By placing the order with Martin Křenek – Eleven Sportswear, with its place of business at Jablonec nad Nisou, Podhorská 74B, the Czech Republic (hereinafter referred to as "Seller"), the Buyer accepts the Commercial Terms & Conditions pertaining to the sale and delivery of the goods offered by the Seller at its website www.eleven-sportswear.com.
Unless agreed by and between the Seller and the Buyer otherwise in writing, the relationships of the Buyer and the Seller shall be governed by the Commercial Terms & Conditions set out herein. The Commercial Terms & Conditions do limit and specify the rights and duties of the Seller and the rights and duties of the Buyer (the customer), whereas the Commercial Terms & Conditions, in the wording effective as at the date of placing the order, compose the contents of the respective sales contract and shall be deemed to comprise an integral part thereof.
Only the items exclusively stated in the Buyer’s order (hereinafter referred to as the "Goods") shall be deemed to form the subject matter of the contract concluded between the Seller and the Buyer (hereinafter referred to as the "Contract").
The Seller, subject to the due payment of the entire purchase price (including VAT, packaging and transportation costs) by the Buyer, hereby incurs liabilities to deliver to the Buyer (i) the Goods with no defects pursuant to the specifications or pursuant to the characteristics of the given types of the goods, and (ii) the Goods conforming to the current standards, regulations and directives of the Czech Republic.
The condition for the validity of the electronic order is the properly filled in form including all mandatory data and particulars. The Seller’s offer presented at its website www.eleven-sportswear.com constitutes a proposal for the sales contract. Duly filled in and submitted Buyer’s order shall therefore represent conclusion of the Contract.
Although the conclusion of the Contract does not require formal confirmation of the Buyer’s order by the Seller, the software used by the Seller’s e-shop shall allow the Buyers to review and eventually to amend its order before its submission to the Seller and at the same time it provides the Buyer with a written confirmation that the order was duly placed with the Seller, i.e. that the Contract was duly concluded. The Contract, which can only be concluded in English is archived by the Seller for twelve (12) months and shall be accessible for the Buyer upon duly reasoned request in writing.
Any and all prices set out at the Seller’s website www.eleven-sportswear.com are to be understood EXW the Seller’s business seat (it being Jablonec nad Nisou, the Czech Republic) and unless expressly stipulated otherwise all prices include VAT.
The Seller is a registered payer of VAT in the Czech Republic (VAT reg. no. CZ7404042525).
The prices offered at the Seller’s website www.eleven-sportswear.com as at the time of placing of the order by the Buyer shall be deemed applicable for the Contract.
The Seller, however, reserves the right to adjust, from time to time, the prices in particular in the case of a significant change in the currency exchange rate, a significant increase of inflation, or significant increase in prices of raw materials, energy and work necessary for the manufacture of the goods. In such a case the adjusted prices shall always be effective as of the date of their due presentation at the Seller’s website.
The Buyer shall pay the purchase price for the Goods ordered in full before dispatch of such Goods by the Seller, whereas the purchase price shall be considered duly paid only after the full amount of the purchase price, including VAT, packaging and transportation costs, has been fully (i) credited to the Seller’s account (ii) paid in cash at the cash register of the Seller.
The Buyer shall pay the purchase price for the Goods pursuant to the Contract, i.e. including VAT, packaging and transportation costs.
Any and all costs, expenses and/or fees relating to the payment of the purchase price hereunder shall be borne solely by the Buyer.
The invoice issued by the Seller based on the Contract shall be deemed to represent the tax receipt.
The place of the Contract execution is the place of business of the Seller.
Delivery time is given with regard to each of the items presented at the Seller’s website www.eleven-sportswear.com and may vary from item to item. In the event that an order consists of more items, the delivery will be made in the delivery time relating to the item with the longest delivery time.
The delivery time shall be deemed automatically extended insofar as the delay is caused by force majeure or by any other circumstances beyond control of the Seller. Delay in delivery can also be caused by a delay with payment of the purchase price (including VAT, packaging and transportation costs), since any and all orders will be shipped only after the payment of the purchase price is properly made.
The Buyer has a duty to accept the Goods from the carrier, to check properly the integrity of the packaging, to inspect the number of parcels and items, and to notify the carrier, as well as the Seller, of any potential defects without undue delay. The invoice and the tax receipt shall be part of the parcel.
Unless agreed otherwise by the contracting parties, the Seller shall arrange delivery of the Goods to the address set out by the Buyer in its order using an international carrier.
In the event that an in-person delivery, rather than delivery through an international carrier, is agreed by and between the contracting parties, the Buyer shall provide the Seller with a receipt of the full payment of the purchase price (including VAT) for the Goods at the time of accepting the Goods from the Seller’s warehouse. Insofar as the person other than the Buyer is to accept the Goods on behalf of the Buyer, such person shall provide the Seller with the Power of Attorney granted by the Buyer and issued to the name of the authorized person and his/her valid identification card.
The amount of transportation costs is dependant on the means of delivery (i.e. there are no transportation costs in case of an in-person delivery) and the destination of the ordered Goods. The amount of transportation costs shall be added to the purchase price of the ordered Goods before submitting the respective order and the Buyer, by means of submitting of the respective order, shall thus accept the amount.
The Goods are delivered to the Buyer under the warranty stipulated by the mandatory provisions of applicable laws, but in any event under the warranty of maximum of twenty-four (24) months.
The Seller provides the warranty on the quality and completeness of the delivery.
The warranty period commences on the day of passing of the legal title to the Goods to the Buyer.
The warranty does not cover defects caused by a failure to obey care instructions, by unprofessional or careless handling, by using the Goods in contradiction with its purpose or instruction manual, by mechanical damage, or by regular wear and tear. The warranty does not cover the Goods, which reacted with other materials and damaged the product as a result. Therefore, the Sellers recommend performing the testing before commencing any production or further processing of any Goods.
In the event that the Buyer detects any defect(s) during the acceptance of the Goods or at a later stage, the Buyer shall notify the Seller about such defect(s) in writing without undue delay, but in any event no later than within five (5) working days from accepting the Goods or from the date, when the Buyer learnt or could have learnt of such defect(s).
The warranty claim sheet must contain in particular the date of the Contract, the date of the Goods delivery, name of the product, claimed quantity, description of the defect(s), proposal for a method of settling the claim, and a copy of the purchase receipt or invoice.
The Seller primarily settles the justified claims by means of exchange or repair of the defected Goods, or alternatively by means of the refund of the purchase price. Therefore, when the warranty claim is justified, the Seller shall, in its sole discretion, repair or replace the defected product for the Buyer, or it shall refund the money paid by the Buyer for such product, however always reduced by the amount of costs of transportation and packaging.
The warranty claims can be assessed and dealt with only at the business seat of the Seller, whereas the transportation cost of the defected Goods to the business seat of the Seller shall be borne by the Buyer.
Insofar as the Seller finds a warranty claim as justified, the Seller shall deliver the replacement or repaired Goods to the Buyer free of charge.
The Seller shall exercise its best efforts to settle the warranty claim within thirty (30) working days from the day of its receipt.
The legal title to the Goods passes to the Buyer on the moment, when the Goods are handed-over to the Buyer in case of an in-person delivery, or otherwise, when the Goods are delivered to the Buyer by the carrier. The risk of damage or loss of the Goods passes to the Buyer on the moment, when the Goods are handed-over to the Buyer in case of an in-person delivery, or otherwise, when the Goods are handed-over to the carrier for transportation to the address set out in the Buyer’s electronic order.
The Buyer is solely entitled to rescind the Contract without stating a reason within fourteen (14) days of the conclusion thereof, subject to the condition that the Goods, which do not conform to the Buyer's specifications, were neither damaged, nor used, and were returned to the Seller in an undamaged packaging. The rescission from the Contract comes into effect on the day of the delivery of the rescission notice to the Seller. In the event that the Goods, as to which the Buyer’s rescission applies, have already been dispatched to the address set out in the Buyer’s electronic order, the Seller shall be obliged to return the amount corresponding to the purchase price of the Goods having been previously paid by the Buyer (save for amount of the transportation and packaging costs) to the Buyer only after such Goods are duly returned to the Seller.
Any and all rights, duties and other matters forming part of the relationship between the Seller and the Buyer established by the Contract or relating thereto, which are not covered by these Commercial Terms & Conditions shall be governed by the laws of the Czech Republic, in particular by the applicable provisions of the Act No. 513/1991 Coll., the Commercial Code, as amended, or, depending on the legal status of the Buyer, by the applicable mandatory provisions governing consumer contracts stipulated in the Act No. 40/1964 Coll., the Civil Code, as amended, which are to prevail over the above, in case the Buyer is a natural person.
These Commercial Terms & Conditions shall be deemed effective as of 1 January 2011.