Terms and Conditions

General Provisions
1.1. Scope of the Terms and Conditions. These terms and conditions govern the
conclusion of contracts between us as the merchant and you as the customer through the
online store and our and your rights and obligations arising from the contracts. The terms
and conditions also include mandatory information. Information about the processing of
personal data can be found in a separate document on our website. The terms and
conditions become effective on 15. 10. 2023.
1.2. Used Terms. In our terms and conditions, we use the following abbreviations:
1.2.1. We, which means the merchant, namely an entrepreneur Václav Polnický,
based in Boleslavská 111, 50743 Sobotka, the Czech Republic, ID number
87467101, recorded in the Trade Register, non-payer of VAT.
1.2.2. You, which means the customer, i.e., the second contracting party different
from us, which may be one of the following entities:
1.2.2.1. consumer, which is a person not acting within the scope of their
business or self-employment,
1.2.2.2. entrepreneur, which is a natural person or legal entity acting
within the scope of their business or self-employment.
1.2.3. Online Store, which is our web interface located at the web address
http://www.pokemon4u.eu, where you where you can see what we offer and you can
order goods from what we offer.
1.2.4. Email, which is electronic mail that can be used to contact us at the email
address available at the web address of our online store.
1.2.5. Phone, which can be used to contact us at the telephone number available at
the web address of our online store.
1.2.6. Contracts, which means purchase contracts.
1.3. The relationship of the Terms and Conditions and the contract. The Terms and
Conditions are an integral part of contracts. Different agreements in the contract have
priority over the Terms and Conditions.
1.4. The contract and the Terms and Conditions and legislation. Rights and
obligations not regulated by the Terms and Conditions or by the contract are governed by
the laws of the Czech Republic, especially by Act No. 89/2012, The Civil Code, and Act No.
634/1992, on Consumer Protection, in accordance with the laws of the European Union,
especially Directive 2011/83/EU on Consumer Rights and Directive 2000/31/EC on
Electronic Commerce. In the case of a conflict between the Terms and Conditions, or the
contract, and a law regulation, unless it is a matter which may be dealt with differently by
an contract, the respective law regulation has priority.
1.5. Severability of the Terms and Conditions and the contractual agreements. If
any of the clauses of the Terms and Conditions or the contractual agreements becomes
invalid, ineffective or not being taken into account, this shall not affect the validity and
enforceability of the remaining clauses of the Terms and Conditions and the contractual
agreements.
1.6. Relations with an international element. The legal relations between you and us
are governed in the presence of an international element by the Czech law and Czech courts
are competent for dealing with any disputes. The United Nations Convention on Contracts
for the International Sale of Goods (Vienna Convention) shall not apply.
1.7. Complaint resolution. Any complaints and disputes between you and us can be
resolved
1.7.1. extrajudicially through proceedings conducted by the Czech Trade Inspection
Authority (adr.coi.cz) or via the online dispute resolution platform established by the
European Commission (ec.europa.eu/consumers/odr),
1.7.2. via email on the e-mail address shop@pokemon4u.eu,
1.7.3. by phone at our phone number.
1.8. Supervisory Authorities. Our activities are monitored and supervised by state
authorities of the Czech Republic, to which you can address your complaints in accordance
with the laws governing their scope and powers. The state supervisory authorities include in
particular:
1.8.1. The Czech Trade Inspection Authority,
1.8.2. trade offices,
1.8.3. The Office for Personal Data Protection.
Ordering goods and contract conclusion
2.1. Ordering goods. You can order goods from our online store by accepting the offer to
conclude a contract, which is made by displaying the goods in the online store, through:
2.1.1. the online store.
Acceptance of our offer with amendments or deviations is not possible and is considered a
counter-offer on your part.
2.2. Ordering goods via the internet. You can place an order for goods through the
online store by selecting the offered goods in the desired quantity, quality, and version,
adding the goods to the virtual shopping cart, signing in to your user account or creating a
new user account, filling in the required information, selecting the method of delivery and
payment, and sending your order using the "Submit" button, which constitutes the
conclusion of the contract. Before submitting the order, you will be able to review and, if
necessary, modify the provided information.
2.3. Confirmation of order acceptance. We will confirm the successful acceptance of
your order and the conclusion of the contract by sending an email to your email address
with the email message. This email will include:
2.3.1. Confirmation of the contract's conclusion and its content,
2.3.2. Our terms and conditions, which also include mandatory information.
In case of incompleteness or incorrectness of the order, we will ask you to complete it or
inform you of the impossibility of conclusion the contract.
2.4. Language and contract storage. Contracts are concluded in the English language.
We save the concluded contracts and you can access your contracts through the online
store.
Concluded contracts and their content
3.1. Change and termination of the contract. Concluded contracts cannot be
unilaterally changed or terminated; such actions can only be taken based on mutual
agreement, legal regulations, or terms and conditions.
3.2. Content of purchase contract. Based on the concluded purchase contract, we are
obligated to deliver the ordered goods as agreed, and you are obligated to accept the goods
and pay the total price, which includes the price of the ordered goods, payment fees,
delivery fees, and other ordered services.
3.3. Protection of intellectual property. If we deliver goods protected by intellectual
property rights (especially copyrights, trademarks, industrial designs, patents, and utility
models), the contract does not grant you a license to exercise intellectual property rights.
Goods protected by copyright can only be used for personal use by individuals and for the
internal needs of legal entities. Especially, you are not allowed to reproduce, further sell,
rent, or otherwise provide access to third parties.
3.4. Discounts and promotions. For discount or other marketing events, individual
discounts and benefits cannot be combined unless stated otherwise.
3.5. Gifts and bonuses. If gifts or other bonuses are provided under the contract, it is
done based on a gift contract, and we are not responsible for defects in these gifts or
bonuses. The existence of a gift contract depends on the existence of the main contract, and
the gift contract is concluded with the condition of its termination in case of the termination
of the main contract.
3.6. Discount coupons and gift vouchers. Discount coupons and gift vouchers can be
used under agreed conditions or the conditions stated on the coupon or voucher. Unless
specified otherwise, they can only be used with us, and their validity period is limited to one
year from the date of issuance.
Payment conditions
4.1. Methods of payment. The total price may be paid in the following ways:
4.1.1. In advance via a bank transfer to our account:
4.1.1.1. 6313401339/0800;
4.1.2. In advance via a payment card,
4.1.3. In advance via a payment system:
4.2. Payment deadline. The total price must be paid either before the delivery of the
goods, upon the receipt of the goods, or later, depending on the agreed payment method. If
the total price is to be paid before the delivery of the goods, it must be paid within 5 days
from the contract's conclusion. If the total price is paid through a payment service provider,
it will be paid by transferring the monetary amount to our account with the payment service
provider.
4.3. Payment via credit. If payment is arranged through credit or another financial service
based on an contract with a financial service provider, this arrangement is also governed by
the terms of the contract and the conditions of the financial service provider.
4.4. Electronic delivery of tax documents. You agree that we will issue and send invoices
(tax documents) to you in electronic form to the email address provided during the order.
Delivery terms
5.1. Methods of delivery. The methods of delivery that you can use are are as follows:
5.1.1. personal pickup.
5.1.2. DPD courier service.
5.2. Limitations on Goods Delivery. The goods are delivered to the following countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands,
Portugal, Poland, Norway, Romania, Slovakia, Slovenia, Spain, Sweden.
5.3. Acquisition of ownership. You will become the owner of the goods we deliver to you
by taking possession of the goods, but not before you have paid the full price.
5.4. Delivery time. The agreed time for delivery of goods runs from the conclusion of the
contract. If you are a consumer and the delivery time is not agreed upon, we will deliver the
goods to you without unnecessary delay, but no later than 30 days from the date of the
contract. If the total price is to be paid before the delivery of the goods, the delivery time
starts from the payment of the total price. The goods will be delivered to the designated
location within this period. If you are not a consumer and the goods are to be delivered to
the destination by a carrier, the goods will be handed over to the carrier within this period.
5.5. Acceptance of goods. You are obligated to accept the goods at the agreed time and
place depending on the delivery method. If the goods are to be delivered by a carrier, you
are obligated to accept them upon delivery to the designated location. Pokud zboží
nepřevezmete, vznikne nám právo od smlouvy od odstoupit a právo na zaplacení nákladů
spojených s dodáním zboží, pokud nebyly uhrazeny před dodáním zboží. If we are to deliver
the goods to you again after you fail to accept them, we have the right to charge for the
costs associated with repeated delivery.
5.6. Identity verification upon receipt of goods. If the goods have been paid for before
their delivery, we are entitled to condition the handover of goods on identity verification of
the receiving person based on an identity document.
5.7. Damage to goods during transport to consumers. If you are a consumer, the risk
of damage to the goods passes to you when you take possession of them. If you receive
damaged goods, you are obligated to inform us immediately, preferably:
5.7.1. by email to the e-mail address shop@pokemon4u.eu,
5.7.2. in person at any of our premises,
5.7.3. by phone to our phone number.
If you notice the damage to the shipment upon receipt, you are obligated to inform not only
us but also the carrier upon receipt. You can ask the carrier to unwrap the damaged
shipment before accepting it, and if you find the goods to be damaged, you are not obligated
to accept them from the carrier.
5.8. Damage to goods during transport to businesses. If you are not a consumer and
the goods are to be delivered by a carrier, the risk of damage passes to you upon handover
to the carrier. If there is damage to the goods after the risk has passed, we are not
responsible for it and the damage to the goods does not affect your obligation to pay the
total price and your obligation to accept the goods. If you receive damaged goods, you are
obligated to immediately file a complaint about the damage with the carrier.
5.9. Packaging of goods. Unless otherwise agreed, the goods will be packaged in a
manner suitable for their preservation and protection.
Right to withdraw from the contract
6.1. General conditions about withdrawal from the contract. By withdrawing from the
concluded contract, the contract is nullified from the beginning, and the parties are obliged
to return everything they provided based on the canceled contract. Withdrawal from the
contract also nullifies any dependent gift contract. The right to withdraw from the contract
can be used under the conditions specified in the terms and conditions, or if so specified by
legal regulations.
6.2. Our right to withdraw from the contract. We have the right to withdraw from the
concluded contract at any time from the day the contract is concluded until the moment you
take over the goods, for reasons:
6.2.1. exhaustion of the ordered goods stock,
6.2.2. non-acceptance of goods during its delivery,
6.2.3. abuse of the ordering system of our online store,
6.2.4. providing incorrect information when ordering goods,
6.2.5. ordering goods at a significantly lower price than the usual price, if the goods
were offered at this price as a result of an error or mistake in our online store,
6.2.6. other reasons worthy of special consideration.
6.3. Consumer's statutory right to withdraw from the contract. If you are a consumer,
you have the right to withdraw from the concluded purchase contract within the period of 14
days from the day
6.3.1. receipt of goods,
6.3.2. receiving the last piece of goods, if you order several pieces of goods within
one order that are delivered separately,
6.3.3. receiving the last item or part of the delivery of goods consisting of several
items or parts,
6.3.4. receipt of the first delivery of goods, if a regular delivery of goods is agreed
for a specified period,
6.3.5. conclusion of the contract, if it is another contract.
6.4. Non-ability to withdraw from the contract. You do not have the right to withdraw
from contracts:
6.4.1. for the supply of goods made to your specifications or tailored to your needs,
6.4.2. for the supply of goods in sealed packaging, which are not suitable for return
for health protection or hygiene reasons after you have broken the seal,
6.4.3. for the supply of goods that are perishable or goods with a short shelf life, as
well as goods that have been irreversibly mixed with other goods after delivery,
6.4.4. for services that have been fully provided,
6.4.5. others, as specified by law.
6.5. Method of withdrawal from the contract. If you have the right to withdraw from the
contract and you wish to do so, you can do it in the form of a unilateral legal act, which you
will deliver to us, preferably by
6.5.1. by filling out the template form for withdrawal from the contract, which is an
annex of the Terms and Conditions and sending it
6.5.1.1. by mail to the address our seat,
6.5.1.2. by email to the e-mail address shop@pokemon4u.eu;
6.5.2. in person at any of our premises.
6.6. Compliance with the deadline. If you are a consumer, to comply with the deadline
for withdrawal from the contract, it is sufficient if you send us the withdrawal on the last day
of the period specified for withdrawal from the contract.
6.7. Returning goods after withdrawal from the contract. If you withdraw from the
contract, you are required to return the goods to us at your expenses preferably
simultaneously with the withdrawal from the contract, no later than 14 days after the
delivery of the withdrawal and preferably
6.7.1. by shipping the goods to the address our seat,
6.7.2. in person at any of our premises.
You must return the goods undamaged, uncontaminated, unused, and not showing signs of
wear, including all accessories and documentation, if possible in the original packaging. You
are also required to return to us all gifts and bonuses that you have received on the basis of
the canceled contract.
6.8. Refund after withdrawal from the contract. If you as a consumer withdraw from
the contract, we will refund the paid funds to you within 14 days after the delivery of the
withdrawal from the contract, but not before you return the goods to us or prove that you
have shipped the goods to us. We will refund the paid shipping costs to you only in the
amount corresponding to the cheapest comparable method of delivery that we offer. If there
is a reduction in the value of the returned goods as a result of handling them differently than
necessary to become acquainted with their nature, characteristics, and functionality, the
refunded amount will be reduced by the amount by which the value of the goods has
decreased. We will refund the money to you in the same manner in which we received it
from you, or another method that we agree upon, as long as it does not incur additional
costs for you.
Complaints of defects of goods defects by consumers
7.1. Scope. This section of the terms and conditions applies to you only if you are a
consumer, and regulates our liability for product defects.
7.2. Claim period. You can claim a defect that manifests within 2 years for new goods and
within 1 year for used goods, from the date of receipt of the goods.
7.3. Our responsibility for product defects. We are responsible for ensuring that the
goods are free from defects upon receipt. Especially, we are responsible for ensuring that
the product
7.3.1. matches the agreed description, type, and quantity, as well as quality,
functionality and other agreed-upon properties,
7.3.2. is suitable for the purpose you require, if we have agreed to it,
7.3.3. is delivered with agreed-upon accessories and usage instructions, including
assembly or installation guide.
7.4. Additionally, we are responsible for ensuring that, in addition to the agreed-upon
properties, the product meets the following requirements; this does not apply if we warned
you before the contract was made that certain properties of the product differ, and you
agreed to it:
7.4.1. suitable for the purpose that goods of this type are usually used for, even
considering third-party rights, legal regulations, technical standards, or industry
codes of conduct, if there are no technical standards,
7.4.2. in quantity, quality, and other properties, including lifespan, functionality,
compatibility, and safety, meets the usual properties of goods of the same type that
you can reasonably expect, even considering any public statements made by us or
another person in the same contractual chain, especially in advertising or labeling;
we are not bound by public statements if we were not aware of them or if they were
modified in a comparable manner to how they were made at the time the contract
was made, or could not have influenced the purchase decision,
7.4.3. is delivered with accessories, including packaging, assembly instructions, and
other usage instructions that you can reasonably expect, and
7.4.4. matches in quality or execution the sample or model that we provided you
with before the contract was made.
7.5. Limitation of liability. We are not responsible to you
7.5.1. for wear and tear of the goods corresponding to the extent of their previous
use,
7.5.2. for used goods for a defect corresponding to the extent of use or wear and
tear, which the goods had upon receipt,
7.5.3. for consumable goods with a marked minimum durability period and for
perishable goods with a marked period of usability, for the unusability of the goods
after the expiry of the marked period,
7.5.4. if you caused the defect yourself.
7.6. Time for exercising rights. You are obligated to inspect the goods as soon as possible
and and make sure of their properties and quantity. Your right of liability for defects must be
claimed with us without unnecessary delay, as soon as you can detect defects, and that
within the complaint period.
7.7. Right to rectify defects. If the goods have a defect, you have the right to free
rectification of the defect, either by delivering new goods without defects or by repairing the
goods. You do not have the right to choose the method of rectifying the defect if the method
you choose is impossible or disproportionately expensive compared to the other method.
7.8. Right to a reasonable discount and withdrawal from the contract. If we refuse to
rectify the defect or do not rectify it, or if the defect reoccurs, or is a significant breach of
the contract, or if it is apparent from our statement or circumstances that the defect will not
be rectified in a reasonable time or without significant inconvenience for you, you may
request a reasonable discount or withdraw from the contract. You do not have the right to
withdraw from the contract if the defect is insignificant.
7.9. Method of complaint. If you want to exercise your right of liability for defects, you
can do so best:
7.9.1. by sending the goods to the address of our seat,
7.9.2. in person at any of our premises,
7.9.3. if another person is designated in the warranty certificate or other document,
on the goods packaging, or in our online store for liability for defects, with this
person.
7.10. Requirements for making a claim. The goods must be returned to us in a condition
that allows the assessment of the legitimacy of the claim, especially it is not possible to
return the goods excessively dirty. When making a claim, it is necessary:
7.10.1. to prove that the goods were purchased from us,
7.10.2. to state what defect you are claiming and how you wish the claim to be
handled. The desired method of claim handling cannot be changed subsequently
without our consent.
7.11. Handling of the claim. Your claim will be handled within a reasonable time, no later
than 30 days from the date the claim was made. You will be notified within this period about
the handling of your claim, and the goods will be returned to you in the same manner as
they were submitted during the claim process. If the claim is not handled on time, you have
the right to withdraw from the contract or request a reasonable discount on the price. If
your claim is recognized, the time for reporting defects is extended by the time it took us to
handle your claim.
7.12. Reimbursement of the claim expenses. In case of a claim, you are entitled to
reimbursement of necessary expenses that were reasonably incurred when exercising the
right to claim product defects. If the claim is rejected, we are entitled to reimbursement of
the necessary costs incurred in returning your goods.
7.13. Claim confirmation. When exercising the right to claim product defects, we will
issue you written confirmation of when you exercised this right, what the claim involves, and
what type of handling you request, as well as confirmation of the date and method of
handling the claim, including confirmation of any repairs and their duration, or written
justification for rejecting the claim.
7.14. Extended quality warranty. Beyond your legal rights, you may be offered an
extended quality warranty for the goods. This arises from a statement by the warranty
provider, which may also be made in advertising, that they will satisfy you beyond your legal
rights if the goods do not have the properties stated in the warranty statement. Rights
arising from the extended quality warranty and conditions for its exercise are governed by
the statement of the warranty provider. If the warranty provider guarantees that the goods
will retain their function and performance for a certain period during normal use, or if the
product packaging specifies a warranty period or period of usability, then you have the right
to at least receive new goods without defects or their repair.
Complaints of defects by businesses
8.1. Scope. This section of the terms and conditions applies to you only if you are not a
consumer and regulates our liability for product defects.
8.2. Our liability for defects. We will deliver the goods to you in the agreed quantity,
quality, and design. If the quality and design are not agreed upon, we will provide you with
goods suitable for the purpose evident from the contract; otherwise, for the usual purpose. If
the quantity is determined approximately, we will determine the exact quantity. In case the
goods have a defect when the risk of damage passes to you, we are responsible for it. This
does not apply if the defect could have been identified with usual attention at the time of the
contract.
8.3. Limitation of liability. We are not responsible to you
8.3.1. for goods sold at a reduced price for a defect, for which the lower price was
agreed,
8.3.2. for wear and tear caused by its normal use,
8.3.3. for used goods for a defect corresponding to the degree of use or wear and
tear that the goods had at the time of acceptance,
8.3.4. for defects that particularly arise from the nature of the goods, especially if
they are consumable and perishable,
8.3.5. for defects that you knew about before accepting the goods,
8.3.6. for defects that you caused yourself.
8.4. Time for exercising your rights. You are obliged to inspect the goods as soon as
possible and verify their characteristics and quantity. You are obliged to assert your rights
for liability for defects without unnecessary delay, as soon as you can identify them. At the
latest, you may assert your rights within 6 months, or in case of hidden defects within 2
years, from the day we deliver the goods to you. Otherwise, your rights from liability for
defects will be forfeited and will not be granted.
8.5. Your rights in case of a significant breach of contract. If the defect constitutes a
significant breach of contract, you have the right to:
8.5.1. to have the defect rectified by delivering new goods without defects or by
delivering the missing goods,
8.5.2. to have the defect rectified by repairing the goods,
8.5.3. to receive an appropriate discount on the purchase price, or
8.5.4. to withdraw from the contract.
A significant breach of contract is considered to be the delivery of goods with such a defect
that we must have already known about at the moment of concluding the contract; if you
had anticipated it, you would not have entered into the contract with us. In other cases, the
breach of contract is considered to be insignificant. If you do not notify us of the chosen
right, you have the rights as in the case of an insignificant breach of contract.
8.6. Your rights in the case of an insignificant breach of contract. If the defect is an
insignificant breach of contract, you have the right to:
8.6.1. have the defect removed,
8.6.2. receive an appropriate discount on the purchase price.
If you do not notify us of the chosen right, we can fix the defect by repairing the goods,
delivering new goods, or delivering what we have not supplied to you. The chosen right
cannot be changed later without our consent.
8.7. Impossibility of requesting contract withdrawal and delivery of new goods. If
you cannot return the goods in the condition in which you received them, you cannot
withdraw from the contract or request the delivery of new goods. This does not apply if:
8.7.1. the condition changed as a result of an inspection to identify the defect in the
goods,
8.7.2. you used the goods before discovering the defect,
8.7.3. you did not make it impossible to return the goods in an unchanged condition
by action or omission, or
8.7.4. you sold the goods before discovering the defect, consumed them, or altered
them during normal use; if this is the case only partially, you will return what you
can and compensate us for the remaining value.
8.8. Method of making a claim. If you wish to exercise your right of liability for defects,
you can do so:
8.8.1. by sending the goods to the address our seat,
8.8.2. in person at any of our establishments,
8.8.3. if a different person designated for the liability of defects is mentioned in the
warranty certificate or other document, on the goods' packaging, or in our online
store.
8.9. Particulars of the complaint. The goods must be returned to us in a condition that
allows for the assessment of the validity of the claim, in particular, it is not possible to
return the goods that are excessively soiled. When making a claim, you need to:
8.9.1. provide proof that the goods were purchased from us,
8.9.2. indicate the defect you are claiming and how you wish the claim to be
handled. The desired method of handling the claim cannot subsequently be changed
without our consent.
8.10. Handling of the claim. Your claim will be processed without unnecessary delay, but
no later that within 45 days. The goods will be returned to you in the same manner they
were given to us during the claim process. If your claim is accepted, the period for asserting
your rights from liability for defects is extended by the time it took us to process your claim.
8.11. Reimbursement of the expenses of the complaint. In the event that your claim is
accepted, you have the right to reimbursement of necessary expenses that were reasonably
incurred when exercising the right to liability for defects in the goods. In the event that the
claim is rejected, we have the right to reimbursement of necessary expenses incurred in
returning your goods.
8.12. Extended quality warranty. Beyond your statutory rights, an extended quality
warranty for the goods may be provided. This arises from the warranty provider's statement,
which can also be made through advertising, that they will satisfy you beyond your statutory
rights for defective performance, should the goods not have the properties stated in the
warranty declaration. Rights arising from the extended quality warranty and the conditions
for its application are governed by the warranty provider's statement. If the warranty
provider guarantees that the goods will retain their functions and performance for a certain
period during regular use, or if the product's packaging indicates a warranty period or
usability period, then you have at least the right to receive new goods without defects or
their repair.
Attachments
Notice of withdrawal from the contract
Addressee:
Václav Polnický,
based in Boleslavská 111, 50743 Sobotka, the Czech Republic,
ID number 87467101
I/we hereby notify *) that I/we hereby withdraw *) from the contract for the purchase of
these goods *) / for the provision of these services *):
The number of the order (optional, for faster processing of the request):
The date of the order *) / the date of reception *):
The name and surname of the consumer/consumers:
The address of the consumer/consumers:
The date:
The signature of the consumer/consumers (only if this form is sent in paper form):
(*) Delete where not applicable or add details.