Terms and Conditions :: Warrior Factory

Terms and Conditions

I. Basic provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

  • Daniel Gresl
  • Company ID: 04906870
  • Registered office: Korunní 2569/108, 101 00 Prague 10 - Vinohrady, Czech Republic
  • Contact details:
  • We are VAT payers (CZ9507084488)
  • Email: info@warriorfactory.cz
  • Website: warriorfactory.cz

(hereinafter referred to as the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “Buyer”), via the web interface located on the website available at the internet address www.warriorfactory.cz (hereinafter referred to as the “online store”).

3. The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

 

II. Information on goods and prices

1. Information about the goods, including the prices of individual items and their main features, is provided for each item in the online store catalog. The prices of goods are stated including value added tax, all related fees, and the costs of returning the goods if, by their nature, such goods cannot be returned by ordinary postal service. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude concluding a purchase contract under individually agreed conditions.

2. All presentations of goods placed in the online store catalog are of an informative nature and the Seller is not obliged to conclude a purchase contract regarding such goods.

3. The online store publishes information on costs associated with packaging and delivery of the goods. Information on the costs associated with packaging and delivery stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless the Seller and the Buyer agree otherwise.

 

III. Order and conclusion of the purchase contract

1. Costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer places an order for goods in the following ways:

  • via their customer account, if they have previously registered in the online store,
  • by completing the order form without registration.  

3. When placing an order, the Buyer selects the goods, the quantity of goods, the payment method, and the delivery method.

4. Before submitting the order, the Buyer is allowed to check and change the data they entered in the order. The Buyer submits the order to the Seller by clicking the “Complete order” button. The data stated in the order are considered correct by the Seller. A condition for the validity of the order is completion of all mandatory fields in the order form and the Buyer’s confirmation that they have become familiar with these Terms and Conditions.

5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the cancellation email address that the Buyer provided when placing the order. This confirmation is automatic and is not considered the conclusion of a contract. The confirmation includes the Seller’s current Terms and Conditions as an attachment. The purchase contract is concluded only upon acceptance of the order by the Seller. The notice of acceptance of the order is delivered to the Buyer’s email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is considered the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions as an attachment. The purchase contract is concluded upon the Seller’s confirmation of the order to the Buyer’s email address.

6. If the Seller cannot meet any of the requirements stated in the order, the Seller will send the Buyer an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for a purchase contract, and in such case the purchase contract is concluded by the Buyer confirming acceptance of this offer to the Seller’s email address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives the Seller’s notice of acceptance of the order. The Buyer may cancel the order by phone at the phone number or by email of the Seller stated in these Terms and Conditions.

8. If an obvious technical error occurred on the Seller’s side when stating the price of goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price even if the Buyer has been sent an automatic confirmation of receipt of the order pursuant to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for a purchase contract, and in such case the purchase contract is concluded by the Buyer confirming acceptance to the Seller’s email address.

 

IV. Customer account

1. Based on the Buyer’s registration in the online store, the Buyer may access their customer account. From their customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.

2. When registering a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data stated in the user account whenever they change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their customer account. The Seller bears no responsibility for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, in particular if the Buyer does not use their user account for a long time, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

 

V. Payment terms and delivery of goods

1. The Buyer may pay the purchase price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:

  • cashless by bank transfer to the Seller’s bank account No. 2001871181/2010, held with Fio banka a.s.,
  • cashless by payment card,
  • cashless by transfer to the Seller’s account via the GoPay payment gateway,
  • cash on delivery upon receipt of the goods,
  • in cash or by payment card upon personal collection at the Seller’s premises,
  • in cash or by payment card upon personal collection at a parcel pick-up point at a Zásilkovna branch

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with delivery of the goods.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of concluding the purchase contract.

4. In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.[S16] 

5. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.

7. Under the Act on Sales Registration, the Seller is obliged to issue the Buyer a receipt. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

8. The goods are delivered to the Buyer:

  • to the address specified by the Buyer in the order,
  • via a parcel pick-up point at the address of the pick-up point specified by the Buyer,
  • by personal collection at the Seller’s premises

9. 

The delivery method is chosen during the ordering process.

10. Delivery costs depending on the method of dispatch and receipt of the goods are stated in the Buyer’s order and in the Seller’s order confirmation. If the delivery method is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this delivery method.

11. If, under the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If, for reasons on the Buyer’s side, the goods must be delivered repeatedly or in a manner other than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier immediately. If damage to the packaging indicates unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier.

13. The Seller will issue the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address./The tax document is enclosed with the delivered goods.

14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not earlier than upon receipt of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to receive the goods but failed to do so in breach of the purchase contract.

15. The purchase price will be deemed paid only upon crediting the full final purchase price (for the goods and shipping) to the Seller’s current account, or by cash payment upon delivery of the goods. In the event of failure to comply with any payment deadline, the Buyer is obliged to pay the Seller a contractual penalty of 0.5% of the outstanding amount for each day of delay. Ownership of the goods passes from the Seller to the Buyer only after full payment of the purchase price.

 

VI. Withdrawal from the contract

1. A Buyer who concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery in several parts,
  • from the date of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods.

3. The Buyer may not, among other things, withdraw from the purchase contract in the following cases:

  • provision of services, if they were provided with the Buyer’s prior express consent before the withdrawal period expired and the Seller informed the Buyer before concluding the contract that in such case the Buyer has no right to withdraw from the contract,
  • delivery of goods or services the price of which depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the withdrawal period,
  • delivery of alcoholic beverages that may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the Seller’s will,
  • delivery of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person,
  • delivery of goods subject to rapid deterioration, as well as goods that were irreversibly mixed with other goods after delivery,
  • delivery of goods in sealed packaging that the Buyer has removed from the packaging and cannot be returned for hygienic reasons,
  • delivery of an audio or video recording or a computer program if the original packaging has been broken,
  • delivery of newspapers, periodicals, or magazines,
  • delivery of digital content not supplied on a tangible medium, if supplied with the Buyer’s prior express consent before the withdrawal period expired and the Seller informed the Buyer before concluding the contract that in such case the Buyer has no right to withdraw from the contract,
  • other cases listed in Section 1837 of the Civil Code.

4. To meet the withdrawal period, the Buyer must send the notice of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller’s email or delivery address stated in these Terms and Conditions. The Seller will confirm receipt of the form to the Buyer without undue delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal service due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without undue delay, no later than within 14 days of withdrawal, all funds received from the Buyer, including delivery costs, using the same payment method. The Seller shall return the funds using a different method only if the Buyer agrees and if no additional costs arise for the Buyer.

8. If the Buyer chose a delivery method other than the cheapest method offered by the Seller, the Seller will refund the delivery costs in the amount corresponding to the cheapest offered delivery method.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods were dispatched to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unused, and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of the goods, or if the manufacturer, importer, or supplier has discontinued production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address stated in the order and shall refund within 14 days of the notice of withdrawal all funds, including delivery costs, received under the contract, using the same payment method, or a method specified by the Buyer.

 

VII. Rights arising from defective performance

1. The Seller is liable to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is liable to the Buyer that at the time the Buyer accepted the goods:

  • the goods have the qualities agreed by the parties, and if no agreement exists, they have such qualities as described by the Seller or manufacturer or as the Buyer expected with regard to the nature of the goods and based on advertising carried out by them,
  • the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
  • the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  • the goods are in the appropriate quantity, measure, or weight and the goods comply with legal requirements.

2. The Seller’s obligations arising from defective performance are at least to the extent to which the manufacturer’s obligations arising from defective performance last. Otherwise, the Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of acceptance.

3. If the sold goods, their packaging, instructions attached to the goods, or advertising state a period during which the goods may be used, in accordance with other legal regulations, the provisions on warranty for quality apply. By the warranty for quality, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or will retain the usual properties. If the Buyer rightfully points out a defect to the Seller, the period for exercising rights from defective performance and the warranty period do not run for the time during which the Buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by usual use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had upon acceptance by the Buyer, or if it follows from the nature of the goods. The Buyer is not entitled to rights from defective performance if, before acceptance, the Buyer knew that the goods had a defect, or if the Buyer caused the defect themselves.

5. In the event of a defect, the Buyer may submit a claim to the Seller and request:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

  • if the goods have a material defect,
  • if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,
  • in the event of a greater number of defects in the goods.

7. A material breach is such a breach of the contract which the party breaching the contract knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.

8. In the case of a defect constituting a non-material breach of contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to removal of the defect or a reasonable discount on the purchase price.

9. If a removable defect occurs repeatedly after repair (usually the third claim for the same defect or the fourth claim for different defects) or if the goods have a greater number of defects (usually at least three defects at the same time), the Buyer has the right to request a discount on the purchase price, replacement of the goods, or withdrawal from the contract.

10. When making a claim, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller’s consent is possible only if the Buyer requested repair of a defect that turns out to be irremovable. If the Buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, upon withdrawal from the contract the Buyer may request a full refund of the purchase price.

12. If the Seller proves that the Buyer knew about the defect before acceptance or caused it themselves, the Seller is not obliged to satisfy the Buyer’s claim.

13. The Buyer cannot complain about discounted goods due to the reason for which the goods were discounted.

14. The Seller is obliged to accept a complaint at any establishment where acceptance of complaints is possible, or at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation stating when the Buyer exercised the right, what the content of the complaint is, and what method of complaint handling the Buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint.

15. The Seller or an authorized employee shall decide on the complaint immediately; in complex cases within three working days. This period does not include the time reasonably necessary for professional assessment of the defect depending on the type of product or service. The complaint, including removal of the defect, must be handled without undue delay, no later than within 30 days from the date the complaint is made, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of making the complaint is deemed to be the moment the Buyer’s expression of will (exercise of rights from defective performance) is delivered to the Seller.

16. The Seller will inform the Buyer in writing of the outcome of the complaint.

17. The Buyer is not entitled to rights from defective performance if, before acceptance of the item, the Buyer knew that the item had a defect, or if the Buyer caused the defect themselves.

18. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs incurred in connection with making the complaint. The Buyer may exercise this right with the Seller within one month after the warranty period expires; otherwise, the court may not grant it.

19. The Buyer chooses the method of complaint handling.

20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and by Act No. 634/1992 Coll., on Consumer Protection.

21. Other rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s complaint procedure.

 

VIII. Delivery of correspondence

1. The contracting parties may deliver any written correspondence to each other by email.

2. The Buyer sends correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller sends correspondence to the Buyer to the email address stated in the Buyer’s customer account or in the order.

 

IX. Personal data

1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written consent, we will not use your data for any purpose other than performance of the contract, except for the email address to which commercial communications may be sent, as permitted by law unless you refuse. These communications may concern only similar or related goods and can be unsubscribed at any time in a simple manner (by sending a letter, email, or clicking the link in the commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.

2. More detailed information on personal data protection can be found in the Personal Data Protection Policy HERE

 

X. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority is competent for out-of-court resolution of consumer disputes arising from the purchase contract, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The Seller is authorized to sell goods on the basis of a trade license. Trade licensing supervision is carried out by the competent trade licensing office within its scope. The Czech Trade Inspection Authority also performs, within a defined scope, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

XI. Final provisions

1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

2. The Seller is not bound, in relation to the Buyer, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller’s website, in particular copyright to the content, including the page layout, photos, videos, graphics, trademarks, the logo, and other content and elements, belong to the Seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the Seller’s consent.

4. The Seller is not liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer must not use procedures that could adversely affect its operation and must not perform any activity that could enable unauthorized interference with or unauthorized use of the software or other components forming the online store, and must not use the online store or its parts or software in a manner contrary to its purpose or intent.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms and Conditions.

8. An annex to these Terms and Conditions is the model withdrawal form.

 

These Terms and Conditions become effective on 1 November 2020.

 

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