INTERNET SHOP BEANY-SPORT.COM

1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company Creative play s.r.o., with registered office at Horská 15, 543 02 Vrchlabí 4, identification number: 06190219, registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 39767, phone +420 603 302 316, e-mail: info@beany.cz [1] (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at the internet address beany.cz (hereinafter referred to as the "Website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").

1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts in the course of ordering goods in the course of his business activity or in the course of his independent exercise of his profession.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1 The display of the goods on the Seller's website (hereinafter also referred to as the "Website") shall be deemed to be an invitation to tender for the conclusion of a purchase contract by the Seller and the order of goods shall be deemed to be a proposal for the conclusion of a purchase contract by the Buyer. Section 1732(2) of the Civil Code shall not apply.

2.2 The trade section of the website ("e-shop") contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the website. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

2.3 The website also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided on the website applies only in cases where the goods are delivered within the Czech Republic.

2.4 To order goods, the buyer fills in an order form, which contains in particular information about:

2.4.1. the ordered goods, their number, colour and size (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

2.4.2. information about the desired method of delivery of the ordered goods and the method of payment for the goods.

2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

2.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and amend the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the "buy" button, at which time the Buyer is notified of the payment obligation and the amount of the payment. The data provided in the order are considered correct by the Seller. The Seller shall immediately notify the Buyer of the acceptance of the order to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").

2.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

2.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

2.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller by any of the following methods; payment options are always specified within the order form:

cash on delivery at the place specified by the Buyer in the order;

by wire transfer to an account;

cashless via a payment system;

cashless by credit card;

3.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

3.4 In case of payment in cash or in case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 working days of the conclusion of the purchase contract, otherwise the order will be cancelled.

3.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

3.6 The Seller is obliged to provide the Buyer with a tax document - an invoice regarding payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

3.7 Unless expressly stated otherwise, any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT - RETURN OF GOODS

4.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.

4.2 Unless the case referred to in Article 4.1 or any other case in which the purchase contract cannot be withdrawn from for the reasons provided for by law, the purchaser shall, in accordance with the provisions of Section 1829 para. In the event that the subject matter of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The buyer may withdraw from the contract by any unequivocal statement made to the seller. The Buyer may use the sample form provided by the Seller, which is attached to the Terms and Conditions, to withdraw from the Purchase Contract. In particular, the Buyer may send the withdrawal from the Purchase Contract in writing to the Seller's business address or to the Seller's e-mail address info@beany.cz.

4.3 In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

4.4 In the event of withdrawal from the Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer without delay, but no later than fourteen (14) days after the Buyer has withdrawn from the Purchase Contract, in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

4.5 If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods under the contract of sale in an amount equal to the cheapest method of delivery offered (excluding personal collection)

4.6 The Buyer shall be liable for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary for the Buyer to become familiar with the nature, characteristics and functionality of the goods. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

4.7 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price paid to the Buyer without undue delay, without any delay, to the account designated by the Buyer.

4.8 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

5. TRANSPORT AND DELIVERY OF GOODS

5.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

5.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.

5.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

5.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

5.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

6. DEFECTIVE PERFORMANCE RIGHTS AND QUALITY GUARANTEE

6.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the Civil Code).

6.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

6.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

6.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

6.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

6.2.4. the goods are in the appropriate quantity, measure or weight

6.2.5. the goods comply with the requirements of the legislation.

6.3 The provisions referred to in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

6.4 Pursuant to Section 2165 of the Civil Code, the Buyer may complain about a defect that becomes apparent in the goods within twenty-four months of receipt; during this period the Seller shall provide a guarantee for defects. In the case of the purchase of a used item, the parties may reduce the time period under Section 2165 to up to one year. The buyer is not entitled to the right of defective performance if he himself caused the defect. A defect in the goods is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.

6.5 As soon as the Buyer discovers a defect, he shall without undue delay point it out to the Seller and hand over the object of performance to the Seller, or store it according to his instructions or otherwise dispose of it in a suitable manner so that the defect can be examined. The buyer may demand the removal of the defect, a reasonable discount or withdraw from the contract. The Buyer shall make the election to resolve the claim. However, the buyer is not entitled to withdraw from the contract if the defect is insignificant. For this purpose, the buyer can use the form for exchange / return / complaint of goods.

6.6 It is provided in accordance with the law that the reasonable discount shall be determined as the difference between the value of the defective goods and the defective goods provided to the buyer.

6.7 Monetary sums payable by the Seller to the Buyer by reason of defective performance, whether by reason of the provision of a reasonable discount or if the Buyer withdraws from the Contract, shall be refunded by the Seller at its own expense without undue delay, but not later than fourteen days from the date on which the Buyer has successfully asserted the relevant defective performance right with the Seller.

6.8 A time limit of 30 days is set for the resolution of the Buyer's claims under the Seller's liability for defects, with the Seller being obliged to inform the Buyer of the outcome of the complaint procedure by the end of this time limit and, if the Buyer's claims cannot be resolved within this time limit, the Buyer must be informed in advance and informed of the progress of the complaint procedure within 30 days.

6.9. If the buyer does not take possession of the item within a reasonable time after the seller has informed him of the possibility to take possession of the item after repair, § 2159 paragraph 3 shall apply. 6.9

6.10. If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after he receives the item or after the buyer proves that he has sent the item.

6.11. The Buyer shall assert the rights from the defective performance at the address of the Seller's establishment Creative play s.r.o., Horská 15, 543 02 Vrchlabí. The Seller shall ensure the presence of the employee in charge of handling complaints throughout the opening hours of the establishment. Complaints can also be sent by e-mail to info@beany.cz. The moment when the Seller receives the claimed goods from the Buyer (the day of receipt of the goods) shall be considered the moment of the claim.

6.12. The court shall also recognise the right to claim the defect if it was not pointed out without undue delay after the buyer could have discovered it with sufficient care.

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2 The Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Prague 2, , e-mail: adr@coi.cz, web: adr.coi.cz is competent for out-of-court settlement of consumer disputes (ADR). The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the seller and the buyer in the event of a consumer dispute.

7.3 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.4 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

8. DATA PROTECTION

8.1 The protection of personal data of the buyer, who is a natural person, is provided in accordance with Regulation No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data, Act No. 110/2019 Coll. on the processing of personal data, as amended. Personal data is processed in accordance with the privacy policy available via the Seller's website.

9. CUSTOMER EXPERIENCE VERIFICATION

 9.1 The Seller determines the satisfaction with the purchase of the Buyer through e-mail questionnaires within the framework of the Verified by Customers program, in which the Seller's e-shop is involved. This questionnaire is sent by the Seller to the Buyer every time the Buyer makes a purchase, unless, within the meaning of Section 7(3) of Act No. 480/2004 Coll. on Certain Information Society Services, you refuse to receive our commercial communications or to receive this questionnaire via the Seller's website.

10. SUBMISSION

10.1 The Buyer may be served at the Buyer's electronic address.

11. FINAL PROVISIONS

11.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

11.2 If any provision of the Terms and Conditions is or becomes invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of the Terms and Conditions.

11.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

11.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

11.5 The Seller may change or amend the wording of these Terms and Conditions and such changes shall be effective upon publication of the new Terms and Conditions (amendments thereto) on the Seller's website. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

11.6 Contact details of the Seller: delivery address Creative play s.r.o., Horská 15, 543 02 Vrchlabí, Czech Republic; e-mail address info@beany.cz; telephone +420 603 302 316.

These General Terms and Conditions of Business come into force and effect on 1.5.2025, when they were published on the website www.beany-sport.com

 

Creative play s.r.o.