BUSINESS TERMS AND CONDITIONS of Welten Brands sro

Welten Brands sro
Company ID 143 58 701
with registered office at Kollárova 644/10a, Karlín, 186 00 Prague 8, Czech Republic
registered in the Commercial Register kept by the Municipal Court in Prague under file number C 364495
(hereinafter referred to as " Welten Brands sro " or " Seller ")

Introductory provisions

1. These terms and conditions of business of Welten Brands sro (hereinafter referred to as the " Terms ") further regulate the rights and obligations between Welten Brands sro as the seller (hereinafter referred to as the " Seller ") and buyers (hereinafter referred to as the " Buyer ") when selling and purchasing goods from the assortment of Welten Brands sro (hereinafter referred to as the " Goods ").
2. The Terms and Conditions are an integral part of every purchase contract concluded between the Seller and the Buyer for the Goods.
3. The use of any other terms and conditions, in particular those of the Buyer, for purchase contracts concluded between the Seller and the Buyer is excluded.

Definition of basic terms

1. " Consumer " - any person who, outside the scope of their business activities or outside the scope of the independent performance of their profession, concludes a contract with the Seller or otherwise deals with him.
2. " Entrepreneur " - a person who independently carries out gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. An entrepreneur is considered, among other things, for the purposes of consumer protection, any person who concludes contracts related to his own commercial, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur is understood to be a person who acts in accordance with the previous sentence within the framework of his business activity. If the buyer states his identification number in the order, then he acknowledges that the rules specified in the Terms and Conditions for Entrepreneurs apply to him.
3. " Buyer " - Consumer and Entrepreneur.
4. " Goods " – products that are in the Seller's assortment, in particular, but not exclusively, sportswear and equipment for combat sports.
5. " Contracting Parties " - Buyer and Seller

Binding nature of the Terms and Conditions

1. By sending an order for Goods, the Buyer confirms that he has read these Terms and Conditions before concluding the contract and that he expressly agrees with them (in the version valid and effective at the time of sending the order) and undertakes to comply with them.
2. The terms and conditions are available on the Seller's website.

Ordering Goods

1. The Seller displays the Goods on its website welten.cz and the display of the Goods is an offer subject to exhaustion of stocks or loss of ability to fulfill. Buyers order goods:

1. 1. via the Seller's website welten.cz (hereinafter referred to as the " Online Store "),
   2. by email at info@welten.cz ,

according to the Seller's Goods catalogue, which is located on the Seller's website. The Buyer sends a binding order by sending a form with his/her details and the required quantity and size, or color of the Goods by clicking on the "binding order" button in the Online Store interface, or by sending the order to the specified e-mail.

2. In the case of a purchase through the Online Store, a specific purchase contract for the Goods is concluded upon delivery of the order (acceptance) to the Seller, and for the avoidance of doubt, this moment is considered to occur immediately after the Buyer sends the order, i.e. after pressing the "binding order" button. After the Buyer sends the order, the Buyer automatically receives a confirmation e-mail with an overview of the order and information that the order has been accepted into the system.
3. The contract may be concluded in the Czech language, unless the offer is sent by the Buyer to the Seller in another language and the Seller confirms the offer sent in this way.
4. If a gift is provided to the Buyer together with the Goods, the gift agreement between the Seller and the Buyer is concluded with a termination condition that if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the Buyer is obliged to return the provided gift to the Seller together with the Goods.

Delivery conditions, transfer of risk and acquisition of ownership

1. The place of performance is the place where the contracting parties agree on the agreed method of taking over the goods. The seller offers the following methods of delivery of the goods:

1. delivery by a carrier to an agreed location. The goods are delivered to a location designated by the Buyer. Delivery is provided by the Seller through a carrier selected by the Seller at its discretion, and the shipping price will not differ significantly from the regular price for delivery of similar goods. The Buyer is informed about the selected carrier during the creation of the order in the Online Store, and it is possible that the Buyer himself will be able to choose if the Seller offers delivery of the Goods to more than one carrier.
   2. The Seller is not liable for non-delivery or delay in delivery of the Goods caused by inaccurate or incorrect provision of the address of the place of performance by the Buyer.
   3. The Buyer is obliged to take over the Goods at the place of performance without delay. If he fails to do so, he bears all costs of transporting the Goods back to the Seller.
   4. The risk of damage to the Goods passes to the Buyer upon delivery of the Goods by the Seller to the carrier.
   5. Ownership of the Goods passes to the Buyer upon full payment of the purchase price.

Purchase price and payment terms

1. The purchase price of the Goods is listed in the Online Store. Prices in the e-shop are listed in Czech crowns (CZK), but some customers may see the price in euros (EUR) in the payment gateway. However, prices are always charged through the payment gateway in CZK. Prices include VAT, excluding shipping costs.
2. Promotional prices are valid until stocks run out, when the number of pieces of promotional goods is specified, or for a specified period of time.
3. The Seller accepts the following methods of payment for the purchase price:

1. via the GoPay payment gateway operated by GOPAY sro, ID number 260 46 768, with its registered office at Planá 67, České Budějovice. 370 01, whereby the Buyer is obliged to meet all requirements imposed by this service on its users when using this payment method; the purchase price is considered paid on the day when the relevant amount is credited to the Seller's account in the Stripe service;
2. cash on delivery with payment to the carrier;
3. by bank transfer to the Seller's bank account; the purchase price is considered paid on the day the relevant amount is credited to the Seller's bank account.
   4. The purchase price shall always be paid before the Goods are taken over, unless otherwise agreed by the contracting parties. The Goods remain the property of the Seller until the purchase price is paid in full and taken over. The Seller is entitled to demand payment of the purchase price in parts at its discretion (especially in the case of custom-made production of the Goods), as a deposit for the production of the Goods. In the event of non-payment of the entire purchase price, the deposit is not refundable and serves the Seller as reimbursement of the costs incurred for the production of the Goods that the Buyer did not take due to non-payment of the entire purchase price.
   5. The Seller is obliged to issue and hand over to the Buyer a proper tax document together with the Goods.
   6. The Buyer acknowledges that there may be cases where the contract between the Seller and the Buyer is not concluded, in particular if the Buyer orders the Goods at a price published in error due to an error in the internal information system. In such a case, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order. In such a case, the Seller shall inform the Buyer of such fact. This applies in particular to cases where the price of the Goods is incorrect at first glance, or one or more digits are missing from the price of the Goods.

Rights from defective performance and complaints procedure

1. The warranty conditions are governed by applicable law and these Terms and Conditions.
2. The period for exercising rights arising from defective performance begins on the date of receipt of the Goods by the Buyer.
3. A complaint about a detected defect or damage can be made without undue delay by e-mail to the address info@welten.cz or in writing by post to the address of the Seller's registered office.
4. The notification of defects must include: the Buyer's name, address, telephone number, e-mail address, order number, description of the defect, description of its origin and date of discovery of the defect.
5. Defects and damage to the Goods that occur during transport and are transported to the Buyer must be reported by the Buyer either through the delivery service employee who delivers the Goods or to the Seller immediately upon inspection of the Goods after receipt. Other defects (e.g. material or manufacturing) must be reported by the Buyer to the Seller immediately after their discovery (after the Buyer could have discovered them with sufficient care). In the event of failure to fulfill any of the Buyer's obligations, in particular if the Buyer is an Entrepreneur, the Buyer will not be entitled to the right to defective performance under this paragraph.
6. In the event that the Goods have a defect that constitutes a material breach of contract and the Buyer is an Entrepreneur, he has the right to have the defect removed. If the Seller fails to remove the defect in a timely manner, the Entrepreneur may request a discount on the purchase price or withdraw from the purchase contract. However, the Entrepreneur may request withdrawal from the contract at the earliest after the expiry of the period pursuant to Article VII. paragraph 15 of the Terms and Conditions.
7. In the event that the Goods have a defect that constitutes a material breach of contract, the Consumer has the right under the law to:

1. to eliminate the defect by delivering a new item without the defect or by delivering the missing item,
2. to a reasonable discount from the purchase price if the defect cannot be removed,
3. withdraw from the contract if the defect cannot be removed.

When reporting a specific defect, the Buyer is obliged to inform the Seller of which of the above options he has chosen, either immediately or without undue delay. The Buyer may change the chosen option only with the Seller's consent.

8. The Consumer has the right to have the defect removed by delivering a new item or replacing a part even in the case of a removable defect, if the Consumer cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer also has the right to withdraw from the contract.
9. If, during a complaint, the Buyer exercises the right to delivery of a new item or withdrawal from the contract, he must return the Goods including all possible accessories.
10. If the defective performance is a non-material breach of contract, the Consumer has the right:

1. to remove the defect,
2. at a reasonable discount from the purchase price.

If the Seller fails to remedy the defect in a timely manner or refuses to remedy it, the Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the contract. The Buyer may change the selected option only with the Seller's consent.

11. Defects are defects that the Goods are already burdened with upon handover (this does not apply to defects that arise in the Goods through later use or improper use of the Goods) and in order to claim defects from defective performance, as described above, the Buyer is obliged to inspect the Goods upon handover and report any defects without delay. If the Buyer does not report the defects without delay, the rights from defective performance cannot be exercised. This does not apply to so-called hidden defects, i.e. defects whose existence cannot be proven during a normal inspection of the Goods upon handover.
12. The Seller is not liable for defects that arise in the Goods as a result of improper use of the Goods.
13. The Seller will confirm to the Buyer in writing when the right to claim defective performance was exercised, what the content of the complaint is, what method of handling the complaint the Buyer requests, and will also issue a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written (e-mail) justification for rejecting the complaint.
14. Complaints about goods purchased by the Consumer: The Seller will decide on the complaint within 3 days from the date the claimed Goods were delivered to him, and will inform the Consumer about the method of handling the complaint. The complaint will be handled without undue delay, no later than 30 days from the date of filing the complaint, unless otherwise agreed by the parties.
15. The Buyer acknowledges that he is obliged to provide the Seller with the necessary cooperation necessary for the settlement of the complaint, otherwise the deadlines will be extended accordingly by the time during which the Buyer did not provide the required cooperation.
16. For hygiene reasons, the Seller is entitled to refuse to accept the Goods for a claim if the Goods are dirty, wet or damp.
17. After the complaint has been resolved, the Seller will inform the Buyer either via SMS, e-mail or telephone. If the Goods were sent by a shipping service, they will be sent to the Buyer's address after resolution.
18. The Buyer is obliged to accept the complaint without undue delay, but no later than 7 days from the date on which he was informed about its settlement. If the complaint is not accepted by the Buyer no later than the last day of the deadline, the Seller will be charged a storage fee for storing the goods after its futile expiration in the amount of CZK 100 including VAT for each day of delay. If the Buyer does not collect the goods from the settled complaint within 30 days from the date on which he was informed about the settlement, the Seller reserves the right to sell the Goods and use the proceeds to pay the storage fee.

Right to withdraw from the contract

1. If the purchase contract is concluded using means of distance communication (by telephone, e-mail or in the Online Store), the Consumer has the right to withdraw from the contract without giving a reason within 14 days of receipt of the goods. The period runs from the day following the day on which the Consumer received the Goods. The Entrepreneur does not have this right.
2. Withdrawal can be made by correspondence to the Seller's registered office address, or by e-mail to info@welten.cz. A sample withdrawal form is attached to these Terms and Conditions. The consumer is not obliged to use this sample form, it only serves to give an idea of ​​what information he should provide to the Seller when withdrawing from the contract.
3. If the Consumer withdraws from the contract, he shall at the same time send or hand over to the Seller the Goods he received from the Seller. The costs of sending the Goods back to the Seller shall be borne by the Consumer.
4. The Consumer should return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and quantity in which the goods were received.
5. If the Consumer withdraws from the contract, the Seller will return to him without undue delay, no later than 14 days from the withdrawal from the contract, all funds received from him under the contract, in the same manner.
6. The Buyer acknowledges that if gifts are provided with the Goods, the gift agreement between the Seller and the Buyer is concluded on the condition that if the right to withdraw from the purchase agreement is exercised within 14 days, the gift agreement shall cease to be effective and the Buyer is obliged to return the gifts provided together with the returned goods, including everything that he has enriched himself with. If these are not returned, these values ​​will be understood as unjust enrichment of the Buyer. In the event of withdrawal from the gift agreement, the purchase agreement shall not expire and the contracts shall be assessed from this point of view separately.

Privacy Policy

1. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other relevant legal regulations.
2. The personal data controller is the Seller, the company Welten Brands sro, Company ID 143 58 701, with its registered office at Kollárova 644/10a, Karlín, 186 00 Prague 8, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague under file number C 364495, email: info@welten.cz .
3. The Seller, as the administrator, will process the information that the Buyer provides to him as part of the conclusion of the purchase contract. This includes, in particular, name, surname, address, contact details (e-mail, telephone), billing details and purchase details. Personal data will be processed only for the purpose of and in connection with the performance of the contract and, where applicable, for the Seller's marketing communications. However, personal data will be used for marketing communications only to the extent and under the conditions of compliance with the conditions of the relevant legal regulations. The Buyer may unsubscribe from the sending of e-mail marketing communications, for the sending of which only the Buyer's electronic contact will be used, at any time by clicking on the link contained in each e-mail with the marketing communication.
4. Personal data will not be transferred or made available to third parties without further notice. The only exception to the above is the possible transfer to a state authority in accordance with the law (e.g. the Police of the Czech Republic) and further transfer to persons who provide certain services for the Seller, specifically:

1. authorities or entities authorized by law;
2. entities to which data is provided on the basis of concluded contracts relating to activities carried out by the Seller, and to which the Seller outsources the implementation of activities related to the necessity of data processing (processing entities), e.g. companies providing IT services, IT system operators, payment system operators, law firms and audit firms;
3. courier companies that provide shipping and postal services that will deliver your ordered packages to you;
4. authorities or entities to which the data will be made available based on the consent of the person to whom the data relates.
   5. The legal basis for processing personal data is the purchase contract for the Goods that the Buyer has concluded with the Seller. Failure to provide or delete personal data results in the impossibility of concluding or fulfilling the contract.
   6. Personal data will not be transferred to any third country or international organization that does not provide adequate protection of personal data. In connection with the processing of personal data, the Buyer has the right to access personal data, correct or delete them, or restrict processing. Furthermore, the Buyer has the right to object to processing, as well as the right to transfer data to another controller.
   7. In connection with the protection of personal data, the Buyer has the right to file a complaint with the Office for Personal Data Protection. The Buyer can find all information, as well as contact information, on the website: https://www.uoou.cz/ .
   8. Personal data will be processed only for the duration of the contract, or at most for the period during which the claims under the contract are enforceable in court, i.e. usually for another 3 years. Personal data whose processing is required by law will be processed for the period required by law. After the end of the processing period, the personal data will be destroyed without delay.
   9. When processing personal data, there is no automated decision-making, including profiling.

Other arrangements

1. Individual purchase contracts may only be amended in writing.
2. If written proceedings are required, it will suffice if they are conducted by electronic means.
3. The entrepreneur who concludes a contract with the Seller hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the " Civil Code ").
4. Possible disputes between the Seller and the Consumer can also be resolved out of court. In such a case, the Consumer can contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority coi.cz. More information about out-of-court dispute resolution can be found here. https://www.coi.cz/informace-o-adr/ . Before proceeding to an out-of-court dispute resolution, we recommend that you first contact the Seller to resolve the situation.

Validity of the Terms and Conditions

1. These Terms and Conditions come into force and effect on 06.2022
2. The Seller is entitled to unilaterally change the Terms and Conditions at any time, and the change becomes effective upon its publication on the Seller's website.
3. The provisions in purchase contracts take precedence over these Terms and Conditions.
4. These Terms and Conditions, as well as individual purchase contracts, are governed by Czech law, in particular the Civil Code.