Terms and Conditions

MgA. Eliška Monsportová
Janáčkova 935
Příbor 74258
Id. No.: 05933196

for the sale of goods to end users via an online shop located at https: https://elismonsport.com/

INTRODUCTORY PROVISIONS

These Terms and Conditions (” Terms and Conditions“) of MgA. Eliška Monsportová., with its registered office Janáčkova 935, Příbor 74258 , Id. No. 05933196 (“Seller“) regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (“Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement, an agreement for work (“Purchase Agreement,” “Agreement for Work” or ” Agreement“) concluded between the Seller and another person (hereinafter referred to as the ” Buyer“) through the Seller’s online store. The online store is operated by the Seller on a website located at https://elismonsport.com/ (“Website“) through the Website interface. The Terms and Conditions further regulate the rights and obligations of the parties regarding the use of the Seller’s Website and other related legal relationships.
Provisions different from the Terms and Conditions may be agreed in the Agreement. Different provisions in the Agreement prevail over the provisions of the Terms and Conditions.
Provisions of the Terms and Conditions are an integral part of the Agreement. The Agreement and the Terms and Conditions are executed in the Czech language. The Agreement may also be concluded in English upon agreement of the Parties.
These Terms and Conditions apply similarly when placing an order via other means of remote communication (e.g. email) and, with certain variations, also when placing an order in person at the Seller’s store or outside the Seller’s store premises (filling in an order-form or purchasing on the spot), in particular by describing the order, filling in a paper order form, unless otherwise specified.
By submitting an order, the Buyer confirms that he/she has read and expressly agrees to these Terms and Conditions, as in force and effect at the time of placing the order. Both parties are bound by these Terms and Conditions upon conclusion of the Agreement.
The Seller may change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the time of validity of the previous version of the Terms and Conditions.

CONCLUSION OF THE PURCHASE AGREEMENT

All presentations of goods placed in the web interface of the shop are informative and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply.
The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of VAT. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller’s ability to conclude an Agreement with individually agreed terms.
The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases when the goods are delivered within the Czech Republic. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs shall not differ from the basic rate.
To order goods, the Buyer “puts” the ordered goods into the electronic shopping cart and fills in the order form in the web interface of the store. The order form (“Order “) contains in particular information about:

the ordered goods,
the purchase price of the goods,
the method of payment of the purchase price of the goods,
the requested method of delivery of the ordered goods, and
information on the costs associated with the delivery of the goods.
The Seller shall communicate the same information to the Buyer prior to the conclusion of the Agreement through other means of remote communication or personal contact.

Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including the Buyer’s opportunity to detect and correct errors arising from entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “order” button. The data provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt by e-mail to the Buyer’s electronic address specified in the User Account or in the Order (” Buyer’s Electronic Address“).
By sending the Order, the Buyer declares that he/she is bindingly ordering the goods specified in the Order from the Seller, that he/she is familiar with the Terms and Conditions and that he/she agrees with them in the wording valid and effective at the time of sending the Order. Completion of all data and details prescribed in the form is a condition for the validity of the Order.
The Buyer acknowledges that the Seller is not obliged to enter into the Agreement if the information in the Order is incomplete or the Buyer is a person who has previously materially breached their obligations to the Seller. The Seller further reserves the right not to accept the Order in the event of an obvious typographical error relating to the price, description or image of the goods on the Website.
The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s Electronic Address. This does not apply to the ordering of goods described in the following paragraph.
If the goods are not shown in the Seller’s offer and are to be manufactured or specially modified by the Seller for the Buyer purely according to the Buyer’s individual requirements (” Goods Produced According to the Buyer’s Design“), the Seller shall confirm the acceptance of the Order by electronic mail sent to the Buyer’s Electronic Address and send the Buyer a processing proposal as well. The Agreement is concluded only after the mutually confirmed approval of the design of the goods and their purchase price, and any other terms of payment and the process of production of the goods.

PURCHASE PRICE OF THE GOODS AND PAYMENT TERMS

The purchase price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

by wire transfer to the Seller’s bank account No.: 2114136896/2700 (“ Seller’s Bank Account”);
by wire transfer via a payment system;
by wire transfer via a credit card.

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
The purchase price is payable within 2 days of the conclusion of the Purchase Agreement.
The Buyer is obliged to enter the variable symbol (invoice number) when making the payment. The date of payment is the date of receipt of the relevant amount to the Seller’s Bank Account.
Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
The Seller shall issue an advance invoice to the Buyer in respect of payments made under the Purchase Agreement (usually for the full purchase price of the goods, which does not exclude the possibility of issuing an advance invoice for only a part of the purchase price in an individual case) and send it in an electronic form to the Buyer’s Electronic Address. The Seller Eliška Monsportová is not a payer of value added tax. The final invoice will be issued by the Seller and sent to the Buyer’s Electronic Address after the goods have been shipped.
The risk of damage to the goods passes to the Buyer upon handing over the goods to the carrier or upon personal delivery by taking over the goods by the Buyer. Ownership passes to the Buyer only upon full payment of the purchase price.
In case of delay in payment of any monetary obligation, the Buyer is obliged to pay the Seller a contractual penalty of 0.1% of the amount due for each day of delay.

WITHDRAWAL FROM THE AGREEMENT

A consumer is the Buyer – a natural person who is not acting within the scope of their trade or other business activity when concluding and performing the Agreement.
If the Purchase Agreement was concluded with the Buyer – consumer by means of remote communication, i.e. not in person at the Seller’s premises, and does not concern goods produced individually to the seller or goods that have been modified at the request of the Buyer, the Buyer has the right to withdraw from the Agreement within 14 days of receipt of the goods, in accordance with Section 1829(1) of the Civil Code.
If it is possible to withdraw from the Agreement, the Buyer has the right to do so within 14 days of receipt of the goods. The specific procedure is as follows:

The Buyer shall send a withdrawal from the Agreement within the above mentioned time period, preferably in the form of an email to contact@elismonsport.com with the following text: “I have decided to withdraw from the Agreement dated DD.MM.YEAR, invoice number:………. and I request a refund of the purchase price to the bank account number:……….” Date and signature. The Seller shall confirm the receipt of the withdrawal to the Buyer without undue delay.
The Buyer shall deliver the goods to the Seller’s address within 14 days of sending the withdrawal to the Seller together with an attached copy of the withdrawal. Alternatively, the Buyer may bring the goods in person to the Seller’s studio listed on the Website.
The Buyer must return the goods complete, unused, with full documentation and accessories, undamaged, clean, and in their original packaging. The Buyer acknowledges that if the returned goods are damaged, worn out, etc., the Seller shall be entitled to compensation from the Buyer for any caused damage. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for a refund of the purchase price.

Upon receipt of the notice of withdrawal, the Agreement shall be terminated from the commencement. The goods must be returned to the Seller within 14 days of the withdrawal from the Agreement. If the Buyer withdraws from the Agreement, he/she shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by usual postal means due to their nature.
The Seller shall return the funds received from the Buyer within 14 days of the Buyer’s withdrawal from the Agreement in the same method as the Seller received them from the Buyer. However, the Seller shall not be obliged to return the funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been shipped to the Seller. The Seller shall also be entitled to return the funds provided by the Buyer upon the return of the goods by the Buyer or in any other manner, if the Buyer agrees with it and provided that no additional costs are incurred by the Buyer therewith.
The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer’s claim for reimbursement of the purchase price.

PRODUCTION AND DELIVERY OF GOODS, TRANSPORT

The ready made goods shall be ready to deliver upon payment of the price of the goods or, if agreed by the parties, by payment of a part of the price of the goods (“Deposit“). The delivery time is 7 days.
The made to order goods shall be put into production upon payment of the price of the goods or, if agreed by the parties, by payment of a part of the price of the goods (“Deposit“). The delivery time is individual. The Seller shall communicate an estimation to the Buyer.
In case of the Goods Produced According to made to order, the production is started upon approval of the design. If it is not possible to meet the delivery time, the Seller shall notify the Buyer via electronic mail..
In the case that the method of transport is agreed upon on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the delivery of the goods upon time of the delivery. If the Buyer does not accept the delivery of the goods even upon repeated delivery, the Seller is entitled to withdraw from the Agreement. The Buyer shall, in addition to any other claims of the Seller, compensate the Seller for any damage caused by the withdrawal.
In the case that for reasons on the Buyer´s side it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to immediately check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized access to the shipment, the Buyer may not accept the shipment from the carrier. If the Buyer accepts the goods, he/she is obliged to immediately describe the damage in the handover report and to report the incomplete or damaged shipment to the Seller. The additional claim of incompleteness or external damage to the delivery does not deprive the Buyer of the right to claim the item, but it gives the Seller the opportunity to prove that it was not in a conflict with the Purchase Agreement.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer accepted the delivery of the goods:

the goods have the characteristics agreed between the parties and, in the absence of such agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by the Seller regarding the goods
the goods are fit for the purpose stated by the Seller or which goods of that kind are usually used for,
the goods correspond in quality or execution to the agreed sample or model, if the quality or execution was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure or weight,
the goods comply with the requirements of legal regulations.

The Buyer acknowledges that the color of the goods may differ from the color representation on the Website due to the use of natural materials. Such difference shall not be considered a defect in the goods and shall not constitute grounds for any complaint.
Damage or destruction of the goods due to improper handling shall not constitute grounds for any complaint. Rules for the proper handling of the goods (“ Care”) are provided by the Seller upon delivery of the goods.
The provisions in Article 7 of the Terms and Conditions do not apply to goods sold at a lower price due to defect for which the lower price was agreed, to the wear and tear of the goods caused by their usual use.
If a defect appears within 6 months after the receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect within 24 months of receipt.
The Seller provides a lifetime quality guarantee for the goods. The guarantee does not cover damage caused by improper care or any possible changes in appearance due to the wearing out or age of the goods.
The Buyer may send the defective goods for complaint by transport service or deliver them personally to the Seller’s address or to the Seller’s premises. The moment of claim is considered to be the moment when the Seller received the claimed goods from the Buyer. In the case of a legitimate claim, the Buyer is entitled to reimbursement of costs for the transport in the necessary amount.
Claimed goods should be thoroughly secured, visibly marked “CLAIM” and contain: the claimed goods (including complete accessories, parts, gift, etc.), a detailed description of the defect and sufficient contact details of the Buyer (especially return address and telephone number) and, if applicable, a copy of the purchase receipt, the choice of the method of complaint settlement (see below). Without the above, it is impossible to identify the origin and the defect of the goods.
In the case that the item is not in conformity with the Purchase Agreement upon acceptance by the Buyer (” Conflict with the Purchase Agreement”), the Buyer has the right to demand delivery of a new item without defects, unless this is unreasonable due to the nature of the defect. Due to the nature of the goods and the handmade nature of the goods, it is not possible to produce new goods completely identical to the original goods. If the defect relates only to a part of the goods, the Buyer may only require that part to be replaced; if this is not possible, the Buyer may withdraw from the Agreement. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer is entitled to have the defect remedied free of charge.
If the Buyer does not withdraw from the Agreement or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair of the goods, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer considerable difficulty to remedy the defect.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The Buyer acknowledges that the goods produced/modified by the Seller, including their photographs, as well as advertising materials, photographs, images, other indication of goods and the content in the E-shop are protected under the Copyright Act, the Trademark Act and the relevant provisions of the Civil Code on unfair competition, as amended. The Buyer is not entitled to make or have made copies of the goods or resell them, as well as to distribute or copy advertising materials, photographs, images etc., in any way without the prior written consent of the Seller. The Seller is entitled to withdraw the consent at any time.
The Seller, as the author of the goods, is entitled to produce the same or similar goods for another Buyer or a third party without the Buyer’s consent.
By concluding the Purchase Agreement, the Buyer does not acquire any rights to industrial or intellectual property (especially trademarks, trade name, company logo) of the Seller or other persons whose products are included in the Seller’s commercial offer. The right to protection against unfair competition remains unaffected.
The Buyer agrees to the publication of photographs of the purchased goods on the Seller’s Website, the Internet, promotional materials, etc., unless otherwise expressly stated.
The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable them or third parties to interfere with or make unauthorized use of the software or other components of the web interface of the shop.
The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop. The web interface of the shop may only be used to the extent that it is not harmful to the rights of other customers of the Seller and is consistent with its purpose.
The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.
The Seller and the Buyer shall keep confidential all data and information (“Confidential Information“) which they become aware of in connection with the conclusion of the Purchase Agreement and which will be disclosed by that, such information is not usually available to the public. This obligation shall remain in force even after the termination of the Purchase Agreement. The Seller and the Buyer mutually undertake not to disclose to third parties any information made available to them in connection with the performance of the Purchase Agreement and that is not publicly known. The Seller and the Buyer undertake to keep trade secrets pursuant to Sections 504 and 2985 of the Civil Code in the event that they have been notified that specific information is subject to trade secrets.

PROTECTION OF PERSONAL DATA

In order to provide services to the Buyer, the Seller must process certain personal data. For details, see our Privacy Policy.

MEANS OF DELIVERY

Communication with the Buyer may be done through the Buyer’s Electronic Address, unless otherwise specified.
Contact details of the Seller are as follows:
(a) email address: contact@elismonsport.com
(b) delivery address: Přívozní 1, Praha 7, 170 00
The primary method of communication between the Seller and Buyer is e-mail (exclusively via the above e-mail address). If the Buyer communicates with the Seller via the postal services (and only via the above delivery address), the Buyer bears the cost of such communication, and the Seller reserves the right to respond via email if an e-mail address is provided by the Buyer.

FINAL PROVISIONS

All contractual relations are concluded in accordance with the laws of the Czech Republic, in particular with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection.
Pursuant to the provisions of Section 1820(1)(j) of the Civil Code and Section 14(1) and Section 20d et seq. of Act No. 634/1992, on Consumer Protection, the Seller informs that the consumer may apply to the Czech Trade Inspection Authority for out-of-court settlement of consumer disputes. The form and further information are available on the website of the Czech Trade Inspection Authority https://adr.coi.cz. For the avoidance of doubt, nothing in these Terms and Conditions excludes the possibility for the consumer to bring his claim before a civil court.
If the relationship based on the Purchase Agreement or related to the use of the Website contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation, including EU law.
If any provision of the Terms and Conditions is or becomes invalid or unenforceable, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions.
The Terms and Conditions become effective on the date of their publication in the E-shop.

Publishing date: 20th December 2021

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