GENERAL TERMS AND CONDITIONS
These General Terms and Conditions („Terms“) govern the rights and obligations of You as Buyers and Us as Sellers within the contractual relationships concluded through the E-shop on the website https://camp-matyas.com.
All information on the processing of your personal data is contained in the Principles of Personal Data Processing, which can be found here https://camp-matyas.com/
As you surely know, we communicate primarily at a distance. Therefore, even for our Contract, means of distance communication are used that allow us to reach an agreement without the simultaneous physical presence of Us and you.
If any part of the Terms and Conditions contradicts what we have jointly approved as part of the process of your purchase in Our E-shop, this agreement will take precedence over the Terms.
Price is the amount of money you will pay for the Goods;
Shipping Price is the amount of money you will pay for the delivery of the Goods, including the price for packing them;
The total price is the sum of the Price and the Shipping Price;
VAT is value added tax according to applicable legislation;
E-shop is an online store operated by Us at the address www.camp-matyas.com where the purchase of goods will take place;
An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
We are the company Karel Matyáš – Camp Matyáš with its registered office at U Elektrárny 840, Vrané nad Vltavou 252 46 IČO 122 49 696, e-mail email@example.com telephone number 604 215 074 legally referred to as the seller;
The Order is your irrevocable proposal to conclude a Contract for the Purchase of Goods with Us;
A Contract is a purchase contract concluded based on a duly completed Order sent through the E-shop, and is concluded when you receive an Order confirmation from Us;
A user account is an account established based on the data provided by you, which allows the storage of the entered data and the storage of the history of the ordered Goods and the concluded Contracts;
You are a person shopping in Our E-shop, legally referred to as the buyer;
Goods are everything you can buy in the E-shop.
General provisions and instructions
The purchase of Goods is possible only through the web interface of the E-shop.
When purchasing Goods, it is your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.
The contract with Us can only be concluded in the Czech language.
The contract is concluded remotely through the E-shop, while the costs of using means of distance communication are borne by you.
However, these costs do not differ in any way from the basic rate you pay for the use of these funds (for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, you agree that we use the means of distance communication.
To conclude the Contract, it is necessary for you to create an Order proposal in the E-shop. The following information shall be included in this proposal:
Information about the purchased Goods (in the E-shop you mark the Goods you are interested in purchasing by the „BUY“ button);
information about the Price, the Shipping Price, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user interface of the E-shop, while the information about the Price, the Shipping Price and the Total Price will be provided automatically based on the Goods you have timed and the method of their delivery;
Your identification data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;
During the creation of the order proposal, it may change and control the data until it is created. After performing the check, press the „ORDER“ button to create the order. However, before pressing the button, you must confirm your familiarization and acceptance of these Terms and Conditions, otherwise it will not be possible to create the Order. A check box is used to confirm and agree. After pressing the „ORDER“ button, all completed information will be sent directly to Us
We will confirm your Order as soon as possible after it is delivered to Us by sending a message to your e-mail address specified in the Order. The confirmation shall include a summary of the Order and these Terms. Confirmation of the Order by us concludes the Contract between Us and You. The Terms and Conditions in the version effective on the date of the Order form an integral part of the Contract.
There may also be cases when we will not be able to confirm your Order. These are situations where the Goods are not available or cases where you order a larger number of pieces of Goods than is allowed by us. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and it should not be surprising for you. If there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In this case, the contract is concluded at the moment when you confirm Our offer.
If an obviously incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you for this Price even if you have received a confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. If you do not confirm Our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, when the Price does not correspond to the usual price at other sellers, or the number is missing or dwells.
If the Contract is concluded, you are liable to pay the Full Price.
PRICE AND PAYMENT TERMS, RETENTION OF TITLE
The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be the same as the price in the Contract. The draft Order also states the Shipping Price, or the conditions when shipping is free.
The total price includes VAT including all fees stipulated by law.
We will require you to pay the Full Price after the conclusion of the Contract and before handing over the Goods. You can pay the Full Price in the following ways:
By bank transfer. We will send you the information for making the payment as part of the Order confirmation.
By card online. In this case, the payment is made through the payment gateway PayPal, while the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.paypal.com/cz/
The invoice will be issued in electronic form after payment of the Full Price and will be sent to your e-mail address.
Ownership of the Goods passes to you only after you pay the Full Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, in other cases it is paid at the time of payment.
DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THINGS
The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;
Goods can only be delivered within the European Union.
The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and, in the event of any defects, to immediately notify the carrier and Us of this fact.
If there is a defect in the packaging that indicates unauthorized handling and entry into the shipment, you are not obliged to take over the Goods from the carrier.
If you breach your obligation to accept the Goods, except in accordance with Article 6.4 of the Terms and Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not take over the Goods does not mean withdrawal from the Contract between Us and you. However, in such a case, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transport Price, or the claim for damages, if any.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, you are obliged to reimburse Us for the costs associated with such repeated delivery. Payment details for the payment of these costs will be sent to your e-mail address specified in the Contract and are due 14 days from the delivery of the e-mail.
Dangerous damage to the Goods passes to you at the moment you take them over. If you do not take over the Goods, except in the cases referred to in Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means that from that moment on you bear all the consequences associated with the loss, destruction, damage, or any deterioration of the Goods.
If the Goods were not listed as in stock in the E-shop and the approximate availability period was indicated, we will always inform you in the case of:
extraordinary failure of production of the Goods, while we will always inform you of the new expected period of availability or information that it will not be possible to deliver the Goods;
delay in delivery of the Goods from Our Supplier, while we will always inform you of the new expected delivery time.
If we are unable to deliver the Goods to you even within 30 days of the expiration of the delivery period specified in the Order confirmation, for any reason, We and you are entitled to withdraw from the Contract.
RIGHTS FROM DEFECTIVE PERFORMANCE
We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Article 6.7 of the Terms and Conditions, the Goods are free of defects, that:
has properties that we have agreed with you and, if not expressly agreed, those that we have indicated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
is suitable for the purposes indicated by us or for purposes that are customary for Goods of this type;
corresponds to the quality or design of the agreed sample, where the quality or design has been determined based on a sample;
it is in the appropriate quantity and weight;
meets the requirements imposed on it by law;
is not encumbered by the rights of third parties.
If the Goods have a defect, if any of the conditions under Article 7.1 are not met, You may notify Us of such a defect and exercise the rights arising from the defective performance (i.e., claim the Goods) by sending an e-mail or letter to Our addresses listed with Our identification data. For a complaint, you can also use the sample form provided by Us, which forms Annex No. 1 to the Terms and Conditions. In exercising the right of defective performance, it is necessary to choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases under Article 7.3, without Our consent. We will handle the complaint in accordance with the right exercised by you from defective performance. If you do not choose to resolve the defect, you have the rights listed in Article 7.4 even in situations where the defective performance was a material breach of the Contract.
If the defective performance is a material breach of the Agreement, you have the following rights:
to remove the defect by delivering new Goods without defect, or by delivering the missing part of the Goods;
to remove the defect by repairing the Goods;
a reasonable discount on the Price;
to withdraw from the Contract.
If you choose to resolve it in accordance with points a) or b) and We do not remedy the defect within the reasonable period specified by us, or we inform you that we will not remove the defect at all in this way, you have the rights under points c) and d), even if you did not originally request them as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another way of removing the defect.
If the defective performance is an insignificant breach of the Agreement, you have the following rights:
to remove the defect by delivering new Goods without defect, or by delivering the missing part of the Goods;
to remove the defect by repairing the Goods;
to a reasonable discount on the Price.
However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to the recurrence of defects after the repair of the Goods or in the event of a larger number of defects in the Goods.
In the event of a material or insignificant breach, you may not withdraw from the Contract or require the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
if there has been a change in the condition of the Goods because of an inspection to determine the defect;
if the Goods were used before the defect was discovered;
if the impossibility of returning the Goods in the same state was not caused by your actions or your omission
if the Goods were sold, consumed, or altered by you during normal use before the defect was discovered; however, if this has occurred only partially, you are obliged to return the part of the Goods that can be returned and in such a case you will not be refunded the part of the Prices corresponding to your benefit from the use of part of the Goods.
Within three days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint. We will handle the complaint without undue delay, but no later than 30 days after receiving it. The deadline may be extended by mutual agreement. If the deadline expires in vain, you can withdraw from the Contract.
We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you are entitled to compensation for reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the shipping price. If the defect has been removed by the delivery of new Goods, you are obliged to return the original Goods to Us, but the costs of such return shall be borne by Us.
The exercise of rights arising from defective performance and complaint of the event is governed by the provisions of §1810 as follows, §1820 as a seq. and §2099 and em. of the Civil Code and the Consumer Protection Act.
If you are an entrepreneur, it is your duty to notify and complain about the defect without undue delay after you could find it, but no later than three days after receipt of the Goods.
If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.
The provisions on the right to defects shall not apply in the case of:
Goods that are sold at a lower Price, for a defect for which a lower Price was agreed;
wear and tear of the Goods caused by their normal use;
used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
when it results from the nature of the Goods.
withdrawal from the contract
Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
If you are a consumer, i.e., a person buying the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with section 1829 of the Civil Code. In the event that we have concluded a Contract the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and if we have concluded a Contract on the basis of which you we will deliver the Goods regularly and repeatedly, starting on the day of delivery of the first delivery. You may withdraw from the Contract in any demonstrable way (by sending an e-mail or letter to Our addresses listed with Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Annex No. 2 to the Terms and Conditions.
However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
Goods whose Price depends on financial market volatility independently of Our will and may occur during the withdrawal period;
delivery of alcoholic beverages that can be delivered only after thirty days and their price depends on financial market volatility independent of Our will;
Goods that have been modified according to your wishes or for your person;
Perishable Goods and Goods that have been irreversibly mixed with another after delivery;
Sealed goods that have been removed from the packaging and cannot be returned for hygienic reasons;
the supply of an audio or video recording or a computer program, if the original packaging has been broken;
supply of newspapers, periodicals or magazines;
delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period and we have informed you that you do not have the right to withdraw from the Contract.
The withdrawal period pursuant to Article 8.2 of the Terms and Conditions shall be deemed to have been preserved if you send Us a notice that you are withdrawing from the Contract during the period of the Contract.
In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account chosen withdrawal from the Contract. However, the amount will not be refunded before you return the Goods to Us or before you prove that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging if possible.
In the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, you are obliged to send us the Goods within 14 days of withdrawal, and you bear the costs associated with returning the goods to Us. On the contrary, you are entitled to have us refund the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods offered by us for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Contract, we also pay the costs associated with the return of the goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered when delivering the Goods.
You are liable to Us for damage in cases where the Goods are damaged because of Your handling of them otherwise than necessary to dispose of them with regard to their nature and characteristics. In such a case, we will charge You for the damage caused after the Goods have been returned to Us and the due date of the billed amount is 14 days. If we have not yet returned the Price to you, we are entitled to set off the receivable for costs against your claim for the refund of the Price.
We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiration of the period specified in Article 6.9. Conditions. We may also withdraw from the Contract if it is obvious that you have intentionally provided incorrect information in the Order.
If you purchase goods in the course of your business activities, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
Resolution of disputes with consumers
If you are a consumer, under the Consumer Protection Act you have the right to an out-of-court settlement of a consumer dispute arising from the Contract. In this case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org,web: adr.coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at your request if the dispute has not been resolved directly with Us. The application can be filed no later than 1 year from the date on which you exercised your right, which is the subject of the dispute, with Us for the first time.
You also have the right to initiate out-of-court dispute resolution online through the ODR platform available on the ec.europa.eu/consumers/odr/ website.
If Our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights under the law.
We will deliver all written correspondence with you by e-mail. Our e-mail address is listed next to Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), we are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
Annexed to the Terms and Conditions is a sample form for a complaint and a sample form for withdrawal from the Contract.
The Contract, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to you. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and you will therefore always have access to the Contract even without Our cooperation. We recommend that you always confirm the Order and save the Terms.
Our activities are not affected by any codes of conduct pursuant to § 1826 para. 1 point. g) the Civil Code.
These Terms come into effect on 21.11.2021
Complaint form: download the form in .pdf format
Withdrawal form: download the form in .pdf format