1. Contact details of the Seller
Name: FIGHTEXPERT - T o m a s B o h d a l, L i p t o v s k á 1 9, O p a v a 6, 7 4 7 0 6, Czech republic
Headquarters/residence: M í r o v á 1 6 6 / 2 3, O s t r a v a, 7 0 3 0 0, O s t r a v a, Czech republic
Company registration number: 7 3 8 0 4 9 0 8
Registered in the Trade Register of the City of Opava.
Contact address: M í r o v á 1 6 6 / 2 3, O s t r a v a, 7 0 3 0 0, O s t r a v a, Czech republic
The Seller agrees to respond to written or electronic correspondence on the part of the Buyer without delay, at the latest within two business days.
The information about the goods and prices provided by the Seller is binding except for a manifest error. The prices are presented including all taxes (e.g. VAT) and fees, excluding delivery costs.
The information about the accepted payment methods is listed here.
Confirmation of the contents of a contract concluded in a non-written form which shows deviations from the actually negotiated content of the contract has no legal effect.
Acceptence of unsolicited performance by the Buyer does not mean acceptance of the offer.
The photos on the shop pages correspond to the goods sold.
Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in the event of a technical outage, at the latest within 48 hours.
3. Delivery of goods
The Seller shall deliver the goods to the Buyer in full, no later than 7 days after the confirmation of the order, unless he specifies another delivery period for the individual goods. If the goods are listed as “In stock”, the Seller will send the goods within two business days at the latest. The Buyer is obliged to take over the goods and pay for them. The Buyer is encouraged to check the goods as soon as possible.
The goods documents, particularly the tax document, confirmation and certificates, shall be sent by the Seller to the Buyer immediately after the receipt of the goods, no later than two days after the goods have been received by the consumer.
Price and delivery method – information here.
4. Order cancellation and withdrawal from the contract
The Buyer may withdraw from the contract within 14 days of the receipt of the goods, or the last part of the delivery, irrespective of the way in which the goods are received or the payment is made. This time limit is intended to ensure that the Buyer has become reasonably familiar with the nature, characteristics and functionality of the goods.
The Buyer is entitled to withdraw from the contract at any time before the delivery of the goods.
The withdrawal from the contract shall be sent or handed over by the Buyer to the Seller within 14 days. The Buyer does not need to state why he is withdrawing from the contract. In order to facilitate communication, it is advisable to indicate in the withdrawal the date of purchase or the contract / sales receipt number, the bank details and the chosen way of returning the goods.
The Seller is obliged to refund the Buyer the amount fully corresponding to the price of the goods and the paid cost of delivery within 14 days of the withdrawal from the contract to their bank account.
If the Seller offers several options under a particular delivery method, he is obliged to refund the Buyer the cheapest one. Within the same timeframe at the latest, the Buyer is required to send or hand over the purchased goods to the Seller. The goods should be returned to the Seller (not on COD) complete, preferably in the original packaging, not showing signs of wear or damage. The cost of returning goods is borne by the Buyer.
If the returned goods are damaged due to the breach of the Buyer's obligations, the Seller is entitled to claim a reduction in the value of the goods against the Buyer and count it into the refund.
Exceptions: The right to withdraw from the contract cannot be invoked in contracts for the supply of goods adapted to the consumer's wishes or for him/her and in contracts for perishable goods, and goods which have been irreversibly mixed with other goods or removed from the sealed packaging and cannot be returned for hygienic reasons (e.g. dietary supplements).
A sample/online withdrawal form is available here.
5. Rights and obligations resulting from an improper performance
Quality upon the receipt of the goods
If the received goods are defective (e.g. they do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are incomplete, their quantity, degree, weight or quality is not in conformity with other legal, contractual or even pre-contractual parameters), defects of the goods for which the seller is responsible.,), it is the Seller who is responsible for the defects of the goods.
The Buyer may claim, not later than two years after the receipt of the goods as required, a free removal of the defect or a reasonable discount from the Seller’s price; and, if this is not disproportionate to the nature of the defect (in particular, if the defect cannot be eliminated without undue delay), the Buyer may also claim the supply of a new item without defects or a new component without defects if the defect affects only a certain component.
If the repair or replacement of the goods is not possible, the Buyer may request a refund of the full purchase price on the basis of the withdrawal from the contract.
Within six months of the receipt of the goods, it is assumed that the defect existed already upon the receipt of the goods.
The Seller is not obliged to accept the Buyer's claim if he proves that the Buyer knew about or was responsible for the defect.
When selling used items, the Seller is not responsible for defects corresponding to the degree of use or wear. For items sold at a lower price, the Seller is not responsible for any defect for which the lower price was agreed. Instead of the right to replacement, the Buyer is entitled to get a reasonable discount in these cases.
Legal rights resulting from defects
The Seller is responsible for defects occurring after the receipt of the goods in the 24-month warranty period or during its in-use shelf life stated in the advertisement, on the packaging or in the accompanying instructions.
Within this time limit, the Buyer may make a claim and, at his discretion, request in case of a defect that constitutes a material breach of the contract (irrespective of whether the defect is removable or irremovable):
• removing the defect by delivering a new item without defect or by supplying the missing item;
• free repair of the defect;
• a reasonable discount from the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.
A material breach of the contract is a breach about which the party in breach of the contract already knew or had to know that the other contracting party would not have entered into the contract if it had foreseen it.
For a defect that implies a minor breach of contract (irrespective of whether the defect is removable or irremovable), the Buyer is entitled to have the defect removed or get a reasonable discount from the purchase price.
If the removable defect has appeared repeatedly after the repair (third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the Buyer may exercise the right to get a discount from the purchase price, have the goods replaced, or withdraw from the contract.
The Seller is not responsible for any defects resulting from normal wear and tear or non-compliance with the instructions for use.
For selected goods, the Seller undertakes to offer extended warranty to the Buyer.
6. Claim settlement
The Buyer is required to make a claim with the Seller or the person designated to carry out the repair without undue delay from the discovery of the defect. If they do so in writing or electronically, they should provide their contact details, a description of the defect and a request for a way of settling the claim.
Download the form here:
Making a claim (claim sheet)
The Buyer is required to tell the Seller what right he chooses when reporting a defect or without undue delay after the defect is notified. His choice can be changed without the Seller's consent only if the Buyer has requested a repair of a defect that proves to be irremovable.
If the Buyer does not choose his right of a material breach of the contract in a timely manner, they will have the same rights as in the case of a minor breach of the contract.
The Buyer is required to prove the purchase of the goods (preferably with the proof of purchase). The moment of making a claim is considered to be the moment when the Seller receives the Buyer's declaration of will (application of the right of improper performance). The goods should be packed in a suitable package when shipped in order to avoid damage, it should be clean and complete.
The Seller is obliged to decide without delay, and within three business days at the latest, on the complaint, or whether an expert’s judgment will be needed. Within this period, the Buyer will be informed about the need for an expert’s judgment. The claim, including the removal of the defect, shall be handled by the Seller without undue delay, no later than 30 days after it has been made, unless the Buyer agrees in writing with a longer period of time. Upon expiry of this period, the Buyer has the same rights as in the case of a material breach of the contract.
If the Seller refuses to remove the defect, the Buyer may demand a reasonable price discount or withdrawal from the contract.
The warranty shall be extended for a period lasting from the time the claim is made to its settlement or till the Buyer’s obligation to collect the goods.
If it is not possible to monitor the state of the complaint settlement online, the Seller undertakes to inform the Buyer of the claim's settlement by e-mail.
In the case of an eligible claim, the Buyer is entitled to a refund of the costs actually incurred.
7. Settlement of disputes
Disputes between the Seller and the Buyer will be solved by ordinary courts.
The Buyer who is a consumer has the right to out-of-court settlement of a consumer dispute from a purchase contract or a service contract in accordance with Act No. 634/1992 Coll., On Consumer Protection, as amended. The subject that is entitled to carry out the out-of-court settlement is the Czech Trade Inspection. More information is available at www.coi.cz.
An out-of-court settlement of a consumer dispute is initiated only at the consumer's request, only if the dispute has not been resolved directly with the Seller. The proposal may be submitted no later than 1 year after the date on which the consumer has exercised his right, which is the subject of the dispute with the Seller for the first time.
The consumer has the right to initiate the out-of-court dispute settlement online through the ODR platform available at ec.europa.eu/consumers/odr/.
The Buyer may also ask dTest, o.p.s. for advice about his consumer rights using the www.dtest.cz/poradna website or calling the phone number 299 149 009.
The Seller undertakes to preferably seek an out-of-court settlement of disputes with the Buyer if the Buyer does not refuse it. The out-of-court settlement of the dispute can be done through the YourStížnosti.cz service at www.vasestiznosti.cz.
This procedure is not mediation pursuant to Act no. 202/2012 Coll., On Mediation, as amended, nor arbitration proceedings pursuant to Act no. 216/1994 Coll., On Arbitral Proceedings and Enforcement of Arbitral Awards, as amended, and its use does not affect the entitlement of the parties to turn with their claim to the Czech Trade Inspection or a court.
For the duration of the negotiations of the out-of-court settlement of the dispute, the limitation and prescription periods under the Civil Code shall not be commenced until one of the parties expressly refuses to continue with the negotiations.
The Seller undertakes to endeavor to fulfill the dTest's recommendation if the Buyer agrees.
The Czech Trade Inspection (www.coi.cz) carries out oversight of compliance with the obligations under Act No. 634/1992 Coll., On Consumer Protection, as amended.
9. Other provisions
For the purposes of these Trade Conditions, the Buyer means a consumer who is a person who, in contrast to the Seller, does not act in the course of his business or in the exercise of his profession when concluding and fulfilling the contract.
For the purposes of these Trade Conditions, the Seller means an entrepreneur who, in contrast to the Buyer, acts in the course of his business or in the exercise of his profession when concluding and fulfilling the contract.
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If a consumer is the contracting party, the relations not arranged by the Trade Conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
If not a consumer, but an entrepreneur is the contracting party, the relations are governed by the Commercial Code of the Czech Republic.
Changes in the Trade Conditions are only acceptable in a mutually agreed written form.
These Trade Conditions come into force on 1st September, 2018.