1. Any complaints will be handled in accordance with the complaints procedure of the acrasport.cz online store and the legal regulations applicable in the Czech Republic.
2. Complaints about goods should be made directly to authorized service centers, a list of which is usually included with the instructions, as this will speed up the complaint process.
3. Goods can be claimed from the operator in accordance with the terms and conditions of the complaints procedure at reklamace@acra.cz
4. Goods can only be exchanged or returned if they are returned with all accessories and documents proving the conclusion of the purchase contract.
5. It is best to send the goods for complaint in their original packaging. If you do not have the original packaging, pack the goods in such a way that they are sufficiently protected during transport. The carrier is not liable for poorly packaged shipments. The manufacturer usually does not recognize the warranty for goods damaged during transport, even if the defect appeared before transport. See also the complaint procedure, which is an integral part of these terms and conditions. The buyer is entitled to claim reimbursement of necessary costs incurred in connection with exercising their rights under liability for defects. Necessary costs incurred in connection with exercising liability for defects, as well as transport costs, shall be borne by the seller.
Terms and conditions
1. Introductory provisions
These terms and conditions apply to purchases made in the acrasport.cz online store. The terms and conditions define and specify the rights and obligations of the seller, which is Acra s.r.o. , Brodská 161, 51301, Semily, ID No. 64254330, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C. , insert 8257 (hereinafter also referred to as the “operator”) and the buyer (hereinafter also referred to as the “buyer” or “customer” or, if it is a consumer within the meaning of the relevant provisions of the Civil Code, Act No. 89/2012 Coll., as amended, then also “consumer”). All contractual relationships are concluded in accordance with the legal order of the Czech Republic. Relationships not governed by the Terms and Conditions are governed by Act No. 89/2012 Coll., as amended, and if the contracting party is a consumer, relationships not governed by the Terms and Conditions are also governed by the Consumer Protection Act (No. 634/1992 Coll.).
Excerpts from these laws can be found below this section of the Terms and Conditions.
1. All orders placed through the acrasport.cz online store are binding. By concluding the purchase contract, the buyer confirms that they have read and agree to these terms and conditions and the complaints procedure. The buyer is sufficiently notified of these terms and conditions and other documents before placing their order.
2. The contract is concluded in the Czech language, unless circumstances on the part of the seller or buyer prevent this, in which case the contract may also be concluded in another language understandable to both parties. The concluded contract is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and, if necessary, correct the order before sending it. These terms and conditions are displayed on the website of the online store www.acrasport.cz, thus enabling their archiving and reproduction by the buyer.
3. All prices listed on acrasport.cz include VAT, RP (recycling fee), and all other mandatory fees that the consumer must pay to obtain the goods. Before placing an order, the consumer buyer has the opportunity to familiarize themselves with the period for which the offer or price remains valid. Images on the e-shop may be illustrative in nature. Information on the availability of goods is provided for the e-shop. To verify availability at individual stores, please contact our info line. The prices for shipping goods to the customer are always listed on the store’s website.
4. The acrasport.cz online store contains all the information necessary to conclude a contract in terms of the general requirements of the contract and the essential requirements of the purchase contract, as defined by the Civil Code. It always includes the name, main characteristics, and price of the goods.
5. For an electronic order to be valid, all the information and requirements specified in the form must be filled in.
6. The place of delivery of the goods is the address specified by the buyer in the registration form.
7. Ownership of the goods passes to the buyer upon payment of the purchase price and acceptance of the goods.
8. By completing the registration form or placing a binding order on the acrasport.cz online store, the buyer gives the seller consent to collect and archive personal data about the buyer and their purchases. This consent is granted for an indefinite period and may be revoked in writing at any time. In such a case, the seller will remove all personal data of the buyer from its database to the extent necessary.
9. The buyer will not be charged any costs for the use of a means of distance communication (the acrasport.cz online store catalog and related e-mail). You only pay the fees for connecting to the Internet to your provider.
10. We strive to always provide our customers with the lowest possible prices. Therefore, prices change continuously according to the current offers of our business partners. The price remains valid at least until 6 p.m. on the day when price changes are made according to the current offers of suppliers. In the event of a price change, the customer will be informed of the correct price by the sales department staff. Special offers and sales are valid only while stocks last. In the event that gifts offered with products are sold out, acra.cz reserves the right to change or cancel the gift.
11. The operator reserves the right to correct the price of goods before shipping if it finds that the goods were offered at an incorrect price. In such a case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be canceled by the operator.
12. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. Definition of terms
1. Consumer contract – a purchase contract, contract for work, or other contracts, if the contracting parties are the consumer on one side and the supplier or seller on the other.
2. Supplier/seller – a person who, when concluding and performing a contract, acts within the scope of their business or other entrepreneurial activity. This is an entrepreneur who, directly or through other entrepreneurs, supplies products or provides services to the buyer.
3. Consumer – a person who, when concluding and performing a contract, does not act within the scope of their business or other entrepreneurial activity. This is a natural or legal person who purchases products or uses services for purposes other than business with these products or services.
4. Buyer (not a consumer) – a person who, when concluding and performing a contract, acts within the scope of their commercial or other business activities.
5. Purchase contract – the buyer’s order is a draft purchase contract, and the purchase contract itself is concluded upon delivery of the buyer’s binding consent to this draft (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
4. Complaints
5. Rights and obligations of the seller
1. The seller is obliged to process a binding order, dispatch the ordered goods, and deliver them to the buyer’s address within the deadline communicated to the buyer upon order confirmation. Upon receipt of the goods from our carrier, or at the seller’s premises in the case of personal collection, the buyer will receive a tax document for the goods. If the tax document is not enclosed with the goods, it will be sent to the buyer electronically within 3 days of receipt of the goods. At the consumer’s request, the seller is obliged to provide a written warranty (warranty certificate). If the nature of the item allows, it is sufficient to issue the buyer with a proof of purchase containing the information that must be included in the warranty certificate instead of the warranty certificate. The warranty certificate must contain the name and surname, name or business name of the seller, ID number, registered office if it is a legal entity, or place of residence if it is a natural person. If a longer than statutory warranty is provided, the seller shall specify the conditions and scope of the warranty extension in the warranty certificate.
2. All personal data provided during registration is confidential.
3. The seller is obliged to delete a registered customer from the database if the customer requests this in writing.
4. The seller has the right to refuse an order if the buyer has not fulfilled their obligation to take delivery of the goods or pay the purchase price.
5. Both the seller and the buyer have the right to withdraw from the purchase contract (binding order) until the moment of delivery of the goods that are the subject of the purchase contract, for any reason and without giving a reason (this provision does not in any way affect the consumer’s right defined in paragraph 5) of Article F / Terms and Conditions); The buyer hereby acknowledges that the seller will generally withdraw from such a contract if the goods are no longer manufactured or supplied to our market, or if they began to be supplied to the seller at a higher price, so that the sale of the ordered goods to the customer at the price stated in the order would be unprofitable for the seller (taking into account the costs of transport and maintenance of the acra.cz online store). If the buyer has paid for the ordered goods in advance (by bank transfer, GSM banking, etc.) and if the buyer or seller withdraws from the purchase contract in accordance with the above, the seller shall return the full amount to the buyer immediately after delivery of the written withdrawal from the contract to the other party.
6. The contract may be concluded in the Czech language. We always strive to meet your requirements as best we can and to provide you with the best possible price. Pursuant to Section 1826 of Act No. 89/2012 Coll., as amended, of the Civil Code, we hereby inform you that we are not aware of any codes of conduct that would apply to our type of online store, would be binding on us or at least authoritative, Therefore, in accordance with this provision, we state that we do not comply with any such codes of conduct that are binding on us or otherwise, nor can we comply with them, nor can we provide information on the accessibility of such codes of conduct using electronic means. However, we always carefully comply with the general requirements for the quality of our services and do our utmost to ensure your highest satisfaction.
7. According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received sales with the tax administrator online; in the event of a technical failure, this must be done within 48 hours at the latest.
8. By sending the order and its subsequent acceptance and confirmation by our e-shop, a valid purchase contract has been created, fully effective in accordance with our terms and conditions, which the buyer agreed to in the last step before sending the order, and in accordance with the currently valid laws of the Czech Republic. Failure to accept the shipment by the buyer does not mean that the buyer has canceled the order or withdrawn from the purchase contract. According to § 2118 paragraph 1 of Act No. 89/2012 Coll. Civil Code (new), this constitutes a breach of the purchase contract. According to the law, our store acrasport.cz is entitled to compensation from the buyer for the costs incurred for picking, packing, shipping, and handling.
6. Rights and obligations of the buyer
1. The buyer is obliged to provide a correct and complete postal address to which the ordered goods are to be sent.
2. The buyer is obliged to collect the ordered goods and pay the total price. The customer agrees to the total price when filling out the order form before its binding confirmation.
3. The buyer has the right to have their personal data deleted from the database if they request this in writing. The seller hereby undertakes to delete the buyer’s data from the database within 3 days of receiving the written request. Only data necessary for accounting purposes will remain in the database.
4. With the exception of a purchase contract for the provision of services, if their performance was commenced with the consumer’s consent before the expiry of the 14-day period from the acceptance of performance; for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the supplier’s will; the delivery of goods modified according to the consumer’s wishes or for his person, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence; the delivery of audio and video recordings and computer programs, if the consumer has broken their original packaging; the delivery of newspapers, periodicals and magazines; consisting of a game or lottery, the consumer has the right to withdraw from this contract within 14 days of receiving the goods. The goods must be undamaged, without signs of use or wear, preferably in their original intact packaging. The customer bears the cost of returning the goods to the supplier. Under the above conditions, the seller shall refund the purchase price to the customer by bank transfer (or postal order to the buyer’s address) no later than 14 days after withdrawal from the contract, but not before receipt of the returned goods. If the consumer exercises the right to withdraw from the contract pursuant to Section 1829 of Act No. 89/2012 Coll., as amended, the supplier is entitled to compensation for the costs incurred in connection with the return of the goods and their restoration to their original condition. It is necessary to consider the costs that acra.cz will incur in restoring the goods to their original condition, which may be required to be paid. You can avoid these charges by restoring the goods to their original condition yourself (cleaning, completing, proper packaging, etc.). Due to the diversity of goods, each case of withdrawal from the contract is handled individually.
5. These costs are always assessed individually and, as such, are then charged to the customer and offset against the amount for the returned goods. The consumer may send the withdrawal from the purchase contract to the address of the seller’s premises or to the seller’s e-mail address reklamace@obchod.cz. The consumer may also use this sample form provided by the seller to withdraw from the purchase contract.
6. If the item is not in accordance with the purchase contract upon receipt by the consumer (hereinafter referred to as a conflict with the purchase contract), the consumer has the right to have the seller bring the item into a state corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or repairing it, according to the consumer’s request. if this is not possible, the consumer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the consumer was aware of the conflict with the purchase contract before taking delivery of the item or caused the conflict with the purchase contract themselves. A conflict with the purchase contract that becomes apparent within six months of the date of delivery of the item is considered to have existed at the time of delivery, unless this is contrary to the nature of the item or unless proven otherwise. If the defect can be removed, the consumer has the right to have it removed free of charge, in a timely manner and properly, and the seller is obliged to remove the defect without undue delay. Unless this is disproportionate due to the nature of the defect, the consumer may request a replacement of the item or, if the defect concerns only a part of the item, a replacement of the part. If this is not possible, the consumer may request a reasonable discount on the price of the item or withdraw from the contract. If the defect cannot be remedied and prevents the item from being used properly as an item without a defect, the consumer has the right to exchange the item or withdraw from the contract. The consumer has the same rights in the case of removable defects if the consumer cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other non-removable defects, if the consumer does not request replacement of the item, the consumer has the right to a reasonable discount on the price of the item or may withdraw from the contract.
7. The seller ensures the take-back of electrical equipment from households and the separate collection of electrical waste, batteries, and accumulators in accordance with the relevant legal regulations. The buyer is entitled to hand over old electrical equipment when purchasing new similar electrical equipment or batteries or accumulators at any of the seller’s stores. When purchasing electrical equipment, the seller also ensures the free take-back of similar electrical equipment from the buyer at the point of sale. The buyer is also entitled to return electrical equipment, electrical waste, or batteries or accumulators to collection points designated for the collection of such waste in the relevant municipality. Electrical equipment, electrical waste, batteries, or accumulators must not be disposed of together with mixed waste, but must be disposed of at designated locations, i.e., collection yards or take-back points, such as those listed above. The aforementioned equipment and waste will be further used to manufacture new equipment. Hazardous and harmful substances from this equipment and waste can damage the environment or human health.
8 . The Czech Trade Inspection Authority, an entity for the out-of-court settlement of consumer disputes, known as “ADR,” with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz.
7. Protection of personal data
Our company needs the personal data that e-shop customers fill in to accept orders and ensure the delivery of the ordered goods or services. This is a legal basis for the performance of a contract in accordance with Article 6.1. b) of the GDPR and applies to the period of order fulfillment.
After delivery of the goods or services, we are obliged to retain this data on the basis of a legal obligation for the duration of the warranty period for the settlement of any complaints in accordance with Section 620 of Act No. 89/2012 Coll.
We are required by law to retain issued tax documents for 10 years in accordance with Act No. 235/2004 Coll., on value added tax, Sections 35 and 35a. After this period, they will be deleted.
We will use your email address to send you commercial communications relating to similar goods or services that you have purchased. You can unsubscribe from these communications at any time by clicking on the link provided in the email. This is based on a legitimate interest that is fully in accordance with Act No. 480/2004 Coll. and Article 6.1 f) of the GDPR.
You have the right to access, correct, delete, transfer in a transferable format, restrict, withdraw consent, object, and complain to the supervisory authority. Detailed information on the processing of personal data can be found here.
8. Final provisions
1. These terms and conditions apply in the version stated on the seller’s website on the date of conclusion of the purchase contract.
2. By sending an electronic order, the buyer accepts all provisions of the terms and conditions in the version valid on the date of sending the order, as well as the valid price of the ordered goods listed in the catalog of the acra.cz online store, unless otherwise demonstrably agreed in a specific case. The price of goods listed in the acra.cz online store catalog is always valid only until it is changed; for orders sent after the change has been made, the new price is always decisive.
If the customer does not have general jurisdiction in Germany, the jurisdiction for all legal disputes will be determined by the customer’s jurisdiction.
In the Czech Republic:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department Štěpánská 44 110 00 Prague 1, Czech Republic E-mail: adr@coi.cz Website: adr.coi.cz
According to applicable law, the online marketplace provider is required to inform consumers of the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without the need to involve a court. The platform is established by the European Commission. A link to the European Online Dispute Resolution platform can be found here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS.
The online marketplace provider is not obliged in Germany to participate in arbitration proceedings before a conciliation body for out-of-court settlement of consumer disputes under the Consumer Dispute Settlement Act.