Terms and conditions effective from 1.11.2024
- 1. Introductory Provisions
- 2. Conclusion of the Purchase Agreement
- 3. Price of Goods and Payment Terms
- 4. Withdrawal from the Purchase Agreement
- 5. Transport and Delivery of Goods
- 6. Rights from Defective Performance
- 7. Additional Rights and Obligations of the Contracting Parties
- 8. Personal Data Protection
- 9. Sending Commercial Communications and Storing Cookies
- 10. Delivery
-
11. Final Provisions
The legal entity Dacony s.r.o.
Registered office: Habrmanova 295/16, 500 02 Hradec Králové 2
Company identification number: 28766946
Tax identification number: CZ28766946
The company is registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 26240.
For the sale of goods via the online store located at the following internet address:
www.dacony.com
1. Introductory provisions
1.1 These terms and conditions of Dacony s.r.o., with its registered office at Habrmanova 295/16, 500
02 Hradec Králové 2, company ID: 28766946, registered in the Commercial Register maintained by the Regional
Court in Hradec Králové, Section C, File 26240 (hereinafter referred to as the "Seller") (hereinafter
referred to as the "Terms and Conditions") regulate, in accordance with §1751 paragraph 1 of Act No. 89/2012
Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and
obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter
referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter
referred to as the "Buyer") via the Seller's online store. The online store is operated on the Seller's
website located at www.corazon-sport.cz (hereinafter referred to as the "Website"), through the Website
interface (hereinafter referred to as the "Store Interface"), and includes all relationships arising between
the Seller and the Buyer or the Seller and a customer as a result of operating the Website, including
browsing the Website, protecting personal data, storing and using cookies, delivery, and other relationships
directly related to the operation of the online store.
1.2 These Terms and Conditions apply to purchase agreements where the goods are delivered within the territory
of the Czech Republic, the Slovak Republic, and EU member states.
1.3 The Terms and Conditions do not apply to cases where the person intending to purchase goods from the
Seller is a legal entity or a person acting in the course of their business activities or in the performance
of their profession when placing the order.
1.4 Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement.
Such deviations in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
1.5 The provisions of these Terms and Conditions form an integral part of the Purchase Agreement unless
otherwise agreed in accordance with Article 1.4. The Purchase Agreement and the Terms and Conditions are
prepared in Czech and English. The Purchase Agreement can be concluded in either Czech or English.
1.6 The Seller may amend or supplement these Terms and Conditions. This provision does not affect the
rights and obligations arising during the validity of the previous version of the Terms and Conditions.
Relationships formed under earlier versions of the Terms and Conditions are governed by the respective
version in effect at the time of the agreement's conclusion. The Seller is obligated to retain all versions
of the Terms and Conditions and, in accordance with Directive 2011/83/EU of the European Parliament and
Council, make these versions available for review by the Buyer upon request. .
2. Conclusion of the Purchase agreement
2.1 Any presentation of goods displayed in the Store Interface is for informational purposes only, and the Seller is not obligated to conclude a Purchase Agreement concerning such goods. The provision of �1732 paragraph 2 of the Civil Code shall not apply.
2.2 The Store Interface contains an offer of goods for sale by the Seller. Each offer includes a description of the goods and their characteristics, the final price in Czech currency, including all taxes and fees, availability, delivery costs, and usage instructions, if necessary. The prices include VAT and all associated fees and are valid while displayed in the Store Interface. This provision does not restrict the Seller's ability to conclude a Purchase Agreement under individually negotiated terms.
2.3 The Store Interface also provides information on packaging and delivery costs, which are valid for deliveries within the Czech Republic and Slovak Republic.
2.4 To order goods, the Buyer completes the order form in the Store Interface, containing:
- 2.4.1. Information about the goods ordered;
- 2.4.2. Payment method and delivery details;
- 2.4.3. Packaging and delivery costs.
Additionally, the Buyer must provide identification and contact details, including first name, last name, email, and phone number, for invoicing and communication purposes.
2.5 After completing the order form, the Buyer reviews the final purchase price, which includes the total price of the ordered goods and any associated fees or charges.
2.6 Before submitting the order, the Buyer can review and correct any errors in the data entered. The order is submitted by clicking the "Submit Order" button, after which it is considered correct by the Seller. The Seller will confirm receipt of the order by email sent to the address provided by the Buyer.
2.7 Depending on the nature of the order, the Seller may require additional confirmation from the Buyer (e.g., in writing or by phone).
2.8 An order that has not been made in compliance with these terms and conditions and without the seller's
consent may be rejected by the seller or returned to the buyer for completion, with a reasonable deadline
provided. If this deadline lapses without the necessary corrections being made, the buyer's order will
be considered as never having been delivered.
2.9 The seller is always entitled to request additional confirmation of the order (e.g., in writing or
by phone) from the buyer, depending on the nature of the order (quantity of goods, total purchase price,
anticipated shipping costs).
2.10 A purchase contract is concluded between the seller and the buyer at the moment the seller sends
the buyer an order confirmation (acceptance) via email to the buyer’s specified email address.
2.11 The buyer agrees to the use of remote communication means for concluding the purchase contract. Any
costs incurred by the buyer when using remote communication means in connection with concluding the purchase
contract (e.g., internet connection costs, telephone charges) are to be borne by the buyer, and these
costs do not differ from the basic rate.
3. 3. Price of Goods and Payment Terms
3.1 The buyer can pay the price of goods and any related shipping costs under the purchase contract to
the seller via cashless payment using a payment gateway.
3.2 Along with the purchase price, the buyer is obliged to pay the seller the agreed costs for packaging
and delivering the goods. Unless explicitly stated otherwise, the purchase price includes these costs.
3.3 Goods are sent on a cash-on-delivery basis or after the seller receives full payment from the buyer.
This arrangement may be modified by agreement between the parties to protect the property rights of either
party. The provision of § 2119(1) of the Civil Code does not apply.
3.4 The buyer’s obligation to pay the purchase price is fulfilled when the respective amount is credited
to the seller’s account or paid via cash-on-delivery.
3.5 Until the goods are fully paid for and received by the buyer, they remain the property of the seller.
The risk of damage to the goods transfers to the buyer upon their receipt.
3.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.7 If it is customary in business or required by generally binding legal regulations, the seller will
issue a tax document (invoice) to the buyer regarding payments made under the purchase contract. The seller
is a VAT payer. The tax document (invoice) will be issued by the seller to the buyer after the purchase
price is paid and sent electronically to the buyer’s email address or included with the delivered goods.
.
4. Withdrawal from the Purchase Contract
Form for withdrawal from the contract:
.docx [11,5
kB] | .pdf [73,6
kb]
4.1 The buyer acknowledges that under the provisions of § 1837 of the Civil Code, it is not possible to
withdraw from a purchase contract for the supply of goods that have been customized according to the buyer’s
wishes or specifically tailored for the buyer.
4.2 If the situation described in Article 4.1 of the terms and conditions or another case where withdrawal
from the purchase contract is not permitted does not apply, the buyer has the right, in accordance with
§ 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receiving
the goods. In the case of a contract involving multiple types of goods or delivery of multiple parts,
this period begins on the day the buyer receives the last delivery of goods. The withdrawal from the purchase
contract must be sent to the seller within this period. The buyer may use the standard form provided by
the seller, which is attached to these terms and conditions, to withdraw from the purchase contract. Withdrawal
may be sent to the seller's business address or email address at info@corazon-sport.cz.
4.3 In the event of withdrawal from the purchase contract under Article 4.2 of the terms and conditions,
the contract is terminated from the outset. The goods must be returned by the buyer to the seller within
fourteen (14) days of the seller receiving the notice of withdrawal. If the buyer withdraws from the purchase
contract, the buyer bears the costs associated with returning the goods to the seller, including cases
where the goods cannot be returned by standard postal means due to their nature.
4.4 In the event of withdrawal from the purchase contract under Article 4.2 of the terms and conditions,
the seller will return the monetary funds received from the buyer within fourteen (14) days of the withdrawal.
The seller may return the funds earlier, provided that the buyer has returned the goods or provided proof
of dispatch. If the buyer agrees, the seller may return the funds in a different manner without incurring
additional costs for the buyer. The seller is not obligated to return the funds before the goods are received
or proof of dispatch is provided by the buyer.
4.5 The seller is entitled to unilaterally offset any claim for damages to the goods against the buyer's
claim for a refund of the purchase price. The seller must notify the buyer of this offset, and the buyer
may dispute it within fifteen (15) days of receiving the notification.
4.6 In cases where the buyer has the right to withdraw from the purchase contract under § 1829(1) of the
Civil Code, the seller also has the right to withdraw from the purchase contract at any time before the
buyer takes possession of the goods. In such a case, the seller will refund the purchase price to the
buyer without delay, using cashless transfer to the buyer’s specified account.
4.7 If a gift is provided to the buyer along with the goods, the gift agreement between the seller and
the buyer is concluded with a termination condition. If the buyer withdraws from the purchase contract,
the gift agreement becomes void, and the buyer is obliged to return the provided gift along with the goods.
5. Transportation and delivery of Goods
5.1 If the method of delivery is agreed upon at the buyer’s special request, the buyer assumes the risk
and any additional costs associated with this delivery method.
5.2 If the seller is obligated under the purchase contract to deliver goods to a location specified by
the buyer in the order, the buyer is required to accept the goods upon delivery.
5.3 If goods need to be redelivered or delivered using a method different from that specified in the order
due to reasons attributable to the buyer, the buyer must cover the costs of repeated delivery or the alternative
delivery method.
5.4 Upon receiving the goods from the carrier, the buyer must inspect the packaging for any damage and
immediately notify the carrier of any defects. If the packaging shows signs of unauthorized tampering,
the buyer is not obliged to accept the shipment from the carrier. By signing for or otherwise accepting
the goods, the buyer confirms that the shipment was intact, and no later claims regarding damage to the
packaging will be considered.
5.5 Additional rights and obligations regarding the transportation of goods may be governed by specific
delivery terms issued by the seller, if applicable.
6. Rights for Defective Performance
6.1 The rights and obligations of the contracting parties concerning defective performance are governed
by applicable general legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to
2117, and §§ 2161 to 2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection,
as amended).
6.2 The seller guarantees to the buyer that the goods are free from defects at the time of receipt. Specifically,
the seller guarantees that at the time the buyer receives the goods:
6.2.1 the goods have the characteristics agreed upon by the parties, or, in the absence of an agreement,
have the characteristics that the seller or manufacturer described or that the buyer expected based on
the nature of the goods and advertising,
6.2.2 the goods are suitable for the purpose specified by the seller or for the usual purpose of such
goods,
6.2.3 the goods conform in quality or design to the agreed-upon sample or model, if quality or design
was determined according to an agreed sample or model,
6.2.4 the goods are in the appropriate quantity, size, or weight, and
6.2.5 the goods comply with legal regulations.
6.3 The provisions of Article 6.2 of the terms and conditions do not apply to goods sold at a lower price
due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods
with defects corresponding to the level of use or wear at the time of receipt by the buyer, or if this
is due to the nature of the goods.
6.4 Under § 2161(5) of the Civil Code, if a manufacturing defect manifests itself within one year of receipt,
it is presumed that the goods were defective at the time of receipt. If a manufacturing defect occurs
within twenty-four (24) months of receipt, the buyer is entitled to claim rights for defects in consumer
goods within this period. This does not apply to defects that are covered by a specified minimum shelf
life, in which case the buyer may claim a defect only if it manifests within the minimum shelf life as
per § 2167(d) of the Civil Code. If the buyer fails to report the defect without undue delay after it
could have been discovered through timely inspection and proper care, the court will not grant rights
for defective performance.
6.5 The buyer exercises rights for defective performance with the seller at the seller's business premises,
where acceptance of the complaint is possible given the assortment of goods, or at the seller's headquarters
or place of business. Complaints may also be sent via letter, email, or phone to the contact details provided
in Article 11.6 of these terms and conditions. The complaint is considered filed at the moment the defect
is reported (claimed) and the buyer exercises their right for defective performance with the seller.
6.6 Additional rights and obligations related to the seller's liability for defects may be governed by
the seller’s complaint policy.
6.7 The buyer must file a complaint without undue delay after discovering the defect or after they should
have or could have discovered it. To support the complaint, the buyer must provide proof of purchase,
such as an invoice, purchase contract, or order confirmation. If the buyer cannot provide such documents,
they must demonstrate the conclusion of the purchase contract by other means, such as witness testimony,
a bank statement, or internal records of the seller regarding the sale.
6.8 If defective performance constitutes a material breach of contract by the seller, the buyer has the
right to choose one of the following:
6.8.1 free removal of the defect through repair,
6.8.2 replacement of the defective item or delivery of a missing item; if the defect relates only to a
part of the item, the buyer may request the replacement of that part,
6.8.3 a reasonable discount on the purchase price, or
6.8.4 a refund of the purchase price upon withdrawal from the contract.
6.9 The buyer must notify the seller of their choice when reporting the defect or without undue delay
thereafter. The buyer may only change their chosen option with the seller’s consent unless the defect
proves to be irremovable after repair has been requested. If the seller fails to remedy the defect within
a reasonable time or informs the buyer that the defect will not be remedied, the buyer may request a reasonable
discount on the purchase price or withdraw from the contract. If the buyer fails to choose their right
in time, they will have rights as in the case of an immaterial breach of contract.
6.10 In the case of a defect that constitutes an immaterial breach of contract, the buyer is entitled
to have the defect remedied or to a reasonable discount on the purchase price, according to §§ 2107 and
following of the Civil Code.
6.11 The buyer has the right to a replacement or a part exchange even for a removable defect if the item
cannot be used properly due to recurring defects after repair or due to a greater number of defects. In
such cases, the buyer also has the right to withdraw from the contract.
6.12 Complained goods must be packed appropriately, clean, and complete.
6.13 The seller will resolve the complaint, including removing the defect, within 30 days of the complaint
being duly filed unless the parties agree in writing on a longer period. After this period, the buyer
has the same rights as in the case of a material breach of contract.
6.14 The seller will inform the buyer about the resolution of the complaint via the email address provided
by the buyer in the order form or during the complaint process.
6.15 The seller is not liable for defects caused by normal wear and tear or failure to follow the instructions
for use.
6.16 The buyer cannot claim warranty rights if the defect was caused by external events after the risk
of damage passed to the buyer.
7. Additional Rights and Obligation of Contracting Parties
77.1. The buyer acquires ownership of the goods by paying the full purchase price.
7.2. The seller is not bound by any codes of conduct in relation to the buyer, as defined by Section 1826(1)(e)
of the Czech Civil Code.
7.3. The seller handles consumer complaints via the email address: info@corazon-sport.cz. The seller will
inform the buyer about the resolution of their complaint via the buyer’s provided email address.
7.4. The Czech Trade Inspection Authority, headquartered at Gorazdova 1969/24, 120 00 Prague 2, ID No.:
000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer
disputes arising from the purchase contract. The platform for online dispute resolution, located at https://ec.europa.eu/consumers/odr,
can also be used to resolve disputes between the seller and the buyer arising from the purchase contract.
7.5. The European Consumer Centre Czech Republic, headquartered at Gorazdova 1969/24, 120 00 Prague 2,
internet address: https://www.evropskyspotrebitel.cz, serves as a contact point under 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 (ODR Regulation).
7.6. The seller is authorized to sell goods under a trade license. Trade license inspections are conducted
by the relevant Trade Licensing Office within its jurisdiction. Oversight of personal data protection
is conducted by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises
compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.
7.7. The buyer assumes the risk of a change in circumstances pursuant to Section 1765(2) of the Czech
Civil Code.
8. Personal Data Protection
8.I. Basic Provisions
8.I.1. The data controller, as defined by Article 4(7) of Regulation (EU) 2016/679 of the European Parliament
and of the Council on the protection of natural persons concerning the processing of personal data (GDPR),
is Corazon Sport s.r.o., ID No. 27499715, with its registered office at Habrmanova 295/16, Hradec Králové
500 02 (hereinafter referred to as the "Controller").
8.I.2. The Controller’s contact details are: Habrmanova 295/16, Hradec Králové 500 02, email: info@corazon-sport.cz,
phone: +420 608 140 994.
8.I.3. Personal data refers to all information about an identified or identifiable individual. An identifiable
individual is one who can be identified directly or indirectly, particularly by reference to an identifier
such as a name, identification number, location data, online identifier, or one or more specific factors
of physical, physiological, genetic, mental, economic, cultural, or social identity.
8.I.4. The Controller has not appointed a Data Protection Officer.
8.II. Sources and Categories of Processed Personal Data
8.II.1. The Controller processes personal data you have provided or data obtained through the
fulfillment of your order.
8.II.2. The Controller processes your identification and contact details and information necessary for
fulfilling the contract.
8.III. Legal Basis and Purpose of Personal Data Processing
8.III.1. The legal basis for personal data processing includes:
Performance of a contract between you and the Controller, pursuant to Article 6(1)(b) GDPR.
Your consent for direct marketing purposes (e.g., sending newsletters), pursuant to Article 6(1)(a) GDPR
and Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, if no purchase was
made.
Registration on the website www.dacony.com.
8.III.2. The purpose of data processing is to fulfill your order and enforce rights and obligations arising
from the contractual relationship. Personal data essential for completing an order (name, address, contact
details) is required; without this, the contract cannot be concluded or fulfilled.
(Continued below due to length)
8.IV. Data Retention Period
8.IV.1. The Controller retains personal data for the period necessary to exercise rights and obligations
arising from the contractual relationship and to enforce claims from these relationships (15 years from
the termination of the contractual relationship).
8.IV.2. After this period, the Controller deletes the personal data.
8.V. Recipients of Personal Data (Controller's Subcontractors)
8.V.1. Recipients of personal data include entities:
Involved in delivering goods/services or processing payments under the contract.
Providing e-shop operation services and related support services.
Providing marketing services: Google Analytics, Google Ads, Facebook, Seznam, Heureka.
Financial institutions such as Fio banka a.s. or other banks for financial transactions.
Providing accounting services under a contract.
8.V.2. The Controller does not intend to transfer personal data to a third country (outside the EU) or
an international organization.
8.V.3. The Controller archives all data processing agreements.
8.VI. Your Rights
8.VI.1. Under GDPR, you have the following rights:
Right to access your personal data (Article 15 GDPR).
Right to rectify inaccurate personal data (Article 16 GDPR) or restrict processing (Article 18 GDPR).
Right to erasure ("right to be forgotten") (Article 17 GDPR).
Right to object to processing (Article 21 GDPR).
Right to data portability (Article 20 GDPR).
Right to withdraw consent to processing in writing or electronically at the Controller’s contact address
or email listed in Section III.
8.VI.2. You also have the right to lodge a complaint with the Office for Personal Data Protection if you
believe your data protection rights have been violated.
8.VII. Conditions for Securing Personal Data
8.VII.1. The Controller declares that it has implemented all appropriate technical and organizational
measures to secure personal data.
8.VII.2. The Controller has implemented technical measures to secure data storage and physical personal
data storage, including locks, passwords, firewalls, and antivirus software.
8.VII.3. The Controller declares that access to personal data is restricted to authorized persons.
8.VIII. Final Provisions
8.VIII.1. By submitting an order via the online form, you confirm that you have read and agree with the
personal data protection conditions in their entirety.
8.VIII.2. You agree to these conditions by checking the consent box in the online form. By doing so, you
confirm you have read and accept the personal data protection conditions.
8.VIII.3. The Controller reserves the right to modify these conditions. Any new version of the personal
data protection conditions will be published on its website.
9. Sending Commercial Communications and Storing Cookies
9.1. The buyer agrees to receive information related to the goods, services, or business of the seller
at the buyer’s email address and further consents to receiving commercial communications from the seller
at the buyer’s email address. The seller fulfills its information obligation toward the buyer under Article
13 of the GDPR regarding the processing of the buyer’s personal data for the purpose of sending commercial
communications through a separate document.
9.2. The buyer consents to the storage of cookies on their computer. If it is possible to make a purchase
on the website and fulfill the seller's obligations under the purchase contract without storing cookies
on the buyer's computer, the buyer may withdraw their consent at any time.
10. Delivery
10.1. Communication with the buyer, including correspondence related to these terms and conditions or
other legal matters concerning the operation of the e-shop, may be delivered to the buyer’s email address
provided in the order form.
11. Final Provisions
11.1. If the contractual relationship established by the purchase contract contains an international (foreign)
element, the parties agree that the relationship shall be governed by Czech law.
11.2. The choice of law under Article 11.1 of these terms and conditions does not deprive the consumer
of the protection provided by provisions of the legal order that cannot be contractually deviated from
and that would apply in the absence of a choice of law under Article 6 of Regulation (EC) No 593/2008
of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations
(Rome I).
11.3. Any interpretation of rights shall always favor the consumer in accordance with the general principles
established in Directive 2011/83/EU, implemented into Czech law.
11.4. The purchase contract, including these terms and conditions, is archived electronically by the seller
for a period of 5 years and is available upon request by the buyer.
11.5. An annex to the terms and conditions includes a sample withdrawal form.
11.6. Seller’s contact details: Delivery address: Habrmanova 295/16, 500 02 Hradec Králové 2, Email: info@dacony.com,
Phone: +420 608 140 994
In Hradec Králové, on November 1st 2024