1.1. These Terms and Conditions of Sale (the “Terms and Conditions”) of the retail company GAME CHANGER a.s., based at Kaprova 42/14, 110 00 Prague 1 - Staré Město, ID No.: 08882380, entered in the Commercial Register of the Municipal Court in Prague, Section B, File 25079 (the “Seller”) govern in accordance with Section 1751 (1) of Act no. 89/2012 Coll., Civil Code (the “Civil Code”) mutual rights and obligations arising to both parties in connection with or based on the Purchase Agreement (the “Purchase Agreement”) concluded between the Seller and any other natural person (the “Buyer”) through the online shop of the Seller. The Internet shop is operated by the Seller on a website located on the Internet at arfacemask.com (the “Website”), and via the scope of the website (the “Web-based commerce”).
1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or person ordering goods within the framework of their entrepreneurial activity or within the scope of their separate occupations.
1.3. Provisions diverging from the Terms and Conditions can be agreed upon in the Purchase Agreement. Diverging arrangements in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the English language. The Purchase Agreement is to be concluded in the English language.
1.5. The Terms and Conditions may be unilaterally amended and updated by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Terms and Conditions. The Seller will notify the Buyer of the change or amendment of the Terms and Conditions at least fourteen (14) days before the effective date of the change or new Terms and Conditions, via a message sent to the registered e-mail address of the Buyer. The user is entitled to reject the changes by cancelling his user account.
2.1. Upon registration of the Buyer on the Website, the Buyer can access his user interface. From his user interface, the Buyer may order goods (the "User account"). A Buyer may order goods without registration, directly from the online interface of the Website.
2.2. When registering on the Website and ordering goods, the Buyer is obliged to provide only correct and true information. The Buyer is obliged to update the data entered into the User account upon any changes to them. The data entered by the Buyer into the User account and when ordering goods by the Seller are assumed as correct.
2.3. The Seller activates the Buyer's User account after reviewing the data provided by the Buyer. The Buyer is informed about the activation of the User account via e-mail.
2.4. Access to the User account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding the information needed to access the User account. The Buyer is not entitled to allow third parties to use the User account. In the event of non-compliance with this obligation, the Buyer is responsible for any damage that arises in connection with the use of the User account by a third party.
2.5. The Seller may cancel the User Account, especially in cases when the Buyer breaches his obligations under the Purchase Agreement (including Terms and Conditions).
2.6. Other conditions for using the User account:
2.6.1. The Buyer warrants that he will not use any software and programmes that could alter or damage the functionality and availability of the User account (such as hacking attacks, brute force attacks, use or submission of malicious software, viruses and so-called worms). Notices and warnings communicated by the Seller to the Buyer regarding the use and functions of the User account must be followed by the Buyer;
2.6.3. The deletion of the User account is possible at any time, and the deletion of a User account has the effect that participation in any other services provided within the User account is not possible.
2.7. The Buyer acknowledges that the User account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of the Seller, respectively to the necessary maintenance of hardware and software of third parties. In exceptional cases, the provision of the service may result in outages, temporary restrictions, interruptions or reductions in the quality of the service.
3.1. In the case of distance purchase of goods (especially through the Website interface or by communication by phone or e-mail) the Purchase Agreement is concluded by acceptance of the Order by the Seller, shipping the goods by the Seller to the Buyer or explicit acceptance of the proposal to conclude a Purchase Agreement by the Seller via e-mail or telephone is considered such acceptance. In the event that the relevant Order is not accepted by the Seller by the next working day, the Buyer is no longer bound by the Order.
3.2. The Buyer bears all risk of damage to the goods from the moment of delivery in accordance with Article 1.
3.3. The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement with the Buyer, especially if the Buyer is a person who has previously materially breached the Purchase Agreement or these Terms and Conditions or a person who is defaulting with payment of due obligations to the Seller.
3.4. Any presentation of the goods located on the Website interface is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding this product. The provisions of Section 1732 (2) of the Civil Code does not apply.
3.5. The Website interface provides information about goods, including the prices of individual goods. The prices of the goods are inclusive of VAT and all related charges. The prices of goods remain in force as long as they are displayed on the Website interface, without prejudice to the provisions of Article 3.11 of the Terms and Conditions. This provision does not limit the right of the Seller to conclude a Purchase Agreement under individually negotiated conditions.
3.6. The Website interface also contains information about the costs associated with packaging and delivery.
3.7. To order goods, the Buyer fills out an order form on the Website interface. The order form contains specific information about:
3.7.1. The ordered goods, their number, colours and sizes (ordered goods are "placed" by the Buyer into an electronic shopping cart on the Website interface);
3.7.2. The preferred method of delivery of the goods ordered and the method of payment for the goods;
3.7.3. The costs associated with the delivery of goods; and
3.8. Before submitting the Order to the Seller, the Buyer is given the possibility to check and modify the information that have been provided in the Order by the Buyer, including the possibility to identify and correct errors that had occurred during data entry within the Order.
3.9. Before submitting the Order, the Buyer is also provided with the final purchase price, which includes the sum of prices for selected goods placed in the basket, including all related services, taxes or other fees and the price for delivery of these goods.
3.10. The Buyer completes the Order by clicking on the "complete order" button. The data provided in the Order are assumed correct by the Seller. The Seller shall promptly notify the Buyer about having received the Order, on the electronic email address of the Buyer that had been provided within the User account or within the Order (the "Electronic Address of the Buyer").
3.11. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation (e.g. in writing or by telephone).
3.12. The contractual relationship between the Seller and the Buyer arises upon receiving confirmation of the Order (acceptance), which is sent to the Buyer by e-mail, to the Electronic Address of the Buyer.
3.13. The Buyer has the right to cancel the Order (change it and correct it), i.e. to withdraw his proposal for concluding the Purchase Agreement, without any sanctions until the moment of acceptance of the proposal for concluding the Purchase Agreement in the sense of Article 3.1 of these Terms and Conditions.
3.14. The Seller is entitled not to accept the Order, which (except with the consent of the Seller) is not made in accordance with these Terms and Conditions, or to return it to the Buyer for completion in a reasonable period of time. As a result of its expiration the Buyer's Order shall be considered as never delivered.
3.15. For the avoidance of doubt, the Purchase Agreement is not concluded if the Buyer's Order is not accepted by the Seller or is accepted with reservations.
3.16. The Seller reserves the right not to deliver the ordered goods to the Buyer in exceptional cases, especially if the Website interface mistakenly provided obviously incorrect or non-standard information about the selected goods, price or delivery date, or if the goods are sold out and permanently unavailable to the Seller. In such cases, the Seller undertakes to return to the Buyer the financial amount paid on the basis of the Purchase Agreement.
3.17. By concluding the Purchase Agreement, the Buyer (either with or without registration) agrees to these Terms and Conditions and declares that he had the opportunity to become acquainted with these Terms and Conditions before concluding it. These Terms and Conditions are available to the Buyer at any time at this address: www.arfacemask.com and are also sent to the Buyer as an e-mail attachment at the same time as confirmation of receipt of the Order in the sense of Article 3.10 of these Terms and Conditions.
3.18. The Buyer agrees to the use of distance communication in concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with concluding the Purchase Agreement (cost of internet access, telephone costs) are borne by the Buyer, and these costs do not differ from the standard rate of his service provider.
3.19. Information on executed Orders and concluded Purchase Agreements is archived in the Website interface, for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations. This information is not accessible to third parties.
4.1. The Buyer can pay the Seller for the price of goods and for any costs associated with the delivery of such goods under the Purchase Agreement in the following methods:
4.1.1. with a card through PayPal system;
4.2. Along with the purchase price, the Buyer is obligated to pay the costs associated with packaging and delivery at the agreed rate. Unless expressly stated otherwise, the purchase price is understood to include the costs associated with delivery of goods.
4.3. In the case of payment in cash or in case of payment upon delivery, the purchase price is payable upon receiving the goods. In case of cashless payment, the purchase price is due within 5 business days after the conclusion of the Purchase Agreement, otherwise the Order is to be cancelled.
4.4. In the case of cashless payment, the Buyer is obliged to pay the purchase price, together with the display of the variable symbol of the payment; these data will be sent to the Buyer to the communicated Electronic Address of the Buyer as part of the order confirmation. In the case of cashless payment, this obligation of the Buyer is considered fulfilled at the point when the appropriate amount is received at the Seller's bank account.
4.5. The Seller must deliver a tax document - invoice regarding payments made under the Purchase Agreement to the Buyer. The Seller is the payer of value added tax in the amount according to valid legal regulations of the Czech Republic. The tax document - invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Electronic Address of the Buyer; electronic tax document - invoice is also available for download in the User account.
4.6. Potential discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
5.1. The transport of goods according to the concluded Purchase Agreement is carried out in the manner chosen by the Buyer in the Order process, unless agreed otherwise.
5.2. In the event that a mode of transport is agreed upon, based on the special request of the Buyer, the Buyer bears the risk and additional costs associated with this mode of transport.
5.3. If the Seller, under the Purchase Agreement, is required to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
5.4. In the event that the goods need to be delivered repeatedly or in any other way than stated in the Order for reasons arising from the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery, respectively the costs associated with other delivery methods.
5.5. If the Seller delivers other than the ordered goods or if he delivers the goods agreed in the Purchase Agreement, but in a different quantity, the Buyer is entitled to refuse to accept such goods.
5.6. When accepting the goods from the carrier, the Buyer is obliged to check the integrity of the goods’ packaging, and in case any defects are identified, to immediately notify the carrier. In case of discovering damages indicative of unauthorized intrusion into the package, the Buyer is not obliged to accept the package from the carrier and in that case fill out a report to that effect with the carrier. By signing the handover protocol, delivery note or similar document, the Buyer confirms that the consignment of goods meets all conditions and requirements and any complaint for this reason cannot be taken into account. The Seller is not responsible for defects caused by the carrier.
5.7. Other rights and obligations of the parties in the transport of goods may be modified by special delivery conditions of the Seller, respectively the relevant carrier, with which the Buyer was acquainted in advance.
6.1. The Buyer, who is a consumer, acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons.
6.2. If it is not a case specified in Article 6.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement according to applicable legislation, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code within 14 days of receipt of the goods, and in the event that the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller in writing within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent by the Buyer to the address of the Seller's office or to the Seller's e-mail address specified in these Terms and Conditions.
6.3. The Seller has decided to extend the period for withdrawal from the Purchase Agreement according to the article 6.2 of Terms and Conditions to 30 days of receipt of the goods.
6.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 6.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller at the address: arfacemask.com, GAME CHANGER a.s., Šeříkova 4, 150 00 Prague 5 within 14 days of withdrawal from the Purchase Agreement by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned due to their nature by regular mail.
6.5. In case of withdrawal from the Purchase Agreement according to Article 6.2 of the Terms and Conditions, the Seller will return the finances, i.e. the price of goods, including delivery costs received from the Buyer, within 14 days of withdrawal from the Purchase Agreement by the Buyer, in the same way as accepted from the Buyer. If the Buyer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller will reimburse the Buyer the cost of delivery of goods only in the amount corresponding to the cheapest offered method of delivery of goods. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received finances to the Buyer before the Buyer returns the goods or proves that he sent the goods to the Seller.
6.6. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer's right to a refund of the purchase price.
6.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the goods are taken over by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, to the bank account designated by the Buyer.
6.8. If a gift is provided to the Buyer together with the goods, the donation contract between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the donation contract for such a gift ceases to be effective and the Buyer is obliged to return the provided gift together with the goods to the Seller.
6.9. The Buyer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective goods are governed by the relevant legislation, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., on consumer protection, as amended (the "Consumer Protection Act").
7.2. The Buyer is entitled to exercise the right arising from a defect that occurs within 24 months of receipt of the goods, unless agreed otherwise. The Seller s responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer has taken over the goods:
7.2.1. the goods are of the qualities that the parties have agreed to, and, in the absence of such an arrangement, with those properties which the seller or manufacturer has described or which the buyers expect with regard to the nature of the goods and based on the advertising they carry;
7.2.2. the goods are fit for the purpose for which their sale refers to, or for which goods of the same type are normally used;
7.2.3. the goods correspond in character or in their execution to the agreed sample or template, if the character or execution was determined according to an agreed sample or template;
7.2.4. the goods are in correct quantity, measure or weight; and
7.2.5. the goods comply with the legal requirements.
7.3. If the defect becomes apparent within 6 months of receipt, the goods are deemed to have been defective at the time of receipt.
7.4. In the event that the goods do not meet the above requirements, the Buyer has the right to delivery of new goods without defects, unless this is unreasonable due to the nature of the goods. If the defect concerns only a part of the item, the Buyer can only request the replacement of such part; if this is not possible, he may withdraw from the Purchase Agreement and demand a refund of the purchase price in full. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
7.5. If the Buyer does not withdraw from the Purchase Agreement or if he does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair, he may demand a reasonable discount from the purchase price. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties to the Buyer.
7.6. The provisions of this Article do not apply to goods (i) where the defect was caused by wear and tear caused by usual use, or if it is due to the nature of the product; (ii) if the defect already exists at the time of acceptance and a discount on the purchase price is agreed for such defect; (iii) if the goods are used and the defect corresponds to the degree of use or wear and tear that the goods had when taken over by the Buyer; (iv) where the defect is caused by the Buyer and was caused by improper use, storage, improper maintenance, Buyer's intervention or mechanical damage; or (v) the defect arose as a result of an external event beyond the Seller's control.
7.7. The rights arising from defective goods are claimed by the Buyer against the Seller at: arfacemask.com, GAME CHANGER a.s., Šeříkova 4, 150 00 Prague 5. A claim arises in the moment when the Seller receives the claimed goods from the Buyer (the day of receipt of the goods).
7.8. The Seller or an employee authorized by him is obliged to decide on the claim immediately, in more complex cases within 3 working days. The time required for a professional assessment of the defect is not included in this period. The Seller is obliged to issue a written confirmation to the Buyer, stating the date and place of the complaint (claim), the characteristics of the alleged defect, the Buyer's required method of handling the complaint and the manner in which the Buyer will be informed of its settlement.
7.9. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of receipt of the complaint, unless the Seller and the Buyer agree on a longer period.
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price.
8.2. The Buyer is obliged to use the goods only in the manner specified in any manual or instructions that the Seller provides together with the Order confirmation according to Article 3.10 of these Terms and Conditions, together with the delivery of the goods according to Article 5 of these Terms and Conditions or which forms the content of the Annex 1 to these Terms and Conditions.
8.3. The Seller is not bound by codes of conduct in its relation to the Buyer, within the meaning of Section 1826 (1) e) of the Civil Code.
8.4. Complaints are handled by the Seller via e-mail firstname.lastname@example.org. The Seller will send information on the settlement of the Buyer's complaint to the Electronic Address of the Buyer.
8.5. The Seller is entitled to sell goods on the basis of its Trading Licence. Trade inspections are carried out under the authority of the relevant Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate exercises, within the specified range and inter alia, supervision over compliance with Consumer Protection Act.
8.6. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a Seller and a consumer Buyer under a Purchase Agreement concluded by electronic means.
8.7. European Consumer Center in Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a 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 consumer ODR).
9.1. The protection of the personal data of the Buyer is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
9.3. Seller warns the Buyer that personal data can be entered in the register set up in accordance with § 20z of the Consumer Protection Act.
9.4. The Buyer acknowledges that the Seller may send to the Electronic Address of the Buyer information related to the merchandise, service or establishment in the form of commercial communications. Sending of commercial communications can be cancelled by the Buyer at any time through his User account or by using a link at the end of each commercial communication.
10.1. All technical data on the Website are provided by the manufacturer of the respective goods.
10.2. If the relationship arising from the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
10.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, instead of the invalid provision, a provision with the closest meaning to the invalid or ineffective provision shall become effective. The invalidity or unenforceability of one provision does not affect the effectivity or enforceability of other provisions.
10.4. Contact details of the Seller: postal address: arfacemask.com, Šeříkova 618/4, 150 00 Praha 5 Czech Republic; e-mail address: email@example.com.
In Prague on 4. 5. 2020