Terms and Conditions and Complaints Procedure
Valid and effective from 29.3.2020. Updated 5.9.2023
The condition of purchase in the online store www.howieshockeytape.cz. hereinafter referred to as the "Online Store" is acceptance of these Terms and Conditions and Complaints Procedure of the Internet Shop, which are an integral part of the seller's offer to conclude a purchase contract. Buyer by placing an order through the Internet Shop confirms that the Terms and Conditions and complaints he stated that he agrees with them without reservations and expressly accepts them. These Terms and Conditions specify and specify the rights and obligations of the Seller and the Buyer within the framework of contractual relations concluded through the e-shop www.howieshockeytape.cz. The buyer has the opportunity to become acquainted with these terms and conditions before submitting his order and is notified of them in advance.
Seller and operator of online store www.howieshockeytape.cz is Amerikon s.r.o., Company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, insert 256418, registered office Ke Koupališti 613, Tlučná, 33026, IČO 04969421, DIČ CZ04969421.
Bank account: 604603603/2010
BIC (SWIFT): FIOBCZPPXXX
Bank account: 2500975372/2010
BIC (SWIFT): FIOBCZPPXXX
Contact point and mailing address howieshockeytape.cz, Karla Steinera 13, Plzeň-Skvrňany 318 00, e-mail: email@example.com, tel.: +420 608 988 676, dealing mainly in the sale of hockey products, textile products, hockey accessories.
Art. I. - Introductory provisions
I.1. The Web Store Operator declares that all information on this server are true and comply with all generally binding regulations in force and effective at territory of the Czech Republic.
I.2. These Terms and Conditions apply to ordering goods through the Internet Shop. The Terms and Conditions further define and specify the rights and obligations of the Seller and the Buyer and, in their current wording, are an integral part of the Purchase Agreement. The current version of the Terms and Conditions is always available on the Internet Shop website.
I.3. Communication between the buyer and the seller takes place electronically by e-mail, post or by phone.
I.4. The out-of-court settlement of disputes is always bilaterally preferred and is based on the goodwill of both parties.
I.5. The Czech Trade Inspection Authority is the supervisory and control body of the state administration. The Czech Trade Inspection Authority controls and supervises legal and natural persons selling or delivering products and goods to the internal market, providing services or performing other similar activities in the internal market, providing consumer credit or operating a market, unless such supervision is performed by another administrative authority.
I.6. The information and the manual for the individual steps leading to the conclusion of the contract are described in detail to the buyer through the Internet shop portal during the ordering of the goods.
I.7. Before completing the order, the buyer always has the opportunity to go back one step and correct the error that occurred during the order, especially to adjust the quantity of ordered goods, the type of ordered goods or add another product. The entire order will then be automatically updated.
Art.II. - Definitions
II.1. "Online Store" is a server at www.howieshockeytape.cz, through which the purchase and sale of goods of the seller is ensured.
II.2. “Goods” is the item offered by the Seller for purchase in the Online Store. Each item is marked with the name and order number in the e-shop offer and is shown in an illustrative photograph, in particular that it does not take into account all color or size variations in which the goods are offered in the e-shop by the seller. For each product is also specified its specification and utility properties, as well as color and size design and other parameters and characteristics of the goods. Information about the availability of goods "in stock" is only indicative, as the status of goods available in stock is continuously updated in connection with the realized sale, and information on the availability and unavailability of goods in the store may be reflected in the Web Store with a certain delay. In case of unavailability of the Goods in respect of which the Purchase Agreement was concluded, the Seller without undue delay, no later than 5 days from the conclusion of the Purchase Agreement contract, the order refuses. With the exception of the seller's rejection of the order or the sell-out of the inventory, the seller delivers goods to the buyer in the extent of minor additions or deviations that do not substantially change the terms of the offer (especially quality and functionality) sent by the order.
II.3. „Prodávajícím“ is Amerikon s.r.o., Company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, insert 256418, registered office Ke Koupališti 613, Tlučná, 33026, IČO 04969421, DIČ CZ04969421.
II.4. "Buyer" is a natural or legal person who, through the Internet Shop, concludes a purchase contract with the Seller, the subject of which is the goods offered by the Seller.
II.5. “Purchase Contract” means a contract (agreement) as the place to which the object of sale is to be sent to the seller.
Art. III. - Order and conclusion of purchase contract
III.1. The contract with Us can only be concluded in Czech, Slovak, German and English.
III.2. The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.
III.3. In order for us to conclude the Contract, you must create an Order on the E-shop. This proposal must contain the following information:
(a) Information about the Goods you are purchasing (on the E-shop you indicate the Goods you are interested in purchasing by clicking on the "Add to Cart" button);
b) Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order within the user interface of the E-shop, and the information about the Price, Shipping Charge and Total Price will be provided automatically based on the Goods, their delivery and payment method you have selected;
c) Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.
III.4. During the creation of the Order, it may change and check the data until its completion. Once the check has been made by pressing the "Order with payment obligation" button, the Order will be completed. However, before pressing the button, you must confirm that you have read and accepted these Terms and Conditions, otherwise you will not be able to complete the Order. The text above the "Order with payment obligation" button is used to confirm and agree. After pressing the "Order with payment obligation" button, all completed information will be sent directly to us.
III.5. We will confirm Your Order to You as soon as possible after it is delivered to Us by a message sent to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.
III.6. There may be occasions when we are unable to confirm an Order to you. This includes situations where the Goods are unavailable or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising to you. In the event that there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. In such a case, the Contract will be concluded at the time You confirm Our offer.
III.7. In the event that a manifestly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at that Price even if you have received confirmation of the Order and the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. An apparent error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other retailers or a missing or missing digit.
III.8. In the event that the Contract is concluded, you are obliged to pay the Total Price.
III.9. If you have a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to fill in your identification data repeatedly.
III.10. In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the predefined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
Art. IV. - Terms of delivery
IV.1. Unless otherwise provided by law, the Seller shall fulfill its obligation to deliver the subject of sale to the Buyer under the conditions agreed in the purchase agreement at the moment when the Seller hands over the subject of sale to the carrier providing transportation of the subject of sale to the Buyer.
IV.2. The Buyer is obliged to accept the delivered subject of sale from the carrier. If the buyer properly
the Seller shall be entitled to withdraw from the Purchase Agreement, in which case the Buyer is obliged to pay the Seller the costs associated with sending the Seller to the Buyer.
IV.3. The Seller shall deliver the subject of sale to the Buyer no later than four weeks after the conclusion of the purchase contract. The exact delivery date will be communicated to the buyer by telephone, e-mail.
IV.4. The Buyer is obliged to check the integrity of the packaging of the subject of sale when accepting the subject of sale from the carrier carrying the subject of sale to the place of performance. and shall immediately inform the Seller of the reasons for not taking over the subject of sale. In the case of receiving such a consignment, it is necessary to write a protocol with the carrier about damage to the consignment. Unless stipulated otherwise by law, the seller is entitled to deliver to the buyer substitute performance within 30 days from the date when the buyer was rightfully refused to take over the subject of sale. If the item containing the item of sale does not show any signs of external damage or deformation, but after receiving the item by checking the item of sale, the buyer discovers that the item of sale is damaged and this damage may have been caused during shipment, the buyer is obliged to however, at the latest within two working days from the date of receipt of the shipment, notify the seller, otherwise it is liable for damage incurred by the seller as a result of breach of this obligation. In such a case, the Buyer's claims are settled in the complaint procedure.
Art. V. - Transfer of risk of damage to the object of sale and transfer of title to the object of sale, reservation property rights
V.1. The risk of damage to the object of sale passes from the seller to the buyer at the moment of the takeover of the object by the buyer. If the buyer fails to take over the subject of the sale in contravention of the purchase contract, the risk of damage to the subject of sale passes at the moment when the buyer refused to take over the subject of sale or otherwise did not take over the subject of sale. If the Buyer is to take over the item from a third party, the risk of damage passes to the Buyer at the moment when he could dispose of the item, but not earlier than within the time specified as the time of performance.
V.2. The ownership right to the subject of the sale passes from the seller to the buyer at the moment the takeover of the subject of sale by the buyer or at the moment of full payment of the purchase price, whichever is later, the seller remains the owner of the subject of sale until that time.
Art. VI. - Cup price, payment terms and discounts
VI.1. The buyer undertakes to pay the seller the agreed purchase price and shipping costs, namely Either by payment in advance (by payment card) or by payment when taking over the item of sale (on receipt). The buyer is entitled to choose how to pay the purchase price when concluding a purchase agreement.The seller reserves the right to refuse an order without undue delay if the seller is entitled to demand payment of the purchase price or advance payment of the purchase price in advance, particularly if the item of sale consists of a greater quantity of goods or goods of higher value. Shipping costs are payable together with the purchase price and in the same way. Buyers will receive a tax document detailing the purchase price and shipping costs along with the item of sale. Before the order is sent, the buyer is made aware through the Internet Store Portal of the complete specification of the amount of the purchase price, including indication of the price of the goods, VAT, price including VAT, any charges, transport costs or any other related costs. By sending the order through the Internet Store, the buyer confirms that he was made aware of the complete specification of the purchase price amount
VI.2. Where buyers are paid the purchase price, or an advance on the purchase price and the cost of sending in advance, the buyer makes payment by payment card. The purchase price, or advance on the purchase price and the cost of dispatch, shall be deemed to have been paid when the relevant sum of money is credited to the seller's bank account. If the purchase price, or advance on the purchase price and the cost of sending to the buyer, are not paid within 14 days of the date on which the purchase agreement was concluded, the seller shall have the right to withdraw from the purchase agreement. When paying the purchase price, or the advance on the purchase price and the cost of sending in advance, the item of sale is delivered only after the purchase price or advance on the purchase price and the cost of sending in full to the buyers has been paid.
VI.3. If the purchase price and cost of dispatch are covered when the item of sale is taken over, the buyer is required to pay the purchase price and the cost of sending in cash or by payment card (if the carrier is equipped with a payment card acceptance device) to the carrier ensuring the item of sale is transported for the buyer. If the buyer does not pay the purchase price and the cost of dispatch when taking over the item of sale, the seller or carrier ensuring the transport of the item of sale for the buyer may refuse to hand over the item of sale to the buyer and the seller shall be entitled to withdraw from the contract of sale. In this case, the buyer is required to reimburse the seller for the cost of dispatch at the amount agreed in the contract of sale, within 14 days of the date on which the item of sale was not handed over to him due to the failure to pay the purchase price or shipping costs.
VI.4. The seller may offer goods at a lower price than the price at which the goods are normally offered when selling the goods. Furthermore, the seller may also offer goods of only certain parameters, sizes, colours or utility characteristics for less than the normal price. For goods on which a rebate is granted, the price of the goods before the rebate and the price of the goods after the rebate are explicitly indicated. The seller supplies the goods at a lower price only until the stock of this Goods is sold out. In the event that, after the conclusion of the purchase agreement, it becomes clear that the item of sale cannot be delivered at a lower price as stock has been sold out, the Seller is entitled to refuse the order or, where appropriate, to notify the buyer of the fact, on the understanding that, if the buyer is not interested in delivering the item of sale at the normal price, both the buyer and the seller have the right to withdraw from the purchase agreement.
VI.5. In the event of withdrawal by the buyer, the buyer shall bear the costs of recovering the item of sale.
VI.6. In the event of withdrawal by the buyer, the seller shall return to the buyer the cash received by the seller from the buyer on the basis of the purchase agreement, reduced, where appropriate, by an adequate amount corresponding to the wear and tear of the goods.
Art. VII. - Use and subsequent maintenance of goods
VII.1.When selecting goods, the type and size of the product chosen must correspond exactly to the needs of the user of the goods.In particular, the buyer will take into account the purpose of the use, design, material composition and the way the goods are treated before buying the product. Only goods well chosen in terms of functional, assortment and size are required to fulfil the utility value and purpose of the use of the goods.
VII.2. If the method of use of the item of sale is set out in the instructions for use, the buyer is required to become aware of this instructions before the use of the item of sale begins.
VII.3. Throughout the use of the goods purchased, sufficient attention must be paid to the basic rules of use of those goods.In particular, any factors adversely affecting the correct and full functionality, the durability of the product, such as excessive intensity of use of the product, use of the product for an inappropriate purpose, must be taken into account.The influence of the environment and the circumstances of use, which may reduce the life of the goods and the seller cannot be held liable for them, as well as the inappropriately chosen size of the goods, cannot justify a later claim unless otherwise agreed between the seller and the buyer. Also, a defect resulting from non-expert manipulation or non-professional commissioning cannot be a cause of complaint.
VII.4. Another necessary condition for maintaining the good condition of the goods and their functionality is their regular maintenance. The durability of goods and clothing components is affected by the way they are used and maintained. Appropriate procedures should be followed for the maintenance of the goods according to the symbols shown on the internal label of the goods. With intensive or inappropriate use or inadequate or improper maintenance, the life of the goods may not reach the guarantee period and the goods may be damaged or destroyed by normal wear and tear.
VII.5. A change in the property of the goods arising during the warranty period due to wear, improper use, inadequate or inappropriate maintenance, as a result of natural changes in the material from which the goods are made, as a result of any external influence damage or other improper intervention by the buyer or third party, cannot be regarded as a defect in the goods.
Art. VIII. - Liability for defects, warranty, complaints, complaint terms
VIII.1. The seller shall be liable to the buyer for defects in the item of sale if they occur on the item of sale when it is taken over, or within the warranty period, under the relevant provisions of the Civil Code, if the buyer is a businessman, and under the relevant provisions of the Civil Code and the Consumer Protection Act, if the buyer is a consumer, as well as the rules laid down in the contract of sale.
VIII.2. The buyer is required to carry out a check on the item of sale when taking over the item of sale and, if that is not possible, without undue delay after taking over the item of sale.
VIII.3. The seller is responsible to the buyer for the fact that the item of sale is in conformity with the contract of sale when taken over by the buyer, in particular that it is without defect. Conformity to the contract of sale means that the item of sale has the quality and utility characteristics required by the contract of sale, described by the seller or on the basis of the advertisement which is expected, or the quality and utility characteristics for a cause of this kind customary. In the event that the item of sale on takeover by the purchaser is not in conformity with the purchase contract, the buyer has the right to have the item of sale put into state, free of charge and without undue delay, at the purchaser's request, either by exchanging the item of sale or by repairing it, or by giving the buyer a reasonable discount on the purchase price; in the event of a material breach of the contract, the buyer also has the right to withdraw from the purchase agreement. This is not the case if the buyer knew before the goods were taken over that the goods had a defect, or if the buyer himself caused the defect, possibly also if the defect was involved
VIII.4. The seller provides a 24-month guarantee for the goods, unless otherwise indicated on the goods or in the warranty note. The guarantee period begins to run from handing the goods over to the buyer; if the goods have been dispatched under contract, they run from milking the goods to the place of delivery. The guarantee period is built from the time the complaint is made to the time when the buyer was required to take over the goods after the complaint has been settled. If the result of the complaint procedure is the replacement of the claimed product, the guarantee period will start running again from the take-over of the new goods. When a defective component is replaced, the new warranty period applies only to the replaced component of the item of sale.
VIII.5. In case the right to remedy the defect is exercised by repairing the case, the buyer has the right to have the defect remedied free of charge, on time and properly. The seller is required to correct the alleged defect without undue delay, but no later than 30 calendar days from the date of the complaint. Defects that can be corrected without suffering the appearance, function and quality of the product are considered to be recoverable defects. In the event of a defect rectifiable, the buyer has the right to replace the goods or, in the event of a material breach of the purchase agreement, also to withdraw from the purchase agreement
VIII.8. In the others, it governs the rights and obligations of the seller and buyer, in particular the claims of the buyer from defects in the subject matter of the sale, the provisions of Section 2113 et seq. of the Civil Code.Time limit to settle a complaint under the provisions of paragraph VIII.5. The terms and conditions shall be considered a reasonable additional period to comply.The buyer may claim a discount on the purchase price or, in the event of a material breach of contract, withdraw from the purchase agreement only after that period has expired.
VIII.9. Complaints can be made after prior email agreement at the Seller's supply point at www.howieshockeytape.cz, Karla Steinera 13, Plzeň-Skvrňany 318 00. Complaints must be made without undue delay as soon as the defect is discovered. Any delay in the continued use of the goods may cause the defect to deepen, the goods to be depreciated and may be the reason for rejecting the claim.
VIII.10.The claim must be accompanied by a document certifying the date and place of receipt of the item of sale, where appropriate a warranty note if issued, the item of sale itself in complete condition, cleaned, free of all impurities and hygienic and indicate the alleged defect in the item of sale. The seller is entitled to refuse to take over for complaint proceedings goods that do not comply with the general hygiene principles mentioned above (Order 306 / 2012 Coll., on the conditions for preventing the emergence and spread of infectious diseases). By failing to provide proof certifying the date and place of receipt of the item of sale, the buyer runs the risk of failing to demonstrate the timeliness of the claim and the legitimacy of his claim.
VIII.11. If the purchaser applies the right of defective performance, the seller shall confirm to him in writing when he has exercised the right of liability for the defects and, after the complaint has been settled, also the confirmation of how the complaint is dealt with, as well as the implementation of any correction and the duration of the complaint procedure.
VIII.12. The guarantee does not apply to normal wear and tear, to the extinction of the life of the product due to overuse beyond the intended use or purpose of the product, as well as to inappropriate treatment and use contrary to the stated purpose. No claim can be made on defects for which a discount to the purchase price has been granted.
VIII.13. The seller does not assume liability for damage resulting from the functional characteristics of the goods, the non-professional use of the goods or the mishandling of the goods. Defects of this origin are not covered by the guarantee provided either.
VIII.14. If, in the context of a complaint procedure relating to a particular defect, it is decided that a claim is unjustified, then a new complaint procedure relating to the same defect can no longer take place and the seller is entitled, for that reason, to refuse to take over the object of the claim.
VIII.15. The buyer is required to take over the item of sale after the complaint has been settled. By sending the order through the Internet Store, the buyer confirms that, in case of a buyer's delay in taking over the item of sale, the buyer is required to reimburse the seller for the cost of storing the item of sale, in a lump sum of £100 for each day of delay. By sending the order through the Internet Store, the buyer confirms that in the event of a delay by the buyer in taking over the item of sale for more than six months from the date on which the complaint was notified to him and if it was not possible to notify the buyer of the settlement of the complaint, then from the date on which the deadline to settle the complaint expired, the seller is entitled and empowered to ensure the liquidation of the item of sale on behalf of the buyer.
VIII.16. If a buyer who is in default in taking over the item of sale is required to redispatch it, then the seller is required to send the item of sale to the buyer only on condition that all costs relating to that shipment are reimbursed in advance by the buyer.
Art. IX. - Consumer withdrawal from purchase contract, seller's information obligation.
IX.1. The seller thus mentions and expressly draws attention to the consumer's right of withdrawal without giving a reason for the contract within the meaning of Section 1829 (2). 1 of the Civil Code as follows: The consumer has the right to withdraw from the purchase agreement within a fortnight.The period referred to in the first sentence shall run from the date of conclusion of the contract and if the contract of sale is sought, from the date of receipt of the goods or from the date of acceptance of the first delivery of the goods, or from the date of receipt of the first delivery of the goods.
IX.2. The buyer is required to notify the seller without delay that he is withdrawing from the purchase agreement. The notice must be sent to the seller within 14 days of the date on which the item of sale is taken over by the buyer.
IX.4. In the event of withdrawal from the purchase agreement, the buyer is required to return to the seller the item of sale in the state in which it was taken over, that is to say in the original packaging and unused and undamaged together with all the components, accessories and documentation and any gifts the buyer received with the item of sale. The return of the item of sale is ensured by the buyer at his own expense by sending it to the address of the seller's contact point or by handing it over at the seller's establishment.
IX.5. If the consumer withdraws from the purchase contract, all payments received from the consumer, including delivery costs (except for additional costs incurred as a result of chosen delivery method other than the cheapest standard delivery method offered by the seller). The seller will use the bank transfer to refund the bank account specified by the consumer, unless the consumer expressly stated otherwise. In no case will this incur additional costs for the consumer. The seller will return the payment only after receiving the returned goods or if the consumer proves that he has sent the goods back, whichever comes first. The goods must be returned by the consumer without undue delay, at the latest within 14 days from the date of withdrawal from the purchase contract, whereby the consumer shall bear the direct costs of returning the goods. The time limit shall be deemed to be maintained if the consumer returns the goods to the seller before the expiry of 14 days. The consumer shall only be liable for any diminution in the value of the goods as a result of the handling of the goods in any way other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality.
IX.6. The seller shall return the purchase price paid to the buyer back to the account from which the payment card was made, or to the account indicated by the buyer, or to the postal order sent to the buyer's address, possibly in cash, at the seller's establishment. The seller may return the purchase price to the buyer also in cash if the item of sale is returned by handing it over at the seller's establishment. The seller shall return the purchase price to the buyer within 14 days of the date of withdrawal from the purchase agreement, but not before the buyer has handed over the item of sale or proved that the item of sale has been sent. Unless otherwise provided for in the law, if the damaged or incomplete item of sale is returned or if the seller's claims against the buyer exist, the refunded purchase price will be reasonably humiliated (offsetting the amount corresponding to the reduced value of the refunded damaged or incomplete item of sale or offsetting the seller's claim, respectively).
Art. X. - Protection and processing of personal data
X.1. The Seller processes the personal data of the Buyer solely for the purpose of fulfilling the rights and obligations under the purchase contract. For other processing of personal data about the Buyer is the seller is authorized only with the consent of the buyer. Personal data means any information relating to a designated or identifiable data subject. A data subject shall be considered as designated or identifiable if the data subject can be identified, directly or indirectly, in particular on the basis of a number, code or one or more elements specific to his physical, physiological, psychological, economic, cultural or social identity.
X.2. By sending an order, the Buyer expresses his consent to the processing of personal data according to Act no. 101/2000 collections., on the protection of personal data, as amended, in the automated database of the Seller by the Seller as the administrator or processor with whom the Seller enters into a contract for mutual communication including communication by electronic means concerning the contractual relationship of the Buyer and the Seller.
X3. We find out your satisfaction with your purchase by means of e-mail questionnaires within the Customer Verified program, in which our e-shop is involved. We send them to you every time you buy from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some information society services, you will not refuse to send them. We process personal data for the purpose of sending questionnaires within the Verified by Customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. We use a processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyze our market position; For this purpose, we may pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire further.
Art. XI. - Advice to the consumer on extrajudicial procedures resolution of consumer disputes according to of Act no. 634/1992 collections, on consumer protection:
Under this Act, the consumer has the right to an out-of-court settlement of a consumer dispute under a sales contract or a service contract (hereinafter referred to as “consumer dispute”) with the exception of contracts concluded
a) in the field of health services provided to patients by health professionals for the purpose of providing health care38), including prescribing, dispensing and provision of medicinal products and medical devices,
b) non-economic services of general interest,
c) with public providers of further or higher education.
Subjects of out-of-court settlement of consumer disputes
The subject of out-of-court settlement of consumer disputes within the meaning of this Act is
a) in the area of financial services, the Financial Arbiter within the scope of the legal regulation governing the Financial Arbiter39),
b) in the area of electronic communications and postal services, the Czech Telecommunications Office within the scope of the legal regulation governing electronic communications and postal services40),
c) in the field of electricity, gas and heating industry, the Energy Regulatory Office within the scope set by the legal regulation governing the electricity, gas and heating industries41),
d) in cases where the competence of the authorities referred to in points is not given a) to c), Czech Trade Inspection or another entity authorized by the Ministry of Industry and Trade; if the authorized body is a professional chamber with compulsory membership, it shall exercise its competence in the area stipulated by another law.
PROCEDURE OF THE CZECH COMMERCIAL INSPECTION AND THE AUTHORIZED ENTITY IN THE EXTRA-JUDICIAL SETTLEMENT OF CONSUMER DISPUTES
Proposal to initiate an out-of-court settlement of a consumer dispute
(1) The out-of-court settlement of a consumer dispute is initiated at the consumer's suggestion.
(2) The proposal referred to in paragraph 1 shall include:
a) identification of the parties to the dispute,
b )a complete and comprehensible account of the operative events,
c) indication of what the petitioner is claiming,
d) the date on which the petitioner exercised his right at issue for the first time with the seller,
e) a declaration that the court has not ruled on the matter, no arbitration award has been issued and no agreement has been reached between the parties in the out-of-court settlement of consumer dispute and no court proceedings, arbitration or out-of-court settlement
f) date and signature of the petitioner.
(3) The application shall be accompanied by evidence that the petitioner has failed to resolve the dispute with the other party directly, and other documents substantiating the alleged facts, if available. The application shall be accompanied by a power of attorney if the petitioner is represented on the basis of a power of attorney.
(4) The proposal may be submitted in writing or orally to the protocol or electronically via the on-line form on the website of the Czech Trade Inspection Authority, signed by a recognized electronic signature or sent via the data box of the person submitting the proposal. Provided that the proposal is confirmed within 10 days or supplemented by one of the means mentioned in the first sentence, it may be submitted by other technical means, in particular by means of telefax or public data network without using a recognized electronic signature. The application may be submitted to the delegated body in writing or electronically by means of the online form provided on its website. Initiation of an out-of-court settlement of a consumer dispute is considered to be the conclusion of an agreement on the out-of-court conduct of the creditor and the debtor on the law or circumstance constituting the law under the Civil Code42). The petitioner may file a petition with the Czech Trade Inspection Authority or an authorized body no later than 1 year from the date on which he / she exercised his / her right under dispute with the seller for the first time.
Rejection of the proposal
(1) If the proposal does not contain the essentials under § 20n paragraph 2 or if the documents referred to in § 20n paragraph 3, invite the Czech Trade Inspection Authority or an authorized entity of the petitioner to complete them within 15 days. After the deadline expires in vain, the Czech Trade Inspection Authority or an authorized body shall reject the proposal.
(2) The Czech Trade Inspection Authority or an authorized body shall also reject the petition if it finds out from the petition, the attached documents or otherwise
a) the dispute does not fall within their material scope,
b) the case has already been decided by a court or an arbitration award has been issued or proceedings have been commenced in court or arbitration, or an out-of-court settlement has already been initiated or completed in the same case of a consumer dispute with another entity referred to in § 20e of this Act, 1
c) the applicant lodged the application after the expiry of the period laid down in 20p, or
d) the proposal is manifestly unfounded.
(3) The application is manifestly unfounded in particular if:
a) it is a petition submitted again and the petitioner fails to substantiate, at its submission, that it has fulfilled the conditions laid down in the previous out-of-court settlement of a consumer dispute, or b) by filing it, the petitioner clearly monitors the abuse of his rights at the expense of the other party.
(4) The Czech Trade Inspection Authority or an authorized body shall inform the parties to the dispute of the rejection of the petition together with the reasons for the rejection within 15 days from the date of its receipt, unless the facts establishing the grounds for the rejection are found later. In such a case, it shall inform the parties to the dispute of the refusal without undue delay as soon as it becomes aware of the grounds for refusal. Out-of-court settlement of a consumer dispute The out-of-court settlement of a consumer dispute is commenced on the day when the Czech Trade Inspection or the delegated body shall receive the proposal pursuant to § 20n. If the Czech Trade Inspection or an authorized body does not reject the proposal pursuant to § 20q, it shall notify both of the initiation of an out-of-court settlement of a consumer dispute the parties to the dispute and instruct them that
a) they need not be represented by a solicitor43),
b) can use independent advice or representation or assistance from a third party,
c) the consumer may terminate the participation in the out-of-court settlement of the consumer dispute at any stage,
d) have the right to express their opinion on the matter,
e) they may consult the documentation relating to the present dispute, make copies or copies of the statements, evidence, documents and facts submitted by the other party and comment on them,
f) in the cases referred to in 20u paragraph. 2be informed in paper form or on another durable medium of the termination of the out-of-court settlement of the consumer dispute and of the facts that led to the termination of the out-of-court settlement of the consumer dispute,
g) the opening of an out-of-court settlement of a consumer dispute shall not prejudice the right of the parties to seek protection of their rights and legitimate interests through the courts.
Synergies with the Czech Trade Inspection and Mandated Entity
(1) The seller is required within 15 working days of the notification being served under § 20r
Provide the Czech Trade Inspectorate or the authorised body with an opinion on the facts set out in the proposal.
(2) The seller is required to cooperate closely and to provide the Czech Trade Inspection or Delegated Entity with the synergies needed to effectively proceed with the out-of-court resolution of the consumer dispute.
Ending the out-of-court resolution of the consumer dispute
(1) The out-of-court resolution of a consumer dispute must be completed within 90 days of its commencement.
(2) For particularly complex disputes, the time limit referred to in paragraph 1 may be extended by no more than another 90 days.
The parties must be informed without undue delay of the extension of this period and of the total time by which the out-of-court resolution of the consumer dispute can be expected to be terminated.
(1) The out-of-court resolution of the consumer dispute ends
(A) by concluding an agreement between the parties to the dispute,
(B) a unilateral declaration by the consumer to terminate participation in the resolution of the dispute notified to the Czech Trade Inspection Service or the Delegated Body,
(C) the death, death, missing or demise of one of the parties to the dispute without a legal successor,
(D) the futile expiry of the period under § 20t,
(E) by rejecting the proposal under § 20r.
(2) The Czech Trade Inspectorate or the designated entity shall inform the other party to the dispute of the termination of the out-of-court resolution of the consumer dispute under paragraph 1 (b) or (c) without undue delay.
If an out-of-court settlement of a consumer dispute under paragraph 1 (d) is brought to an end, it shall inform both parties to the dispute without undue delay.
(3) The agreement referred to in paragraph 1 a) it must be in writing.
The obligation of the Czech Commercial Inspectorate or the designated entity to serve a document under this Part of the Act on the parties to the dispute is fulfilled if it is delivered via a public data network to the recipient's data box, to the address indicated in the proposal to initiate an out-of-court solution to the consumer dispute, or to an address, including an electronic one, which the parties to the dispute will communicate to the Czech Commercial Inspection or to the designated entity for service. The document is deemed to have been served even if the recipient has not become aware of the service due to the circumstances on his part.
Cost of out-of-court resolution of consumer disputes
(1) Extrajudicial resolution of consumer disputes is not charged.
(2) The costs associated with the out-of-court resolution of consumer disputes are borne by the parties themselves.
The Czech Commercial Inspectorate or Delegated Entity shall lay down rules for the out-of-court resolution of consumer disputes, by which it shall more detailed the procedure for the out-of-court resolution of consumer disputes so as to comply with the rules under this Part of the Act. This section governs the out-of-court resolution of consumer disputes before the Czech Trade Inspection and the Mandated Body.
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