Terms and conditions for the e-shop
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these terms and conditions (hereinafter referred to as the "Terms and Conditions").
Definition
In these Terms and Conditions.
"E-shop" means a computer program - an Internet application that is available on the Internet through the Internet address www.praguegolfandgames.com or www.deskabar.com, the main functionality of which is the display, selection and ordering of goods by the User;
"Purchase contract" means a purchase contract within the meaning of Section 2079 et seq. of the Civil Code concluded between the Operator as seller and the User as buyer through the E-shop;
"Shopping basket" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
"Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
"Operator" means the company JMNC Golf s.r.o., IČO: 03159396, with registered office at Opatovická 18, Prague 1;
"Access data" means the unique login name and associated password entered by the User in the E-shop database during Registration;
"Registration" means electronic registration of the User in the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and Access data and their subsequent storage in the E-shop database;
"Consumer" means the User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a Contract with the Operator or otherwise deals with him;
"User" means any legal or natural person who uses the E-shop;
"User account" means the part of the E-shop that is established for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
"Goods" means the thing offered by the Operator for sale to the User through the E-shop, and if the Goods are offered, also the license to use this thing;
Information for the Consumer before concluding the contract
The operator concludes contracts, the subject of which is the provision of services, and contracts according to which copyright-protected digital content is supplied on CD/DVD, or another carrier.
Regarding the price of the Goods and the costs of transport and other charges, the following applies:
In the case of license agreements concluded for an indefinite period, the price of the license is negotiated for the entire duration of the license, unless otherwise stated.
The prices of the goods provided, services provided and licensed content are listed on the website including and excluding VAT, including all fees set by law, however the cost of delivering the goods or services varies depending on the chosen method and transport provider and the method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are paid exclusively by the User.
In the event of withdrawal from the contract, the Consumer bears the costs associated with the return of the Goods, and in the case of a contract concluded via a means of distance communication, the costs of returning the Goods, if these goods cannot be returned by the usual postal route due to their nature.
In the event that the subject of the contract will be the delivery of digital content that will not be delivered on a physical medium, the Consumer gives explicit consent to this content being delivered before the expiry of the legal period for withdrawing from the contract.
For withdrawal from the contract, the following applies:
Pursuant to § 1829, paragraph 1 of the Civil Code, the consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the Goods. If the subject of the Purchase Agreement is several types of Goods or the delivery of several parts, this period starts from the date of acceptance of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
Send the withdrawal from the contract at your expense to the Operator at the address Opatovická 18, Prague 1.
The consumer is obliged without undue delay, no later than 14 days from the day on which the Purchase Agreement was withdrawn, to send them back to the Operator or deliver them to the address of the Operator's place of business or headquarters. The deadline is considered to be observed even if the Goods are sent to the Operator no later than the last day of the aforementioned deadline.
The consumer cannot withdraw from the contract:
o the provision of services that the Operator fulfilled with the prior express consent of the Consumer before the expiration of the period for withdrawing from the contract;
about the delivery of an audio or video recording or a computer program, i.e. digital content on a physical medium, if it has violated its original packaging;
about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period;
The consumer is obliged to pay a proportional part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.
If the Consumer withdraws from the Purchase Agreement, he is obliged to provide his bank account number in writing for a refund of the purchase price for the Goods, which may be reduced if the legal reasons for this are met.
If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and/or worn, especially if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer is obliged to compensate the Operator for the costs of restoring the Goods to their original condition.
The form for withdrawing from the Purchase Agreement forms Annex No. 1 of these Terms and Conditions.
The Consumer is liable to the Operator for the reduction in the value of the Goods as a result of handling these goods in a way other than that which is necessary to familiarize yourself with the nature and properties of the Goods in question, including its functionality.
The operator does not use the option of out-of-court handling of consumer complaints. Complaints can be made to a supervisory or state supervisory authority. The Czech Trade Inspection handles out-of-court consumer complaints in the manner and under the conditions established by the relevant legal regulations.
Contract conclusion process
Through the E-shop, the Operator offers Users the conclusion of a Purchase Agreement. The Operator's offer to conclude a Purchase Agreement is the display of a button marked "Buy" in the user interface of the E-shop.
Clicking on the given button labeled "Buy" is deemed to be unconditional acceptance of the Operator's offer to conclude a Purchase Agreement according to paragraph 3.1 of these Terms and Conditions.
By unreserved acceptance of the offer according to paragraph 3.2 of these Terms and Conditions, the Purchase Agreement is concluded.
The contract is concluded at the moment when the electronic information about clicking the button in the sense of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
The user undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular his e-mail address, identification data and possibly the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not authorized to check the data entered.
The Operator will send the User an e-mail message about the conclusion of the Purchase Agreement, to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.
All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
Purchase contract
Upon conclusion of the Purchase Agreement, the following provisions enter into force:
The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by placing them in the Shopping Basket, in the quantity that the User has chosen and/or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the goods in question, the price that is indicated for such Goods in the user environment of the E-shop.
The Operator has the right to withdraw from the Purchase Agreement for any reason or without stating a reason until the moment the Goods are sent to the User. The legal action of the Operator consisting of notifying the User that he cannot deliver the Goods ordered by him is considered a withdrawal from the Purchase Agreement.
The Operator is entitled to ask the User for additional confirmation of the order at any time and until he receives the order confirmation from the User, he is entitled to delay sending the Goods to the User.
The method of packing the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
The User is obliged to pay the Operator the costs associated with the packaging and delivery of the given goods to the User, in the amount specified for the given order in the user interface of the Portal.
The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary payments to the Operator.
If one of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the given payment in the user environment of the E-shop.
In case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol determined by the Operator.
In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of Goods cannot be combined with each other, unless expressly stated otherwise.
The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the costs of the User.
The Operator reserves the right of ownership to the Goods, which are the subject of the Purchase Agreement, until the full payment of the purchase price for the given Goods by the User.
The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All deadlines for the delivery of Goods listed in the user interface of the E-shop are indicative only.
Upon request, the Operator will send the User a tax document - an invoice in electronic form, to the User's email address entered during the order in the E-shop User Environment.
If the Operator provides the User with a gift together with the Goods, the gift agreement between the User and the Operator is concluded with the severance condition that in the event of termination of the Purchase Agreement (e.g. for withdrawal from the Purchase Agreement), the gift agreement shall terminate without further ado from the beginning together with with the Purchase Agreement and the User is obliged to return the gift to the Operator together with the goods.
The Operator provides the User with a warranty for the Goods, if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the specified warranty period, while the warranty thus specified applies only to the Consumer.
The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office or place of business. The moment the claim is made is considered the moment when the Operator receives the claimed Goods from the User.
If, within the user environment of the E-shop, the given Goods are indicated as being used, the User purchases the Goods in used condition, including the stated defects of such Goods.
Risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement. it is transferred to the User, who is a Consumer, at the moment of taking over the given goods by the User.
The risk of loss, damage and/or destruction of the Goods that are the subject of the Contract shall pass to the User who is not a Consumer, at the moment of acceptance of the goods by the User.
User account
The User has the right to establish a User Account by Registration.
The User is obliged to enter Access Data before entering the User Account.
The User's identification data entered during Registration are considered to be the data entered when ordering each Product, which the User makes after logging into his User Account.
The User may not provide Access Data or any other access to the User Account to third parties. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact immediately. The Operator will provide the User with new access data within a reasonable period of time.
In the case of User Registration, the conditions of § 1752, paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; will notify the User of the change through the E-shop and/or by e-mail message to the User's e-mail address entered in the E-shop database. The User has the right to reject changes to the Terms and Conditions within 14 days from the first login to the User account after notification of the change to the Terms and Conditions (if delivery is via the E-shop) or from the delivery of the given e-mail message to the User's e-mail box (if if delivered by e-mail message) and the obligation for this reason to give notice within a period of 14 days, which the contracting parties agree is sufficient to procure similar services from another supplier.
Complaints Procedure
The Operator is responsible to the Consumer that the Goods are free of defects upon receipt.
If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer can only demand the replacement of the given part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
The Consumer has the right to the delivery of new Goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the Goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to the delivery of new Goods without defects or to the replacement of its component or to the repair of the Goods, he may request a reasonable discount. The Consumer has the right to a reasonable discount even in the event that the Operator cannot deliver new Goods without defects, replace its component or repair the Goods, as well as in the event that the Operator does not remedy the situation in a reasonable time or that the provision of the remedy would cause significant difficulties for the Consumer.
The right of defective performance does not belong to the Consumer, if the Consumer knew before taking over the Goods that the Goods had a defect, or if the Consumer himself caused the defect.
The Operator's liability for defects in the Goods does not extend to wear and tear of the Goods caused by their usual use, in the case of Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, in the case of used Goods for a defect corresponding to the degree of use or wear that the Goods had when taken over by the Consumer , or if it follows from the nature of the Goods.
If a warranty is provided for the Goods, the Consumer has the right to claim responsibility for defective performance during the warranty period.
At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, instead of a warranty certificate, it is sufficient to issue the Consumer with a proof of purchase of the Goods containing the information that must contain the information as a warranty certificate. The warranty card must contain the first and last name, name or business name, ID number and registered office of the Operator.
In the event that the Consumer exercises his right to eliminate defects in the Goods by repairing the Goods, for which, for the purposes of warranty repairs,   the designated entrepreneur is different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a location closer to the Consumer, the Consumer will exercise the right to warranty repair at this entrepreneur.
Complaints about Goods, including the removal of defects in the Goods, must be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiration of this period, the Consumer has the same rights as if there had been a material breach of the Agreement.
The expiry of the period for processing the complaint is set in the event that the Operator has not received all the documents necessary for the processing of the given complaint, until such time as the given documents are delivered.
The Operator or an entity designated by him shall, after proper processing of the complaint, invite the Consumer to take over the repaired Goods.
The right to exercise rights due to defects in the Goods expires in the case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular when the Goods are used in conditions that do not match the parameters specified in the documentation for the Goods.
Protection of personal data
The operator is obliged by law to protect and secure the provided personal data. The operator therefore uses various effective security technologies to protect personal data from unauthorized access or use.
More detailed information on personal data protection can be found in the Privacy Policy here: https://www.praguegolfandgames.com/ochrana-osobnich-udaju
Using the E-shop
The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.
The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period of time absolutely necessary for reasons of maintenance or repair of the E-shop or for any other reason on the part of the Operator or a third party.
The user is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate in full for any damages that the Operator or third parties may incur in this way.
In case of   breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
Statement of the Operator
The operator declares that data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator has no obligation to deliver the Goods at the displayed purchase price, he contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is canceled from the beginning.
The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may create a distorting impression as a result of their conversion to display in the User's technical means, therefore the User is obliged to always familiarize himself with the full description of the Goods in question and contact the Operator in case of misunderstanding .
The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contact section.
Electronic records of sales
According to the Sales Registration Act, the seller is required to issue a receipt to the buyer and at the same time is required to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
The User will receive an invoice containing mandatory data and a receipt in accordance with Act No. 112/2016 Coll., on the registration of sales, in the form of a link to download these documents or as an e-mail attachment. Buyer agrees to this.
More information is available on the following website: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky
Applicable law
These Terms and Conditions, as well as the Purchase Agreement, are governed by the law of the Czech Republic, in particular the Civil Code.
Efficiency
These Terms and Conditions enter into force on October 8 2020.