Terms and Conditions
1) GENERAL PROVISIONS
As a condition of purchase in the online store www.climbingworldcup.store, hereinafter referred to as the “Online Store”, the acceptance of these Terms and Conditions and the Complaints Procedure of the Online Store, which are an integral part of the Seller's offer to conclude a purchase contract. By sending an order via the Online Shop, the Buyer confirms that he/she has read the Terms and Conditions and the Complaints Procedure, that he/she accepts them without reservation and expressly accepts them. These Terms and Conditions further define and specify the rights and obligations of the Seller and the Buyer within the contractual relations concluded through the online store www.climbingworldcup.store. The Buyer has the opportunity to familiarize himself with these terms and conditions before sending his order and is sufficiently notified in advance.
The Seller and the operator of the online shop www.climbingworldcup.store is Jellyfish s.r.o., a company registered in the Commercial Register maintained by C 187557 - Municipal Court in Prague, registered office Wichterlova 2372/10, Prague, 18200, ID No. 24195154
Bank connection
CZK:
Bank account: 2800781932/2010
IBAN: CZ29 2010 0000 0028 0078 1932
BIC (SWIFT): FIOBCZPP
Contact point and mailing address climbingworldcup.store
Jellyfish s.r.o., Mladoboleslavská 1116, Prague 9, 197 00,
E-mail: info@climbingworldcup.store,
Phone: +420 732 460 821
2) ORDERING GOODS
The Buyer agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer. The subject of the contract is only the goods specified in the purchase contract - order. The condition for the validity of the electronic order is the correct completion of all the required data and details in the order form. The order is also a draft purchase contract, where the purchase contract itself is subsequently formed at the moment of delivery with binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller. The offer to sell the goods and the prices of the goods remain valid for as long as they are displayed in the web interface of the Climbingworldcup online shop. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone). The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached the purchase contract including the terms and conditions. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale is concluded in English.
If you have any questions, please contact us at info@climbingworldcup.store
3) ORDER CONFIRMATION
The order is accepted immediately. We will send you an order confirmation immediately by e-mail to the e-mail address you provided in your order. You will also be informed by e-mail about the status of your order and the final dispatch of the shipment.
In case of any doubts, we will of course contact you.
4) PAYMENT AND DELIVERY
We accept payment by online card, online transfer, Apple Pay, Google Pay.
If you have chosen to pay by cash on delivery, please note that in the event of non-acceptance of the shipment, we are entitled to claim the shipping and handling costs incurred.
5) RETURN OF GOODS
In accordance with § 1829 paragraph 1 of the new Civil Code, the buyer-consumer has the right to withdraw from the purchase contract within 14 days of receipt of the goods and return the goods without giving any reason and without any penalty.
The buyer-consumer must send the goods to the address of the establishment or we can issue a return label:
Mladoboleslavská 1116, Praha 9, 197 00 complete, including accessories, gifts, etc., without signs of use, undamaged, in original packaging with tags intact (if the product has a tag) and within 14 days.
Under no circumstances can goods be returned by mail on delivery. Any goods returned in this way will not be accepted by the Seller.
Returned goods must be in their original condition ( unwashed, unworn, un-ironed, not smelling of perfume or anything else ) and marked with the original product identification label if the product contains one. It is also necessary to present the label and barcode card that the customer-consumer received in the package and to fill in the form on our website.
Please send the parcel in the original packaging/box!
Returns on the e-shop can be compensated in two ways:
- by refunding the purchase price back to the card account with which the order was paid within 14 days of receiving the returned goods
- by crediting the next order (the value of the returned purchase price will be transferred to a credit/voucher, which we do not limit in time)
7) ORDER CANCELLATION
An order can be cancelled free of charge in the climbingworldcup.store e-shop within 48 hours of ordering, but only if the order has not yet been shipped or if production of the clothing has not yet begun.
8) COMPLAINT PROCEDURE AND WARRANTY
The e-shop Climbingworldcup is not responsible for goods damaged in transit. Upon receipt of the shipment, check the shipping packaging thoroughly for damage and claim any damage immediately upon receipt of the shipment from the delivery agent. If you find damaged packaging or any other sign of damage to the parcel on receipt, ask the delivery agent to draw up a damage claim report. The buyer does not have to accept the damaged shipment. This reason must be stated in the complaint report. All goods offered in our online shop climbingworldcup.store are subject to inspection. All goods are guaranteed for 24 months from the date of receipt of the goods by the consumer. The warranty only covers manufacturing defects. The Complaints Policy applies to claims for defects in goods that are under warranty or are in breach of the contract of sale. In the event of a legitimate claim, the buyer is entitled to reimbursement of postage costs in the necessary amount. In the event of an unjustified claim, the buyer's right to any compensation for costs related to the handling of the claim shall be extinguished.
Please also check the products immediately after receiving the shipment. Later claims (unless they are a manufacturing defect) will not be considered.
The warranty does not cover:
- defects caused by normal use - change and fatigue of the material in proportion to the length and frequency of wear
- improper use - mechanical damage
- improper storage
- improper maintenance and cleaning
The warranty does not apply to goods for which the warranty period has expired on the date of the claim.
Complaint procedure:
- inform us about the complaint by email info@climbingworldcup.store
- send the claimed goods by registered mail to Mladoboleslavská 1116, Prague 9, 197 00
- enclose a copy of the invoice, which also serves as a warranty card, and enclose a completed complaint form, which can be downloaded below
Your claim will be processed in accordance with the law. We will deal with your complaint as quickly as possible, no later than 30 days from its occurrence, i.e. the receipt of the goods by us. In the case of longer claims, we will inform you immediately about the status of the claim. You will be informed about the settlement of the claim by e-mail. The warranty period is extended by the time the goods have been under warranty repair. In the event of a replacement of the goods, the buyer receives a new warranty of 24 months again.
Depending on the nature of the defect, the buyer - consumer has the following rights when exercising the warranty:
• in the case of a removable defect - the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective parts, unless this is disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract
• if it is an irremovable defect preventing the proper use of the goods - the right to exchange the defective goods or the right to withdraw from the purchase contract
• in the case of removable defects occurring in large numbers or repeatedly and preventing the proper use of the goods - the right to exchange the defective goods or the right to withdraw from the purchase contract
• in the case of other irremediable defects and does not require replacement of the goods, he has the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract
The Seller reserves the right to terminate the business relationship with such purchaser whose claims are excessive or whose purchases are judged to be speculative. The Seller shall be liable to the Buyer for the fact that the item sold is in conformity with the contract of sale when accepted by the Buyer. In the event that the item is not in conformity with the contract of sale upon receipt by the buyer (hereinafter referred to as a breach of the contract of sale), the buyer has the right to have the seller restore the item to a condition consistent with the contract of sale, free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer. If such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew of the breach of the contract of sale before taking delivery of the item or caused the breach of the contract of sale himself.
The others are adequately governed by the generally binding legal provisions arising in particular from Act No. 40/1964 Coll., Civil Code. 513/1991 Coll., Commercial Code, as amended.
9) INSTRUCTING THE CONSUMER ON THE PROCEDURE FOR OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES PURSUANT TO ACT NO. 634/1992 COLL. ON CONSUMER PROTECTION:
Under this Act, the consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services (hereinafter referred to as “consumer dispute”), except for contracts concluded
a) in the field of health services provided to patients by health professionals for the purpose of providing health care38), including the prescription, dispensing and provision of medicinal products and medical devices,
(b) in the field of services of general interest of a non-economic nature,
(c) with public providers of further or higher education-
Subjects of out-of-court settlement of consumer disputes A subject of out-of-court settlement of consumer disputes within the meaning of this Act is
a) in the field of financial services, a financial arbitrator within the scope of competence established by the legislation governing the financial arbitrator39),
b) in the field of electronic communications and postal services, the Czech Telecommunications Office within the scope of competence established by the legislation governing electronic communications and postal services40),
(c) in the field of electricity, gas and heating, the Energy Regulatory Office within the scope of competence established by the legislation governing electricity, gas and heating41),
(d) in cases where the competence of the bodies referred to in points (a) to (c) is not given, the Czech Trade Inspection Authority or another body authorised by the Ministry of Industry and Trade; if the authorised body is a professional chamber with compulsory membership, it shall exercise competence in the area provided for by another law.
THE PROCEDURE OF THE CZECH TRADE INSPECTION AUTHORITY AND THE AUTHORISED BODY IN OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
Application for out-of-court settlement of a consumer dispute
(1) Out-of-court settlement of a consumer dispute shall be initiated at the request of the consumer.
(2) A proposal under subsection (1) shall include
(a) identification of the parties to the dispute,
(b) a full and comprehensible statement of the relevant facts,
(c) an indication of what the claimant seeks,
(d) the date on which the claimant first asserted the right which is the subject of the dispute with the seller,
(e) a statement that the matter has not been decided by a court, an arbitration award has not been made and an out-of-court settlement of the consumer dispute has not been reached between the parties, nor have court proceedings, arbitration proceedings or out-of-court settlement of the consumer dispute been initiated under this Act,
(f) the date and signature of the applicant.
(3) The petition shall be accompanied by evidence of the fact that the petitioner has not been able to resolve the dispute directly with the other party and other documents, if available, supporting the facts alleged. The application shall be accompanied by a power of attorney if the applicant is represented by a power of attorney.
(4) The application may be submitted in writing or orally on the record or electronically via the on-line form provided on the website of the Czech Trade Inspection Authority, signed with a recognised electronic signature or sent via the data mailbox of the person submitting the application. Provided that the application is confirmed within 10 days, or completed by one of the methods referred to in the first sentence, it may be submitted by other technical means, in particular by telefax or a public data network without the use of a recognised electronic signature. The application may be submitted to the delegated body in writing or electronically using the online form on its website.
The initiation of an out-of-court settlement of a consumer dispute is deemed to be the conclusion of an agreement on an out-of-court negotiation between the creditor and the debtor on a right or on a circumstance giving rise to a right, pursuant to the Civil Code
The plaintiff may file a claim with the Czech Trade Inspection Authority or an authorised body within 1 year from the date on which he first asserted his right which is the subject of the dispute with the seller.
Rejection of the proposal
(1) If the application does not contain the particulars referred to in Section 20n(2) or if the documents referred to in Section 20n(3) are not attached, the Czech Trade Inspection Authority or an authorised body shall invite the applicant to complete them within 15 days. Upon expiry of this time limit, the Czech Trade Inspection Authority or the authorised body shall reject the application.
(2) The Czech Trade Inspection Authority or the authorised body shall also reject the application if it finds from the application, the attached documents or otherwise that
(a) the dispute does not fall within their material competence,
(b) the matter has already been decided by a court or an arbitral award has been issued, or court proceedings or arbitration proceedings have been initiated, or an out-of-court settlement of a consumer dispute has already been initiated or completed in the same matter with another entity referred to in Section 20e of this Act,
(c) the claimant has submitted the claim after the expiry of the time limit laid down in section 20p; or
(d) the application is manifestly unfounded.
(3) The application is manifestly unfounded in particular if
(a) the application is a resubmission and the applicant does not prove at the time of submission that he has complied with the conditions laid down, where applicable, in the context of the previous out-of-court settlement of the consumer dispute; or
(b) by bringing it, the applicant is manifestly seeking to abuse his rights to the detriment of the other party.
(4) The Czech Trade Inspection Authority or an authorised body shall inform the parties to the dispute of the rejection of the application together with the reasons for the rejection within 15 days from the date of its receipt, unless the facts constituting the grounds for rejection are ascertained later. In this case, it shall inform the parties to the dispute of the refusal without undue delay from the moment it becomes aware of the reasons for refusal.
Initiation of out-of-court settlement of a consumer dispute
Out-of-court settlement of a consumer dispute is initiated on the day when the Czech Trade Inspection Authority or an authorised body receives a proposal pursuant to Section 20n. If the Czech Trade Inspection Authority or the authorised body does not reject the proposal pursuant to § 20q, it shall notify both
parties to the dispute of the commencement of the out-of-court resolution of the consumer dispute and shall instruct them that
a) they do not need to be represented by a lawyer43),
(b) may use independent advice or representation or assistance of a third party,
(c) the consumer may terminate participation in the out-of-court settlement of the consumer dispute at any stage,
(d) have the right to express their views on the matter,
(e) they may inspect and comment on documentation relating to the pending dispute, make copies or copies of allegations, evidence, documents and facts submitted by the other party,
(f) in the cases referred to in Section 20u(2), be informed in paper form or on another durable medium of the termination of the out-of-court settlement of the consumer dispute and of the facts which led to the termination of the out-of-court settlement of the consumer dispute,
(g) the initiation of an out-of-court settlement of a consumer dispute shall be without prejudice to the right of the parties to the dispute to seek protection of their rights and legitimate interests through the courts.
Cooperation with the Czech Trade Inspection Authority and the authorised body
(1) The seller shall, within 15 working days of receipt of the notification under Section 20r, provide the Czech Trade Inspection Authority or the authorised body with a statement on the facts set out in the proposal.
(2) The seller is obliged to cooperate closely and to provide the Czech Trade Inspection Authority or the authorised body with the cooperation necessary for the effective conduct of the out-of-court settlement of the consumer dispute.
Termination of out-of-court settlement of a consumer dispute
(1) The out-of-court settlement of a consumer dispute must be concluded within 90 days of its commencement.
(2) In the case of particularly complex disputes, the time limit referred to in subsection (1) may be extended for a maximum of a further 90 days.
The parties must be informed without undue delay of the extension of this period and of the total time by which the out-of-court settlement of the consumer dispute can be expected to be completed.
(1) The out-of-court settlement of a consumer dispute shall end
(a) the conclusion of an agreement between the parties to the dispute,
(b) a unilateral declaration by the consumer to the Czech Trade Inspection Authority or an authorised body that he or she has ceased to participate in the dispute resolution,
(c) death, declaration of death, declaration of disappearance or dissolution of one of the parties to the dispute without legal successor,
(d) the expiry of the time limit referred to in Section 20t,
(e) the rejection of an application under section 20r.
(2) The Czech Trade Inspection Authority or an authorised body shall inform the other party to the dispute without undue delay of the termination of the out-of-court settlement of a consumer dispute under paragraph 1(b) or (c). If the out-of-court settlement of a consumer dispute under paragraph 1(d) is terminated, it shall inform both parties to the dispute without undue delay.
(3) The agreement referred to in paragraph 1(a) shall be in writing.
Delivery
The obligation of the Czech Trade Inspection Authority or the authorised body to deliver a document to the parties to a dispute under this Part of the Act shall be fulfilled if it is delivered by means of a public data network to the addressee's data box, to the address specified in the proposal to initiate out-of-court settlement of a consumer dispute or to an address, including an electronic address, which the parties to the dispute communicate to the Czech Trade Inspection Authority or the authorised body for the purpose of delivery. The letter shall be deemed to have been served even if the addressee has not been informed of the service due to circumstances on his/her side.
Costs of out-of-court settlement of consumer disputes
(1) There shall be no charge for out-of-court settlement of consumer disputes.
(2) The costs of out-of-court settlement of consumer disputes shall be borne by the parties themselves.
The Czech Trade Inspection Authority or an authorised body shall establish rules for the out-of-court settlement of consumer disputes, which shall regulate in more detail the procedure for the out-of-court settlement of consumer disputes so as to comply with the rules under this Part of the Act.
This Part regulates the procedure for out-of-court settlement of consumer disputes before the Czech Trade Inspection Authority and the authorised body.
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According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online. In the event of a technical failure, he must then, within 48 hours at the latest.
Attachments: