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TERMS AND CONDITIONS OF USE


Terms and Conditions (T&Cs) for operator FanObchod.cz

I. Basic Provisions


These Terms govern the relationship between the parties to the sale contract, the operator FanObchod.cz - Ing. Pavel Nadrchal, ID: 74018159, VAT: CZ8011203321, resident Lonkova 465, 530 09 Pardubice - Polabiny, registered in the trade register at the office responsible according to § 71 paragraph 2 of the Act: Municipality of Pardubice (the "Seller") on the one hand and on the other hand the buyer or customer, who can be a consumer (the "buyer"). More information about the seller is listed on the website www.FanObchod.cz in the "About Us" section.

Buyer is a consumer or entrepreneur.

A consumer is a natural person who, while executing the purchase agreement with the seller does not conduct business or other activities or the independent exercise of his profession.

The legal relationship between seller and buyer expressly stipulated in these Terms & Conditions shall be governed by the provisions of the Act. No.89/2012 Coll. of the Civil Code and the Act. No.634/1992 Coll. about consumer protection, both in the amended and effective version, as well as related regulations.

An Entrepreneur is:
- A person registered in the Commercial Register,
- A person who does business under a trade license,
- A person who operates on the basis of other than trade privileges under special regulations,
- A person who is engaged in farming and is registered in the register under a special regulation.

The legal relationship between seller and buyer, who is an entrepreneur, not specified in these T&Cs or the contract between the seller and buyer are governed by the relevant provisions of the Act. No. 89/ 2012 Coll. Of the Civil Code, as amended and related regulations. In case of any differences between T&Cs and the individual contract, the contract shall prevail.

The buyer by placing an order confirms that he is familiar with these T&Cs, its integral part are the complaints procedure and the document "Transport overview", conditions of the ordered services and that he accepts them as in the applicable version and effective at the time of the dispatch of the order.

The buyer acknowledges that based on the purchase of souvenirs that are in the business offer no right to use registered trademarks, trade names , logos or patents seller or other companies arise, unless by a special agreement stipulates otherwise.

Purchase contract


The buyer may conclude a contract in the way of adopting the contract on the website FanObchod.cz and the required fulfilment (goods, services, electronic content) is put into the basket. The buyer may enter into a contract assisted by the seller, whether by phone or ordering via email. Before the buyer confirms the order bindingly, the buyer has the right to change the required fulfilment, transport and payment method, ie check all the data entered in the order. The contract arises when sending an order by the purchaser after choosing transport and payment method and the order confirmation received from FanObchod.cz, for any errors during data transmission the operator FanObchod.cz is not responsible. The conclusion of the contract shall be immediately confirmed by the operator FanObchod.cz sending an informative email to the buyer’s email address which has been specified before. The resulting contract (including the agreed price) can be changed or canceled only by agreement of both parties or based on legal reasons.

Relationships and any disputes arising under the contract, shall be resolved exclusively by the applicable laws of the Czech Republic and will be settled by the courts of the Czech Republic. This is without prejudice to cases where the buyer is a consumer and will have their habitual residence in a country other than the Czech Republic and choice of law or prorogation court will not be accepted.

The contract is concluded in the Czech language. If there is a need of translation of the contract text for the buyer, in case of dispute concerning the interpretation of the concepts, the interpretation of the contract in the Czech language is applied.

The contract is archived by the the seller for at least five years after its closure, up to a maximum according to the relevant legislation in order to successfully meet these and is not accessible to non-participating third parties. Information on individual technical steps leading to a contract are evident in the T&Cs where this process is clearly described. The buyer has the option before sending to check and amend the order. These T&Cs are available on various portals of the seller and this allows the archiving and reproduction by the buyer.

II. Data security and privacy notice


The seller declares that all personal information is confidential and will be used only for the execution of the contract with the buyer and and marketing events, not otherwise disclosed to any third party, etc. with the exception of situations related to the distribution or payment related to the goods ordered (name, delivery address, phone number or email address). The seller progresses in such way that the data subject is not infringed upon its rights, especially the right to human dignity and shall also ensure protection against unauthorized intrusion into the private and personal life. Personal information that is provided voluntarily by the buyer to the seller in order to fulfill orders and marketing campaigns of the seller are collected, processed and stored in accordance with the laws of the Czech Republic, while complying with European Parliament and Council Regulation (EU) 2016/679, the General Regulation on Personal Data Protection, also known as the GDPR. The byuer gives his consent to the collection and processing of personal data for the purposes of fulfilling the contract subject of sale and use for marketing purposes of the seller (esp. for sending commercial messages, sms) and this until a written statement disagreeing with the processing is mailed to the address of Ing. Pavel Nadrchal, Lonkova 465, 530 09 Pardubice - Polabiny. A written statement in this case is also considered to be in electronic form. The buyer has the right of access to his personal data and to correct them (including the right to request clarification and removal of an incorrect condition and other legal rights to the data).

III. Working hours


Orders via online store possible: 24 hours a day, 7 days a week.

IV. Prices


All prices are agreed by contract. In the e-shop you are always provided with up to date and current prices. Prices are final, ie including VAT, respectively all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to any charges for freight, packing, etc.

Special prices are valid while stock lasts, when indicated for a certain quantity of goods or limited to a specific time.

V. Ordering


The buyer receives the goods at the price valid at the time of ordering. The buying consumer has the opportunity to check the total price including VAT and all other taxes before ordering.

Orders can be placed the in following ways:
- Electronic commerce on www.FanObchod.cz (hereinafter referred to as "e-shop"),
- Via e-mail to objednavky@fanobchod.cz,
- By phone.

The seller recommends the buyer to place orders through electronic/internet shop. Only in this way it is possible to be included in our loyalty program and to receive loyalty points for the purchase.

VI. Withdrawal from the contract


Withdrawal from the contract by purchaser who is a consumer


The buying consumer shall have the right in accordance with § 1829, clause 1 of the Civil Code, to withdraw from the contract within 14 days after receipt of goods if the contract was concluded by means of distance communication. If the consumer decides to utilize this right, the withdrawal must be delivered to the seller no later than 14 days after receipt of goods. The costs of returning the goods to the seller pays the buying consumer.

Withdrawal from the contract and the goods should be sent to:
Ing. Pavel Nadrchal
Lonkova 465
530 09 Pardubice
Czech Republic

The buyer is required to return the full goods, with complete documentation, undamaged, clean, preferably including original packaging, in the condition and value in which the goods have been taken over. In case that goods are returned incomplete or damaged, the seller can refund of the purchase price reduced by the corresponding amount (in accordance with § 1833 of Act No. 89/2012 Coll. of the Civil Code).

Money for returned goods will be provided to the buyer as per § 1832, the Act No. 89/2012 Coll. of the Civil Code, within 14 days of returning the goods to the seller based on the withdrawal.

Except where withdrawal is expressly agreed, the consumer cannot withdraw from the contract of:
a) the provision of services, if they were fulfilled with their prior explicit consent before the deadline for withdrawal and the seller before concluding a contract informed the consumer about the fact that he has no right of withdrawal in this case,
b) the supply of goods or services whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal,
c) the supply of goods which have been adapted to the wishes of the consumer or to his person,
d) the supply of audio or video recordings or computer program, if their original packaging was broken,
e) the supply of newspapers, periodicals or magazines.

If the buyer decides to withdraw within the mentioned period, it is recommended to speed up the processing of withdrawal from the contract, to deliver the goods to the seller along with an attached cover letter with a reason for withdrawal from the contract (not neccessary), listing the number of the purchase document and a buyer‘s bank account number or indicating whether the amount will be taken in cash from the buyer or that it will be left with the seller for future use for the next buyer‘s purchase.

The buyer acknowledges that if the goods were supplied including gifts, the donation contract between seller and buyer closed with a condition that in case the buyer uses his rights to withdraw from the contract, pursuant to § 1829 of Act No. 89/2012 Coll. of the Civil Code the donation contract is due to expire and the buyer is required along with the returned goods to provide the related gifts. In case that these will not be returned, these values are seen as unjust enrichment by the buyer.

When all the above conditions for returning goods have been fulfilled the purchaser is entitled to a refund of the financial amount associated with the returned goods that have been returned by the buyer within 14 days of the withdrawal. In the absence of an account number, the amount will be in the same period of time automatically ready for pick up in cash upon presentation of the original credit note, which is promptly after resolved withdrawal from the contract sent to the customer.

Other rights and obligations of the parties

The appropriate Czech Trade Inspection is for court resolution of consumer disputes from purchase contract, based on Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.

Other rights and obligations of parties resulting from cooperation FanObchod.cz and Nepřevzal.cz

This part of the Terms and Conditions is only in Czech language. Shipping to foreign countries (except Slovakia) is conditional payment in advance via bank transfer.

Withdrawal from the contract by purchaser who is an entrepreneur


In case that the buyer is an entrepreneur, the provisions of § 1764 of Act No. 89/2012 Coll. of the Civil Code are applied. The seller states that the buyer may be offered an agreement to terminate the purchase contract depending on the condition of the returned goods, loss of warranty and the current price of the returned goods. The condition of the goods is assessed by the seller. In case no conditions are acceptable to both parties, they may agree that the goods will be returned at buyer's expense, who is an entrepreneur. The seller is entitled to charge any additional costs ocurring.

When issuing a credit note the buyer may be required to identity himself based on an ID card or passport in order to protect the property rights of the purchaser. By proving his identity the buyer agrees to the processing of personal data pursuant to paragraph II. (personal data within the meaning of § 4) of Act 101/2000 Coll. on the protection of personal data).

VII. Payment Terms


The Seller accepts the following payment terms:

a) payment in advance by bank transfer,
b) cash on delivery (carrier takes cash from the customer - see "Transport Options").

Goods remain property of the seller until full payment and receipt, but the risk of damage to the goods passes to the buyer's with the receipt of goods.

Standard selling currency is Czech Koruna (CZK). If you choose the customer price in Euro (EUR) the exchange rate set is recalculated due to a clear and transparent determination of the price of sold goods and avoids exchange rate changes in the period between the order and its shipping.

Orders with customized goods must be paid in advance by bank transfer.

VIII. Terms of delivery


Sending with delivery service


Goods are shipped to the buyer with delivery service - Czech Post, or using the services of the project Uloženka.cz, including through Slovak Post and DPD. The price of transport is governed by the price list current at the date of the order.

Transport rates can be found on the website FanObchod.cz.

A buyer who is an entrepreneur is required to (and this procedure is recommended to a purchaser, who is a consumer) check immediately upon delivery along with the carrier the shipment status (number of parcels, packages, untouched packages, damaged boxes, etc.). A buyer is entitled to refuse to accept a shipment, that is not in conformity with the contract, providing that the consignment is incomplete or damaged. If a damaged shipment is taken over by the buyer, it is necessary to describe the damage in the transfer protocol of the carrier.

Incomplete or damaged shipment must be reported immediately via e-mail to: poskozene.zasilky@fanobchod.cz, a damage report written with the carrier and send this without undue delay via e-mail, or by mail to the seller. Retrospective complaints due to incompletenes or external damage of a shipment do still entitle the buyer for complaints.

IX. Warranty conditions


Warranty terms for goods are governed by the Complaints procedure and the valid and effective legislation of the Czech Republic. A proof of purchase is typically used as a warranty card (see Complaints Procedure). Goods which are modified on the buyer's order/request (name and/or number added or otherwise modified) can not be returned.

X. Privacy Policy

By registering in the online store and/or purchase, the customer agrees to process the personal data needed to handle his/her order - for further details on how your personal information are handled, click HERE.

XI. Final clause


These Terms and Conditions are valid and effective from 25th May 2018, and repeal the previous version of T&Cs. The Seller reserves his right to change the T&Cs without prior notice.
NEWS
25. 6. 2022

Added new soccer items.

20. 6. 2022

Added new soccer items.

22. 5. 2022

Added new soccer items.

4. 5. 2022

Added new NFL collection 2022 NFL Draft First Round Pick Player Game Jersey.

30. 4. 2022

Added new NBA collection Year of the Tiger Pullover Hoodie.

28. 4. 2022

Added new MLB collection Cooperstown Collection Rewind Arch T-Shirt.

27. 4. 2022

Added new MLB collection 2022 Mother's Day On-Field 59FIFTY Fitted Hat.

24. 4. 2022

Added new NBA items.

18. 4. 2022

Added new MLB logo by the team Cleveland Guardians.

17. 4. 2022

Added new MLB collection 2022 Batting Practice 59FIFTY Fitted Hat.

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