GENERAL TERMS AND CONDITIONS

 

The mutual rights and obligations of the User and the Operator, in particular the rights and

the obligations arising from the Purchase Contract are governed by these Terms and Conditions

(hereinafter referred to as "Terms and Conditions").

 

1 Definition of

1.1 In these Terms and Conditions.

1.1.1 " E-shop" means a computer program - an Internet application available on the Internet via the Internet address www.backroadshombres.com, whose main functionality is the display, selection and ordering of goods by the User;

1.1.2 " 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;

1.1.3 " Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his/her 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;

1.1.4 " Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;

1.1.5 " Operator" means Mr. Stefan Záviš, ID No.: 19371292, with place of business Preslova 296/17, Brno, 602 00 (hereinafter referred to as "We");

1.1.6 " 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 (hereinafter referred to as "You");

1.1.7 " User" means any natural person who uses the Eshop;

1.1.8 " Goods" means the item offered by the Operator for sale to the User via the E-shop and, if offered with the Goods, the license to use the item;

2 CONCLUSION OF THE CONTRACT

2.1 Purchase of the Goods is only possible through the web interface of the E-shop.

2.2 When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.

2.3 The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs are no different from the basic rate You pay for the use of these means (i.e. in particular for access to the Internet), so You do not need to expect any additional costs charged by Us over and above the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.

2.4 In order for us to enter into the Contract, you must create an Order on the E-shop. This proposal must include the following information:

  • Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);

  • Information about the Price, Shipping Charge, Total Price payment method and the desired delivery method of the Goods; this information will be entered as part of the Order creation within the E-shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods, delivery and payment method you have selected;

  • Your identification and contact details to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.

2.5 During the creation of the Order, it may change and check the data until its completion. Once the check has been made by pressing the "Order binding payment" button, the Order will be completed. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Order binding payment" button, all completed information will be sent directly to us.

2.6 We will confirm Your Order as soon as possible after it is delivered to Us by a message sent to Your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.

2.7 There may be occasions when we are unable to confirm an Order to you. This includes situations where the Goods are not available or where you order more Goods than we are able to supply. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such case, the Contract shall be concluded at the time You confirm Our offer.

2.8 In the event that an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. The new Contract is then concluded when You confirm Our offer. An apparent error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.

2.9 In the event that the Contract is concluded, You are obliged to pay the Total Price.

2.10 In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

3 PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

3.1 The price is always stated in the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.

3.2 The total price is inclusive of VAT including all statutory charges.

3.3 Payment of the Total Price will be required from You after the conclusion of the Contract and before delivery of the Goods. You may make payment of the Total Price in the following ways:

  • By bank transfer. We will send you the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 5 working days of the conclusion of the Purchase Contract.

  • By card online. In this case, the payment is made via the GoPay payment gateway and payment is subject to the terms and conditions of the payment gateway. In the case of payment by card online, the Total Price is payable within 1 working day of the conclusion of the purchase contract.

3.4 An invoice will be issued electronically upon payment of the Total Price and will be sent to your email address.

3.5 Title to the Goods shall not pass to you until you have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, otherwise it is paid at the time of payment.

4 REACHING GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

4.1 The goods will be delivered to you within 10 days by the method of your choice and you can choose from the following options:

  • Personal collection at the company's outlets,

  • Delivery to the address via the transport company Zásilkovna;

4.2 Goods can only be delivered within the European Union.

4.3 The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order Confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time.

4.4 Upon receipt of the Goods from the Carrier, it is Your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the Carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.

4.5 In the event that You breach Your obligation to accept the Goods, except in accordance with clause 6.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to withdraw from the Contract, the withdrawal shall be effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Shipping Charge or for damages, if any.

4.6 If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs of such repeated delivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.

4.7 The risk of damage to the Goods passes to you when you take delivery of them. In the event that you do not take delivery of the Goods, except in accordance with clause 6.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

4.8 In the event that the Goods are not listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you in the event that:

  • extraordinary failure in the production of the Goods, and we will always provide you with a new expected time of availability or information that the Goods cannot be delivered;

  • delay in delivery of the Goods from Our Supplier, and We will always provide You with a new expected delivery time.

5 RIGHTS FROM DEFECTIVE PERFORMANCE

5.1 We warrant that at the time the risk of damage to the Goods passes pursuant to Article 6.7 of the Conditions, the Goods are free from defects, in particular that the Goods:

  • conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

  • is suitable for the purpose for which you require it and to which we agree;

  • is suitable for the purpose for which Goods of this type are normally used;

  • in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or another person in the same contractual chain, in particular advertising or labelling;

  • is supplied with accessories, including packaging, installation instructions and other instructions for use that you can reasonably expect; and

  • corresponds in quality or workmanship to the sample or sample provided to you before the conclusion of the contract.

5.2 The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (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).

5.3 If the Goods are defective, in particular if any of the conditions under clause 7.1 are not fulfilled, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Goods) by sending an email or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us for making a claim, which is attached as Appendix 1 to the Terms and Conditions. In exercising the right of defective performance, you must choose how you wish 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.

5.4 If the Goods are defective, you have the following rights:

(a) to remedy the defect by supplying new Goods without defect, or by supplying the missing part of the Goods; or

b) to remove the defect by repairing the Goods,

unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect and whether the defect can be removed by the other method without significant difficulty for you.

5.5 We shall be entitled to refuse to remedy the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value that the Goods would have without the defect.

5.6 You also have the right to:

  • a reasonable discount from the Price; or

  • withdrawal from the Contract,

if:

  • we refuse to remedy the defect or fail to remedy it in accordance with the law;

  • the defect manifests itself repeatedly,

  • the defect is a material breach of the Contract; or

  • it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

5.7 The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

5.8 In the event that you have caused the defect in the Goods yourself, you are not entitled to any rights under the defective performance.

5.9 Defects in the Goods are not wear and tear caused by normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.

5.10 The Consumer shall not be entitled to the right of defective performance if the Consumer knew before taking over the Goods that the Goods are defective or if the Consumer caused the defect.

5.11 When you make a claim, we will issue you with a written confirmation stating:

  • the date on which you made the claim;

  • what is the content of the complaint;

  • how you want your complaint handled;

  • Your contact details for the purpose of providing information about the handling of your complaint.

5.12 Unless we 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 settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or claim a reasonable discount.

5.13 We will inform you of the settlement of the claim by e-mail and issue you with a confirmation of the date and method of settlement of the claim. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, for example by receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your obligation to return the original Goods to Us, but We shall bear the cost of such return.

5.14 If you are a consumer, you have the right to exercise your rights under defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.

6 WITHDRAWAL FROM THE CONTRACT

6.1 Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.

6.2 In case you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within 14 days from its receipt. In case we have concluded a Contract, the subject of which is several pieces of Goods or delivery of several parts of Goods, this period shall start only on the date of delivery of the last piece or part of Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall start on the date of delivery of the first delivery.

6.3 You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.

6.4 However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in § 1837 of the Civil Code.

6.5 The withdrawal period under Article 8.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.

6.6 In the event of withdrawal from the Contract pursuant to clause 8.2 of the Conditions, You are obliged to return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to have Us refund the Shipping Charge, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.

6.7 In the event of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging.

6.8 However, in the event of withdrawal from the Contract pursuant to Article 6.2 of the Conditions, You shall be liable to Us for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks and mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for reimbursement of the Price.

6.9 We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Article 4.1 of the Conditions. We may also withdraw from the Contract if it is apparent that you have deliberately provided incorrect information in the Order. In the event that you are purchasing the Goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

7 SOLVING A DISPUTED ISPUTES WITH CONSUMERS

7.1 We are not bound by any codes of conduct in relation to the buyers within the meaning of Section 1826 (1) (e) of the Civil Code.

7.2 We handle consumer complaints via the electronic address support@backroadshombres.com. We will send information about the handling of the complaint to the buyer's electronic address.

7.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, internet address : http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract . The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

7.4 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 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).

8 FINAL PROVISIONS

8.1 If our legal relationship with you has an international element (e.g. we ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.

8.2 All written correspondence with you will be delivered by electronic mail. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Contract or through which You have contacted Us.

8.3 The Contract may only be amended by written agreement between us. However, we shall be entitled to amend these Terms and Conditions, but such amendment shall not affect Contracts already entered into, but only Contracts entered into after the amendment takes effect.

8.4 In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), We shall not be liable for damages caused as a result of or in connection with the force majeure events, and if the force majeure situation lasts for more than 10 days, We and You shall have the right to withdraw from the Contract.

8.5 A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.

8.6 The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement.

8.7 These Terms and Conditions shall take effect on 20.2.2024.

 

 

Annex No. 1 - Withdrawal Form

 

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