Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR PURCHASE ON THE E-SHOP WWW.BAGRPARK.CZ
of the company BAGRPARK sro, Třinecká 991, 273 43 Buštěhrad, IČ: 14338165, DIČ: CZ14338165 kept in the Commercial Register is registered under the file number _cc781905-5cde-3194-bb3b-136_355c78 -bb3b-136bad5cf58d_ C 364177 / MSPH Municipal Court in Prague, e-mail address info@bagrpark.cz (hereinafter also referred to as the "Seller")

INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the mutual rights and obligations of the parties, ie the Seller and any other natural or legal person who is a customer of the Seller (hereinafter "Customer"), arising on the basis of or in connection with Customer purchase of goods (especially fan items, textiles and souvenirs) from the Seller's range offered in the online store operated by the Seller on the website www.bagrpark.cz (hereinafter also "Goods"; online store operated by the Seller on the website www.bagrpark.cz further also only "E-shop").

1.2. If the Customer is a consumer, all legal relations between the Seller and the Customer, which are not regulated by these GTC, are governed by the relevant provisions of generally binding legal regulations currently in force in the Czech Republic, especially Act No. 89/2012 Coll., The Civil Code. wording, (hereinafter referred to as the “Civil Code”) and
Act No. 634/1992 Coll., on Consumer Protection, as amended, (hereinafter referred to as the “Consumer Protection Act”). For the purposes of the GTC, a consumer means a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with the Seller or otherwise deals with him (hereinafter also referred to as the "Consumer"). If these GTC refer to the Customer and the term Customer is not specified in a specific case, this means both the Customer who is a Consumer (hereinafter also "Customer - Consumer") and the Customer who is not a Consumer.

1.3. If the Customer is not a Consumer, all legal relations between the Seller and the Customer that are not regulated by these GTC are governed by the relevant provisions of generally binding legal regulations currently in force in the Czech Republic, especially the Civil Code, except those subject to consumer protection.

1.4. The provisions of the GTC governing the rights of the Consumer apply only to the Customer in the position of the Consumer and the Customer who is not a Consumer is in no case entitled to claim such rights.

1.5. These GTC form an integral part of the purchase contract, on the basis of which the Seller sells Goods to the Customer (hereinafter referred to as the "Contract"). By placing an order for the Goods, the Customer confirms that he has read the GTC, well in advance of concluding the Contract, that he agrees with them and is bound by them, all in their entirety and in the wording as published on the E-shop website in the moment the order is made by the Customer.

1.6. The provisions of paragraph 1.5. The GTC do not affect the right of the contracting parties to agree in the Contract on agreements different from the GTC, which have priority in such a case.

1.7. The GTC are drawn up and the Contract is concluded in the Czech language. The Lessor archives the Contractual Documentation in electronic form (unless the Contract is concluded in another form), it is inaccessible to third parties.

1.8. The Customer expressly agrees to the possible use of means of distance communication when concluding the Contract; the costs associated with this (ie for internet connection, telephone calls, etc.) are paid by the Customer himself, according to the conditions agreed with the suppliers of the services in question. The Seller does not charge the Customer any fees exclusively in connection with the use of any of the means of distance communication.

OFFER OF GOODS

2.1. In the E-shop, the Seller offers for sale the Goods displayed there.

2.2. The price of the Goods offered in the E-shop is contractual and always stated including value added tax in the amount according to currently valid legal regulations and all related fees (all together also referred to as the "Price"). However, the Seller warns and the Customer acknowledges and agrees that the Price does not include any costs associated with the packaging and delivery of the Goods, which may be additionally charged by the Seller, depending on the method of delivery of goods to the Customer. Information on costs associated with packaging and delivery of the Goods is also provided on the E-shop website.

2.3. The Offer of the Goods and its Price remain valid for the period for which they are displayed on the E-shop website; this does not affect the possibility for the Seller to conclude the Contract under individually agreed conditions. The Seller reserves the right to change the offer of the Goods and / or the Price on the website of the E-shop, at any time and in its sole discretion.
2.5. At this point, the Seller points out that the Seller's offer also includes Goods that can be manufactured or modified according to the Customer's wishes or for his needs (such as a fan jersey or other fan item with the name and number of the Customer, selected player or other name). or a number of the Customer's choice, hereinafter also referred to as "Personalized Goods") and whose purchase is in some cases governed by a different regime than the purchase of other Goods (see below in the text of these GTC).

2.6. The Customer acknowledges and agrees that all offers for the sale of Goods placed on the E-shop website are non-binding and the Seller is at its discretion entitled not to enter into the Contract, especially (i) with the Customer on whose side there was a violation in the past some of the obligations arising for him from the contract with the Seller (including breach of business conditions forming part of such a contract), especially with the Customer who did not take over the ordered Goods or in case (ii) the Customer orders the Goods at an incorrectly published Price (due to errors, by mistake or due to technical problems in the operation of the E-shop website). If the Seller exercises its right not to conclude the Contract in a specific case, the Customer will be informed immediately after placing the order.

SPECIAL OFFERS, DISCOUNT COUPONS AND OTHER MARKETING EVENTS

3.1. Any promotional prices are valid only until the stock is sold out, stating the number of pieces of promotional Goods, for a specified period of time or until the Seller notifies the end of the relevant promotion. Discounts Goods in action, special offers or possible personal discounts cannot be combined and added up, unless the Seller states otherwise in writing in advance in a specific case. The seller reserves the right to modify or cancel discount coupons, loyalty discounts and similar special offers without giving a reason.

3.2. When creating an order, Customers are allowed to enter a discount code provided by the Seller in accordance with its rules. Unless the Seller states otherwise in a specific case, it is not possible to (i) apply the discount code repeatedly, (ii) combine it with other discounts, (iii) apply it to discounted Goods or Goods on Sale.

3.3. If the Customer withdraws from the Contract or if the Goods are returned for another reason, the purchase of which a discount coupon was used, the Customer is entitled to return only those funds that he actually paid for the Goods in the given case._cc781905-5cde-3194- bb3b-136bad5cf58d_

3.4. If the Customer does not use the discount coupon during its validity, he is not entitled to demand any compensation from the Seller.

3.5. Gifts provided by the Seller free of charge are not covered by any warranty and in connection with them it is not possible to exercise any rights from liability for defects.

3.6. In the event that the Customer uses a quantity marketing event organized by the Seller, within which the Customer may, in addition to the (main) Goods purchased by him, also obtain secondary goods at a reduced price or completely free (eg 1 + 1 free, 2 + 1 free, free gift in case of purchase above a certain value, free gift when purchasing a certain Goods, 1 + 1 for half the Price, etc.) and subsequently withdraws from the Contract or for any other reason the goods purchased within such marketing quantity action are returned, the Customer is always obliged to return to the Seller both the main Goods and all secondary goods received from the Seller, all in the condition according to paragraph 10.6., resp. 11.5. of these GTC.

ORDER OF GOODS

4.1. The Offer of Goods published on the E-shop website is not a proposal for concluding any contract.

4.2. The Customer acknowledges that the order of the Goods made by the Customer (hereinafter also referred to as the “Order”) is considered a draft Contract.

4.3. The Customer makes the order primarily through the E-shop, while before sending the Order, the Customer is allowed to check and correct errors made when entering data. Within the E-shop, the Customer executes the Order, ie fills in and sends the order form, (i) through his user account on the basis of his
previous registration on the E-shop website (hereinafter also "User Account") and / or (ii) directly, without prior registration, via the E-shop web interface.

4.4. However, you can also place an order in one of the following ways:
4.4.1. in person at the Seller's premises at Hořanská cesta, Polygon Most complex, 43401 (hereinafter also referred to as the “Establishment”);
4.4.2. via e-mail sent to the e-mail address info@bagrpark.cz;
4.4.3. by post, by sending the Order to the address of the Establishment.

4.5. The Customer acknowledges and agrees that each of his Orders is (regardless of the manner in which it is made) considered binding and the Customer undertakes, among other things, to pay the Price for the ordered Goods and to accept them.

4.6. If the Customer orders the Goods other than through the E-shop, he is obliged to state the following data in the Order:
4.6.1. in the case of the Customer - Consumer - name and surname, residence, e-mail address and possibly also telephone number;
4.6.2. in the case of a Customer who is not a Consumer - company name, registered office, ID number, or VAT number, e-mail address and possibly also telephone or fax number;
4.6.3. the name of the ordered Goods and its detailed description for distinction (especially if the Goods are sold in several variants or sizes);
4.6.4. the quantity of the ordered Goods;
4.6.5. delivery address (if different from the address of residence / registered office) - if this is not specified, the Goods will be delivered to the address of residence / registered office;
4.6.6. the day of delivery of the Goods, if the Customer agrees with the Seller differently from these GTC;
4.6.7. the name, surname and signature of the person authorized to act on behalf of the Customer, or also the imprint of the Customer's stamp (if the form of the Order allows it);
4.6.8. name and surname of the contact person (if this information is not provided, it is considered that the Customer, or any of his employees, is entitled to take over the delivered Goods).

4.7. If the Order does not contain the requisites according to the previous paragraph, it is considered incomplete. In such a case, the Seller will try to contact the Customer and ask him to eliminate the deficiencies of the Order. The Order is considered complete at the moment when the Customer is delivered an e-mail message from the Seller confirming the completeness of the Order.

4.8. When executing the Order, resp. when registering a User Account, the Customer is obliged to state all data correctly and truthfully. The Customer is obliged to immediately update the User Account data in the event of any change. All data provided by the Customer within the User Account or during and / or in connection with the execution of the Order are considered by the Seller to be true, current and correct.

CONTRACT

5.1. Under the contract, the Seller undertakes, inter alia, to hand over to the Customer the Goods which are the subject of the purchase and to enable him to acquire ownership of them, and the Customer undertakes, inter alia, to take over the Goods and pay the Price to the Seller.

5.2. The Agreement between the Seller and the Customer is concluded:
5.2.1. in the case of an Order made via the E-shop, by telephone, post or e-mail at the moment the Customer receives an e-mail message from the Seller confirming receipt of such Order (in this e-mail the Seller will also send the Customer a copy of the GTC);
5.2.2. in the case of a personal Order, the moment the Seller confirms in writing to the Customer the acceptance of such Order.

5.3. The Seller reserves the right to request additional confirmation of the Order by the Customer; In such a case, the Contract is concluded only at the moment of re-confirmation of the Order by the Customer. If the Customer does not reconfirm the Order within 2 working days of the Seller's request, the Seller will automatically cancel the Order and the Contract will not be concluded.

USER ACCOUNT

6.1. Access to the Customer's User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access the User Account.

6.2. The Customer is not entitled to allow the use of the User Account to third parties.

6.3. The Seller reserves the right to cancel the Customer's User Account, especially in case of non-use for more than 3 years or in case of breach of any of the Customer's obligations related to the User Account or arising for him, especially from any contract concluded with the Seller (including business conditions forming part of it).

6.4. The Customer acknowledges and agrees that his User Account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller or third parties.

6.5. In no case shall the Seller be liable for any damage incurred by the Customer as a result of a breach of any of its obligations under this Article 6 of the GTC.

TERMS OF DELIVERY

7.1. The method of delivery of the Goods is chosen by the Customer from the options specified by the Seller during the creation of the Order.

7.2. The Customer is obliged to take over the delivered Goods. Goods purchased in the E-shop can be delivered to the Customer in any of the following ways:
7.2.1. personal collection at the Establishment; or
7.2.2. by sending to the address specified by the Customer in the Czech Republic or Slovakia, through the company PPL CZ - in such a case payment for the Goods in advance is required;
7.2.3. through the PPL ParcelShop service provided by PPL CZ, ie by delivering the ordered Goods to the dispensing point chosen by the Customer during the Order - in such a case, payment for the Goods in advance is required;
7.2.4. by sending to the address specified by the Customer abroad, via the company Česká pošta, sp, IČ: 47114983 - in such a case, payment for the Goods in advance is required.

7.2.6. through the Zásilkovna service provided by Zásilkovna sro IČO: 28408306, ie by delivering the ordered Goods to the dispensing point chosen by the Customer during the Order - in such a case payment for the Goods in advance is required;

7.3. The delivery period is governed primarily by the information on the availability of the Goods specified in the E-shop for a specific type of Goods. The goods that the Seller has in stock are usually shipped 1-3 working days after receiving the Order or payment (if payment or advance payment is selected or required), the usual delivery time of the Goods to the Customer is 1-2 working days from the date of dispatch. For Goods that the Seller does not have in stock, the expected time of dispatch and subsequent delivery of the Goods is extended by the time specified in the data on the availability of the Goods. The Customer is informed by e-mail that the Goods have been shipped.

7.4. If the purchased Goods cannot be delivered within the specified delivery period, the Seller shall immediately notify the Customer of this fact, together with information on the replacement delivery date of the ordered Goods, or offer the Customer a replacement (comparable) Goods. In such a case, the Customer is entitled not to accept the replacement delivery date or replacement Goods and to withdraw from the Contract instead.

7.5. The Customer is obliged to demonstrably and in a timely manner inform the Seller about the change of the place of delivery of the ordered Goods or the contact person. In no case shall the Seller be liable for damage caused by incorrect or delayed delivery of the Goods, if such delivery of the Goods was caused due to non-fulfillment of this obligation of the Customer.

7.6. In the event that for reasons on the part of the Customer it is necessary to repeatedly deliver the Goods or delivery in a manner other than the one chosen by the Customer in the Order, the Customer is obliged to pay all costs associated with such delivery.

7.7. If the Customer has chosen to pick up the Goods in person at the Premises, the Seller will be informed as soon as the Goods are ready for collection. If the Customer does not pick up the Goods ordered for personal collection within 14 days from the day when the Customer was sent a notification to his e-mail address that the Goods are ready for collection and unless the Customer agrees otherwise with the Seller in a specific case, the Seller The Customer's order is canceled and the Contract is canceled without further notice.

7.8. Upon receipt of the Goods from the carrier, the Customer is obliged to check the condition of the shipment (especially the integrity of the package of the shipment, the number of packages) and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized intrusion into the shipment, the Customer is not obliged to take over the shipment from the carrier.

PAYMENT

8.1. The method of payment for the Goods is chosen by the Customer from the options specified by the Seller when creating the Order. The Seller does not require a deposit or other similar payment from the Customer, but in justified cases the Seller requires payment for the Goods in advance.

8.2. The Customer acknowledges and agrees that in the case of delivery of the purchased Goods to the place specified by the Customer, the Customer is obliged to reimburse the Seller together with the Price for the Goods also costs associated with packaging and delivery of the Goods to the designated place; the amount of these costs is determined according to the prices stated on the day of placing the Order on the E-shop website. Unless expressly stated otherwise below, the Price also includes costs associated with the packaging and delivery of the Goods.

8.3. The price for the Goods can be paid:
8.3.1. in cash or by payment card at the Premises upon personal receipt of the Goods; or
8.3.2. cashless transfer to the Seller's account No. 2802148727/2010 for the Czech Republic and Slovakia - if the Customer chooses this method of payment and if the funds corresponding to the Price for the Goods ordered by the Customer are not credited to the Seller's account within 7 working days from the Order, the Seller cancels and the Agreement is automatically terminated or
8.3.3. cashless payment card via the Internet (in such a case, settlement takes place according to the conditions of the relevant bank and / or the operator of the relevant payment card); or

whereas in the case of the method of payment according to sub - para. 8.3.3, 8.3.4. The GTC will dispatch the Goods by the Seller only after the payment has been credited to his bank account.

8.4. The Seller warns that the Customer, who in the past did not take over the Goods ordered by cash on delivery or did not pay the Price for the ordered Goods, the Seller will demand payment in advance for each subsequent Order, with the ordered Goods being shipped or handed over to the Customer only after the funds are corresponding to the full Price for the Goods paid to the Seller (ie after crediting the Seller's bank account or after payment at the Establishment). In such a case, if the Price for the ordered Goods is not paid by the Customer within 15 days from the date of the Order, the Customer's Order will be automatically canceled by the Seller and the Contract will be canceled without further notice.

8.5. The Seller further reserves the right to require from the Customer, who has outstanding debts to the Seller overdue or had such debts in the past, payment in cash upon delivery of the Goods or payment in advance by transfer to the Seller's account. If the Customer does not accept this condition, the Seller reserves the right to deliver the ordered Goods only after paying all its debts to the Seller and such action can not be considered a delay of the Seller with the delivery of the Goods or a breach of any other obligation.

8.6. The Seller further warns that if the Customer orders Personalized Goods, the Seller will require payment of the Price for such Personalized Goods in advance. Production of the ordered Personalized Goods will begin only after the funds corresponding to the entire Price for Personalized Goods have been paid to the Seller (ie after payment at the Establishment or after crediting the Seller's bank account). If the Price for the ordered Personalized Goods is not paid by the Customer within 15 days from the date of the Order, the Seller shall automatically cancel the Customer's Order and the Contract shall be canceled without further notice.

8.7. In the case of payment of the Price by non-cash transfer, the Customer is always obliged to state the variable symbol, which is the Order number. In such a case, the price is considered paid at the moment of crediting the corresponding funds to the Seller's account. If the Customer does not state the variable symbol or does not state it correctly, the Seller is entitled to delay the shipment of the Goods until the Customer's payment is identified with certainty and such delay of the Goods cannot be considered in any case a delay of the Seller his other duties.

8.8. The tax document - invoice and any other documents will be handed over to the Customer together with the Goods, or sent after payment of the full Price for the Goods to his e-mail address.

8.9. If the Seller agrees with the Customer that the Price for the Goods will be paid by the Customer only on the basis of the invoice issued by the Seller, the Price is payable within 7 days of delivery of the Goods to the Customer or by the due date stated on the issued invoice (whichever is later). .

8.10. The Customer is entitled to return the tax document - invoice by the due date (ie deliver it to the Seller in a verifiable manner), if the tax document contains incorrect price data or if any of its legal requirements are missing. Together with the returned tax document, the Customer is obliged to specify in writing the defects which, in his opinion, the tax document shows. In the event that the tax document is actually issued incorrectly, the Seller will issue a new tax document to the Customer. The Customer's obligation to pay the Price within the due date stated on the original tax document is not affected, unless the defect of the tax document consists in an incorrectly determined amount (in this case the due date of the tax document begins from the date of delivery of the corrected tax document to the Customer).

8.11. In the event of the Customer's delay in paying the Price (part thereof), the Customer loses the right to discounts that the Seller may have provided; The Customer, who is not a Consumer, is at the same time obliged to pay the Seller a contractual penalty in the amount of 0.05% of the amount due for each day of delay.

8.12. The Seller is obliged to issue a receipt to the Customer and at the same time is obliged to register the received revenue with the tax administrator online. In the event of a technical failure, no later than 48 hours. The customer agrees to the issuance of the tax document in electronic form.

GOODS REPLACEMENT

9.1. In the event of incorrect selection of the Goods (eg inappropriate size, etc.), the Seller offers the Customer the option of exchanging the purchased Goods, provided that this allows the Seller to have the availability of the newly requested Goods and its stock. However, the Purchased Goods must be returned to the Seller undamaged, unused,
complete, unworn, unwashed and of the same size, in the original undamaged packaging, including all identification labels and together with the tax document - invoice.

9.2. It is not possible to exchange Goods that are damaged during its transport back to the Seller as a result of the Customer's choice of unsuitable packaging.

9.3. All costs associated with such exchange of Goods shall be borne in full by the Customer.

WITHDRAWAL FROM THE CONTRACT

10.1. The Seller is entitled to withdraw from the Contract if:
10.1.1. the Customer finds himself in arrears with the payment of the Price and does not rectify this delay even in an additional period of 7 days from the day when he was invited to do so by the Seller (this agreement shall apply if another provision of these GTC does not combine
with non-payment for the Goods, cancellation of the Contract); or
10.1.2. the Customer finds himself in delay with the acceptance of the ordered Goods and does not rectify this delay even within an additional period of 7 days from the day when the Seller called for it (this agreement applies if another provision of these GTC does not combine the non-acceptance of the ordered Goods ; or
10.1.3. exceptionally, there will be a situation where the Seller will not be able to deliver the ordered Goods under the agreed conditions due to a reason on the part of third parties or force majeure; or
10.1.4. in the period from the conclusion of the Contract to the dispatch of the ordered Goods there will be significant changes in the supplier's prices and / or transportation prices of the Goods and / or the Seller finds that the Goods were offered by mistake at the wrong price and the Customer did not accept the corresponding change. transport) and no other agreement was reached between the Seller and the Customer.

10.2. The Customer is entitled to withdraw from the Contract in the event that the Seller is in delay with the delivery of the Goods and does not rectify this delay even within an additional period of 15 days from the date on which it was requested by the Customer to do so.

10.3. By agreement according to paragraph 10.1. and 10.2. The GTC do not affect the possibility of the contracting parties to withdraw from the Contract for reasons stipulated by law or other provisions of the GTC. However, the Customer, who is not a Consumer, is in no case entitled to withdraw from the Contract exclusively for the reason for which the law allows the Consumer.

10.4. Unless otherwise provided by law or the GTC in a specific case, any withdrawal from the Contract must be in writing and must state the reason for withdrawal, while the written expression of will to withdraw from this Contract must be demonstrably delivered to the other party. Upon delivery of the expression of intent to withdraw from this Agreement to the other party, the Agreement is terminated from the beginning.

10.5. The Seller warns and the Customer acknowledges and agrees that if the Customer withdraws from the Contract unjustifiably (invalidly) and still sends the purchased Goods back to the Seller, the Seller will not accept the shipment containing the returned Goods, or send it back at the Customer's expense; if the shipment cannot be delivered back to the Customer, the Seller shall dispose of the Goods at its discretion without the Customer's right to a refund of funds paid, possibly in connection with the purchase of these Goods to the Seller.

10.6. If the Customer, who is not a Consumer, legitimately exercises his right to withdraw from the Contract, he is obliged to return to the Seller the purchased Goods undamaged, unused, complete, unworn, preferably in the original packaging with all identification labels, unwashed and the same size, no later than 14 days from the date of withdrawal from the Contract. The Customer, who is not a Consumer, acknowledges and agrees that if he returns the Goods to the Seller incomplete or demonstrably used or damaged, the Seller is entitled to such compensation from such Customer for the reduction in the value of the Goods; the Seller is entitled to unilaterally set off this right against the right of the Customer, who is not a Consumer, to a refund of the Price. In such a case, the Seller shall return to the Customer, who is not a Consumer, funds in the amount corresponding thereto. The Customer, who is not a Consumer, further acknowledges and agrees that if the return of the Goods is not possible or if the returned Goods are not for sale (eg due to destruction or extensive damage), the Seller's claim for monetary compensation for impairment of the Goods their amount correspond to the full Price of the Goods.

10.7. The Seller warns and the Customer acknowledges that it is not possible to withdraw from the contracts specified in § 1837 of the Civil Code, especially the Customer cannot withdraw from the Contract, the subject of which is the purchase of Personalized Goods (this does not affect the Customer's rights from the Seller's liability for defects of Personalized Goods).

WITHDRAWAL FROM THE CONTRACT WITHOUT REASONING

11.1. Except as provided in paragraph 10.7 above. The Customer - Consumer is entitled to withdraw from the Contract without giving a reason, within 14 days (i) from the date of receipt of the purchased Goods; or (ii) if the subject of the Contract is several types of Goods or the delivery of several parts, from the date of taking over the last delivery of the Goods. The period for withdrawal from the Contract stated in the previous sentence is considered to be observed if the Customer - Consumer sends a notice to the Seller during its withdrawal that he withdraws from the Contract (even without stating a reason).

11.2. Such withdrawal from the Contract may be made in person at the Establishment, or it may be delivered in writing to the address of the Establishment or electronically to the e-mail address info@bagrpark.cz. For the purposes of this withdrawal from the Contract, the Customer - Consumer may use the form, which forms an appendix to these GTC.

11.3. In case of withdrawal without giving a reason, the Customer - Consumer is obliged to return the purchased Goods to the Seller, at his own expense and no later than 14 days after the withdrawal of the Customer - Consumer from the Contract (i) in person, at the Premises or (ii) by sending to Establishments (however, recommended, not cash on delivery). Customer - The consumer bears the cost of returning the Goods if this cannot, by its nature, be returned by regular mail.

11.4. In the event of withdrawal without giving a reason, the Seller will return the Price to the Customer - Consumer no later than 14 days from withdrawal. However, the Seller is not obliged to return the Price to the Customer - Consumer before the Customer - Consumer hands over the Goods to him or proves that he has sent the Goods to him. Together with the Price, they will return in the event of withdrawal without
stating the reason, the Seller also to the Customer - Consumer also additionally charged costs for delivery of Goods, but if Customer - Consumer has chosen other than the cheapest method of delivery of Goods, Seller will return the cost of delivery of Goods corresponding to the cheapest offered method of delivery.

11.5. The Customer - the Consumer is liable to the Seller only for the reduction of the value of the Goods as a result of handling the Goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, incl. its functionality. The Customer - the Consumer acknowledges that if he returns the Goods to the Seller with a reduced value as a result of handling the Goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, incl. its functionality, the Seller is entitled to such compensation from such Customer for the reduction in the value of the Goods.

CUSTOMER RIGHTS FROM THE SELLER 'S LIABILITY FOR DEFECTS

12.1. The Seller's liability for defects in the Goods, which appear to be in conflict with the Contract after taking over the purchased Goods, is governed by the relevant provisions of the Civil Code and the Consumer Protection Act (in the case of the Customer - Consumer).

12.2. The Seller is responsible to the Customer for the integrity of the Goods upon receipt; the delivery of other Goods is also considered a defect. In particular, the Seller is responsible to the Customer that at the time when the Customer took over the Goods:
12.2.1. the purchased Goods have the properties that the parties have agreed in the Contract, resp. the characteristics described by the Seller or expected by the Customer with regard to the nature of the Goods and on the basis of the advertisement performed by the Seller;
12.2.2. the Goods are suitable for the purpose stated by the Seller for their use or for which Goods of this type are usually used;
12.2.3. The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
12.2.4. the Goods are in the appropriate quantity, measure or weight; and
12.2.5. The goods comply with the requirements of legal regulations.

12.3. Arrangements according to paragraph 12.2. The GTC shall not apply (i) to Goods sold at a lower Price for a defect for which a lower Price was agreed, (ii) to wear and tear of the Goods caused by its normal use, (iii) to used Goods for a defect corresponding to the degree of use or wear upon acceptance by the Customer, or (iv) if it follows from the nature of the Goods.

12.4. The Customer's rights arising from the Seller's liability for defects in the Goods, including the Seller's warranty liability, are exercised by the Customer at the Seller's address at the Premises (in person or in writing) or electronically at the e-mail address info@bagrpark.cz.

12.5. The Customer's right from defective performance is based on (i) a defect that the Goods have when the risk of damage passes to the Customer, even if it manifests itself later and / or (ii) a defect that occurred later, if the Seller caused it by breach of its obligation. The risk of damage passes to the Customer by taking over the Goods.

12.6. If the purchased Goods are not in accordance with the Contract upon acceptance by the Customer (hereinafter referred to as the “Conflict”), the Customer has the right for the Seller to return the Goods to the condition corresponding to the Contract free of charge and without undue delay, according to the Customer's request either by exchanging the Goods or its repair; if such a procedure is not possible, the Customer may request a reasonable discount from the Price of the Goods or withdraw from the Contract. This does not apply if the Customer knew about the Conflict before taking over the Goods or caused the Conflict himself. A discrepancy which manifests itself within 6 months from the date of receipt of the Goods shall be deemed to be a discrepancy already existing at the time of its receipt, unless this contradicts the nature of the Goods or unless the contrary is proved.

12.7. The right of defective performance does not belong to the Customer, if the Customer knew before taking over the Goods that the Goods had a defect, or if the Customer himself caused the defect.

QUALITY GUARANTEE, COMPLAINTS

13.1. The Seller provides a quality guarantee for the Goods sold by him for a period of 24 months. The warranty period begins on the day on which the Customer receives the Goods. The Seller warns that in the event of a complaint being settled in the form of an exchange of the Goods, a new warranty period does not run.

13.2. As proof of warranty, the Seller usually issues a proof of purchase (tax document - invoice) for each purchased Goods with the data specified by law, which are required for the application of the warranty. At the Customer's request, the Seller will provide a guarantee in the form of a guarantee certificate.

13.3. The Seller recommends that the Customer inspect the purchased Goods immediately after receipt and inform the Seller in the event of any defects, in one of the following ways:
13.3.1. in person, at the address of the Establishment;
13.3.2. electronically, by sending an e-mail message to an e-mail address
info@bagrpark.cz;
13.3.3. in writing, at the address of the Establishment, preferably in the original packaging or suitable transport packaging, with a description of the defect and its possible manifestation, a document proving the purchase of Goods (ie tax document or its copy or warranty card) and contact details of the Customer (especially return address, e-mail and / or phone number). Likewise, the Seller recommends choosing the preferred method of handling the complaint (repair, exchange, return of funds, withdrawal from the Contract).

13.4. The moment of claim is considered to be the moment when the Seller received the claimed Goods from the Customer.

13.5. The Customer is not entitled to a warranty if the defect caused an external event after the transfer of the risk of damage to the Goods to the Customer (unless the defect was caused by the Seller). Furthermore, the warranty does not cover damage caused by:
13.5.1. mechanical damage to the Goods,
13.5.2. by using the Goods in conditions that do not correspond (especially to temperature, dust, humidity, chemical and mechanical influences of the environment) to the purpose, nature and character of the Goods,
13.5.3. improper handling or operation or incorrect care of the Goods,
13.5.4. damage caused by excessive loading or use contrary to the purpose, nature and nature of the Goods,
13.5.5. damage from natural elements or force majeure.

13.6. In the event of a complaint about the Goods, the Seller shall issue to the Customer a written confirmation of when the complaint was made, what its content is and what method of settlement is requested by the Customer, by e-mail or in person (if the Customer complains about the Goods in person) immediately after receiving the complaint. The Seller warns and the Customer acknowledges that such a written confirmation serves only as proof of receipt of the complaint, with the proviso that the justification of the complaint will be assessed only subsequently, within the complaint procedure.

13.7. The Seller informs the Customer that the complaint has been settled and in what way to the e-mail address provided by him or through another contact information provided by the Customer.

13.8. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints (including elimination of defects) will be handled by the Seller without undue delay, but no later than within 30 days from the date of its application (unless the Seller and the Customer agree otherwise). Subsequently, the Seller shall issue to the Customer a confirmation of the date and manner of handling the complaint and its duration, or a written justification for rejecting the complaint. The Customer is obliged to provide the Seller with the cooperation necessary to settle the complaint (extension of the deadline for settling the complaint caused by the Customer's failure to provide the necessary cooperation cannot be considered a delay of the Seller or a breach of any other obligation).

13.9. In the event of a justified complaint, the Customer has the right to reimbursement of the lowest costs necessary to file a complaint (especially the basic postage); The seller does not reimburse the costs of express transport and similar services, the use of which is not necessarily necessary for the complaint. The Customer is obliged to ask the Seller to reimburse the costs without undue delay, but no later than within 1 month from the end of the warranty period.

OTHER PROVISIONS

14.1. Ownership of the purchased Goods is acquired by the Customer, who is not a Consumer, at the time of payment of the Price for the Goods.

14.2. The Seller is entitled to sell the Goods on the basis of a trade license and the Seller's activities are not subject to any other permit. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. Supervision of compliance with the Consumer Protection Act is performed to a limited extent by the Czech Trade Inspection Authority (address of the Central Inspectorate: Štěpánská 567/15, 120 00 Prague 2, web: www.coi.cz). Supervision over the area of personal data protection is performed by the Office for Personal Data Protection (www.uoou.cz, registered office: Lt. Col. Sochora 27, 170 00 Prague 7).

14.3. The Customer acknowledges that the software and other components forming the web interface of the E-shop (including photographs of the offered Goods) are protected by copyright. The Customer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the E-shop.

14.4. The Customer is not entitled to use mechanisms, software or other procedures when using the web interface of the E-shop, which could have a negative effect on the operation of the web interface of the E-shop. The web interface of the E-shop can be used only to the extent that is not to the detriment of the rights of other Customers, and which is in accordance with its purpose.

14.5. In relation to the Customer - Consumer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

14.6. The Seller is not liable for errors caused by third party interventions in the E-shop web interface or as a result of using the E-shop website contrary to its purpose.

14.7. Customer - The consumer expressly agrees to the communication of data according to § 1811 paragraph 1 of the Civil Code and data according to § 1820 paragraph 1 of the Civil Code by publication on the Eshop website, as well as by their inclusion in these GTC, which can be stored and displayed repeatedly considers the communication of this information to be sufficient.

14.8. The Seller is entitled to unilaterally set off all its receivables from the Customer against the receivables of the Customer from the Seller.

14.9. The Customer acknowledges and agrees that if the Seller, his representative, an employee or another person authorized by him acts against the Seller instead of the Customer, the Customer is obliged to act towards the Seller as if he had done it in person, in full.

14.10. Information on the processing of personal data by the Seller is available at www.bagrpark.cz.

14.11. Contact details of the Seller - address for service of documents: Třinecká 991, 273 43 Buštěhrad), electronic address: info@bagrpark.cz

PROBLEM SOLVING

15.1. The out-of-court settlement of complaints from Customers - Consumers is provided by the Seller via the e-mail address info@bagrpark.cz. The Seller shall send information on the settlement of the Customer's complaint to the Customer's e-mail address specified in his complaint. You can also contact the Czech Trade Inspection Authority (www.coi.cz) with a complaint.

Out-of-court settlement of consumer disputes: The entity subject to substantive out-of-court settlement of disputes between the Seller and the Customer - the Consumer is the Czech Trade Inspection Authority ( www.coi.cz ). Customer - The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ .

15.2. If the relationship established by the Treaty and / or related to it contains an international (foreign) element, the parties agree that such a relationship is fully governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations, which cannot be deviated from by agreement of the parties. The Seller and the Customer expressly choose the District Court as materially and locally competent to decide on all disputes arising from the Contract (including these GTC) or related to it.

15.3. The Customer, who is not a Consumer, assumes the risk of a change in circumstances.

FINAL PROVISIONS

16.1. If any provision of the GTC is invalid or ineffective, or becomes invalid or ineffective in the future, the parties to the Contract undertake to follow such a provision, the meaning of which is as similar as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision of the GBC does not affect the validity or effectiveness of other provisions of the GBC. Amendments to the Contract, resp. GTC must be made in written or electronic form.

16.2. Unless otherwise stipulated or unless the contracting parties agree otherwise, all correspondence related to the purchase of the Customer in the E-shop, resp. with the Contract will be made via e-mail messages or in writing. The permissible form of delivery of written correspondence is personal delivery compared to the signature or delivery by post in the form of a registered consignment to the address of the Establishment or to the address of the Customer specified by him. For the purposes of the Agreement, delivery of written correspondence is also considered to be a case where the addressee refuses personal delivery or delivery by post or if the written correspondence deposited at the post office as undelivered is not collected by the addressee within 10 days of such deposit. day after storage. In the case of electronic correspondence, delivery is considered to be the moment of receipt of electronic correspondence on the incoming mail server, while the integrity of messages sent by electronic mail can be ensured by a certificate.

16.3. An integral part of these GTC is an appendix - a sample form for withdrawal from the contract.

16.4. These GTC take effect on November 20, 2018. The GTC are available to the Customer on the Eshop website. The Seller reserves the right to change the GTC according to its needs in accordance with the business strategy and the current state of the market, while the new version of the GTC is always published by the Seller on its website and this is valid from the date of their publication. However, the change in the wording of the GTC does not affect the rights and obligations arising during the period of validity of their previous wording.

Attachment:
Sample form for withdrawal from the contract
(fill in this form and send it back only if you want to withdraw from the contract)
Notice of withdrawal from the contract
- Addressee: BAGRPARK sro, Třinecká 991, 273 43 Buštěhrad, IČ: 14338165, DIČ: CZ14338165 e-mail address info@bagrpark.cz

- I / we declare (*) that I hereby withdraw (*) from the contract for the purchase of this
goods (*) / on the provision of these services (*)

- Date of order (*) / date of receipt (*)

- Name and surname of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only if this form is sent in paper form)

- Date

(*) Strike out what does not apply or complete the information