Terms and Conditions
1. Basic Provisions
1.1 These General Business Terms and Conditions (hereinafter referred to as „Terms and Conditions“) are issued in accordance with the Section 1751 et seq Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code").
Seller identification:
Mayhem s.r.o.
Identification No.: 07729995
Tax identification No: CZ07729995
Registered seat: Kaprova 42/14, 110 00 Praha 1
registered at the Municipal Court in Prague, Section C, Insert 306532
contact information:
e-mail: eshop@fighter.eu
telephone: +420 722 235 175
data box: jzqrcdw
www.fighter.eu
(hereinafter referred to as the "seller")
1.2 These terms and conditions govern the mutual rights and obligations of the seller and the buyer (hereinafter collectively referred to as "parties") when entering into a contract of sale via web interface located on the website fighter.eu (hereinafter "online store"). These contracts are governed by the Civil Code, in particular the provisions on the contract of sale pursuant to Section 2079 et seq.
1.3 An entrepreneur is any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur.
1.4 A consumer is any individual who, outside his trade, business, or profession, enters into a contract or has other dealings with an entrepreneur.
1.5 If the buyer is a consumer, the provisions on consumer protection pursuant to Section 1810 - 1840 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended, shall also apply. In such a case, it is considered to be a consumer contract.
1.6 The provisions of Terms and Conditions are an integral part of the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of these Terms and Conditions.
1.7 These Terms and Conditions are written in Czech and English language. In case of discrepancy between these language versions, the Czech version shall prevail.
2. Information about products and prices
2.1 Information about the products, including prices of individual products and their main properties are stated in the online store catalogue. The prices of products are listed including value added tax (hereinafter referred to as "VAT"). The prices of the products remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a contract of sale under individually agreed conditions.
2.2 All presentations of products placed in the online store catalogue are of an informative nature and the seller is not obliged to enter into a contract of sale regarding these products.
2.3 Information regarding all costs associated with the packaging and delivery of products is quoted in the online store.
2.4 Any discounts on the purchase price of the products cannot be combined with one another, unless agreed upon by the parties.
2.5 In the case of shipment of products outside the territory of the Czech Republic, the price does not include any customs and other fees that may fall on the shipped products under the laws of the destination country. The subject of such fees is the buyer.
3. Placing an order and conclusion of a contract of sale
3.1 The costs incurred by the buyer when using means of distance communication in connection with the conclusion of a contract of sale (e.g. the cost of internet connection, the cost of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
3.2 The buyer can order products in the following manner:
a) via his customer account, if he has previously registered in the online store,
b) by filling in the order form without registration.
3.3 When placing an order, the buyer chooses the product, the quantity of products, the method of payment and delivery.
3.4 Before confirming the order, the buyer is allowed to check and change the data he or she entered in the order. The buyer sends the order to the seller by clicking on the SEND ORDER button. The data listed in the order form are deemed correct. The validity of the order is conditioned by entering all mandatory information in the order form and confirmation from the buyer that he has read these Terms and Conditions.
3.5 Immediately after receiving the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address entered by the buyer when ordering. This confirmation is automatic, and it is not considered to be a conclusion of a contract. The contract of sale is concluded only after the seller accepts the order. Notice of acceptance of the order is delivered to the buyer's e-mail address.
3.6 If any of the requirements specified in the order cannot be met by the seller, he will send an amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the contract of sale and in such a case the contract of sale is concluded by the buyer's acceptance of this offer to the seller’s e-mail address specified in these Terms and Conditions.
3.7 All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification that the order has been dispatched. The buyer may cancel the order by telephone or e-mail specified in these Terms and Conditions.
3.8 If there is an obvious technical error on the part of the seller when stating the price of products in the online store or during ordering, the seller is not obliged to deliver the products to the buyer for this obviously incorrect price, even if the buyer had received an automatic confirmation of receipt. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the contract of sale and in such a case the contract of sale is concluded by the buyer’s confirmation to the e-mail address of the seller.
4. Customer‘s account
4.1 Upon the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order products in his customer account. The buyer can also order products without registration.
4.2 When registering in the customer's account and when ordering products, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering products are considered correct by the seller.
4.3 Access to the customer's account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer‘s account by third parties.
4.4 The buyer is not entitled to allow the use of his customer account to third parties.
4.5 The seller may delete the customer‘s account, especially if the buyer does not use his for extended time period, or if the buyer violates his contractual obligations or these Terms and Conditions.
4.6 The buyer acknowledges that the customer‘s account may not be available at all times, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of third party‘s hardware and software.
5. Payment terms and shipping
5.1 The price of products and any costs associated with delivery of products under the contract of sale can be paid using following methods:
a) cashless transfer to the bank account of the seller No. 2801549449/2010, kept at Fio banka, a.s. for payments in Czech crowns (CZK),
b) cashless transfer to the bank account of the seller IBAN: CZ9520100000002601761867, kept at Fio banka, a.s. for payments in euro currency (EUR),
c) cashless transfer to the seller's account via payment gateway operated by the provider Shoptet Pay in CZK or EUR,
d) cash on delivery or payment card when the products are handed over by the carrier,
e) in cash upon personal delivery of the products.
5.2 Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of products in the agreed amount. Unless expressly stated otherwise, the purchase price also includes all costs associated with the delivery and packing of products.
5.3 In case of payment in cash, the purchase price is payable upon receipt of the products. In case of non-cash payment, the purchase price is payable within 14 days of concluding the contract of sale.
5.4 When paying via the payment gateway, the buyer must follow the instructions of the electronic payment provider.
5.5 In case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
5.6 The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before dispatching the order is not an advance.
5.7 Unless otherwise provided by law, according to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
5.8 Ordered products are delivered to the buyer:
a) to the address specified by the buyer in the order,
b) by means of a dispatch to a parcelshop specified by the buyer,
c) in case of personal handover by prior arrangement (only within the city of Prague).
5.9 The method of shipping is selected when placing the order.
5.10 Based on the selected method, the costs of shipping are specified in the buyer's order and in the order confirmation sent by the seller. In the event that the shipping is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of shipping.
5.11 In case the seller is obliged to deliver the products to the place specified by the buyer in the order, the buyer is obliged to take over the products upon delivery. In the event that for grounds on the part of the buyer it is necessary to deliver the products repeatedly or using different shipping method than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery and/or costs associated with another method of delivery.
5.12 Upon receipt of the shipment from the carrier, the buyer is obliged to check the integrity of the packaging and in case of any defects immediately notify the carrier. In case of finding a damage of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
5.13 The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's e-mail address or is attached to the shipment.
5.14 The buyer acquires ownership of the products by paying the full purchase price for the products including delivery costs, but not sooner than taking over the shipment. Liability for accidental destruction, damage or loss of the products passes to the buyer at the time of receipt of the products or the moment when the buyer was obliged to take over the products but did not do so in violation of the contract of sale.
5.15 The Seller is not liable to the Buyer for non-fulfillment of contractual obligations under the concluded contract of sale in the event that such non-fulfillment occurred due to force majeure. Force majeure means an obstacle that is independent of the will of the obligated party and prevents it from fulfilling its contractual obligation if it cannot be reasonably assumed that the obligated party would avert or overcome this obstacle or its consequences, and that at the time the obligation arises he/she foresaw this obstacle. These are mainly natural disasters (floods, earthquakes, epidemics, pandemics and similar situations threatening lives or health, etc.), state intervention, wars, terrorist attacks, strikes or lockouts, operational, traffic and energy failures, disorders of the e-commerce system. Such circumstances are a reason to postpone the fulfillment of contractual obligations on the part of the Seller for the period and to the extent of the effectiveness of these circumstances, and for the duration of these circumstances the Seller shall not be in default. The same applies even if the above circumstances occurred with the Seller's subcontractors. The Seller is obliged to inform the Buyer as soon as technically possible that circumstances precluding liability have occurred.
6. Withdrawal from the contract in case of contracts concluded at a distance or off-premises
6.1 The provisions of this (sixth) section of the Terms and Conditions shall apply in cases where, when concluding a contract with a consumer, the seller uses exclusively at least one means of communication which allows the contract to be concluded without the simultaneous physical presence of the parties (hereinafter "means of distance communication") or if such dealings aim at concluding a contract negotiated outside from business premises of the seller.
6.2 Consumer has a right to withdraw from a contract within fourteen days:
a) from the date of takeover of products,
b) from the day of taking over the last delivery of products, if the subject of the contract is several types of products or delivery of several parts,
c) from the day of taking over the first delivery of products if the subject of the contract is a regular repeated delivery of products.
6.3 Consumer may not withdraw from a contract:
a) for the provision of services if they were performed with his prior express consent before the end of the time limit for withdrawal and the entrepreneur informed the consumer before concluding the contract that he shall thereby lose the right of withdrawal,
b) for the supply of goods or a service whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur and which may occur during the time limit for withdrawal,
c) for the supply of alcoholic beverages which can only be supplied after thirty days and whose price depends on fluctuations of the financial market which are beyond the control of the entrepreneur,
d) for the supply of goods which were customised or personalised for the buyer,
e) for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply,
f) for repair or maintenance work carried out at the place designated by the consumer at his request; however, this does not apply in the case of subsequent unsolicited repairs or supply of unsolicited spare parts,
g) for the supply of sealed goods which were unsealed after supply by the consumer, and which are not suitable for return due to hygiene reasons,
h) for the supply of audio or video recordings or computer software whose original seal was unsealed after supply,
i) for the supply of newspapers, periodicals, or magazines,
j) for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent of the consumer before the time limit for withdrawal and the entrepreneur informed the consumer before concluding the contract that he shall thereby lose his right of withdrawal.
6.4 For products that have been used for training after purchase (e.g. gloves or other protectors), for hygienic reasons listed under Section 6.3 letter g), it is not possible to withdraw from the contract.
6.5 In order to meet the deadline of the withdrawal period, the consumer must send a statement of withdrawal within the withdrawal period.
6.6 To withdraw from the contract of sale, the consumer can use the standard withdrawal form provided by the seller (EN_Withdrawal_From_Contract_Form). Withdrawal from the contract of sale must be sent by the consumer to the e-mail or delivery address of the seller specified in these Terms and Conditions, or to the data box of the seller.
6.7 The seller shall immediately confirm to the consumer that he has received the withdrawal from the contract.
6.8 The consumer who has withdrawn from the contract is obliged to return the products to the seller within 14 days of withdrawal from the contract. The consumer bears the costs associated with the return of the products to the seller, even if the products cannot be returned by ordinary mail due to their nature.
6.9 If the consumer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he has received from him using the same method of payment (if possible). The seller shall return the money received to the consumer using different method only if the consumer agrees and if he does not incur additional costs.
6.10 If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the consumer the cost of delivery in the amount corresponding to the cheapest method of delivery offered by the seller.
6.11 If the consumer withdraws from the contract of sale, the seller is not obliged to return the received money to the consumer before the consumer hands over the products or proves that he has sent the products to the seller.
6.12 The consumer is liable to the seller for the reduction in the value of the products caused by the handling of the products in a manner other than that which is necessary with regard to its nature and properties.
6.13 The seller is entitled to withdraw from the contract of sale due to the sale of stock, unavailability of products, or when the manufacturer, importer or supplier of products has interrupted the production or import of products. The seller shall immediately inform the consumer via e-mail address specified in the order and return within 14 days of the notice of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the consumer.
7. Rights arising from defective performance
7.1 The rights and obligations of the parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
7.2 The rights arising from defective performance in the case where the buyer is an entrepreneur are governed by the relevant provisions of the Civil Code.
Rights arising from defective performance in the case of a consumer
7.3 The seller is liable to the consumer for a defect-free condition of a product upon takeover. The seller is in particular liable to ensure that at the time the consumer takes over the product:
a) the product has the properties stipulated by the parties, and in the absence of such a stipulation such properties which the seller or producer described, or which the consumer expected given the nature of the products concerned and the advertising presented by the seller or producer,
b) the product is suitable to be used for the purpose stated by the seller or to which the product of such kind is usually used,
c) the product’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
d) the product has the quantity, measurement, or weight and
e) the product meets the requirements laid down by legal regulations.
7.4 In case there is a defect within six months from takeover, the product is presumed to have already been defective upon takeover.
7.5 The consumer is entitled to assert his right arising from a defect which occurs in consumer products within twenty-four months from the takeover.
7.6 If the period for which a thing may be used is specified on the sold product, its packaging, the instruction manual attached to the product or in advertising in accordance with other legal regulations, the provisions on quality guarantee apply..
7.7 By a quality guarantee, a seller undertakes that a product will be fit for use for the usual purpose for a certain period or that it will retain the usual properties. Specification of a guarantee period or the “use by” date of a thing on the packaging or in advertising has the same effect. A guarantee may also be provided for an individual component part of a product.
7.8 The provisions set out in points 7.5 and 7.6 of the Terms and Conditions shall not apply:
a) to a defect of a product sold for a lower price for which the lower price was stipulated,
b) to the wear and tear of a product caused by its normal use,
c) to a defect of a used product corresponding to the extent of use of the product or its wear and tear upon takeover by the buyer, or
d) if it follows from the nature of the product.
e) for defect that has occurred mainly as a result of improper use of the product, especially when using it contrary to its designed purpose.
7.9 Consumer shall not have the right arising from a defective performance if, before the takeover of the product, he was aware that the product had a defect, or if the defect was caused by the consumer himself.
Claims arising from defects
7.10 If the product does not have the characteristics set out in point 7.3, the consumer may request:
a) supply of a new product without defects (i.e. replacement of the product), unless it is disproportionate to the nature of the defect. If the defect concerns only a part of the product, the consumer can only request the replacement of the part;
b) if it is not possible, he may withdraw from the contract (and request a refund). However, if this is disproportionate due to the nature of the defect, in particular if the defect can be removed without undue delay, he shall be entitled to have the defect removed free of charge;
c) apart from the rights stipulated in the letter a) and b) (i.e. if he does not withdraw from the contract or does not exercise the right to deliver a new product without defects, to replace its part or to repair the product) the consumer may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver the new product without defects, replace its part or repair the product, as well as if the seller does not remove the defect within a reasonable time or if removing the defect would cause the consumer considerable difficulties.
7.11 In the event of a recurrence of a repairable defect (usually 3 times) after repair or for a larger number of repairable defects, the consumer is entitled to:
a) supply of a new product, or
b) component replacement, or
c) withdraw from the contract.
7.12 When making a warranty claim, the consumer is obliged to inform the seller which right he has chosen. The choice of how the claim is to be settled must be in accordance with the rules set out in point 7.10. The consumer can use the sample form to file a warranty claim (EN_Warranty_Claim_Form).
7.13 The seller is obliged to accept the warranty claim in any establishment in which the acceptance of the claim is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the claim and what method of handling the warranty claim the buyer requires, as well as confirmation of the date and method of handling the warranty claim, including confirmation of repair and duration, or written justification why the claim was rejected.
7.14 The seller or an employee authorized by him decides on the warranty claim 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. Claims, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on an extended period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the contract of sale. The moment of applying the claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) is delivered to the seller.
7.15 In the event that the claimed products are sent to the seller via a carrier, the period under point 7.14 shall begin no earlier than the day on which the seller had the opportunity to take over the claimed product.
7.16 The seller informs the buyer in writing about the result of the warranty claim.
7.17 In case of a justified warranty claim, the buyer has a right to reimbursement of purposefully incurred costs connected to the claim. The buyer can exercise this right within one month after the expiration of the warranty period.
8. Delivery of correspondence
8.1 The Parties may deliver all written correspondence to each other by electronic mail (e-mail).
8.2 The buyer delivers correspondence to the seller to the e-mail address specified in these Terms and Conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the placed order.
9. Personal data
9.1 All information provided by the buyer in dealing with the seller is confidential and will be treated as such. If the buyer does not give the seller written permission, the seller will not use the buyer's data other than for the purpose of performance of the contract, except for e-mail address to which commercial communications may be sent, as this procedure is allowed by law unless explicitly rejected. These communications may only concern similar or related products and may be unsubscribed at any time in a simple manner (by sending a letter, e-mail or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
9.2 For more information about our privacy practices, go to the document Privacy Policy.
10. Out-of-court settlement of disputes
10.1 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: www.coi.cz/en/information-about-adr/, is authorized for the out-of-court settlement of consumer disputes arising from the contract of sale. The online dispute resolution platform at ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a contract of sale.
10.2 European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: evropskyspotrebitel.cz/en/ is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
10.3 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a specified extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
11. Final provisions
11.1 All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the contract of sale contains an international element, the parties agree that the relationship is governed by the law of Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
11.2 In relation to the buyer, the seller is not bound by any codes of conduct pursuant to Section 1826 Article 1 letter e) of the Civil Code.
11.3 All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller
11.4 The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose.
11.5 The buyer hereby assumes the risk of a change of circumstances pursuant to Section 1765 Article 2 of the Civil Code.
11.6 The contract of sale, including Terms and Conditions, is archived by the seller in electronic form and is not accessible
11.7 The Terms and Conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
11.8 These Terms and Conditions take effect on 16 January 2022.