Terms & Conditions – FYME SPORTS

. USER ACCOUNT

Upon the Buyer’s voluntary registration on the Seller’s website, the Buyer may access its user interface. From its user interface, the Buyer can order Goods (hereinafter referred to as the “User Account”). The Buyer may also order the Goods without registration directly from the Online Shop’s web interface.
When registering on the Website and ordering the Goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change thereof. The data given by the Buyer in the User Account and when ordering the Goods are considered by the Seller to be correct.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her User Account. The Buyer is not entitled to allow the use of the User Account by third parties.
The Seller may cancel the Buyer’s User Account, especially if the Buyer has not used his/her User Account for more than 2 years or if the Buyer breaches his/her obligations under the Contract (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available at all times, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment, or, as the case may be, due to the necessary maintenance of third party hardware and software.

. CONCLUSION OF THE CONTRACT

The Online Shop includes, among other things, a catalogue of Goods, a cart and an ordering system. For each product listed in the catalogue, there is indicated its designation, description, price and estimated availability. Listing of Goods in the catalogue is not an offer for delivery of these Goods by the Seller, the application of the provisions of Section 1732 (2) of the Civil Code is excluded.
The Buyer puts the Goods from this catalogue he/she wants to buy into the cart. Then he/she creates an order for the Goods placed in the cart.
When making the order, the Buyer provides his/her identification, invoicing and contact information including the e-mail address for mutual communication and the address for the delivery of Goods, chooses the method of delivery and payment and provides the payment information. Should he/she already have created a User Account, the Buyer does not have to re-enter the data when ordering the Goods. Before sending the order, the Buyer is shown all entered data and a list of ordered Goods with the total price, including the price of the Goods, the price of delivery, the price for any related services and all applicable taxes and fees.
The Buyer has the possibility to check and change the entered data at any time prior to sending the order. The order is sent by a Buyer by clicking on the “Send Order” button. The order sent is an irrevocable offer made by the Buyer to conclude the contract.
If a payment via the payment system is not realized for any reason, the order will be still sent and the Buyer contacted by e-mail containing instructions for the payment by bank credit transfer.
After sending the order, the Buyer is sent an e-mail confirming delivery of the order to the Seller. This e-mail is not an acceptance of the offer by the Seller, but is merely a confirmation that the Buyer’s order has been received by the Seller.
The Contract is concluded as soon as the Seller agrees to the Buyer’s offer. The Seller shall express this consent by sending another e-mail to the Buyer accepting his order or requesting the Buyer to specify the order. If the Buyer fails to deliver this e-mail, the Contract is concluded at the moment of delivery of the ordered Goods.
The Seller is not obliged to accept the Buyer’s offer. The Seller may also agree to a reservation rejecting the Buyer’s offer and making a new offer for the conclusion of the Contract with new content. In such a case, the Contract is concluded by e-mail only by expressing the unconditional consent of one of the Parties to the offer of the other Party. However, the Terms and Conditions of the contract concluded with the Buyer have always been a part of the content of such a contract, which the Buyer agreed to when confirming the original order.
Under the Contract, the Seller is obliged to deliver the Goods to the Buyer and the Buyer is obliged to take over the Goods and pay the agreed price to the Seller, all in accordance with the Contract, the integral part of which the Terms and Conditions are.
The Contract is concluded between the Parties in electronic form and consists of the Buyer’s order, acceptance of the order by the Seller and the Terms and Conditions.

. DELIVERY OF GOODS AND PAYMENT OF THE PRICE

Goods are delivered by the Seller through the carrier to the place of delivery chosen by the Buyer.
The payment may be made in the following ways:
- online payment using by card via Stripe
- payment via PayPal;
The prices of Goods listed in the Online Shop catalogue do not include the price of delivery, the price of any other services or related fees. The Buyer is informed about the final total price for the purchase of Goods, including the price of delivery, other services, taxes and fees, at the latest when making the order.
The Buyer selects the method of delivery of the Goods and the payment of the price from the options specified in the Online Shop when creating the order. The price is stated for each of the possible delivery methods. The Buyer is obliged to pay the delivery price specified in the selected method of delivery.
Before sending the Goods, the Seller shall send to the Buyer an e-mail message with the information about the dispatch of the Goods and the attached tax document in electronic form. The Buyer agrees to use the tax document in electronic form.
The Seller undertakes to deliver the Goods to the Buyer within a reasonable period of time depending in particular on the selected method of delivery, but no later than four (4) weeks from the payment of the total price. The expected delivery times, if any, are only indicative and not binding.
Transport and handing over the Goods are subject to the general conditions of the carrier. The Buyer is obliged to properly read these general conditions of the carrier before sending the order.
The Buyer is obliged to take over the Goods at the place of delivery and at the estimated time of delivery specified by the carrier, or deposited with the carrier at the place and within the time limit according to the conditions of the carrier. If he/she breaches this obligation, he/she is obliged to compensate the Seller for any damage incurred for this reason, consisting mainly in the costs of returning the Goods and possible costs of re-delivery. The Seller is entitled to set off this damages unilaterally against the amount paid for the price for the Goods.
Any person at the place of delivery chosen by the Buyer shall be deemed to have been authorized by the Buyer to take over the Goods. The Buyer is responsible for the loss, damage or theft of the Goods by this person.
The risk of damage to the Goods shall pass to the Buyer upon handover to the carrier for transport to the place of destination. If the goods are not transported or if the Buyer is a consumer, then upon takeover of the Goods.
The Buyer acquires title to the Goods by paying the purchase price and accepting it, whichever is later.

. RIGHTS FROM DEFECTIVE PERFORMANCE

The Goods are defective if they are not delivered to the Buyer in the agreed quantity, quality and design. If the quality and workmanship are not separately agreed, the quality and workmanship data stated in the Goods in the e-shop catalogue shall apply, otherwise the Seller shall perform in quality and workmanship suitable for the usual purpose.
The Buyer’s right from defective performance is constituted by a defect that the Goods have when the risk of damage passes to the Buyer, even if it becomes apparent later. Buyer’s right applies even when the defect caused by a breach of the Seller`s obligations comes into being later.
The Buyer is obliged to inspect the Goods as soon as possible after the transfer of the risk of damage to the Goods and to check its properties and quantity.
If defective performance is a breach of the Contract, the Buyer has the right to defect rectification. The Seller removes the defect by delivering a new or missing Goods or part thereof. If the Seller fails to rectify the defect in a timely manner or refuses to remove the defect in the Goods, the Buyer may require the purchase price reduction or cancel the Contract. The Buyer cannot change the choice already made without the Seller’s consent.
If the Buyer has not notified the defect without undue delay after having been able to identify it with timely inspection and sufficient care, he/she is not entitled to the claim due to the defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the Buyer could detect it in the exercise of due diligence, but no later than two (2) years after the handover of the thing.
In other matters, the rights and obligations of the Parties based on the improper performance shall be governed by the relevant provisions of the Civil Code, in particular Sections 1914 through 1925 and 2099 through 2112.
The provisions of this Article V shall not apply if the Buyer is a consumer.

. SPECIAL PROVISIONS ON CONSUMER RIGHTS BASED ON DEFECTIVE PERFORMANCE

The Seller shall be liable to the Buyer for the Goods being free from defects. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the Goods,
– the Goods have the characteristics agreed by the parties and, in the absence of an agreement, those characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the Goods and based on the advertising they carry out;
– the Goods are fit for the purpose stated by the Seller or for which the Goods of this kind are usually used;
– the Goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template;
– the Goods are of an appropriate quantity, measure or weight, and
– the Goods comply with legal requirements.
If a defect occurs within six (6) months of receipt, the Goods shall be deemed to have been defective at the time of receipt.
The Buyer is entitled to exercise the right from a defect that occurs in consumer Goods within twenty-four (24) months from receipt. This period is reduced by half in the case of the purchase of used consumer Goods. The Buyer is not entitled to exercise the right from the defect:
for Goods sold at a lower price for a defect for which the lower price was agreed,
for wear and tear of the Goods caused by normal use,
in the case of used Goods, a defect corresponding to the level of use or wear which the Goods had at the time of receipt by the Buyer, or
if this is due to the nature of the Goods.
If the Goods do not have the characteristics set forth in paragraph 1 above, the Buyer may also request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a component of the Goods, he/she may only require replacement of such component; if this is not possible, he/she may withdraw from the Contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to defect rectification free of charge.
The Buyer has the right to delivery of new Goods or replacement of parts even in the case of a removable defect, if the Goods cannot be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In such case, the Buyer has the right to withdraw from the Contract.
If the Buyer does not withdraw from the Contract or does not exercise the right to delivery of new Goods without defects or to replacement of its parts, the Buyer may request a reasonable discount. The Buyer shall have the right to a reasonable discount even if the Seller cannot deliver new Goods without defects or replace its parts, as well as if the Seller fails to correct irregularities within a reasonable time or if remedy would cause significant difficulties for the Buying consumer.
The Buyer shall not be entitled to any right based on defective performance if he/she knew that the Goods had a defect prior to taking over of the Goods or if the Buyer himself caused the defect.
The exercise of the right based on defective performance can be done by e-mail to info@fymesports.com, or to the Seller’s address, Nemocniční 1184, 783 91 Uničov, Czech Republic, where the subject of the message reads: “Complaint” and includes the order number with description of defects and the required method of complaint.
The Seller or an employee authorized by the Seller decides the claim immediately, in complicated cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including defect rectification, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Seller and the consumer agree on a longer period. The lapse of time is considered as material breach of the Contract.
In other matters, the Buying consumer’s rights from defective performance shall be governed by the relevant provisions of the Civil Code, in particular Sections 2161 to 2174, and related regulations.
Beyond the foregoing, the Seller grants a lifetime warranty on the hand-sewn products of the Online Store. The Seller hereby warns that the lifetime warranty is limited by the general durability of the materials used.

. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

The Buyer, when being a consumer, has the right to withdraw from the Contract within fourteen (14) calendar days, if it is:– a purchase contract, from the date of receipt of the Goods,
– a contract the subject of which are several kinds of Goods or the supply of several parts from the date of receipt of the last delivery of the Goods, or

– a contract the subject of which is a regular repeated supply of Goods from the date of receipt of the first delivery of Goods.
Withdrawal from the Contract as well as related actions may be made in particular by e-mail to info@fymesports.com or by notice sent to the Seller’s address.
The Buyer does not have to state the reason for withdrawal from the Contract pursuant to this Article. The withdrawal period shall be deemed to have been maintained if the Buyer sends a notice to the Seller that he/she is withdrawing from the Contract. The Buyer may also withdraw from the Contract by sending a completed withdrawal form, which is available on the website of the online store and which is an integral part of the Terms and Conditions, but the use of this form is not mandatory for the Buyer.
If the Buyer withdraws from the Contract, he/she is obliged to send the Seller, without undue delay, no later than fourteen days after withdrawal from the Contract, the Goods received from it to the address: Nemocniční 1184, 783 91 Uničov, Czech Republic.
In the event that the Buyer withdraws from the Contract pursuant to this Article, the Seller shall return to him/her without undue delay, no later than fourteen (14) calendar days from the Withdrawal from the Contract, all funds, including delivery costs accepted from him/her, in the same way. However, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer hands over the Goods or proves that the Goods have been sent to the Seller. The cost of returning the Goods shall be borne by the Buyer.
If the Buyer has chosen a method other than the cheapest method of delivering the Goods offered by the Seller, the Seller shall return to the Buyer the cost of delivering the Goods in the amount corresponding to the cheapest method of delivering the Goods.
The Buyer shall be liable to the Seller for any diminution in value of the Goods resulting from the handling of the Goods in any way other than as required to be treated with respect to its nature and properties. The Seller is entitled to unilaterally set off the claim for damages in the form of impairment of the Goods against the Buyer’s claim for refund of the purchase price. However, normal damage to the original packaging resulting from the unpacking of the Goods cannot be considered as impairment of the Goods.
The Buyer cannot withdraw from the contracts specified in § 1837 of the Civil Code. In particular, the Buyer acknowledges that the Seller provides, in addition to the normal configuration of the Goods, the possibility to modify the Goods according to the Buyer’s wishes. If the Buyer uses the option to modify the Goods according to his/her wishes (e.g. stamping a name on a dog collar, etc.), the Buyer can not withdraw from the Contract in accordance with § 1837 d) of the Civil Code. The Buyer is also not entitled to withdraw from the Contract concluded in the section “Custom manufacture from leather”, with respect to § 1837 d) of the Civil Code.

. PROTECTION OF PERSONAL DATA

All information regarding the processing of personal data can be found in a separate document “Privacy Policy” directly at this page: Privacy Policy.

. FINAL PROVISIONS

The Contracting Parties shall deal with each other primarily by means of e-mail messages. The Seller sends e-mail messages to the Buyer to the address specified by the Buyer in the order, or in the notice of withdrawal or in the notice of complaint. The Buyer sends e-mail messages to Seller to the Seller`s address:info@fymesports.com.
In the event of Buyer`s being a consumer, he/she is entitled to an out-of-court resolution of any consumer dispute. In these cases, the entity providing out-of-court dispute resolution of consumer disputes is the Czech Trade InspectionAuthority (www.coi.cz). You can also use the ODR platform set up by the European Commission at http://ec.europa.eu/odr.
The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Contract shall be borne in full by the Buyer.
The Contract and all rights and obligations in connection therewith shall be governed by the laws of the Czech Republic. The rights and obligations of the Parties not expressly regulated in the Contract are governed by Act No. 89/2012 Coll., the Civil Code, as amended, and other generally binding legal regulations of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 thereof.
Both Contracting Parties declare that any mutual disputes arising from this Contract shall be resolved preferentially by means of amicable settlement, i.e. primarily through mutual negotiation and possibly through out-of-court settlement of consumer dispute. All disputes of the Parties arising out of or in connection with this Contract shall be settled definitively by the general courts of the Czech Republic.
The Seller is entitled to unilaterally change the Terms and Conditions. In the event of later changes to the Terms and Conditions, the contractual parties shall be bound by the wording agreed upon by the Buyer when sending the order.
If any provision of the Terms and Conditions or the Contract is or becomes unreal, invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions of the Terms and Conditions or the Contract. The Contracting Parties undertake to replace an unreal, invalid or unenforceable provision by a new provision whose wording will correspond to the intention expressed by the original provision and by the Contract as a whole.
These Terms and Conditions fully replace the existing terms and conditions of the Seller’s online store and are valid and effective from 1 April 2020 and are available electronically at www.fymesports.com