General Business Conditions

These General Business Conditions are valid for purchasing in E-shops run by ARMYSHOP.CZ s.r.o.. These General Business Conditions became effective on November 3rd, 2014.

 

The Trading Company: ARMYSHOP.CZ, s.r.o.

Registered Office: Národní obrany 718/22, Praha 6 - Bubeneč, Czech Republic

Company Number: 25919229

VAT Reg. No.: CZ 25919229

The Company is incorporated in the Companies Register kept with the Municipal Court in Prague, Section C, Inset 129326.

 

1. Introductory Provisions

1.1. These General Business Conditions (hereinafter referred to as the GBC) regulate rights and obligations arising out of sales contracts made between the company of ARMYSHOP.CZ, s.r.o. having its registered office at Národní obrany Str. 718/22, 16000 Praha 6, Bubeneč, Czech Republic, incorporated in the Companies register kept with the Municipal Court in Prague, Section C, Inset 129326 (hereinafter referred to as "the Seller") and the Buyer defined in Par. 419 of Act 89/2012 Sb. as amended as "the Consumer" (hereinafter referred to as "the Buyer").

1.1.1. The Consumer is defined in Par. 419 of Act 89/2012 as amended as any person who, outside the sphere of his/her business activities or outside the sphere of his/her profession, makes a contract with an entrepreneur or otherwise deals with the entrepreneur (hereinafter defined as "the Buyer-Consumer ").

1.1.2. The Entrepreneur is defined in Par. 420 of Act 89/2012 as amended as any person who makes a sales contract relating to his/her own business activities or to his/her profession or, as the case may be, as a person who acts on behalf of the Entrepreneur or on his account (hereinafter referred to as "the Buyer-Entrepreneur ").

1.2. If the provisions of these GBC apply both to the Buyer-Consumer and the Buyer-Entrepreneur , they are hereinafter referred under the common name of "the Buyer".

1.3. The Seller's showroom is located at Slavíkov-Studýnka 160, 54931 Hronov, Czech Republic (hereinafter referred to "the Showroom").

1.4. The legal relations between the Seller and the Buyer-Entrepreneur not explicitly regulated in these GBC shall be governed by the respective provisions of the Civil Code (Act 89/2012 Sb. as later amended) (hereinafter referred to as "the Civil Code") and by the Consumer Protection Act (634/1992 as amended).

1.5. These General Business Conditions do not regulate the relation between the Seller and the Buyer making a sales contract relating to their own business, manufacturing or other similar activities including activities relating to performance of his/her profession. This fact also applies to persons acting on behalf of the Entrepreneur or on his account.

1.6. In case of differences between the wording of these GBC and the sales contract made between the Seller and the Buyer, the wording of the sales contract prevails.

1.7. These GBC constitute indivisible part of the sales contract.

1.8. The documents such as Making Guarantee Claims and Sending the Goods Back, Method of Delivery, Method of Payment, Standard Form of Withdrawal from a Sales Contract are part of these GBC.

1.9. The E-shop is run by the Seller through the websites at the following addresses:
www.armyshop.cz, www.brandit.cz, www.surplus.cz and www.carinthiashop.com.

 

2. Placing an Order and Making a Sales Contract

2.1. Any and all orders placed through the ARMYSHOP.CZ E-shop are considered as binding. By sending the order, the Buyer confirms that he has acquainted himself with these GBC and with the respective Guarantee Guidelines, that he understands them and that he accepts them unconditionally.

2.2. The presentation display of our goods posted on the web interface of the shop is only informative and the Seller is not obliged to make any sales contract relating to these goods.

2.3. To order the goods, the Buyer shall fill in the respective order form which is available on our E-shop websites. Before sending the order, the Buyer can check and edit the data entered in the order form and correct his mistakes if any.

2.4. The Buyer's order is considered as a draft sales contract. The sales contract is deemed to be made the moment the Seller confirms it. The confirmation shall be sent to the Buyer by E-mail to the address indicated in the order form by the Buyer. Starting from this moment, mutual rights and obligations between the Buyer and the Seller arise.

2.5. Giving all the information and data required in the order form correctly and truthfully and approving the contents of the order are indispensable conditions of its validity. The data provided by the Buyer are considered to be correct.

2.6. The place of delivery of the goods ordered is the address stated by the Buyer in the registration form.

2.7. The title to the goods passes on to the Buyer upon taking over the goods on the condition that the purchase price of the goods has been paid in full before the goods are taken over.

2.8. The Buyer agrees with the use of electronic means of communication when making the sales contract. The expenses incurred by the Buyer when using the electronic means of communication (internet connection, telephone calls) to make the sales contract are the responsibility of the Buyer.

2.9. Depending on the character of the order (quantity of the goods ordered, the amount of the purchase price, the expected transport cost), the Seller has the right to ask the Buyer for additional confirmation of the order (e.g. in writing or over the telephone).

2.10. The Buyer notes that the Seller is not obliged to make a sales contract, especially with those customers who have grossly breached any previous sales contract(s) and/or the General Business Conditions.

2.11. The Seller enables customers to purchase the goods without any registration. The data supplied by unregistered customers shall be used solely for the purpose of the given sales contract.

 

3. Personal Data Protection and Sending Commercial Messages

3.1. Potection of the Buyer's (natural person's) personal data is provided by the Personal Data Protection Act (101/2000 Sb.) as amended.

3.2. The Buyer agrees with processing the following personal data: Full name, postal address, invoicing address, Company Number, VAT Reg. Number, E-mail address and telephone number (all these items hereinafter referred to as "the Personal Data").

3.3. The Buyer agrees with processing his Personal Data by the Seller for the purposes of implementation of the rights and obligations arising out of the sales contract and for the purposes of sending information and commercial messages to the Buyer.

3.4 The Buyer notes that he is obliged to give his Personal Data truly and correctly (in his registration, in his user account, when making an order from the Internet interface of the shop) and that he is obliged to inform the Seller about any changes in his Personal Data or to update them directly in his user account without undue delay. The Buyer has the right of access his Personal data, the right to revise and update them and all the other legal rights that may relate to these Personal Data.

3.5. The Buyer's Personal Data shall not be provided to any third parties. The only exception is the forwarder delivering the goods to the Buyer.

3.6. The Personal Data shall be processed for an indefinite period of time, electronically and automatically.

3.7. The Buyer hereby confirms that the Personal Data provided are correct and that he has been instructed that the Personal Data are provided voluntarily. The Buyer declares that he has been instructed that he may revoke his consent to processing his Personal Data by the Seller by sending a written notice to the Seller's address. Should the Buyer assume that the Seller processes his Personal Data in a manner which is in contradiction to protection of his privacy or in contradiction to Article 3,5 of the Personal Data Protection Act, especially if the Personal data are inaccurate with respect to the purpose of their processing, he can:

       a) Ask the Seller or the person processing the personal Data for explanation;

       b) Require the Seller to remedy the current state. The remedy can include but is not limited to blocking the Personal Data, making amendments in them or deleting them. If the Buyer's requirement is found justified, the Seller shall remedy the current state. If the Seller fails to do this, the Buyer has the right to appeal directly to the Personal Data Protection Office. The Buyer's right to appeal directly to the Personal Data Protection Office is not affected by this provision in any way.

3.8. The Buyer agrees with information relating to his order, to the goods, services or relating to the Seller's company being sent to him by the Seller to the Buyer's E-mail address.

3.9. The Seller has the right to send to the Buyer its own commercial messages only if the Buyer has required such a service during his registration. The Seller has the right to do it until the Buyer informs the Seller that he does not want to receive such messages any more or until the Buyer makes the respective changes in his customer account.

3.10. The Buyer agrees that he can be contacted (over the telephone or by E-mail) by the customer service department or by the forwarder or delivery service in order to confirm the order or to make necessary arrangements relating to the manner of delivery of the goods or relating to his personal collection of the goods ordered.

 

4. Sale of Goods with Restriction

4.1. According to the applicable law, the sale of some kinds of goods is restricted to persons aged 18+.
They are the following items:

       a) Airsoft weapons (the "D" Category weapons pursuant to Act 119/2002 Sb. on Firearms and Ammunition as amended);

       b) Fireworks (Class I, II, T0 and T1 fireworks pursuant to Regulation No. 174/1992 Sb. on Fireworks and Manipulation with Them);

      c) Means of self-defence for individuals (paralyzers, self-defensive sprays, telescopic clubs etc. for the defence of self and others (Par. 13) and for cases of extreme necessity (Par. 14 of the Criminal Act 140/1961 Sb.) as amended.

4.2. The items whose sale is restricted to persons at the age of 18 or over are duly indicated as such.

4.3. The Buyer purchasing the goods that are saleable to persons at the age of 18 or over must confirm his full (legal) age when filling in the respective order form. If he fails to do so, it will not be made possible for him to purchase the goods.

 

5. Price of Goods and Terms of Payment

5.1. The price of individual items are indicated either in CZK, in EUR or in USD. The Value Added Tax (VAT) is indicated depending on the supposed place of delivery pursuant to the Value Added Tax Act No. 235/2004 Sb. The prices in our E-shop are contractual, valid and updated (except for an apparent error). The Seller reserves the right to make changes in the prices.

5.2. Together with the price of the goods, the Buyer is also obliged to pay to the Seller the respective handling, packing and shipping expenses in the amount agreed upon. The price of the goods plus the handling, packing and shipping expenses constitute the total purchase price.

5.3. The purchase price should be paid by the Buyer to the Seller using one of the following methods:

       a) Cash on delivery, the Buyer's identity must be proved;
       b) In cash in the Showroom before the goods are personally collected;
       c) In advance on line through the respective bank payment system;
     d) In advance by bank transfer to the Seller's bank account. If the payment is made internationally, the payer must select the form of bank charges "SHA" ("shared"). In this case, the payer pays the bank charges to his bank while the receiver pays the bank charges to his bank or to intermediary banks if any.

    Currency Account Number IBAN BIC (SWIFT)
  CZK 78-8840050277 / 0100 CZ83 0100 0000 7888 4005 0277 KOMBCZPPXXX
  CZK 8840050277 / 5500 CZ93 5500 0000 0088 4005 0277 RZBCCZPPXXX
  CZK 215649106 / 0300 CZ66 0300 0000 0002 1564 9106 CEKOCZPPXXX
  logo-csob.png EUR 260591994 / 0300 CZ62 0300 0000 0002 6059 1994 CEKOCZPP
  logo-csob.png USD 260592188 / 0300  CZ62 0300 0000 0002 6059 2188 CEKOCZPP
  logo-csob.png EUR 4015457140 / 7500 SK06 7500 0000 0040 1545 7140 CEKOSKBX

5.4. In case of C.O.D. or in case of the goods being personally collected in the Showroom, the purchase price in cash is payable immediately on taking over the goods.

5.5. If the payment is transferred to the Sellers bank account, the Buyer is obliged to indicate the variable symbol assigned to the respective order. The Buyer is deemed to have fulfilled his obligation to pay immediately after the payment of the purchase price is received on the Seller's bank account.

5.6. If the payment is not received on the Seller's bank account within five working days from the date of making the sales contract, the Buyer shall be called upon (by E-mail) to say how the shipment should be disposed of. If the Buyer fails to comment on the further disposal of the shipment within 7 days of receiving the first call, the shipment shall be disposed of pursuant to Par. 8.8 hereof.

5.7. As for the payments made on the basis of the sales contract, the Seller shall issue the respective invoice to the Buyer.

5.8. The Seller is a VAT payer.

 

6. Discounts

6.1. Discounts for ordinary buyers:

Ordinary buyers may be given some of the following discounts:

       a) 2% discount - on registration in some of the aforementioned E-shops run by ARMYSHOP.CZ, s.r.o.;

       b) 5% discount - on purchase in the total amount exceeding CZK 10,000.00;

       c) 8% discount - on purchase in the total amount exceeding CZK 20,000.00;

       d) 10% discount - on purchase in the total amount exceeding CZK 50,000.00.

 

6.2. Discounts for Professional Customers:

       a) Discount given to "active military reserves". Members of the so-called "active military reserves" are given a 10% discount on the whole range of our products. The discount can be demanded after showing the valid agreement made between the Buyer and the Czech Army. A copy of this document can be sent by E-mail, fax or by post. The copy of the document must be identical to the original and must be provided with a legible stamp of the respective military authority which issued the agreement.

      b) Discount given to members of the Czech Army and the Police of the Czech Republic. Members of the Czech Army and the Police of the Czech Republic (including members of the Municipal Police corps) are entitled to a 10% discount on the whole range of products. The discount can be demanded after showing the respective service ID or police ID etc.

6.3. The discounts are calculated from the current retail prices without the Value Added Tax (VAT).

6.4. The total purchase is the sum of all purchases in our E-shop made by the Buyer. The total purchase is calculated in prices not including the VAT.

6.5. The respective discount is set automatically once the limit of the total purchase is exceeded in some of the Buyer's orders. The discount is then valid for all subsequent purchases (until the value of the purchases reaches next discount category).

6.6. The discounts are offered to registered customers only.

6.7. Permanent customer discounts (professional discounts, quantity discounts) cannot be demanded on the goods that are already discounted (price of the day, price of the week, action price, clearance sale, introductory price, lower-grade goods, "jolly joker" or others). The Permanent customer turnover discounts and discounts on goods cannot be combined.

 

7. Shipping Times and Documents Issued

7.1. Unless otherwise specified in the description of the product ordered, all the goods currently in stock are shipped within three working days after receipt of the order (if the COD is required) or after the respective payment is received on the bank account.

7.2. In case of international orders, the time may be longer by another day or two due to the necessary customs clearance procedure.

7.3. The Seller reserves the right to extend the shipping time if the goods are not currently in stock or in case of an event the occurrence of which cannot be foreseen. If the shipping time is extended, the Buyer shall be duly informed by E-mail or over the telephone.

7.4. If part of the goods ordered is not currently in stock or if it is necessary to manufacture an item to order, we will suspend the order and inform the customer about the approximate time of execution of the whole order.

7.5. If part of the order cannot be shipped, the Buyer may ask the Seller for shipping the part of the order that is currently in stock. In such a case, the Buyer shall pay the packing a shipping expenses separately for each part of the order.

7.6. If the goods are provided with a guarantee certificate, the guarantee certificate is supplied along with the goods.

 

8. Transportation and Delivery

8.1. Pursuant to Par. 5.2 hereof, the Buyer is, besides the price of the goods, also obliged to pay the respective handling, packing and shipping expenses (hereinafter referred to as the "packing and shipping expenses").

8.2. If the value of the purchase exceeds the amount of CZK 1,990.00 including VAT, the Buyer is exempted from his duty to pay the packing and shipping expenses set forth in Par. 8.1. above.

8.3. Transportation and delivery of goods can be made in the following manners:

       a) Personal collection of the goods in the Showroom;
       b) By Czech Post - REGISTERED LETTER (up to 0.5 kg);
       c) By Czech Post - PARCEL DOOR TO DOOR
       d) By Czech Post - PARCEL TO BE COLLECTED AT THE POST OFFICE;
       e) By the DPD Shipping Service;
       f)  By the UPS Shipping Service;
       g) By the DHL Shipping Service;

8.4. Shipping Charges

Within the Czech Republic:

             a) Czech Post - REGISTERED LETTER (up to 0.5 kg) CZK 50.00, C.O.D. CZK 30.00
     b) Czech Post - PARCEL DOOR TO DOOR  CZK 99.00, C.O.D. CZK 30.00
     c) Czech Post - PARCEL TO BE COLLECTED AT THE POST OFFICE 
CZK 99.00, C.O.D. CZK 30.00
     d) DPD PRIVATE 10
CZK 109.00, C.O.D. CZK 30.00
     e) DPD PRIVATE 50
CZK 129.00, C.O.D. CZK 30.00

 

International shipments:

The shipping charges are calculated depending on the price offered by the shipping service and the weight of the shipment. The amount of the shipping charges including the surcharge for the weight of the shipment shall be communicated by the Seller to the Buyer in Step 2 of the purchasing process.

8.5. On receiving the goods from the shipping service, the Buyer is obliged to check the undamaged state of the packing/parcel and the goods. In case of any defects, the Buyer is obliged to inform the Seller without delay. If the Buyer finds out that the packing/parcel is damaged in such a manner that he may suppose that the parcel was illegally opened, he is not obliged to accept the shipment from the post or from the delivery service. By his signature on the delivery note the Buyer confirms that the shipment was delivered duly, properly and in the undamaged state. Any subsequent complaints about the damaged state of the packing/parcel cannot be taken into consideration.

8.6. If the shipment is returned to the Seller as undeliverable for the reasons on the Buyer's end, the Seller has the right to require compensation for the delivery expenses incurred.

8.7. In case of the shipment not being delivered pursuant to Par. 8.6 above, the Buyer shall be asked by E- mail to tell the Seller how the shipment should further be disposed of.

8.8. If the Buyer fails to comment on the further disposal of the shipment within 7 days of the first call, the Seller will withdraw from the sales contract pursuant to Article 10 hereof. The Buyer will, without undue delay, be informed accordingly. In that case, any further purchases in our E-shops will only be possible after advance payment (by bank transfer). If such a bank transfer is smooth, this payment restriction for further orders will be cancelled.

8.9. If the Buyer asks the Seller to resend the shipment, he is obliged to pay the second packing and shipping expenses in addition to the total price of the shipment.

8.10. Resending the shipment that has been declared as undeliverable can only be made on the basis of advance payment.

 

9. Rights and Obligations Arising Out of Defective Performance, Guarantee

9.1. The Seller undertakes to perform his duties duly and properly and to supply the goods without defects and in conformity with the shipping times pursuant to Article 7 hereof.

9.2. The Seller is answerable to the Buyer for the perfect state of the goods when delivered. This means that the Seller has responsibility for ensuring that the thing (when delivered to the Buyer):

      a) Has the properties agreed upon between the contracting parties. If such an agreement has not been made, the Seller guarantees that the thing has such properties that have been described by the Seller or by the Buyer or that have been expected by the Buyer.

        b) The thing is suitable for the purpose for which the thing is intended.

        c) The quality and/or the workmanship of the thing is in conformity with the reference sample or with the pattern or model provided.

        d) The thing is delivered in the quantity, extent or weight agreed upon;

        e) The thing is in conformity with the applicable legal regulations;

9.3. The provisions of Par. 9.2 above do not apply to the following cases:

       a) The thing is sold for a lower price agreed upon because of its fault or defect;

       b) The thing is worn and torn as the result of its normal use;

       c) With used thing: The thing is worn and torn in an extent that corresponds to the common wear and tear at the moment of its acceptance;

      d) It arises out of the nature of the thing.

9.4. If a defect appears within six months from the acceptance of the thing by the Buyer, the thing is thought to have been defective when accepted.

9.5. The Buyer is obliged to inspect the thing as soon as possible after its acceptance (if he can do it) to check its quantity and properties.

9.6. The Buyer-Consumer has the right to complain about the defect(s) of consumer goods which will appear within twenty-four months from their acceptance.

9.7. Any and all additional Buyer's and Seller's rights and obligations as well as the procedure of assertion of their rights are regulated in the Seller's Guarantee Guidelines.

9.8. Rights and obligations of the contracting parties relating to defective performance are governed by the respective generally binding regulations including but not limited to Paragraphs 1914 through 1925, Paragraphs 2099 through 2117, and Paragraphs 2161 through 2174 of the Civil Code.

 

10. Withdrawal from the Contract

10.1. Pursuant to Par. 1829(1), the Buyer-Consumer has the right to withdraw from the contract without giving any reason within fourteen days of the date following the date on which the Buyer (or the person authorized by the Buyer other than the forwarder) accepts the goods.

10.2. If the Buyer-Consumer intends to assert his right to withdraw from the contract, he should inform the trading company of ARMYSHOP.CZ, s.r.o. by fax, E-mail or by sending a letter to ARMYSHOP.CZ, s.r.o., Slavíkov - Studýnka 160, 54931 HRONOV, Czech Republic. The Buyer-Customer may (but need not) use the standard form for withdrawal from the contract.

10.3. If the letter of withdrawal is sent before the end of the aforementioned fourteen-day period, the time limit for the withdrawal from the contract is deemed to be observed.

10.4. If the Buyer-Consumer withdraws from this contract, the Seller shall, without undue delay, return all the payments (including delivery expenses) received from the Buyer within 14 days of the date of receipt the Buyer-Consumer's notice of withdrawal from the contract. The provision of Par. 10.6. hereof is not affected by this Paragraph. The payments shall be returned to the Buyer-Consumer using the same method of payment used by the Buyer-Consumer if he not expressly determines otherwise. By returning the payments to the Buyer, no additional expenses arise.

10.5. If the Buyer-Consumer chose other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the delivery expenses corresponding to the cheapest method of delivery offered.

10.6. If the Buyer-Consumer withdraws from the contract only partly, the Seller shall pay the Buyer- Customer only those delivery expenses that make difference between the original fulfillment of the contract and the fulfillment after the partial withdrawal.

10.7. Pursuant to Par. 1832(3) of the Civil Code, the expenses relating to returning the goods by the Buyer- Consumer to the Seller is the responsibility of the Buyer-Consumer.

10.8. The Seller shall return the payment after he receives the goods from the Buyer-Consumer or immediately after the Buyer-Consumer proves that he has already sent the goods back to the Seller, whichever event occurs first.

10.9. The Buyer-Consumer shall return the goods without undue delay, i.e. within 14 days from the date of withdrawal from the contract or deliver and hand them personally in the Showroom at ARMYSHOP.CZ, s.r.o., Slavíkov-Studýnka 160, 54931 Hronov, Czech Republic. The time limit for the return of the goods is deemed to be observed if the goods are sent before the end of the said fourteen-day period.

10.10. The goods must be returned to the Seller in undamaged state, without any wear and tear and, if possible, in the original packing.

10.11. The decrease of the value of the goods caused by disposing them otherwise than recommended (taking the nature of the goods into account) is the responsibility of the Buyer-Consumer.

10.12. The Buyer-Consumer notes that if the goods returned back to the Seller are damaged, worn and torn in full or in part, the Seller may require the Buyer-Consumer to pay the respective compensation for damages. The Seller's claim for the compensation may be unilaterally set-off by the Seller against the Buyer-Consumer's claim for returning the purchase price.

10.13. The Buyer-Consumer has the right to withdraw from the contract without giving any reasons in the form of cancellation of the order before the goods are handed over to the forwarder.

10.14. The Buyer-Consumer notes that, pursuant to Par. 1837, withdrawal from the sales contract is impossible if the goods have been made to order (e.g. identity disks, name badges, tailor-made clothes) or if the goods have been removed from their packing and cannot be put back for hygienic reasons.

10.15. The Seller reserves the right to withdraw from the contract if:

a) he goods has not yet been taken over by the Buyer;
b) For the reasons on the Buyer's end, the shipment is returned back to the Seller as undeliverable and the Seller fails to comment on the further disposal of the shipment within 7 days from the first call (see Par. 8.8. hereof).
c) In case of bank transfer, the payment is not received on the Seller's bank account within five days from the due date and the Buyer fails to comment on further steps to be taken within 7 days from the first call pursuant to Par. 5.6 hereof.

 

11. Final Provisions

11.1. These General Business Conditions come into force and effect on January 1, 2014 and they fully supersede the previous general business conditions (the general business conditions in force until Dec. 31, 2013).

11.2. The sales contract and all the issues relating to the contract shall be governed by the Czech law if such a selection of law is allowable for them.

11.3. Any and all amendments to these General Business Conditions shall be in writing.

11.4. By sending the electronic order, the Buyer unconditionally accepts all provisions of these General Business Conditions in the wording valid on the date of sending the order as well as the price (including the packing and shipping expenses) valid on the date of sending the order mentioned on the E-shop run by ARMYSHOP.CZ unless provably otherwise agreed in the particular case. The order sent by the Buyer, which is considered to be a draft sales contract, is irrevocably binding for the Buyer.

11.5. Unless explicitly otherwise determined in these GBC, their rights and obligations shall be governed by the Civil Code.