Terms and Conditions

Online Shop Operator:

Klára Tomi

Hockey Wifey Ltd.

Skalice 89

738 01 Frýdek-Místek

Sale of Goods through an online store located at the web address www.hockeywifey.com

  • INTRODUCTORY PROVISIONS
  • 1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") for the online shop managed by Klára Hudečková (hereinafter referred to as the "seller") regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a web page located at the internet address hockeywifey.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web store interface").

1.2. The terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within their business activities or within the scope of their independent professional activities.

1.3. Deviations from the terms and conditions can be agreed upon in the purchase agreement. Deviations agreed upon in the purchase agreement take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.

 

  • USER ACCOUNT
  • 2.1. Based on the registration performed on the website, the buyer can access their user interface. Through this user interface, the buyer can place orders for products (referred to as the "user account"). If the web store interface allows, the buyer can also place orders for products without registering directly from the web store interface.
  • 2.2. When registering on the website and when placing orders for products, the buyer is obligated to provide accurate and truthful information. The buyer must update the information in their user account whenever it changes. The information provided by the buyer in the user account and when placing orders for products is considered accurate by the seller.
  • 2.3. Access to the user account is secured by a username and password. The buyer must maintain confidentiality regarding the necessary access information for their user account.
  • 2.4. The buyer is not authorized to allow third parties to use their user account.
  • 2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than 2 years, or if the buyer breaches their obligations from the purchase agreement (including the terms and conditions).
  • 2.6. The buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the seller's hardware and software equipment or necessary maintenance of third-party hardware and software equipment.
  • CONCLUSION OF PURCHASE AGREEMENT
  • 3.1. All product presentations in the web store interface are of an informative nature, and the seller is not obligated to conclude a purchase agreement for these products. Section 1732 (2) of the Civil Code shall not apply.
  • 3.2. The web store interface contains information about the products, including the prices of individual items. The prices of the products are provided including all related fees. The prices of the products remain valid as long as they are displayed in the web store interface. This provision does not restrict the seller's ability to conclude a purchase agreement under individually negotiated conditions.
  • 3.3. The web store interface also provides information about the costs associated with packaging and delivering the products. The information about the costs associated with packaging and delivering the products listed in the web store interface applies only in cases where the products are delivered within the territory of the Czech Republic.
  • 3.4. To order products, the buyer completes an order form in the web store interface. The order form includes information about:
  • 3.4.1. the ordered products (the buyer "places" the ordered products into the electronic shopping cart of the web store interface),
  • 3.4.2. the method of payment of the purchase price for the products, data on the requested method of delivery of the ordered products, and
  • 3.4.3. information about the costs associated with the delivery of the products (collectively referred to as the "order").
  • 3.5. Before submitting the order to the seller, the buyer is allowed to check and change the data they have entered into the order, even with regard to the possibility of the buyer identifying and correcting any errors that may have occurred when entering the data into the order. The buyer sends the order to the seller by clicking the " " button. The information provided in the order is considered accurate by the seller.
  • 3.6. Sending the order is considered an action by the buyer that unequivocally identifies the ordered products, the purchase price, the buyer's identity, the method of payment of the purchase price, and constitutes a binding proposal for a purchase agreement for the contracting parties. A condition for the validity of the order is the completion of all mandatory data in the order form, the familiarization of the buyer with these terms and conditions on the website, and the confirmation by the buyer that they are familiar with these terms and conditions.
  • 3.7. The seller will promptly confirm the receipt of the order to the buyer by electronic mail, sent to the buyer's electronic mail address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
  • 3.8. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (such as in writing or by telephone).
  • 3.9. The proposal for a purchase agreement in the form of an order is valid for fifteen days.
  • 3.10. The contractual relationship between the seller and the buyer arises upon the receipt of the acceptance of the order (acceptance) by the buyer, which is sent to the buyer by electronic mail to the buyer's electronic mail address.
  • 3.11. If the seller cannot fulfill any of the requirements specified in the order, the seller shall send a modified offer to the buyer's electronic address, stating the possible variations of the order, and will request the buyer's opinion.
  • 3.12. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded only when the buyer accepts it via electronic mail.
  • 3.13. The buyer agrees to the use of remote communication means when concluding a purchase agreement. The costs incurred by the buyer in using remote communication means in connection with the conclusion of the purchase agreement (costs of internet connection, telephone costs) are borne by the buyer themselves and do not differ from

Price of Goods and Payment Conditions

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller using the following methods:

  • 4.1.1. by bank transfer to the seller's account No. 7749415111/5500, held at Raiffeisenbank, a.s., hereinafter referred to as the "seller's account")
  • 4.1.2. cash on delivery upon receipt of the shipment from the courier
  • 4.2. Along with the purchase price, the buyer is obligated to pay the seller for the packaging and delivery costs of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
  • 4.3. The seller does not require a deposit or similar payment from the buyer. This provision does not affect the requirement under Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
  • 4.4. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.
  • 4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods along with the reference number of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account.
  • 4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand the payment of the entire purchase price before sending the goods to the buyer. The provision of Section 2119 (1) of the Civil Code shall not apply.
  • 4.7. Any discounts provided by the seller to the buyer on the price of the goods cannot be combined.
  • 4.8. If customary in business relations or required by generally binding legal regulations, the seller will issue a tax document - invoice for payments made based on the purchase agreement to the buyer. The seller is not a value-added tax payer. The tax document - invoice will be issued by the seller to the buyer after the payment for the goods and will be sent to the buyer's electronic address in electronic form.
  • WITHDRAWAL FROM THE PURCHASE AGREEMENT
    • 5.1. The buyer acknowledges that, according to Section 1837 of the Civil Code, among other cases, withdrawal from the purchase agreement is not possible:
    • 5.1.1. for the supply of goods the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
    • 5.1.2. for the supply of alcoholic beverages which may be delivered only after thirty days and whose price depends on fluctuations in the financial market independently of the seller's will,
    • 5.1.3. for the supply of goods that have been modified according to the buyer's wishes or for their person
    • 5.1.4. for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
    • 5.1.5. for the supply of goods in a sealed package which the buyer has removed from the package and which cannot be returned for hygienic reasons,
    • 5.1.6. for the supply of audio or video recordings or computer programs, if the original packaging has been damaged,
    • 5.1.7. for the supply of newspapers, periodicals, or magazines,
    • 5.1.8. for the supply of digital content if it has not been supplied on a tangible medium and has been supplied with the prior explicit consent of the buyer before the withdrawal period expires and the seller has informed the buyer before the conclusion of the contract that in such a case the buyer does not have the right to withdraw from the contract.
    • 5.2. If not in a case stated in Article 5.1 or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the case of several types of goods or the delivery of several parts, this period runs from the day of the receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence.
    • 5.3. For withdrawal from the purchase agreement, the buyer can use the model withdrawal form provided by the seller, which is attached to the terms and conditions. The buyer can send the withdrawal from the purchase agreement, among other things, to the address of the seller's branch or registered office. The provisions of Article 11 of these terms and conditions apply to the delivery of the withdrawal from the agreement.
    • 5.4. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by their normal postal route due to their nature.
    • 5.5. If the buyer withdraws from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the seller is not obliged to return the received funds to the buyer without delay, no later than within fourteen (14) days of the withdrawal from the agreement, in the same way as accepted from the buyer. The seller is also not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
    • 5.6. In the case of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the seller is entitled to a refund of the funds received from the buyer only after receiving the goods.
    • 5.7. In the case of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the buyer is liable to the seller for the reduction in the value of the goods as a result of such handling of the goods that goes beyond what is necessary to understand the nature and characteristics of the goods, including their functionality.
    • 5.8. The rights and obligations of the parties in respect of the buyer's rights arising from defective performance are governed by the relevant generally binding regulations, in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and 2161 to 2174 of the Civil Code.
  • PERSONAL DATA PROTECTION
  • 6.1. The protection of personal data of the buyer who is a natural person is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
  • 6.2. The buyer agrees to the processing of the following personal data: first name, last name, address, identification number, tax identification number, email address, and telephone number (collectively referred to as "personal data").
  • 6.3. The buyer agrees to the processing of personal data by the seller for the purpose of realization of rights and obligations under the purchase agreement and for the purpose of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a purchase agreement.
  • 6.4. The buyer acknowledges that he is obliged to state his personal data (when ordering from the web interface of the online store) correctly and truthfully and without undue delay to inform the seller of any change in his personal data.
  • 6.5. The seller may authorize a third party to process the buyer's personal data as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
  • 6.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
  • 6.7. The buyer confirms that the personal data provided is accurate and that he has been advised that this is a voluntary provision of personal data.
    • 6.8. In the event that the buyer believes that the seller or processor (Article 6.5) is carrying out the processing of his personal data that is contrary to the protection of private and personal life of the buyer or contrary to the law, especially if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:
    • 6.8.1. ask the seller or processor for an explanation,
    • 6.8.2. require the seller or processor to rectify the situation.
    • 6.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand reasonable compensation for providing the information pursuant to the previous sentence, which must not exceed the costs necessary to provide the information.
  • SENDING COMMUNICATIONS AND STORING COOKIES
  • 7.1. The buyer agrees to receive information related to the goods, services, or business of the seller to the buyer's electronic address and further agrees to receive commercial communications from the seller to the buyer's electronic address.
  • 7.2. The Buyer agrees to the storing of so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase agreement can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
  • DELIVERY OF INFORMATION
  • 8.1. Unless stated otherwise in the purchase agreement, all correspondence related to the purchase agreement must be delivered to the other party in writing, electronically (email, web interface), or by registered mail. Messages are delivered to the buyer's email address specified in his user account.
  • FINAL PROVISIONS
  • 9.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
  • 9.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision shall be introduced, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase agreement or terms and conditions require a written form.
  • 9.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
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