account and at ordering the Goods shall be considered correct by the Seller.
2.3. The approach to the User Account shall be protected by user name and password. The Buyer shall keep confidential all information indispensable for access to the Buyer's User Account.
2.4. The Buyer shall not allow third persons to use the User Account.
2.5. The Seller can cancel the User Account, primarily if the Buyer has not been using the User Account for a long time or if the Buyer has breached the Buyer's obligations from the Purchase Agreement (including the Trade Terms and Conditions).
2.6. The Buyer shall acknowledge that the User Account may not be continuously available, particularly due to necessary maintenance of the Seller's hardware and software equipment or to necessary maintenance of third persons' hardware and software equipment.
- CONCLUSION OF PURCHASE AGREEMENT
3.1. All and any presentation of Goods situated at the Web Interface of the Shop has informative character and the Seller shall not be obliged to enter into a Purchase Agreement with respect to such Goods. The provision of S. 1732 par. 2 of the Commercial Code shall not apply.
3.2. The Web Interface of the Shop contains information on the Goods, including the prices of the individual Goods. The prices of the Goods are stated including the Value Added Tax and all related fees. The prices of the Goods shall remain in effect while they are shown at the Web Interface of the Shop. This provision shall not restrict the Seller's option to enter into a Purchase Agreement under individually arranged terms and conditions.
3.3. The Web Interface of the Shop also contains the information on the costs related to packing and delivering the Goods. The information on the costs related to packing and delivering the Goods stated in the Web Interface of the Shop shall apply only in cases in which the Goods are delivered within the territory of the Czech Republic.
3.4. To order the Goods, the Buyer shall fill in the Order form situated at the Web Interface of the Shop. The Order form shall contain particularly the information on:
- 3.4.1. the ordered "Goods" (the Buyer shall "put" the ordered Goods into the electronic shopping cart of the Web Interface of the Shop),
- 3.4.2. the method of payment of the purchase price of the Goods, the information about the required method of delivery of the ordered Goods, and
- 3.4.3. the information on the costs related to the delivery of the Goods (hereinafter referred in aggregate as the „Order“).
3.5. Before sending the Order to the Seller, the Buyer shall be allowed to check and change any data entered in the Order, including the Buyer's opportunity to find and correct any errors originated at entering data in the Order. The Buyer shall send the Order to the Seller by clicking on the „ “ button. The data stated in the Order shall be considered correct by the Seller.
3.6. The sending of the Order shall be considered an action by which the Buyer identifies unquestionably the ordered Goods, the purchase price, the Buyer's person, the method of payment of the purchase price and which constitutes a binding draft Purchase Agreement for the Parties. The Order validity shall be conditioned by entering all mandatory data in the Order form, by becoming familiar with these Trade Terms and Conditions on the Website and by the Buyer's acknowledgement to have become familiar with these Trade Terms and Conditions.
3.7. Immediately after receiving the Order, the Seller shall confirm the reception by electronic mail to the Buyer's e-mail address stated in the User Interface or in the Order (hereinafter referred to only as the „Buyer's Electronic Address“).
3.8. Depending on the character of the Order (amount of Goods, amount of purchase price, expected transport costs), the Seller always may ask the Buyer to reconfirm the Order (for example in written or by phone).
3.9. The draft Purchase Agreement in form of the Order shall be in effect for fifteen days.
3.10. The contractual relation between the Seller and the Buyer shall arise by the delivery of the Order reception (acceptance), which shall be sent to the Buyer by electronic mail, to the Buyer's Electronic Address.
3.11. If any of the demands stated in the Order cannot be met by the Seller, the Seller shall send to the Buyer's Electronic Address a modified offer, stating the possible Order variants and requiring the Buyer's opinion.
3.12. The modified offer shall be considered a new draft Purchase Agreement and in such case, the Purchase Agreement shall be entered into only by the Buyer's acceptance by electronic mail.
3.13. The Buyer agrees with the use of remote means of communication when entering into the Purchase Agreement. The costs incurred by the Buyer when using remote means of communication in connection with entering into the Purchase Agreement (costs for Internet connection, costs for phone calls) shall be covered by the Buyer; the said costs shall not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer can pay the price of Goods and any costs related with the delivery of Goods according to the Purchase Agreement to the Seller by the following methods:
- 4.1.1. cashless transfer to the Seller's EUR account - IBAN: CZ8620100000002701149878, BIC/SWIFT: FIOBCZPPXXX, kept by Fio banka, a.s. (hereinafter referred to only as the „Seller's Account“);
- 4.1.2. cashless payment by payment card;
4.2. Together with the purchase price, the Buyer shall pay to the Seller also the costs related with packing and delivering the Goods in agreed amount. Unless explicitly stated otherwise, the purchase price shall be hereinafter understood as including the costs related to delivering the Goods.
4.3. The Seller shall not require any advance payment or any other similar payment from the Buyer. That shall not affect the provision of Art. 4.6 of the Trade Terms and Conditions with respect to the obligation to pay the purchase price of the Goods in advance.
4.4. The purchase price shall be due within 3 days from entering into the Purchase Agreement.
4.5. The Buyer shall pay the purchase price of the Goods stating the variable symbol of the payment. The Buyer's commitment to pay the purchase price shall be met by the time of crediting the relevant amount to the Seller's Account.
4.6. The Seller may, particularly if the Buyer has not sufficiently confirmed the Order (Art. 3.6), ask for payment of the total purchase price before sending the Goods to the Buyer. The provision of S. 2119 par. 1 of the Commercial Code shall not apply.
4.7. Any possible discounts from the price of the Goods, provided by the Seller to the Buyer, cannot be mutually combined.
4.8. If customary in trade intercourse or if prescribed by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer with respect to the payments made on the base o the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document - invoice to the Buyer upon payment of the price of the Goods, sending it in electronic form to the Buyer's Electronic Address.
- WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, according to the provision of S. 1837 of the Civil Code, for example the following purchase agreements cannot be withdrawn from:
- 5.1.1 agreements of delivery of goods whose price depends on financial market variations, independent of the seller's will, and which may arise during the period for withdrawal from the agreement,
- 5.1.2 agreements of delivery of alcoholic beverages which can be delivered only upon expiry of thirty days and whose price depends on financial market variations, independent of the seller's will,
- 5.1.3 agreements of delivery of goods which were customized according to the buyer's wishes or for the buyer,
- 5.1.4 agreements of delivery of quickly perishable goods, as well as of goods which were irrecoverably mixed with other goods after delivery,
- 5.1.5 agreements of delivery of goods in closed package, which were taken out from the package by the buyer and which cannot be returned for hygienic reasons,
- 5.1.6 agreements of delivery of audio or video recordings or computer programs, if the buyer has opened their original package,
- 5.1.7 agreements of delivery of newspapers, periodicals or magazines,
- 5.1.8 agreements of delivery of digital contents, if they were not delivered on a physical carrier and if they were delivered with previous explicit consent of the buyer before the expiry of the withdrawal period and the seller had informed the buyer before entering into the agreement that in such case, the buyer shall not be entitled to withdraw from the agreement.
5.2. If the case is not a case described in Art. 5.1 or another case in which a withdrawal from the Purchase Agreement is not possible, the Buyer shall be entitled, in compliance with the provision of S. 1829 par. 1 of the Civil Code, to withdraw from the Purchase Agreement, within fourteen (14) days from reception of the Goods; if the subject of the Purchase Agreement includes multiple kinds of Goods or delivery of multiple parts, the period shall run from the day of reception of the last delivery of Goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the preceding sentence.
5.3. To withdraw from the Purchase Agreement, the Buyer can make use of the model form provided by the Seller and enclosed to the Trade Terms and Conditions. The Buyer can also send the withdrawal from the Purchase Agreement to the address of the Seller's business premises or registered office. The Art. 11 of these Trade Terms and Conditions shall apply to the delivery of any withdrawal from Agreement.
5.4. In case of withdrawal from Purchase Agreement according to Art. 5.2 of the Trade Terms and Conditions, the Purchase Agreement shall be cancelled from its beginning. The Goods must be returned to the Seller within fourteen (14) days from the Buyer's withdrawal from the Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs related to returning the Goods to the Seller, even in case that the Goods, due to their character, cannot be returned by common mail.
5.5. In case of withdrawal from the Agreement according to Art. 5.2 of the Trade Terms and conditions, the Seller shall return the money received from the Buyer within fourteen (14) days from the Buyer's withdrawal from, the Purchase Agreement, in the same manner in which the Seller received it from the Buyer. The Seller is also entitled to return the money, provided by the Buyer, at the time when the Buyer returns the Goods, or in another manner, if the Buyer agrees with it and if the Buyer does not incur further costs by that. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received money to the Buyer before the Buyer has returned the Goods or given proofs of having sent the Goods to the Seller.
5.6. The Seller may unilaterally offset any claim to compensation of any damage inflicted on the goods against the Buyer's claim to repayment of the purchase price.
5.7. Until the time of reception of the Goods by the Buyer, the Seller may withdraw from the Purchase Agreement at any time. In such case, the Seller shall return the purchase price to the Buyer without unnecessary delay, by cashless transfer to the account specified by the Buyer.
5.8. If a gift is given to the Buyer together with the Goods, the gift agreement between the Seller and the Buyer shall be entered into with the resolutive condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement concerning such gift shall lose effect and the Buyer shall return the gift to the Seller together with the Goods.
- TRANSPORT AND DELIVERY OF THE GOODS
6.1. If the mode of transport has been agreed based on a special Buyer's requirement, the Buyer shall bear the risk and potential additional costs related to such mode of transport.
6.2. If, according to the Purchase Agreement, the Seller should deliver the Goods to the place specified by the Buyer in the Order, the Buyer shall receive the Goods at delivery.
6.3. If, due to reasons at the Buyer's side, the Goods have to be delivered repeatedly or in another manner than that specified in the Order, the Buyer shall pay the costs related to the repeated delivery of the Goods, or the costs related to the other manner of delivery, respectively.
6.4. When receiving the Goods from the forwarder, the Buyer shall check the integrity of the packages of the Goods and report any defects immediately to the forwarder. If it is found that the package was damaged, suggesting an unauthorized penetration into the consignment, the Buyer may refuse to receive the consignment from the forwarder.
- RIGHTS FROM FAULTY PERFORMANCE
7.1. The Parties' rights and obligations with respect to rights from faulty performance shall be governed by the respective generally binding regulations (particularly by the provisions of S. 1914 to 1925, S. 2099 to 2117 and S. 2161 to 2174 of the Czech Civil Code).
7.2. The Seller shall be liable towards the Buyer for flawless character o the Goods at reception. Particularly, the Seller shall be liable towards the Buyer for the following qualities of the Goods at the time of reception by the Buyer:
- 7.2.1 the Goods have the qualities agreed by the Parties; if such agreement is absent, the Goods have the qualities which were described by the Seller or by the manufacturer or which were expected by the Buyer in view of the character of the Goods and based on the advertising carried out by them,
- 7.2.2 the Goods are suitable for the purpose which is described by the Seller or to which the Goods of such kind is usually used,
- 7.2.3 the Goods correspond with their quality or design to the agreed sample or model, if the quality or design were determined by an agreed sample or model,
- 7.2.4 the Goods have adequate quantity, amount or weight, and
- 7.2.5 the Goods comply with the requirements of legal regulations.
7.3. The provisions stated in Art. 7.2 of the Trade Terms and Conditions shall not apply to Goods sold for a lower price with respect to a defect for which the lower price was agreed; with respect to wear and tear of the Goods caused by their common use; to second-hand Goods, with respect to a defect corresponding to the degree of use or wear and tear the Goods had at reception by the Buyer; or if the character of the Goods suggests it.
7.4. If the defect becomes apparent within six months from reception, it shall be assumed that the Goods were defective at reception.
7.5. Any rights from faulty performance shall be exercised towards the Seller at the address of the Seller's business premises at which the complaint can be received with regard to the assortment of the Goods sold; or possibly at the address of the registered office or of the place of business. The time at which the Seller has received the Goods under complaint shall be considered the time of complaint.
7.6. Further rights and obligations of the Parties related to the Seller's liability for defects can be regulated by the Seller's Warranty Terms and Conditions.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer shall come into possession of the Goods by payment of the total purchase price of the Goods.
8.2. The Seller shall not be bound, in relation to the Buyer, by any codes of conduct within the meaning of S. 1826 par. 1 letter e) of the Civil Code.
8.3. Any out-of-court settlement of the consumers' complaints shall be attended by the Seller through the electronic address. The information of the finished settlement of any Buyer's complaint shall be sent by the Seller to the Buyer's Electronic Address.
8.4. The Seller is entitled to sell the Goods based on a trade licence. The trade inspection is carried out by the competent Trade Office within its scope of authority. The supervision of the area of personal data protection is carried out by the Personal Data Protection Office. The Czech Trade Inspection carries out the defined scope of supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The Buyer assumes herewith the risk of change of circumstances within the meaning of S. 1765 par. 2 of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. The protection of the personal data of the Buyer who is a natural person is provided by Act No. 101/2000 Coll., on personal data protection, as amended.
9.2. The Buyer agrees that the following Buyer's data are going to be processed: name and surname, address of residence, identification number, tax identification number, electronic address, and phone number (hereinafter referred in aggregate only as the "Personal Data").
9.3. The Buyer agrees that the Personal Data are going to be processed by the Seller for the purpose of implementation of the rights and obligations from the Purchase Agreement and for the purpose of keeping the User Account. Unless the Buyer has chosen another option, the Buyer agrees that the Personal Data are going to be processed by the Seller also for the purpose of sending information and commercial communications to the Buyer. The consent with processing of Personal Data in whole scope according to this Article does not constitute a condition that in itself would prevent the conclusion of the Purchase Agreement.
9.4. The Buyer acknowledges the obligation to state the Buyer's Personal Data (at registration, at the Buyer's User Account, at ordering Goods from the Web Interface of the Shop) accurately and truthfully and to inform the Seller about any change of the Buyer's Personal Data without unnecessary delay.
9.5. The Seller may charge a third person as Processor with the processing of the Personal Data. Except for the persons forwarding the Goods, the Personal Data shall not be disclosed by the Seller to any third person without the Buyer's previous consent.
9.6. The Personal Data shall be processed for an indefinite period. The Personal Data shall be processed in electronic form in an automatized manner, or in printed form in a non-automatized manner.
9.7. The Buyer confirms that the provided Personal Data are accurate and that the Buyer was informed that the provision of the Personal Data is voluntary.
9.8. In case the Buyer believes that the Seller or the Processor (Art. 9.5) processes the Buyer's Personal Data in contradiction with protection of the Buyer's private and personal life or in contradiction with law, particularly if the Personal Data are inaccurate with respect to the purpose of their processing, the Buyer can:
- 9.8.1 ask the Seller or the Processor for an explanation,
- 9.8.2 ask the Seller or the Processor to eliminate such situation.
9.9. If the Buyer asks for information about processing of the Buyer's Personal Data, the Seller shall provide the Buyer with such information. The Seller may ask for an adequate compensation for the provision of the information according to the preceding sentence, not exceeding the costs indispensable for the provision of the information.
- SENDING OF COMMERCIAL COMMUNICATIONS AND SAVING OF COOKIES
10.1. The Buyer agrees with sending of information related to the Seller's Goods, services or company to the Buyer's electronic address and the Buyer further agrees with sending of commercial communications by the Seller to the Buyer's Electronic Address.
10.2. The Buyer agrees with saving of so called cookies in the Buyer's computer. In case the purchase on the Website can be carried out and the Seller's commitments from the Purchase Agreement can be met without saving so called cookies in the Buyer's computer, the Buyer may cancel the consent according to the preceding sentence.
11.1. Any notifications concerning the Seller's and Buyer's relations, particularly any notifications concerning any withdrawal from a Purchase Agreement must be delivered by postal service in form of a registered letter, unless the Purchase Agreement specifies otherwise. The notifications are to be delivered to the respective contact address of the other Party and shall be deemed delivered and effective by the time of their delivery by the postal service, except for a notification of withdrawal from the Agreement made by the Buyer, where the withdrawal is effective if the notification has been sent by the Buyer within the withdrawal period.
11.2. Even a notification whose reception was refused by the addressee, a notification that was not picked up within the storage period or a notification that returned as undeliverable shall be deemed delivered.
11.3. The Parties may mutually deliver common correspondence through electronic mail, to the electronic address stated in the Buyer's User Account or stated by the Buyer in the Order, or to the address stated on the Seller's Website, respectively.
- FINAL PROVISIONS
12.1. If the relation established by the Purchase Agreement includes an international (foreign) component, the Parties agree that the relation shall be governed by Czech law. That shall not affect the consumer's rights resulting from generally binding legal regulations.
12.2. If any provision of the Trade Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision with a meaning coming as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Any modifications and amendments to the Purchase Agreement must be made in written.
12.3. The Purchase Agreement including the Trade Terms and Conditions is archived in electronic form and is not accessible.
12.4. A model form for withdrawal from the Purchase Agreement constitutes an annex to the Trade Terms and Conditions.
12.5. Seller's contact data
for delivery: Parkour Project s.r.o., Kostelní 10/5, CZ-460 01 Liberec
for electronic mail: firstname.lastname@example.org
for phone calls: 00420 603 941 770