BUSINESS TERMS AND CONDITIONS of Stopskate s.r.o., Company identification No.: CZ06537227, company with the registered office at Stupkova 952/18, Olomouc, PSČ 779 00, Czech Republic, Europe, incorporated in the Companies Register kept by the Regional Court in Ostrava, Section C, Insert 72279/KSOS, of 17 September 2017 for selling goods through the online shop at www.stopskate.com
1 Introductory provisions
- These Business Terms and Conditions (hereinafter referred to as “Business terms and conditions”) of Stopskate s.r.o., Company identification No.: 06537227, company with the registered office at Stupkova 952/18, Olomouc, PSČ 779 00, Czech Republic, Europe, incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 93131, of 17 September 2017 (hereinafter referred to as “the Seller”), in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”), define the mutual rights and obligations of the Parties established by or in relation to the Purchase Agreement (hereinafter referred to as “the Purchase Agreement”) entered into by the Seller and another natural person (hereinafter referred to as “the Buyer”) through the e-shop operated by the Seller. The e-shop is operated by the Seller at a website placed at www.stopskate.com (hereinafter referred to as “the Website”), using the website interface (hereinafter referred to as “the E-shop Web Interface”).
- The Business Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person that orders the goods within the scope of their business activities or as a part of carrying out their professional activities.
- Provisions different from those specified in the Business Terms and Conditions may be stipulated in the Purchase Agreement. Any divergent provisions specified in the Purchase Agreement shall prevail over the provisions set forth in the Business Terms and Conditions.
- The provisions of the Business Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are executed in the Czech or English language. The Purchase Agreement may be concluded in the Czech or English language.
1.5 The Seller may change or amend the wording of the Business Terms and Conditions. The above clause shall not affect any rights or obligations that came into existence during the term of any previous version of the Business Terms and Conditions.
- Entry into the purchase agreement
2.1 The E-shop Web Interface provides information on the goods including the prices of individual goods. The goods prices are stated including value added tax and all related fees. The prices of goods shall remain valid while displayed on the E-shop Web Interface. This provision shall not prevent the Seller from entering into the Purchase Agreement under individually set conditions.
2.2 The E-shop Web Interface also includes packaging and delivery cost information.
2.3 To order goods, the Buyer shall complete an order form available at the E-shop Web Interface.
2.4 The order form contains information on:
2.4.1. The ordered goods (the Buyer “places” goods into the shopping basket available at the E-shop Web Interface);
2.4.2. payment methods used to pay the goods purchase price, information on the required goods delivery method, and
2.4.3. information on the goods delivery cost (hereinafter jointly referred to as “the Order”).
2.5 Before sending the Order to the Seller, the Buyer shall be allowed to check and edit any information entered in the Order and to identify and correct any mistakes that may have occurred when entering the information in the Order. By clicking the “Order/Preorder” button, the Buyer shall send the Order to the Seller. Any information provided by the Buyer in the Order will be considered correct by the Seller.
2.6 Sending the Order shall be considered an act of the Buyer that unequivocally identifies the ordered goods, purchase price, the Buyer, purchase price payment method, and shall represent a binding Purchase Agreement draft for the Parties. For the Order to be valid, all the required information need to be filled in the Order Form; the Buyer shall acknowledge they have read and agree to the Business Terms and Conditions on the Website.
2.7 Immediately after receiving the Order, the Seller shall confirm receipt of the Order to the Buyer by sending an electronic message to the Buyer’s email address provided in the Order (hereinafter referred to as “the Buyer’s Email Address”).
2.8 Based on the type of Order (volume, purchase price amount, estimated shipping cost) the Seller shall always be entitled to ask the Buyer for subsequent Order confirmation (e.g. in writing or by phone).
2.9 The contractual relationship between the Seller and the Buyer is established by delivering the Order acceptance, sent by the Seller to the Buyer by email sent to the Buyer’s Email Address.
2.10 In the event the Seller shall be unable to meet any of the requirements specified in the Order, the Seller shall send a modified Offer to the Buyer to the Buyer’s Email Address, specifying the possible Order options, and shall require the Buyer’s opinion.
2.11 Such modified Offer shall be considered a new Purchase Agreement draft and as such shall only be concluded based on the email acceptance by the Buyer.
2.12 The Buyer agrees with the use of remote communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication in relation to the conclusion of the Purchase Agreement (internet connection or telephone calls costs) shall be paid by the Buyer; these costs shall not differ from the base rate.
- Payment methods
- The invoice amount can be paid by bank transfer, PayPal or GoPay and we shall not acknowledge your Order until we receive validation and confirmation of payment.
3.2 Together with the purchase price, the Buyer is also obliged to pay any stipulated costs related to goods handling and delivery. Unless expressly stated otherwise, the purchase price shall also include goods delivery. The buyer is also obligated to inform himself/herself about possible customs duties relevant to their country. These customs duties are not included in the final price of the product.
3.3 The Seller shall not request any advance or similar payment from the Buyer. This is without prejudice to the provision in Article 3.6 of the Business Terms and Conditions concerning the obligation to pay the purchase price in advance.
3.4 In the event of a non-cash payment, the purchase price is payable within 3 days following the conclusion of the Purchase Agreement.
3.5 In the event of a non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled upon the respective amount being credited to the Seller’s Account.
3.6 Discounts on goods prices granted to the Buyer by the Seller, if any, shall not be combined.
3.7 If it is common business practice or if required by generally binding legal regulations, the Seller shall issue a tax document (invoice) for payments made under the Purchase Agreement. The Seller is a value-added tax payer. The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the goods price is made; the Seller shall send the invoice in electronic form to the Buyer’s Email Address.
- Withdrawal from purchase agreement
- The consumer is only liable to the trader for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties. This does not apply if the entrepreneur has not communicated information to the consumer in accordance with the provisions of § 1820 par. F of the Civil Code
- Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
4.4 The consumer has the right to withdraw from the contract within fourteen days. The period under the first sentence runs from the date of conclusion of the contract and, if applicable
- a) the purchase contract, from the date of receipt of the goods
4.5 If the consumer withdraws from the contract, he shall send or hand over to the trader without undue delay, no later than fourteen days after the withdrawal from the contract, the goods which he has received from him. If the service has already been provided to the consumer, the entrepreneur is not obliged to do anything about it, with the exception of the provisions of Section 1834 of the Civil Code.
4.6 The entrepreneur can only demand payment of the costs stipulated by this Act from the consumer.
4.7 If the consumer withdraws from the contract, the trader shall return to him without undue delay, no later than fourteen days after the withdrawal from the contract, all funds, including delivery costs, which he has received from him under the contract, in the same way. The entrepreneur will return the money received to the consumer in another way only if the consumer has agreed and if he does not incur additional costs.
4.8 The consumer is only liable to the entrepreneur for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties. This does not apply if the entrepreneur has not communicated information to the consumer in accordance with the provisions of § 1820 par. f) of the Civil Code.
4.9 Section 1837 of Act No. 89/2012 Coll., The Civil Code, states the conditions under which the consumer cannot withdraw from the contract.
- Goods transport and delivery
- If the method of transport is agreed on the basis of the Buyer’s request, the Buyer shall bear the risk and any additional costs related to the selected transportation method.
- If the Seller is obliged to deliver goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods at the time of delivery.
- If it is necessary to deliver the goods repeatedly or by other means of delivery than specified in the Order for reasons on the Buyer’s part, the Buyer is obliged to bear all the cost of such repeated deliveries or for the cost related to another method of delivery.
- Upon goods acceptance from the carrier, the Buyer is obliged to check the integrity of the packaging, and in the event of any defects, report such defects to the carrier without delay. If the integrity of the packaging is broken and shows signs of unauthorised entry or opening, the Buyer is not obliged to accept the shipment from the carrier.
- A package returned to the storehouse as undelivered will be stored there for 6 months – then the order will be cancelled.
- Other rights and obligations of the parties
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
6.3 The out-of-court settlement of consumer complaints is provided by the seller via the electronic address firstname.lastname@example.org
The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.
6.4 In the event of a consumer dispute between the seller and the consumer arising from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes business inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
6.5 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
6.6 The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
6.7 A package with a product purchased but not taken over by the customer, which is returned to the warehouse address, will be stored in the warehouse for 6 months. The contents of the package will then be stored.
- Personal data protection
- Personal data protection of a Buyer who is a natural person is governed by Act No. 101/2000 Coll. on Personal Data Protection, as amended.
- The Buyer agrees that the following personal data are processed and used: name and surname, permanent address, company identification number, tax identification number, email address, telephone number, (hereinafter jointly referred to as “Personal Data”).
- The Buyer agrees and is aware that the Seller shall process the Personal Data for the purpose of exercising rights and obligations resulting from the Purchase Agreement and for the purpose of the User Account administration. Unless the Buyer selects a different option, the Buyer agrees that the Seller shall process the Personal Data also for the purpose of sending information and commercial messages to the Buyer. Within the scope of this Article, the consent to processing Personal Data shall not represent a requisite that might in itself prevent the conclusion of the Purchase Agreement.
- The Buyer is aware of the obligation to provide Personal Data (during registration, for the User Account and when placing orders via the E-shop Web Interface) and to provide correct and accurate Personal Data and to inform the Seller about any changes in the Personal Data without undue delay.
- The Seller may appoint a third party to process the Buyer’s Personal Data. Except for persons transporting the goods, no Personal Data shall be disclosed by the Seller to any third parties without a prior consent of the Buyer.
- Personal Data shall be processed for an indefinite period of time. Personal Data shall be processed in electronic form using an automated process, or manually in paper form.
7.7 The Buyer confirms that the provided Personal Data are accurate and that the Buyer is aware of the fact that the data were provided voluntarily.
7.8 Should the Buyer feel that the Seller or the person processing the data (Article ) processes the Personal Data contrary to rules describing protection of private and personal life of the Buyer, or contrary to the law, or if the provided Personal Data are inaccurate with regard to the processing purposes, the Buyer is entitled to:
7.8.1. Request that the Seller or the person processing the data provides an explanation;
7.8.2. Request that the Seller or the person processing the data redresses the situation.
7.9. If the Buyer requests information about the processing of the Personal Data, the Seller is obliged to provide the Buyer with such information. The Seller is entitled to request reasonable compensation for the information provided under the previous clause; however, such compensation shall not exceed the costs required for providing the relevant information.
7.10. Upon request, administrator is obliged to remove the Personal Data that is collected about the person requesting their removal. This does not apply if the administrator is required by law to store this Data.
- Distribution of commercial messages and saving cookies
- The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
8.2 The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
9 Notice to customers
Please read carefully the manual before the first use. The manual contains information about the products, safe instructions, assembly and maintenance.
10 Warranty conditions
10.1 We give a two-year warranty on our products, unless otherwise stated.
10.2 This warranty applies exclusively to the functionality of the product under the following conditions:
- the product was purchased via the e-shop at Stopskate s.r.o., or in person at Stopskate s.r.o., or from a dealer with whom Stopskate s.r.o. concluded a business cooperation agreement
- the product has been used in accordance with the instructions for use and installation instructions
10.3 If these conditions are met, the complaint will be settled within 30 days.
10.4 If the complaint is accepted, the customer will be informed of the result of the complaint process and the repaired and fully functional product will be delivered free of charge to the specified address. In case, that the claimed product cannot be repaired the customer will receive a new product or Stopskate s.r.o. will return the full price of this product to the bank account.
10.5 The warranty conditions do not apply in the following cases:
- the product was not claimed during the warranty period
- the product was obviously damaged by improper use
- the product was installed incorrectly
- intervention in the construction of the product were made
- the product was used or operated in contravention of the installation manual
- mechanical damage has occurred
- warranty conditions do not apply to normal wear, caused by the use of the product
10.6 The complaint process is governed by the valid Commercial and Civil Code of the Czech Republic.
10.7 Warranty and post-warranty repairs are performed by Stopskate s.r.o.
11 definition of the term defect
11.1 The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the item:
- a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising they make;
- b) the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
- c) the quality or design corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model
- d) the item is in the appropriate quantity, measure or weight; and
- e) the matter complies with the requirements of legal regulations. § 2161
11.2 If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt.
12 Defective performance rights
12.1 The seller is obliged to duly inform the consumer about the scope, conditions and manner of exercising the right from defective performance (hereinafter referred to as “complaint”), together with information on where the complaint can be made.
12.2 The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months from receipt according to § 2165 of Act No. 89/2012 Coll., Civil Code
12.2.1 If the item sold, its packaging, instructions attached to the item or advertising in accordance with other legal
the provisions for the period during which the item can be used shall apply, the provisions on the quality guarantee shall apply.
12.3 The provisions of § 2165 shall not apply:
- a) in the case of an item sold at a lower price for a defect for which a lower price has been agreed
- b) wear and tear of the item caused by its normal use
- c) in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer; or
- d) if it follows from the nature of the matter
12.4 If the Buyer so requests, the Seller shall confirm to him in writing the extent and duration of his obligations in the event of defective performance. The seller has an obligation from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The confirmation shall also state his name, registered office and identifying data, or other data necessary to establish his identity.
12.4.1 If necessary, the Seller shall explain in a clear manner in the confirmation the content, scope, conditions and duration of its liability and the manner in which the rights arising therefrom may be exercised. In the confirmation, the seller shall also state that other rights of the buyer, which are related to the purchase of the item, are not affected. Failure to comply with these obligations is without prejudice to the validity of the certificate.
12.4.2 Unless prevented by the nature of the item, the certificate referred to in paragraph 1 may be replaced by a proof of purchase containing the information.
12.5 The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect
12.6 If the seller and the buyer agree to shorten the period for exercising the rights arising from defective performance, such an arrangement shall not be taken into account. This does not apply if the parties have reduced this period to half the statutory period when purchasing already used consumer goods, if they have agreed to a greater reduction, it applies for the agreed half of the statutory period.
12.7 If the defective performance is a material breach of contract, the buyer has the right
- a) to eliminate the defect by delivering a new item without a defect or by delivering the missing item
- b) to eliminate the defect by repairing the item
- c) at a reasonable discount to the purchase price, or
- d) withdraw from the contract
12.8 The Buyer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller, this does not apply if the buyer requests the correction of a defect that turns out to be irreparable. If the seller does not eliminate the defects within a reasonable time or informs the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
12.9 If the buyer does not choose his right in time, he has the rights according to § 2107 of the Civil Code:
12.10 If the defective performance is an insignificant breach of contract, the buyer has the right to eliminate the defect or a reasonable discount on the purchase price.
12.10.1 Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.
12.10.2 If the seller does not remove the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price, or may withdraw from the contract. The buyer cannot change the choice without the consent of the seller.
12.11 If the item does not have the properties specified in § 2161, the buyer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only part of the item, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
12.12 The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
12.13 If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not seek redress within a reasonable time or if arranging a remedy would cause considerable difficulties for the consumer.
12.14 If the acquirer has rightly complained to the alienator of the defect, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the acquirer cannot use the defective object.
12.15 By guaranteeing the quality, the seller undertakes that the item will be suitable for use for the usual purpose for a certain period of time or that it will retain its usual properties. These effects are also indicated by the warranty period or the shelf life of the item on the packaging or in advertising. A guarantee can also be provided for an individual part of the item.
12.16 The rights from the defect apply to the seller from whom the item was purchased. However, if another person is designated in the certificate under 2166 for repair who is closer to the seller’s place or place for the buyer, the buyer shall exercise the right of repair to the person designated to carry out the repair. The person thus designated for repair shall carry out the repair within the period agreed between the seller and the buyer when purchasing the item.
12.17 Except in cases where another person is designated to perform the repair, 13) the seller is obliged to accept a complaint in any establishment where acceptance of the complaint is possible with respect to the range of products sold or services provided, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the consumer about when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the consumer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
12.18 A case is defective if it does not have the properties specified in § 2095 and § 2096 of the Civil Code. Fulfillment of another thing is also considered a defect. Defects in the documents necessary for the use of the item are also considered to be defects.
12.18.1 If it follows from the Seller’s declaration or from the delivery document that the Seller has delivered a smaller number of items, the provisions on defects do not apply to the missing items.
12.19 The right of the buyer from defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it manifests itself later. The right of the buyer is also established by a later defect caused by the seller in breach of his obligation.
12.19.1 The seller’s obligations under the quality guarantee are not affected.
12.20 In the event of early performance, the seller may eliminate the defects by the time specified for delivery of the item. By exercising its right, it must not cause the buyer disproportionate difficulties or expenses. The buyer’s right to compensation is not affected.
12.20.1 Paragraph 1 shall apply mutatis mutandis to defects in documents.
12.21 The rights of the buyer from defective performance are not affected if the defect was caused by the use of things that the buyer handed over to the seller. This does not apply if the seller proves that he warned the buyer of the unsuitability of the delivered item in time and the buyer insisted on its use, or if he proves that he could not find out the unsuitability of the delivered item even with sufficient care.
12.21.1 If the defect of the thing was caused by the seller’s procedure according to the designs, samples or documents provided by the buyer, paragraph 1 shall apply mutatis mutandis.
12.22 The buyer has no rights from defective performance, if it is a defect, which he had to know with the usual attention when concluding the contract. This does not apply if the seller has explicitly assured him that the item is free of defects, or if he has cunningly shot the defect.
12.23 The Buyer shall inspect the item as soon as possible after the risk of damage to the item has passed and shall be satisfied of its properties and quantity.
12.24 If the seller sends the item, the buyer may postpone the inspection until the item is delivered to its destination.
12.24.1 If the item is directed to another destination during transport, or sent to the buyer without the opportunity to inspect the item, and the seller at the time of the contract knew or must have known about the possibility of such a change of destination or such further dispatch, the buyer may inspect postponed until the item is transported to the new destination.
12.25 The complaint procedure is governed by the valid Civil Code of the Czech Republic and Act No. 634/1992 Coll., On Consumer Protection.
Warranty and post-warranty repairs are performed by Stopskate s.r.o.
13 Final provisions
13.1 If the relationship established by the purchase contract contains an international (foreign) element, then 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.
13.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
13.3 The purchase contract, including the business conditions, is archived by the seller in electronic form
13.4 Contact details of the seller: delivery address: Stopskate s.r.o., registered office: Stupkova 952/18, Olomouc, postal code 779 00, e-mail address: email@example.com
In Olomouc 19.2. 2021
CEO Stopskate s.r.o