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Terms and Conditions

Introduction

sportz.cz e-shop is operated by Ace Snowboards s.r.o. ("the Seller"), headquartered at Ruzickova 370, 67401, Trebic, Czech Republic, IC:24761028, registered in the Commercial Register of the Regional Court in Brno.

By proceeding with the purchase of this Ace Snowboards product ('the Product') you ("the Buyer") agree to be legally bound by: the terms and conditions ('the Terms') set out below with immediate effect. If you do not agree to be legally bound by all the following terms please do not continue with this purchase;

We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Us. Your continued use of www.sportz.cz after changes is posted means you agree to be legally bound by these terms as updated and / or amended.

Unless expressly stated in writing by Us, all fees and charges set out in these Terms are inclusive of 20% VAT/DPH.

The Purchase Contract and any rights related hereto are governed by Czech law. Czech courts shall judge all disputes and relations related to this Purchase Contract.

Changes to these terms and conditions

We may change these terms and conditions by giving you reasonable notice of these changes in the form of notices of amendment posted on our website from time to time. By continuing to access and use the website, you indicate your ongoing willingness to be bound by these terms and conditions.

A certificate signed by the administrator responsible for maintaining our website will be sufficient evidence of the date of publication and the content of the most current version and all earlier versions of these terms and conditions and will be regarded as correct, unless you prove otherwise. You agree that we do not have to prove the appointment of the administrator who signs the certificate.

Limitation of liability for website content

All the information on our website is only intended to provide you with general information about us, our products and services. Unless we acted with gross negligence or fraudulent intent or in breach of these terms and conditions, we will not be liable at any time for any losses, costs, expenses or damages which you may suffer or incur as a result of, or in connection with, information posted on our website which is not accurate or up to date.

You agree that you have sufficient knowledge and the necessary skills to use the products that you buy on this website and you indemnify us and we are not liable for any injuries losses, costs, expenses or damages which you may suffer or incur as a result of, or in connection with, the use of any product that you buy from us.

Basis of Purchase

The order placed by you constitutes an offer to purchase the Product subject to these Terms and Conditions. If the has not been confirmed by the us within 7 days, the order has not been accepted and the purchase agreement has not gone through.

No variation to the order or these Terms shall be binding unless agreed in writing between the authorized representatives of the Customer and Ace Snowboards s.r.o.

Registration

When purchasing goods, you may register on the website with a username and password. We are obliged to keep the username and password confidential and prevent unauthorized access by third parties. You are obliged to notify the us if there is a possibility that a third party may have access to your login details. This is to prevent unauthorized access that may lead to loss and theft.

When registering, you are undertake to provide the correct and full details and responsible for ensuring this data is kept up-to-date using the "My Account" section of the website.

We reserve the right to refuse access to the website, to cancel accounts, remove or edit content of accounts.

Orders

By placing an order with us you will be deemed to have read, understood and agreed to our terms and conditions.

Order acceptance and the completion of the contract between you and us will take place on the dispatch of the products ordered by you, unless we have notified you that we do not accept your order.

If an order is not accepted, it may be for one of the following reasons:

  • We are unable to obtain authorization for your payment.
  • A pricing or product description error has been identified.
  • You have not met the eligibility to order criteria set out in the main terms and conditions which can be found on our website.
  • The product you have ordered is unavailable.

All prices are inclusive of 20% VAT. You will be notified of the delivery costs automatically before you pay. Your order will be dispatched provided that your payment has been approved.

Availability of sportz.cz is kept as up to date as possible but we cannot guarantee that a particular product will always be available. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid.

Cancellation / Withdrawal from Purchase Contract

You will be entitled to cancel the purchase agreement during the fourteen working days following receipt of the goods. If the purchase agreement is cancelled, you will be entitled to a refund of the amount you paid to us, less return transportation, bank transaction and handling fees. Such amount will in any case be refunded within 30 days of the cancellation of the agreement.

The provisions laid down in the preceding paragraph will only apply if:

  • The product(s) is returned in perfect condition and is still in its original packaging.
  • Labels, stickers and anything else that came with the item must still be attached.
  • Returned items show no sign of usage.
  • All other necessary documents as original invoice, RMA number (Return Material Authorization)
  • Optional: To assist us with providing a better service you can provide us with your reason for the cancellation.

Cancellation Process:

If you wish to cancel an order, please complete the RMA request (Return Material Authorization) on www.sportz.cz to ensure quick and effective processing of your return.

If your order has already been dispatched to you, please follow the procedure set out in the Returns and Replacement policy.

Payment

Ordered goods can be paid by:

  • Cash on Delivery: you will pay the purchase price on delivery to the courier company, or Czech Post. You order will be shipped once the order is accepted.
  • Bank Transfer: you will receive a order confirmation with our bank details. Once you have transferred the money to our account the your order will be shipped. We will reserve the items for a period of 7 days, if the transfer has not been finalized we will cancel the order.
  • Credit Card: after confirming your order you will be redirected to Global Payments Europe's 3D secure payment site where you will complete the payment instructions. On completion you will be redirected back to www.sportz and we will action the order based on the response from Global Payments Europe.
  • PayPal: after confirming your order you will be redirected to PayPal's secure payment site where you will complete the payment instructions. On completion you will be redirected back to www.sportz and we will action the order based on the response from PayPal.
  • PaySec: after confirming your order you will be redirected to Paysec's secure payment site where you will complete the payment instructions. On completion you will be redirected back to www.sportz and we will action the order based on the response from Paysec.
  • Personal Collection: you can also select to collect your items in person from our warehouse located at Ruzickova 370, Trebic, 674 01, Czech Republic. For personal collection we accept cash on collection. If you do not collect the items within 7 days of purchase, we will cancel the order and return the items to stock.

All prices are inclusive of 20% VAT and the prices are final. Ownership of the goods does not pass to you until full purchase price has been paid.

Delivery

During the confirmation of the order you will select your preferred method of delivery.

We will cover the costs of the shipment within the Czech Republic for orders over the value of 999Kc purchased at the www.sportz.cz (Free Delivery).

We reserve the right to change the conditions of Free Delivery in case of a large order, a special order or other circumstances.

The time of delivery is measured in working days (Monday through Friday). All order are dispatched within 24 hours of confirmation of the order.

You will receive a "Track & Trace" number by electronic mail, which enables constant monitoring of the parcel on the Internet via the DPD website: www.dpd.cz

Your responsibilities:

The receipt of the parcel from the delivery company must be acknowledged with written confirmation. Once you have confirmed receipt of the goods, the ownership and title to the product and all risk connected with the possession and use of the product, especially the risk of loss or damage is transferred to you.

You are responsible to check the condition of the goods immediately upon taking delivery. Should you notice any sign of damage, document the damage with the delivery company employee as well as submitting a formal claim with the delivery company within 3 days of acceptance of the parcel.

By accepting the parcel you have agreed that you are satisfied that the delivery company has fulfilled their conditions and your right to claims on account of loss or damage expire.

Our rights:

Failure to make a damage report in the presence of the delivery company during the receipt of the parcel revokes your rights to lodge a complaint against us for damaged products.

We waive any responsibility for any delays caused by the delivery company in the delivery of purchased products.

If you select to collect the items in person at our warehouse in Trebic, we will keep the items reserved for a maximum of 7 days, after which the order will be cancelled and the goods returned to stock.

Once the goods have been dispatched and you do not accept the delivery for whatever reason, we reserve the right to charge a penalty amounting to xxx Kc.

Returns and Replacement policy

All returns will be handled on a case-by-case basis. Please refer to the following section for detailed information and return procedures:

Unwanted Product(s):

If for whatever reason you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 14 days from receiving the item. We will make an exchange or refund, excluding the cost of shipping and internal handling fees. We can only offer the exchange of an item if it is still available in our stock and if an item is not available we will refund you as explained above.

Faulty / Damaged Product(s):

If a product arrives damaged or is not what you ordered in terms of our records, we will replace it free of charge. In these circumstances we will also pay you the cost of the return postage. We can only offer the exchange of an item if it is still available in our stock. If the item is not available to exchange we will provide you with a refund excluding the cost of shipping and internal handling fees.

If you receive any goods that are different to what you ordered or if it has been damaged, you must inform us immediately - within 1 day of receiving your order.

Your returned item(s) will be accepted for consideration, provided:

  • The product(s) is returned in perfect condition and is still in its original packaging.
  • Labels, stickers and anything else that came with the item must still be attached.
  • Returned items show no sign of usage.
  • All other necessary documents as original invoice, return authorization number, written description of reason for return or faults are provided.

The returned item(s) will not be accepted, if:

  • Products were purchased from other retailers
  • The goods were damaged by careless handling or improper usage
  • The items were damaged during delivery (must be dealt with dispatch company directly)
  • The return policy deadlines are not met
  • The items were damaged by natural hazards.

Returns Process:

Please complete the RMA request (Return Material Authorization) on www.sportz.cz after which you receive a RMA number and instructions on how to return the items. The return delivery deadline is 14 days from receipt.

Please obtain a proof of postage and receipt of payment from your Post Office to enable us to process the refund for your return postage costs. If the official postage receipt is not provided, we will not pay for the postage.

All returned items must be send to the following address:

Ace Snowboards s.r.o.

Růžičkova 370

Třebíč

Postal Code: 674 01

Czech Republic

The RMA number and copy of the original invoice and official postage receipt must be included in the return package else we cannot accept and process the return.

Your responsibilities:

You will be responsible for the returned products until they reach us and we sign acceptance for the items. Please use a secure delivery method which requires a signature upon receipt. We also strongly encourage you to insure the goods.

You are obligated to check the condition of the goods immediately upon taking delivery. Should you notice any sign of damage, advice the dispatch company immediately. By accepting the parcel you have agreed that you are satisfied that the dispatched company has fulfilled their conditions.

Other terms:

We will not accept liability for any loss or damage during delivery. We will endeavour to deal with each return case without necessary delays. The claim process may take up to 28 days from receiving the item back at our postal address.

Warranty Claims

All products have a 24 month warranty against manufacturer's defects from the date of purchase. Further, this warranty only covers defects in materials and workmanship. The warranty does not cover normal wear and tear, excessive abuse or misuse by riding things other than snow, impacts due to your steering problems, cosmetic issues or modifications you made.

You must retain your sales receipt as your proof of purchase and you will need to show this if you initiate a warranty claim. The warranty is only applicable to the original purchaser and is void if your product was purchased from another person or an unauthorized dealer (including, without limitation, Craig's List, EBAY, etc.)

If you think you may have defective product, complete a RMA request (Return Material Authorization) on www.sportz.cz and provide the required information to enable effective resolution of your claim. The RMA request must include the defects identified, their appearance (photos) and probable cause.

If the RMA request is accepted you will receive an RMA authorization number and instructions to ship the product to:

Ace Snowboards s.r.o.

Růžičkova 370

Třebíč

Postal Code: 674 01

Czech Republic

The RMA number and copy of the original invoice must be included in the return package else we cannot accept and process the claim.

You are required to pack the goods properly, insure them and send them with pre-paid delivery. We will not accept any goods returned as unpaid delivery. If the warranty claim is justified we will refund you the full purchase amount, and the return delivery charge.

ALL WARRANTY CLAIMS MUST BE ACCOMPANIED BY A SALES RECEIPT AND A RMA NUMBER.

Privacy Policy

We respect your privacy. We guarantee that your personal details such as your name, email address and any other confidential information of a personal nature remain confidential and will not be provided to any third party without your consent.

In order to process orders online, we need information including your billing address, email address, contact number and payment details. We hold your personal details on a secure database.

By ordering online you give us consent to use your personal details for processing your order, processing your payment, arranging delivery, and retaining your purchasing details for statistical analysis.

By selecting to receive newsletter you give us consent to send a variety of shopping offers and promotional materials. You also have the option not to use this service.

Whilst we make every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information.

We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.

Availability of Our Website

You acknowledge that the website will not be available at all times. The website and its connections to various channels may, for example, be unavailable due to interruptions and necessary maintenance and repair work, which is not within our control.

We give notice of such unavoidable interruptions and delays in providing our services. We will also give you timely notice of scheduled maintenance to the website that may cause an interruption or delay in the provision our services or your ability to access the website.

Limitation of liability for loss or damage

You acknowledge that your use of the website and payment method is entirely at your own risk.

Accordingly, unless we acted with gross negligence or fraudulent intent or in breach of this agreement, we will not be liable for any costs, expenses, losses or damages of whatever kind which you may suffer or incur as a result of, arising from, or in connection with any one or more of the following:

  • any malfunction or defect in the hardware or equipment you use to access the website (including your personal computer and cellphone);
  • any defect in the software you use to access the website;
  • the website being off-line or unavailable;
  • any power outages, industrial action or other circumstances which are not reasonably within our control;
  • any incorrect, unauthorised, incomplete or unlawful instructions from you;

Intellectual property

We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on our website from time to time.

You are authorised to view and download one copy of these terms and conditions to a local hard drive or disk and to print and make copies of these printouts, on condition that:

  • you use this material to consider and use the website and for no other commercial purpose; and
  • any copy you make of any of our proprietary material on our website or any webpage must include our copyright notice in full.

The logos and trademarks on our website are our registered and unregistered trademarks, or those of other persons. Nothing on our website is intended to be interpreted as granting you or any other person any license or right to use any trademark without the prior written consent of the owner of the trademark. You may not, without our prior written consent, use any of our intellectual property or the intellectual property of any other person for any purposes whatsoever.

You are prohibited from spoofing, linking or framing any part of the website.

Confidentiality of information and security

We cannot be held responsible for the confidentiality of information you gave us when you registered to access the website.

You acknowledge that information transmitted through the internet, cellphone networks and other communication systems, including wireless connections, is susceptible to interception, unlawful access and distortion and monitoring and that you use the website at your own risk.

Costs and expenses

You must pay and refund us on demand for all reasonable costs, fees and expenses (including legal fees on the attorney and own client scale and other out‑of‑pocket expenses and any VAT or other similar tax) which we incur in connection with maintaining and enforcing either rights under these terms and conditions. These may include collection charges.

These terms and conditions are the entire contract

These terms and conditions are the only record of the contract between the parties in regard to the subject matter of these terms and conditions. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition, or undertaking, not recorded in these terms and conditions, and these terms and conditions replace any arrangement or understanding held by the parties before these terms and conditions governed their relationship.

Transferring rights or obligations

We may transfer all or some of our rights and obligations under these terms and conditions to any other person. We do not have to inform you or get your permission to transfer our rights and obligations. If this clause applies, then 'we' where used in these terms and conditions will include the person to whom we have transferred any of our rights or obligations in terms of this clause.

General declarations

You confirm that:

  • we did not make you register for the website or do anything leading up to these terms and conditions that would be considered unconscionable or otherwise render these terms and conditions unlawful;
  • there were no blank spaces on these terms and conditions at the time when you registered for access to the website;
  • we did not ask you to sign any additional (supplementary) agreements or documents that are not referred to in these terms and conditions; and
  • we did not make you an offer that automatically results in an agreement if you do not decline it.
  • You understand your rights and duties under these terms and conditions.
  • You are able to print or save a copy of these terms and conditions.
  • You have the legal capacity (and where relevant authority) to access and use the website on these terms and conditions. This means, in the context of these terms and conditions, that the law regards you as competent to access and use the website on these terms and conditions, considering, if you are an individual, factors such as your age, marital status, and mental state.

You are aware of terms with specific legal consequences

You confirm all of the following:

  • you have read and understood all these terms and conditions;

 

Lyžařské zájezdy 2011-12
© 2011 sportz.cz. All Rights Reserved.


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