TERMS AND CONDITIONS FOR PURCHASE AGREEMENTS AND ENSUING RELATIONS
of Topforsport s.r.o., Bešůvka 810/19, Brno – Žebětín, 641 00, company identification No.: 29213291, tax ID No.: CZ29213291, company incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 66187.
Issued under Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code.->
Topforsport s.r.o., Bešůvka 810/19, Brno – Žebětín, 641 00, company identification No.: 29213291, tax ID No.: CZ29213291. Incorporation: Regional Court in Brno, Section C, Insert 66187, date of incorporation: 16/4/2010. The company is a VAT payer.
Online store: Top4Fitness.ie E-mail: firstname.lastname@example.org
Bank details: 4200413537/6800 (sBerbank CZ, a.s.), IBAN: CZ0568000000004200413537, BIC (SWIFT): VB0ECZ2X, or for payments in the SR in €: 4014083300/7500 (ČSOB), IBAN: SK9475000000004014083300, SWIFT: CEKOSKBX
Places of business: Hours of operation and addresses of the places of business are specified on the website in the section "Contacts". Addresses of service places: We shall provide addresses of individual manufacturers' service places upon request.
1. General provisions
These Terms and Conditions, under Section 1751 par. 1 Act No. 89/2012 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), regulate mutual rights and obligations of the parties originated under the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through an online store of the Seller.
Seller is the commercial company Topforsport s.r.o., Bešůvka 810/19, Brno – Žebětín, 641 00, company identification No.: 29213291, tax ID No.: CZ29213291. Incorporation: Regional Court in Brno, Section C, Insert 66187, date of incorporation: 16/4/2010 (hereinafter referred to as the “Seller”).
The online stores are operated by the Seller on the websites: Top4Fitness.ie (hereinafter referred to as the "Website") through the web interface of the store (hereinafter referred to as the "Interface").
These Terms and Conditions form an inseparable part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in English The Purchase Agreement shall be concluded in Czech.
By accepting the goods from the Seller or from the carrier, the Buyer agrees with the below Terms and Conditions and the Complaints Policy. The Terms and Conditions and the Complaints Policy may be downloaded in a printable form and are available for inspection in the business places of Topforsport s.r.o.
2. Terms and Conditions for the Czech Republic and end users
Methods of delivery
Shipping service: The shipping method and its terms are specified in the section "Shipping". Shipping is arranged by the supplier in the territory of the Czech Republic. Shipping costs may vary according to the shipping method. The specific delivery method is selected by the customer; the current price list is in the section "Cart" or may be requested in the printed form in a business place of the supplier.
Personal collection: The ordered goods may be collected in our business place free of charge.
Cash on delivery: The customer pays the entire amount for the ordered goods to the driver. The payment may be made in cash or by payment card.
Bank transfer – advance invoice: If you choose bank transfer, you shall obtain an advance invoice and the variable symbol, which shall identify your payment. Please transfer the amount to our account No. 4200413537/6800 (sBerbank CZ, a.s.), IBAN: CZ0568000000004200413537, BIC (SWIFT): VB0ECZ2X or pay by the postal order.
In cash in the place of business: We accept cash payments if the goods are collected in person.
By card online: This is the easiest method. You can safely and quickly pay by any of standard payment cards through the GOPAY portal. We accept the following payment cards: MasterCard, EuroCard, Maestro, VISA and Visa Electron.
The transportation prices and terms depend on the selected delivery method.
The goods in stock shall be sent to you within 24 hours of the telephone confirmation of the order through cash on delivery, to any place in the CR. The goods which are out of stock are usually dispatched within 5–10 days or according to availability from the supplier.
In the event of longer delivery period, the customer shall be informed thereof.
3. Other provisions
Personal data protection
The Buyer gives the Seller his consent to the collection and processing of personal data for the purpose of performance of the subject of the concluded Purchase Agreement and for marketing purposes of the Seller (esp. for sending commercial communication). The consent may be withdrawn by sending a disapproval made in writing to the address of Topforsport s.r.o., Bešůvka 19, Brno – Žebětín, 641 00. Personal data are processed in compliance with applicable laws of the Czech Republic, in particular with Act No. 101/2000Coll. on the Protection of Personal Data.
After the customer makes (sends) the order, he shall receive an automatic reply via electronic mail, containing the information on successful receipt, method of further communication and precise specification of the ordered goods including the price. The order is considered confirmed only upon telephone or e-mail confirmation of the order by a Topforsport s.r.o. employee.
The Buyer agrees with the use of remote communication means in connection with the conclusion of the Purchase Agreement. Costs arisen to the Buyer and related to the use of remote communication means in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone fees) shall be borne by the Buyer.
Any and all presentations of goods on the Interface are for information purposes only, and the Seller is not obliged to conclude the Purchase Agreement for such goods. The provision of Section 1732 par. 2 Civil Code shall not apply.
The Interface provides information about goods including the prices of individual articles. The prices of goods are quoted inclusive the VAT and all related fees.
The Interface also provides information concerning the costs of packaging and delivery of goods. The information concerning the costs of packaging and delivery of goods specified on the Interface apply only in case the goods are delivered within the territory of the Czech Republic.
To order goods, the Buyer fills in the order form on the Interface. The order form contains in particular the information concerning: the ordered goods (the Buyer adds the goods to the electronic cart on the Interface), the method of payment of the purchase price, the requested delivery method and information about costs related to the delivery (hereinafter referred to as the "Order").
Prior to the dispatch of the Order, the Buyer is able to check and change the information entered in the Order so that he may correct any mistakes occurred during filling in the Order form. The prices of goods are valid at the moment when the Order is made, except for cancellation made by the Seller under the provisions of the Cancellation Rules (see Cancellation Rules).
The Buyer may also place the Order by e-mail, phone, in person or in another suitable manner under the terms specified on the Interface.
Selection of footwear model
Before you choose a model, please consider the properties demanded from the selected model, the purpose and conditions of use (e.g. kind of sport, type of surface etc.). Each type of footwear is produced for a certain type of use and its properties are adapted to such use.
By making the right choice of the outer sole, you will ensure a longer useful life. Abbreviations denoting the footwear models:
SG (Soft Ground) = soft and very soft natural surface
FG (Firm Ground) = dry natural surface
HG (Hard Ground) = very hard dry surface and cinder fields
AG (Artificial Ground) = developed with special properties for artificial surfaces. An optimal sole for modern artificial turf
TF (Turf) = hard field, artificial grass; the shoes are designed to withstand lateral pressure caused by playing on artificial grass
IN (Indoor) = indoor activities on smooth varnished surfaces (parquets finished with varnish)
HG J. (Hard Ground junior) = all natural surfaces and hard surfaces (for children's shoes)
Correct size and shape of footwear
When choosing sports footwear, make sure that the selected size precisely corresponds to the needs of your feet. Carefully choose the type of shoes according to the shape and width of your foot, the height of the arch, instep height and shape of the heel bone. It is highly recommended to try on sports footwear very carefully. The foot must be firmly fixed to prevent movement of the foot inside the shoe and subsequent damage to the insole lining in the heel part. Unfortunately, an incorrectly chosen model, type or size of footwear cannot be a reason for later complaints!
Validity of prices
The prices of goods are updated daily, the price of each article can be verified and they are valid as of the moment of placing the Order. The Buyer shall pay to the Seller the costs of packaging and delivering the goods in the stipulated amount, together with the purchase price. Unless expressly mentioned otherwise, the purchase price is considered to involve also the costs related to the goods delivery.
If settled in cash or by cash on delivery, the purchase price is payable on the acceptance of the goods. If settled by money transfer, the purchase price is payable within 7 days of the date of the Purchase Agreement.
If the purchase price for the goods is settled by bank transfer, the Buyer shall state the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to settle the purchase price shall be fulfilled by the moment of crediting the Seller’s account with the relevant amount.
Certain types of goods, which are to order only, may require a non-refundable advance deposit toward the purchase, in the standard amount of 100 % of the purchase price. You will be informed by the company staff about the details upon placing the Order.
Tax document and warranty card
The tax document is always part of the consignment or of personal sale. The warranty card is issued dependent on the terms of the official importer. In case the consignment contains only the tax document, this document serves also as the warranty card.
4. Warranty Terms and Complaints Policy for the end users
All issues not regulated herein shall be governed by the Civil Code and Act on Consumer Protection, as amended.
In case the goods are purchased within the framework of business, the complaints shall be governed by the applicable provisions of the Civil Code, as amended.
Acceptance of consignment
In case the transportation method is agreed pursuant to a special request of the Buyer, the Buyer shall bear the risk and potential additional costs related to such method of transportation.
In case the Seller is obliged to deliver goods under the Purchase Agreement to the place determined by the Buyer in the Order, the Buyer shall be obliged to accept the goods on delivery. In case the goods have to be delivered repeatedly or in another method than specified in the Order for reasons on part of the Buyer, the Buyer shall settle the costs related to the repeated delivery of the goods and costs related to a different delivery method.
The Buyer should not accept a damaged consignment from the driver and should contact our complaint department. In case the damaged consignment is taken over, the complaint shall be settled in cooperation with the carrier.
Upon acceptance of the goods, the Buyer should check the goods without undue delay and promptly report potential defects in writing to the e-mail address: email@example.com (the fastest way) or by mail to the address of the place of business.
The method of the defect description and other necessary information are specified in the Article "Settlement of complaints".
First use of goods
The Buyer is recommended to carefully read the instructions for use and properly get acquainted with the function of the goods before the first use. If the goods are used contrary to the instructions for use, the consequent defect shall not be acknowledged as a warranty defect. The instructions for use are part of the Terms and Conditions and their comprehensive version is contained in Annex No. 1, chapters Binding instructions for the use of and care for footwear and Special instructions for care for upper material. If you wish to obtain the instructions in the printed form, please mention this in the note to the Order.
Proper maintenance of footwear prolonging its useful life
- Sports footwear must not be laundered in the washing machine! Leather and artificial materials may be damaged and their mutual adhesion, structure and properties changed by laundering in the washing machine.
- Models with upper material of artificial leather can be cleaned with a soft brush (old toothbrushes are perfect) even without water, i.e. dry cleaning.
- Shoes are easy to clean. Proceed as follows: use warm water, brush, soap (do not use washing powder or fabric conditioner); carefully remove dirt.
- Sports footwear must never be dried by placing on a heater or using high temperature (e.g. hairdryer), must not be placed close to a heater, dried in the sun etc. The surface must dry slowly – from the inside, otherwise it may crack and harden. Leather, synthetic leather, technical textile and glue may become damaged by exposure to heat! The useful life of the footwear shall decrease, too.
- Quality drying prevents the growth of bacteria and fungi, which cause unpleasant smell and fungal diseases.
- Sweat contains acids that may damage the footwear over the time; therefore quality socks are recommended.
- In order to prevent odor, sprinkle the inside of the shoes with baking soda or use a professional foot care agent.
- Footwear drying: stuff the wet shoes with newspaper and dry at room temperature.
- In order to minimize changes in the shape of the footwear, use lasts.
- Do not assemble shoes until all their parts are dry (including shoe laces).
- Use the footwear only for the type of sport for which it is intended.
- Wear the shoes tightly laced to prevent movement of the foot inside the shoe and subsequent damage to the insole lining in the heel part. Tie the laces up to the last hole to avoid damaging the fabric or metal straps.
- Always wear the shoes perfectly dry; repeated use of wet or damp footwear significantly decreases its useful life!
- The footwear must be completely dried after using it in a wet environment. Do not place damp footwear into plastic bags.
When putting the shoes on and off, untie the laces. Use a shoehorn when putting the shoes on. Stepping on the heel tab and deforming it shall decrease the useful life of the shoe and limit its ability to protect your heel and ankle.
SPECIAL INSTRUCTIONS FOR CARE FOR UPPER MATERIAL
LEATHER: For best results, you should clean leather shoes, treat them with cream and polish and provide impregnation prior to the first use. Use a leather cleaner or a small amount of quality soap to clean leather shoes. Apply a quality shoe care agent after drying. Always follow the manufacturer's instructions. Apply shoe polish of a neutral color or a slightly lighter color than is the color of the shoes. Never apply polish to wet shoes! Finally apply an impregnating spray, especially when the footwear is to be exposed to extreme wetness, mud or grease.
SUEDE AND NUBUCK: Footwear made of suede and nubuck is particularly prone to soiling due to its fibers. Before the first use, apply a quality silicone-based impregnating spray for suede/leather and repeat the treatment at any time when the water stops to condense into droplets on the surface of the shoe. Clean the footwear regularly by a solvent-based cleaning agent. Do not wear suede and nubuck in extremely rainy weather and damp environment.
MESH: Mesh footwear will be more resistant to soiling if it is treated with a silicone impregnating spray before the first use.
Rights from liability for defects, conditions of assertion of such rights
The rights and obligations of the parties concerning defective fulfillment are governed by generally binding legal regulations (in particular provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code). The Seller is liable to the Buyer for the goods being free of defects on their takeover. The Seller in particular guarantees to the Buyer that at the time of acceptance of the goods by the Buyer:
the goods have the properties stipulated between the parties; if such stipulation is missing, the goods have the properties described by the Seller or the manufacturer or those expected by the Buyer with regard to the nature of the goods and on the basis of advertising of the Seller or the manufacturer;
the goods are fit for the purpose declared by the Seller or the purpose for which such goods are typically used;
the quality and design of the goods conform to the stipulated sample or template, in case the quality or design was determined according to a stipulated sample or template;
the quantity, size or weight of the goods are as demanded;
the goods comply with requirements of legal regulations.
The provisions of the above paragraph shall not apply to a defect of goods sold at a lower price due to such defect, to ordinary wear and tear caused by standard use, in the case of used goods to a defect corresponding to the degree of wear or tear at the time of acceptance by the Buyer, or if it follows from the nature of the goods.
The right from defective fulfillment shall not apply to defects originated as a result of use in conflict with the instructions for use, defects originated by mechanical damage or natural disaster (water, sand, fire etc.).
The Seller shall not be liable for damage caused by a function or failure of the product.
The moment of assertion of a complaint is the moment when the Seller receives the claimed goods from the Buyer.
The Buyer is entitled to assert the right from liability for defects of consumer goods within 24 months of the acceptance of the goods; this period may be extended by a statement in the warranty card. If the warranty period is extended, the Seller shall determine terms and scope of the extended warranty in the warranty card. In the event that a warranty card is non-existent, the tax document (invoice) shall serve the same purpose. The date of sale is specified in the sales receipt or as the case may be, in the warranty card.
Settlement of complaints
The Buyer is advised to proceed as follows in the event of a complaint regarding goods purchased from Topforsport s.r.o.:
- We recommend sending an e-mail message with the name of the product and detailed description of the reason for complaint to firstname.lastname@example.org. We shall inform the customer of the steps to follow.
- The claimed goods may be delivered in person to the place of business of Topforsport s.r.o.
- The claimed goods may be sent by mail to the address of Topforsport s.r.o.
- Please deliver all components that may relate to the claimed defect together with the goods, provide an exact description of the defect or, as the case may be, evidence of the defect that occurs on an irregular basis, contact information (phone No., e-mail address), specification of rights that you wish to assert in connection with the complaint, sales receipt (copy) and warranty card.
- The consignment with the claimed goods should be delivered in a proper safe package as an insured parcel (not through cash on delivery).
The above recommendations shall not affect the options and rights of the consumer under the Civil Code and Act on Consumer Protection, as amended, and their purpose is to enable the complaint settlement as soon as possible.
The Seller shall issue a written confirmation (complaint record) stating the date of asserting the right from liability for defects, the confirmation of a repair and its duration, and, as the case may be, the method of the complaint settlement.
Complaints shall be settled and defects remedied without undue delay and no later than within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the vain lapse of such period, the Buyer is entitled to claim an adequate discount from the purchase price or to withdraw from the Purchase Agreement.
Rejection of complaints
A change of goods originated as a result of ordinary wear and tear, incorrect use or unauthorized intervention shall not be deemed a defect. Incorrect use is in particular considered the use of a footwear model designed for certain surfaces in conflict with the specified use.
- the use of futsal shoes for floorball is a reason for rejecting the complaint; floorball shoes are better protected on the outer instep and especially on the forefoot, which prevents wearing through.
- if indoor shoes are used on hard surfaces such as concrete, asphalt or concrete surfaces painted with nanolayers of special rubber, then this contradicts their purpose. Such surfaces are completely unsuitable for indoor shoes!
- The use of shoes labeled as SG, FG, HG, or IN (see Selection of footwear model) on artificial grass is also a reason for rejecting the complaint. For artificial turf, use models labeled AG.
- Footwear damaged as a result of physical anomalies (Haglund’s deformity, defective footstrike etc.) cannot be the subject of a complaint.
- If the defect is not claimed after the first occurrence or if the defective product is continued to be used, the complaint shall be rejected.
- Mechanical damage consisting in scraping of upper material e.g. as a result of rubbing one shoe against the other or of stepping on the shoe by another player during a game cannot be recognized as a justified claim.
- A special trait of soccer shoes made of genuine leather: small cracks may appear between the outer sole and
- the upper material. This is a standard wear that does not prevent the shoe from normal use.
- If footwear of synthetic material is dried in an incorrect way (see Proper maintenance of footwear) the sole may peel off.
- Upper material can last twice as long as midsoles; after the midsole padding wears out, the shoes should be replaced. If the footwear is used for demanding and frequent sports activities, especially running, such situation may occur every 3 to 4 months.
Thus, complaints may be asserted only with respect to defects caused by a fault of the material or by an incorrect manufacturing technology.
Costs of complaints
In the case of an unjustified and therefore rejected complaint, the Buyer agrees to pay to the Seller the Seller's reasonably expended costs associated with the complaints procedure beyond the normal method of settlement (in particular the costs of its own expert opinion, the cost of legal representation, etc.). The Buyer's rights to be settled the costs related to a successful complaints procedure shall be governed by the applicable provisions of the Civil Code.
5. Cancellation Rules
Cancellation of an Order by the Buyer
The Buyer may cancel the Order by phone () or by e-mail email@example.com up to the point where our staff arranges transportation with the Buyer. Please mention the Order number in the written cancellation. The Order number is stated in the automatic reply, which you will receive to your contact e-mail address after you successfully place the Order.
Cancellation of an Order by the Seller
The Seller reserves the right to cancel the Order or its part in the following cases:
The goods are no longer manufactured or delivered, or the supplier has significantly changed the price, and also in the event of an apparent error in the price of the goods (i.e. the price obviously differs from the price usual for this type of product). An apparent error in the price of the goods is e.g. a price lower by 70 % than the price usual for this type of product. If such situation occurs, the Seller shall promptly inform the Buyer in order to agree on further action.
The Seller has the right not to confirm the Order or to withdraw from the Order (see Withdrawal from the Purchase Agreement concluded via means of remote communication.
6. Withdrawal from the Purchase Agreement concluded via means of remote communication
In accordance with applicable laws, the Buyer is entitled to withdraw from the Purchase Agreement without giving a reason within 14 days of the date of the goods acceptance. He must send the notice of withdrawal to the Seller within that period. The Buyer shall then return the goods to the Seller without undue delay, however, he must send them no later than within 14 days of the withdrawal from the Purchase Agreement.
The Seller shall return the money to the Buyer within 14 days of the Buyer's withdrawal from the Purchase Agreement, however, at the earliest upon the receipt of the returned goods by the Seller or if the Buyer proves that the returned goods were sent to the Seller.
Besides the refund of the purchase price, the Buyer is entitled to the refund of costs related to the transport of the goods, however, at the maximum price of the cheapest transportation offered by the Seller. The costs associated with the return of the goods shall be borne by the Buyer.
For the withdrawal from the Purchase Agreement, the Buyer may use the template provided by the Seller, which forms an annex to the Terms and Conditions. We recommend withdrawing in such manner that the Buyer sends the notice to the e-mail address of the Seller firstname.lastname@example.org or to the mailing address of the Seller's place of business
Topforsport s.r.o., Ječná 15, 120 00 Praha 2
company identification No.: 29213291, tax ID No.: CZ29213291
Buyers are requested to state the Order No., variable symbol and the date of purchase in the notice of withdrawal and submit the sales receipt.
The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, he may not, inter alia, withdraw from the Purchase Agreement for the supply of goods that have been adapted according to the wishes of the Buyer or for his person, from the Purchase Agreement for the supply of goods subject to rapid deterioration, as well as goods that were irrevocably mixed with other goods after delivery, from the Purchase Agreement for the supply of sealed goods which were taken out by the consumer and they cannot be returned for hygienic reasons, and from the Purchase Agreement for the supply of audio or video recordings or computer programs if the original packaging was disrupted.
Withdrawal from the Purchase Agreement may be refused if the goods were purchased by an entrepreneur or a legal person. In such case, the relevant provisions of the Civil Code shall apply.
The Buyer acknowledges that if the returned goods are damaged, used or even partially consumed, the right to the compensation for incurred damage shall arise to the Seller towards the Buyer. The buyer acknowledges that the amount of compensation will be determined by the seller with regard to the condition of the returned goods, and if the goods are evaluated by the seller to be unsaleable, the amount of compensation is equal to the purchase price. The claim for damages may be unilaterally set off by the Seller against Buyer’s claim to the refund of the purchase price.
In case a gift is provided to the Buyer together with the goods and the Buyer withdraws from the Purchase Agreement, the Buyer shall return the gift together with the goods to the Seller.
If a value discount code was used when placing the order, the price of the coupon will be subtracted from the refundable amount in case of partial return. In case of the full order is returned, the final paid amount will be refunded.
7. Final provisions
Invalidity of a provision hereof or of any contractual arrangement between the parties shall not affect the validity and effectiveness of the remaining provisions.
A template of the notice of withdrawal from the Purchase Agreement forms an annex hereto.
These Terms and Conditions shall not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person who orders goods within his business or within his independent profession.
These Terms and Conditions including the Complaints Policy shall become valid on 11 March 2015. Changes to the Complaints Policy and the Terms and Conditions are reserved.