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Terms and Conditions

Terms and Conditionshotovo

footballmania, a.s. with registered office at Komunardů 1039/39, Praha 7, 170 00, identification number: 25596543, listed in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 161941 (hereinafter referred to as "Seller") for the sale of goods through an online shop located at the Internet address www.fnshp.cz.

Introductory provisions
1. These terms and conditions (hereinafter referred to as "terms and conditions") regulate in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., of the Civil Code, as amended (hereinafter referred to as "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at the internet address www.fnshp.cz (hereinafter referred to as "Website"), through the website interface (hereinafter referred to as "the shop’s web interface").
2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who in ordering goods acts in the course of his/her business or in the course of his/her independent exercise of his/her profession (and is therefore not a consumer within the meaning of the Civil Code).
3. Provisions deviating from the terms and conditions may be arranged in the Purchase Agreement. Any deviating provisions arranged in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
4. The provisions of these terms and conditions are an integral part of the Purchase Agreement.
5. An integral part of the Purchase Agreement are also the provisions of special terms and conditions, by which the Seller regulates the conditions of sale of certain groups of goods, the use of special sales promotions or other deviations from these terms and conditions. The provisions of the Special Terms and Conditions shall prevail over the provisions of these Terms and Conditions.
User account
1. Based on the Buyer's registration made on the website, the Buyer can access their user interface. The Buyer can order goods from their user interface (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the shop’s web interface.
2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
4. The Buyer is not entitled to allow third parties to use the user account.
5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than six (6) months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Seller or third parties.
Conclusion of the Purchase Agreement
1. All presentation of the goods placed in the shop’s web interface, including photographs, is or may be of an informative nature only and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732 paragraph 2 of the Civil Code shall not apply.
2. The shop’s web interface contains information about the goods. Unless otherwise stated, prices of goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop’s web interface. This provision does not restrict the seller's ability to conclude the Purchase Agreement on individually agreed terms.
3. The Buyer acknowledges that a situation may arise where, due to software failure or human error, the price of goods is displayed on the web interface which is apparently unusually low without justification, e.g. an ongoing discount promotion or otherwise. The Seller is entitled to withdraw from the Purchase Agreement if the Buyer ordered the goods at the price according to the previous sentence, even if the goods have already been delivered to the Buyer.
4. The shop’s web interface also contains information about the costs associated with the delivery of goods or the chosen payment method. This information applies only in cases where the goods are delivered within the territory of the Czech Republic or Slovakia.
5. To order goods, the Buyer fills in the order form in the shop’s web interface. The order form contains information about:
  - ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the shop’s web interface),
  - the method of payment of the purchase price of the goods, the required method of delivery of the ordered goods and
  - the costs associated with the delivery of the goods, the chosen payment method, if applicable, and
  - individual modification of the goods according to the customer's requirements (especially printing) and the price of this modification
    (hereinafter collectively referred to as "order").
6. Before sending the order to the Seller, the Buyer is allowed to check and change the data he/she has entered in the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The information provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "Buyer's e-mail address").
7. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
8. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's e-mail address.
9. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer himself/herself, while these costs do not differ from the basic rate.
Price of goods and payment terms
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
  - in cash or by credit card at the seller's premises (this option may not always be available - information in the shop’s web interface);
  - in cash or (according to the possibilities of the chosen carrier) by credit card on delivery at the place specified by the Buyer in the order;
  - cashless via the GoPay payment gateway system.
2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with delivery, payment, modification of the goods and other related costs in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods
3. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable within three (3) days from the conclusion of the Purchase Agreement.
4. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.7), to demand payment of the full purchase price before the goods are sent to the Buyer. The same applies if the Buyer orders goods individually tailored to his/her needs (especially printing). Section 2119 paragraph 1 of the Civil Code shall not apply.
5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. The Buyer is obliged to check entitlement to the discount before sending the order. The discount cannot be claimed retrospectively.
6. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller sends the tax document (invoice) to the Buyer in electronic form to the Buyer's e-mail address.
7. Only cash payment received upon personal receipt at the seller's premises is recognised as a recorded sale according to the Sales Records Act. In this case, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator immediately online; and in case of technical failure, within 48 hours at the latest.
Withdrawal from the Purchase Agreement
1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, or from a Purchase Agreement for the supply of perishable goods, such as goods which, after delivery, have been irretrievably mixed with other goods, or from a Purchase Agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, or from a Purchase Agreement for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Agreement cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, where the subject of the Purchase Agreement is several types of goods or the 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 within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer can use the sample form provided by the Seller, which is an annex to these terms and conditions. The Buyer may send the withdrawal from the Purchase Agreement to the Seller's business address or to the Seller's e-mail address indicated on the website.
3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller.
4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer when the Buyer returns the goods, or in another way if the Buyer agrees to this and it does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him/her or proves that he/she has sent the goods to the Seller. The Buyer also has the legal right to a refund of the paid shipping costs.
5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes receipt of the goods. In this case, the Seller shall return the purchase price, if already paid, to the Buyer without undue delay, by way of bank transfer to the account designated by the Buyer.
7. Notification of order cancellation sent to the Buyer's e-mail address is considered a withdrawal from the Purchase Agreement by the Seller.
8. If a gift, discount, or other benefit (e.g. bonus, 3 for the price of 2, etc.) is given to the Buyer together with the goods, the agreement on the provision of such gift, discount or other advantage between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement (even partially), the agreement on the provision of the gift, discount or other advantage ceases to be effective and the Buyer is obliged to return them, if possible, or to refund the Seller their price in money, if the return is not feasible by the nature of the items in question.
9. The Seller is also entitled to withdraw from the Purchase Agreement if it was concluded under obviously unfavourable conditions due to human or technical failure (e.g. zero or obviously meaningless price of the goods, invalid or already used payment voucher or discount coupon, etc.), if it must have been obvious to the Buyer at the time of conclusion of the Purchase Agreement that the conditions offered by the Seller were unreasonably unfavourable for the Seller.
Transport and delivery of goods
1. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept receipt of the goods upon delivery.
3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
4. In the case of personal collection of goods in the Seller's establishment (shop), the Seller sends the Buyer a unique code (PIN), known only to the Buyer. The goods will then be handed over to the person who knows the order number and PIN. The Seller will not verify the identity of this person - the goods are deemed to have been accepted by the Buyer at the moment when the Seller's employee hands them over to the person who knew the order number and PIN, even if the goods have not subsequently come into the Buyer's possession.
5. The Seller shall inform the Buyer who ordered the goods for personal collection at the Seller's premises of the deadline for collection, which shall not be shorter than three working days. If the Buyer does not collect the goods within the specified period, the Seller is entitled to withdraw from the Purchase Agreement or send the goods to the Buyer's address at his/her expense.
6. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier. The provisions of this paragraph also apply to personal collection of goods at the Buyer's premises.
7. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
Rights concerning defective performance
1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes delivery of the goods:
  1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of any advertising the goods are subject to.
  2. the goods are fit for the purpose stated by the Seller or for which goods of that kind are usually used,
  3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to an agreed sample or specimen,
  4. the goods are in the appropriate quantity, measure or weight; and
  5. the goods meet any legal requirements.
3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect (for which the lower price was agreed), to the wear and tear of the goods caused by their normal use, and in the case of second-hand goods to a defect corresponding to the level of use or wear and tear that the goods had when taken receipt of by the buyer, or if this results from the nature of the goods.
4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
5. The Buyer’s right to make a complaint concerning defective performance is exercised at the address of the Seller's establishment, where the acceptance of the complaint (claim) is possible with regard to the range of goods sold, or alternatively at the Seller’s registered office or place of business.
6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaints regulations.
Other rights and obligations of the parties
1. The Buyer acquires ownership of the goods by paying the full purchase price for the goods.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 paragraph 1 e) of the Civil Code.
3. Consumer complaints are handled by the Seller via the electronic address provided on the website. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's e-mail address.
4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, Internet address: https://adr.coi.cz/cs. is the competent body for out-of-court settlement of consumer disputes arising from a Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Agreement.
5. The European Consumer Centre of the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation concerning online dispute resolution for consumer disputes).
6. The Seller is entitled to sell goods on the basis of holding a valid trade licence. Trade control is carried out within the scope of its competence by the relevant trade licensing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7. The Buyer assumes the risk of a change of circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.
Personal data protection
1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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) (hereinafter referred to as "GDPR") related to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations of this agreement and for the purposes of the performance of the Seller's public obligations by means of a separate document.
Sending commercial communications and storing cookies
1. The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's e-mail address and further agrees to receive commercial communications from the Seller at the Buyer's e-mail address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
2. The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent to cookie storage stated in the previous sentence at any time.
Delivery
1. Certain deliveries may be received at the Buyer's e-mail address.
Vouchers
1. The Seller issues electronic gift vouchers (hereinafter referred to as "Voucher"), which are offered for sale to Buyers.
2. The voucher is valid until the end of the specific football season, i.e. until 30 June of the specified calendar year. In the case of an extension of a given season, the validity of the voucher is not extended unless otherwise specified by the seller.
3. The voucher can only be used to pay the purchase price of the goods. No discounts apply to voucher sales. The value of the voucher cannot be redeemed in cash, but only exchanged for another voucher - the Seller may charge a fee for this exchange.
4. A voucher is not a security if it is issued in physical form, the physical form is merely a carrier of a unique code that represents the voucher itself. Ownership of the voucher does not, therefore, in itself entitle you to use it if the unique code has already been redeemed.
5. Each voucher can only be used once.
Special conditions for the sale of merchandising of AC Sparta Praha football club
1. When selling goods with the logo or other symbol of the AC Sparta Praha football club (hereinafter referred to as "ACS goods"), certain specific conditions resulting from the Seller's relationship with the said club (hereinafter referred to as "ACS") shall apply.
2. Buyers may not purchase ACS goods for resale. This is what the Seller's B2B sales channels are for. The provision of the preceding sentence is of course without prejudice to the right of the Buyer to sell the goods he/she originally purchased for his/her own use.
3. The Buyer understands that Seller's and ACS' information systems are linked under a system called Sparta ID. This system allows the seller to give discounts to buyers who are holders of Sparta ID. ACS is responsible for the operation of the Sparta ID system and the Seller accepts no liability in this respect.
4. Sparta ID holders, as well as other persons who are entitled to a discount on the price of the goods by virtue of their relationship with ACS (e.g. season ticket holders), may receive a discount at the discretion of the Seller, as determined by the Seller in agreement with ACS. This discount depends on the specific type or level of the Buyer's relationship with ACS. The discount depends on the data provided about the Buyer in the Sparta ID system (e.g. membership level, type of season ticket, etc.).
5. The Seller is entitled to exclude certain goods from the discounts provided at its own discretion or to limit the discount provided to it by way of certain conditions (e.g. purchase of other goods). The Seller is entitled to refuse to provide a discount to a particular Buyer if it deems it appropriate due to possible abuse of the discount or for any other reason.
6. Sparta ID holders and other persons entitled to a discount on the price of goods by virtue of their relationship with ACS acknowledge and agree that the Seller may provide ACS or its authorised person with information about their past, present or future purchases. This consent is given without further delay at the moment the person registers and provides the information that gives rise to the right to a discount according to the previous sentence. Consent applies to the disclosure of details of all purchases made by a person under a given registration, whether or not the subject of the purchase is ACS goods.
Final provisions
1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that their legal relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the Buyer, who is a consumer, of the protection afforded by the provisions of the legal system which cannot be contractually deviated from and which would otherwise apply in the absence of a choice of law under Article 6 paragraph 1 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).
2. Unless otherwise stated, the Purchase Agreement may only be concluded in Czech language.
3. If any provision of the Terms and Conditions is, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Buyer.
5. A sample form for withdrawal from the Purchase Agreement is an annex to these terms and conditions.

Prague, 18 November 2020

Terms and Conditionshotovo

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