Terms and conditions

Basic provisions

These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Bc. Arkadiy Ruskin, ID No.: 28904095, VAT No.: CZ9010193291, registered office: Vlkova 532/8, Prague 3 – Žižkov, 130 00, e-mail: info@fenek-sport.biz, tel.: +420 608 556 999 (hereinafter referred to as the “Seller”), govern in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller's online store.

The online store is operated by the Seller on the website located at www.fenek-sport.biz (hereinafter referred to as the “Online Store”), through the web interface of the site (hereinafter referred to as the “Store Web Interface”).

These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activities or independent professional practice when placing the order.

Provisions that deviate from these Terms and Conditions may be individually agreed upon in the Purchase Contract. Any such special agreements in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions. The Terms and Conditions are an integral part of the Purchase Contract.

The Seller may change or amend the wording of these Terms and Conditions. Such changes do not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

II.

Information about goods and prices

The information about goods and prices provided by the Seller is binding, except in cases of obvious errors. Prices are presented including all taxes (e.g., VAT) and fees, excluding delivery costs.

Information about accepted payment methods is provided HERE. The Seller does not charge any fees based on the selected payment method, except for cash on delivery.

In accordance with the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is required to register the received payment with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

The Buyer agrees to the use of means of remote communication when concluding the purchase contract. Any costs incurred by the Buyer when using remote communication (such as internet connection fees, phone call charges, etc.) in connection with concluding the purchase contract shall be borne by the Buyer.

Acceptance of an offer with an addition or deviation is not considered acceptance of the offer.

Confirmation of the contents of a contract concluded in a form other than in writing, which deviates from what was actually agreed, has no legal effect.

The receipt of unsolicited performance by the Buyer does not constitute acceptance of the offer.

Photographs displayed on the online store correspond to the goods being sold.

III.

Order, delivery of goods

The Seller shall deliver the goods to the Buyer complete, no later than 15 days after the order confirmation, unless a different delivery time is stated for the specific product. If the product is marked "in stock", the Seller shall dispatch the goods no later than within 5 business days. The Buyer is obliged to accept the goods and make the payment. It is recommended that the Buyer inspects the goods as soon as possible upon receipt.

The documents related to the goods, especially the tax document (invoice), will be sent by the Seller to the Buyer immediately after the goods are received, but no later than within 3 days from the receipt of the goods by the consumer.

If requested by the Buyer, the Seller shall confirm in written form the scope and duration of the Seller’s obligations in relation to defective performance and how the Buyer can exercise their rights arising therefrom.

Price and delivery methods (information available HERE)

If the Buyer fails to collect the goods within the agreed timeframe due to a breach of their obligations, they are required to pay a storage fee of CZK 30 per day of delay, up to a maximum of CZK 600. After notifying the Buyer by email and providing a new reasonable deadline for collection, the Seller is entitled to sell the goods in an appropriate manner. The Seller may deduct the storage costs and the costs of the unsuccessful delivery (due to the Buyer’s lack of cooperation) from the proceeds of the sale, but only in the necessary amount.

IV.

Withdrawal from the contract and order cancellation

The Buyer may withdraw from the contract within 14 days from receipt of the goods or the last part of the delivery, regardless of the method of delivery or payment. This period is intended to allow the Buyer to become acquainted, to a reasonable extent, with the nature, characteristics, and functionality of the goods. The Buyer is also entitled to withdraw from the contract at any time before the goods are dispatched. If the goods have already been dispatched, the Buyer may exercise the right of withdrawal within the period specified in this section. In the event that the shipment is not accepted without prior withdrawal from the contract, the Seller reserves the right to claim reimbursement of the costs associated with delivery.

Beyond the statutory period, the Seller provides the Buyer with the option to withdraw from the contract within 30 days from receipt of the goods. This extended period is provided voluntarily and is subject to the conditions set out below.

The Buyer must send or deliver the notice of withdrawal to the Seller within the specified period. The Buyer is not required to state the reason for withdrawal. To facilitate communication, it is recommended to include the order number or invoice number, date of purchase, bank details, and the chosen method of returning the goods.

The Buyer is obliged to return the goods to the Seller without undue delay, no later than 14 days from withdrawal from the contract. The goods must be returned complete, clean, unused, undamaged, and in the original packaging, including all parts and accessories, in particular including the original tags. Packaging must be opened carefully to avoid damage. Footwear must be returned in the original box, which must be protected by an additional outer packaging.

If the returned goods are damaged due to a breach of the Buyer’s obligations, the Seller is entitled to claim compensation for the diminished value of the goods and offset it against the refund.

If the returned goods do not meet the above conditions (in particular if they are used, damaged, incomplete, or without tags), the Seller is entitled to:

reduce the refund by an amount corresponding to the diminished value of the goods, or
refuse the return and send the goods back to the Buyer at the Buyer’s expense. The Seller may require these costs to be paid in advance.

The Buyer is obliged to properly identify the returned shipment (e.g. by including the invoice or stating the order number). Otherwise, the Seller reserves the right to refuse the return.

Goods must not be returned cash on delivery (COD). Such shipments will not be accepted.

The Buyer bears the cost of returning the goods. If the Buyer uses a return method arranged by the Seller, a handling fee may be charged.

The Seller shall refund the Buyer the amount corresponding to the price of the goods within 14 days from withdrawal from the contract, using the same payment method as was used by the Buyer, unless agreed otherwise. The Seller is not obliged to refund the payment before the Buyer has returned the goods or provided proof that the goods have been sent back.

The cost of delivery to the Buyer will be refunded only up to the amount corresponding to the cheapest delivery method offered. Additional services, in particular cash on delivery fees, are non-refundable.

The Seller is entitled to withdraw from the contract at any time before the goods are delivered if, for objective reasons on the part of third parties, the Seller is unable to deliver the goods within a reasonable time, and/or if it becomes apparent that the Buyer has previously breached a contract with the Seller.

The Seller also informs the Buyer that the contract is not concluded if there are reasonable doubts about the Buyer’s true identity or in the case of obvious errors in the information provided about the goods or their price.

The Buyer does not have the right to withdraw from the contract in cases specified in Section 1837 of the Civil Code, in particular in the case of:

goods made to the Buyer’s specifications or clearly personalized,
goods delivered in sealed packaging which have been unsealed by the Buyer and cannot be returned for hygiene reasons.

The Seller reserves the right to cancel an order for goods marked as “Sold Out” if the goods can no longer be supplied or replaced with another model, or if their price has significantly changed and the Buyer does not accept this before the contract is concluded. The Buyer will be informed of this situation. If part or all of the order has already been paid, the funds will be refunded to the Buyer’s account.

Rights arising from defective performance and complaint handling

The Seller is liable to the Buyer that the goods are free from defects upon receipt and correspond to the agreed description, type, and quantity, are fit for the purpose for which goods of this type are normally used, and are supplied with accessories and instructions for use.

The Buyer is entitled to assert rights arising from defective performance within 24 months from receipt of the goods, unless the law provides otherwise. If a defect appears within 12 months from receipt, it is presumed that the goods were already defective at the time of receipt, unless proven otherwise.

The Buyer is obliged to assert a claim without undue delay after discovering the defect, by e-mail, through a complaint form, or by another provable method. When submitting a claim, the Buyer is required to provide the order number or proof of purchase, a description of the defect, and the requested method of handling the claim. The electronic complaint form can be found HERE.

The Buyer is obliged to deliver the claimed goods to the Seller without undue delay. The goods must be properly packaged to prevent damage during transport and should be clean and, where possible, complete.

In the case of a defect, the Buyer is entitled to:

repair of the defect,
replacement of the goods or missing part,
a reasonable discount on the purchase price, or
withdrawal from the contract, where the nature of the defect allows it.

The Buyer is obliged to choose the requested method of handling the claim when submitting it. The Seller is entitled to propose a different method of settlement if the chosen method is impossible or disproportionately costly.

The claim shall be assessed without undue delay, no later than within 3 working days from its submission, and settled no later than within 30 days, unless the Seller and Buyer agree on a longer period. The Buyer shall be informed if expert assessment is required.

After expiry of this deadline, the Buyer has the same rights as in the case of a material breach of contract.

Claims do not apply to defects caused by normal wear and tear, improper use or maintenance, mechanical damage, improper storage, or interference by the Buyer or a third party. In particular, for textile and sports goods, defects do not include wear corresponding to the intensity of use, damage caused by improper washing or maintenance, or mechanical damage occurring during sports activity.

In the case of a justified claim, the Buyer is entitled to reimbursement of reasonably incurred costs associated with the claim, in particular transport costs. In the case of an unjustified claim, the Buyer bears the costs of returning the goods.

The warranty period is extended by the period from the submission of the claim until its settlement. In the case of replacement of goods, a new period for asserting rights due to defects begins from the receipt of the replacement goods.

VI.

Out-of-court dispute resolution

Disputes between the seller and the buyer are resolved by the general courts.

According to the Act (No.634/1992 Coll.), a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.

Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the seller.

The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/ .

The buyer may also contact dTest, o.p.s. for advice on his/her consumer rights via www.dtest.cz/poradna or by calling 299 149 009.
The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses. Out-of-court settlement of disputes can also be done through the YourComplaints.cz service on the website www.vasestiznosti.cz.

This procedure is neither mediation pursuant to Act No. 202/2012 Coll., on Mediation (No. 202/2012 Coll.) nor arbitration pursuant to Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards (No. 216/1994 Coll.) and its use does not affect the parties' right to take their claim to the Czech Trade Inspection Authority or to court.

During the out-of-court settlement negotiations, the limitation and prescription periods under the Civil Code shall not run or begin to run unless one of the parties to the dispute expressly refuses to continue the negotiations.

The Seller undertakes, if the Buyer agrees, to endeavour to comply with dTest's advisory opinion.
Supervision of compliance with the obligations under the Consumer Protection Act (No. 634/1992 Coll.) is carried out by the Czech Trade Inspection Authority (www.coi.cz)

VII.

Final provisions

For the purposes of these terms and conditions, the buyer is a consumer, which is a person who, unlike the seller, does not act within the scope of his business activity or within the scope of his independent exercise of his profession when concluding and performing the contract.

For the purposes of these Terms and Conditions, the Seller means a businessman who, unlike the Buyer, is acting in the course of his business or in the course of his profession when concluding and performing the Contract.

Other matters not specified herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.

The contract and related matters are governed by Czech law. Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.

These terms and conditions are effective from 10 January 2020.